TERMS AND CONDITIONS | U are the Hero

TERMS AND CONDITIONS FOR PROFESSIONAL ACCESS TO U ARE THE HERO SERVICES

Introduction

The UATH Community has been conceived as a meeting place for those who are going through a disruptive moment in their lives (for example, an illness, the loss of a loved one, a failure, fear, depressive situations, etc.); a meeting place in which to share the experiences of users to promote - through common values - self-improvement and knowledge. For this reason, our main objective is to provide our users with access to information about similar experiences, being aware that all are different, but they all provide help to a greater or lesser extent.

In response to this objective, UATH allows users to share their personal stories and their experience with the professionals who serve them, as well as, among other features, contact professionals referenced by other users and registered in UATH when they have this service enabled. Therefore, UATH acts exclusively as an intermediary, since at all times its activity is limited to putting Users who decide to share their stories in contact with other users and with the professionals with whom they may finally make an appointment.

Identification of the service provider

Name: UARE THE HERO, S.L. (hereinafter "UATH")

Mercantile Registry of Madrid: Sheet MA-728109

NIF: B02728590

Registered office: Calle Ramón y Cajal 5, 28100 Alcobendas (Madrid)

Contact: hello@uarethehero.com

UATH reserves the right to modify these Terms at any time, as well as any other general or particular conditions, regulations of use, instructions or notices that may be applicable. Likewise, UATH reserves the right to suspend, interrupt or stop providing the services at any time.

1. DEFINITIONS

For the purposes of this Agreement, the definitions set forth below shall apply, which shall include both in plural and singular format.

“App”: platform for mobile devices operated by UATH

"Contract": The contract for the provision of services, between UATH and the Professional, that includes these Terms and Conditions, the Professional's registration and subscription form, as well as any particular conditions and/or Annexes that may be signed between the two.

“User”: Any person registered in the UATH Community who accesses the services that are offered at any given time.

“Website”: Online site available at the following address www.uarethehero.com,operated by UATH that serves to facilitate registration and access to the tool for Professionals. The Website also serves to divulge the platform and provide information about UATH services to potential stakeholders.

“Profile”: Personal and professional information of the Professional published and available only to registered Users and the Professional to whom it refers.

“Professional” or “You”: any person or entity, as the case may be, who, through the Registration process and acceptance of these Terms and Conditions, signs this Contract with UATH for the provision of the Services.

“Services”: Services offered by UATH to Professionals through the App or Website.

“Parties”: jointly the Professional and UATH.

2. LIST AND DESCRIPTION OF THE SERVICES

List of Services:

a) Profile: Creation and management of the Professional's Profile, indicating contact details, professional accreditation, services offered, hours and rates determined by the Professional for its services to Users. Together with the Profile, the Users will also have access to the references and testimonials of the Users related to the Professional. This Information of registered Professionals will be visible to registered Users but not to other Professionals.

b) Access to the results of the satisfaction and assessment surveys that UATH will carry out to the Users reach time the Users make an appointment with a Professional through UATH. These satisfaction surveys will not be accessible to other Users.

c) Direct communication between Professionals and Users: The Professional who so wishes may be contacted by UATH Users and maintain direct and private communications between them (via one to one chat, messages).

d) Access to "Business Management Functions" that allows managing appointments with Users:

Possibility of receiving appointment requests from interested Users, which the Professional may accept or reject.
Messaging management for confirmation of appointments agreed between Professional and User

The Professional expressly acknowledges that he is familiar with the services and functionalities of UATH and that prior to accepting these Terms and Conditions he/she has received complete information from UATH.

In particular, the Professional expressly accepts that the Users of the UATH Community may express their assessments and opinions regarding the services provided by the Professional, which may not always be positive, without UATH having any responsibility in this regard. These opinions and ratings will remain available to Users in UATH as long as the professional maintains their active profile.

3. REGISTRATION AND SUBSCRIPTION PROCEDURE

To allow the use of the Services offered by UATH, the Professional must register through the web (www.uarethehero.com) and provide personal data for proper identification, creation and maintenance of their account, for example: name, surname , email address and telephone number, photograph, data and professional experience. Also, the Professional will be invited to upload an image of the titles and documents that enable him to act as a Professional. In relation to this, the Professional commits to provide accurate, updated and truthful information. UATH does not commit to verify or validate these documents.

After registration, Professionals will receive a personal identifier for the UATH Community and a personal password with which they can access their private area through the Web Site. These access data are personal and confidential, in such a way that they can only be modified at the request of the User or at the initiative of UATH for security reasons.

Any personal data provided by the Professional during the registration procedure and during the provision of services will be treated in accordance with the provisions of section 15 of these Terms and Conditions.

IT IS THE EXCLUSIVE RESPONSIBILITY OF THE PROFESSIONAL TO HAVE OBTAINED THE NECESSARY DEGREES, QUALIFICATIONS AND LICENSES TO PROVIDE THE SERVICES OFFERED in each of the countries selected in the Registration process (whether they are a medical professional or other professionals who provide services, paramedics or complementary therapies). FURTHERMORE, IT IS THE EXCLUSIVE RESPONSIBILITY OF THE PROFESSIONAL THAT THE TITLES AND DOCUMENTS UPLOADED TO UATH FOR PUBLICATION ARE TRUE AND ENABLE TO PRACTICE AS A PROFESSIONAL. THE EXERCISE OF CERTAIN PROFESSIONS WITHOUT A DEGREE OR WITHOUT THE NECESSARY COLLEGE OR ADMINISTRATIVE QUALIFICATION, AS WELL AS THE PUBLICATION OF FALSE DOCUMENTS, IS PUNISHED BY PRISON PENALTY AS A CRIME OF INTRUSION IN MOST JURISDICTIONS.

UATH reserves the right to cancel or restrict access to UATH to certain Users or Professionals in the event of observing any conduct that, in the opinion of UATH, is contrary to these Terms and Conditions, the applicable legislation at any time, or the regulations established by UATH or that may negatively affect the proper functioning, image, credibility and/or prestige of UATH, without this implying any responsibility of UATH as a result of the behavior or activity of said Users or Professionals.

4. PROFESSIONAL REFERENCES

Through UATH, Users can include references to make known their experience with Professionals, treatments or activities that have contributed to their improvement and healing process.

Therefore, UATH does not contain a directory of professionals, but the references of the Users related to those Professionals who have assisted them and accompanied them in their recovery process with the assessment of that contribution. UATH makes available to Users the experiences and testimonies of other Users.

Likewise, after the effective provision of the service by the Professional, the User may assess its experience through a satisfaction survey referring to the quality of the service or the professionalism of the provider. This assessment will only be shared with the Professional in question.

5. UATH WEBSITE

UATH has a Website with the aim of making UATH and the Services it offers known.

In this sense, UATH reserves the right to include in said Web Site excerpts from the stories published by the Users or from the references sent about the Professionals, as well as in social networks or other means of communication, in order to promote the UATH services, respecting in any case the anonymity of Users and Professionals.

6. MODERATION AND REMOVAL OF POSTS

UATH submits the contents published by Users to a system of automatic filters to prevent inappropriate content. For these automatic filters, a list of words, terms and names is used that, like a Blacklist, tells us to review them when a publication may not respect the UATH Values, checks the veracity of the testimonials and their adequacy to laws and UATH Values so that we may take appropriate action.

If you consider that there are elements or content published on UATH that are illegal or violate your rights, please notify UATH by email to the address hello@uarethehero.com with all the documentation you have. UATH will use the greatest possible diligence to address your complaint and, if appropriate, remove the illegal content as quickly as possible.

7. FINANCIAL CONDITIONS AND BILLING

Once registered, the Professional will have access to the Services and will be obliged to pay in advance the applicable fee, according to the terms described below.

UATH will invoice the Professional the corresponding rate at any given time based on the period contracted by the Professional (monthly/quarterly/annual), plus any applicable VAT. Billing and payment will be made in advance for each contracted period on the date they are contracted (or on the date they are renewed, unless the cancellation of the subscription has been notified in advance). The services will remain in force until the date on which each contracted period ends. In this sense, the eventual cancellation of the Contract by the Professional will be apply from the billing period following the current service period.

The Professional expressly authorizes UATH to issue electronic invoices and/or e-VAT invoices, as well as to send them to the email account or address provided in the registration process.

Payment will be charged in the card indicated by the Professional during the registration process. The Professional will guarantee that the means of payment has a sufficient balance to ensure payment.

In the event that UATH does not receive the fees provided for in this clause for any reason not attributable to UATH, UATH will have the right to block the Professional's profile and the Professional's access to the UATH Services. Likewise, in the event that said delay continues for a period of thirty (30) days, UATH reserves the right to claim the corresponding legal interests and to terminate this Agreement without the need for prior notice. The blocking of access to the Services will not release the Professional from paying the fees accrued in favor of UATH while the Contract is not resolved. Once the 30 days have elapsed without resolving the non-payment problem, UATH may delete the Professional's account by deleting all their information.

The Professional may request the return (reimbursement or chargeback) of the amounts charged by UATH only in case of collection errors (for example, double payments or charges made after the termination date of this Contract).

Free trial period. UATH may offer a trial period to new Professionals who have completed the registration process. During the free trial period, UATH will allow them to access the Services free of charge. Once the free trial period ends without the Professional having canceled the Service, UATH will proceed to advance and automatic billing of the service for the period selected by the Professional.

8. TERM OF THE CONTRACT. TERMINATION.

These Terms and Conditions, as well as the rest of our applicable policies, will remain in force and will be binding following its acceptance at the end of the Registration process, indefinitely until their termination in accordance with the provisions of this Agreement.

The Professional will be able to unsubscribe as a registered Professional at any time in the Web Site . In this case, the withdrawal will be effective at the end of the period contracted by the Professional.

In case of account deletion, the Professional's profile in UATH will no longer be available to Users.

In any case, UATH will keep the necessary information regarding the Professional account in order to comply with our legal obligations.

Also, the Professional may suspend his/her UATH account for a maximum period of 6 months during which his Profile will not be accessible to Users nor will he/she be able to receive UATH services, but his/her Profile will be kept in order to rehabilitate his/her account within this period.

In case of breach of these Terms and Conditions by the Professional, UATH may suspend the provision of the Services or cancel the Professional's account. In the event of a material or repeated breach (that is, when it is not corrected within a period of ten (10) days from its notification to the Professional), UATH may immediately terminate this contractual relationship and the provision of the Services, and claim the corresponding damages.

9. RIGHTS AND OBLIGATIONS OF UATH.

UATH undertakes to provide the contracted Services and to provide support as described in these Terms and Conditions diligently and according to market standards.

10. OBLIGATIONS OF THE PROFESSIONAL.

The Professional should be eligible to be included in one of the following categories: (a) duly authorized medical professionals, who operate in the European Union or in other countries; or (b) other professionals who provide services in the field of health, physical, and emotional well-being (by way of example, professionals of complementary therapies – not substitutes for medical treatments) in the European Union or in other countries.

Any Professional must have -under their sole responsibility- the corresponding professional authorization to perform the services they offer in the different territories or countries in which the Professional provides their services.

Likewise, the Professional undertakes to:

Make diligent, adequate and lawful use of the Services offered by UATH and the published content, in accordance with these Terms and Conditions, the applicable legislation, morality and generally accepted good customs. The use of the services offered by UATH by the Professional may never imply any type of damage to the UATH Community, its information or content, nor to its operation and development;
The content shared by the Professional in the UATH Community must be personal, truthful and lawful, and comply with all the requirements contemplated in these Terms and Conditions;
Regularly settle the fees or charges corresponding to the Services, in the terms described in this Agreement;
Do not assign the rights and obligations derived from your subscription to the UATH Community to third parties without the authorization of UATH;
Safeguard and keep secret the accounts and passwords assigned to you when registering, which will be personal and non-transferable. Therefore, its transfer, even temporary, to third parties is prohibited. The User undertakes to make diligent use of them at all times. In the event that you become aware of or suspect the theft, loss or unauthorized use of your access credentials (username and password), you must notify UATH as soon as possible;

In particular, but without limitation, the Professional will refrain from:

Make unauthorized or fraudulent use of the services offered by UATH;
Access or attempt to access resources or restricted areas without meeting the conditions required for such access;
Use the tools or content for purposes or effects that are illicit, illegal, contrary to what is established in these Terms, good faith and public order, that are harmful to the rights and interests of UATH or third parties, or that may in any way damage, disable or overload the tools provided by UATH or prevent their normal use or enjoyment;
Use the App or any UATH contents for advertising purposes of third parties, other than the promotion of their own services or activities.
Introduce or spread computer viruses, malware, or any other physical or logical systems that are likely to cause damage to the physical or logical systems of both UATH and its suppliers or third parties;
Attempt to access, use or manipulate the data of UATH, third-party providers, users or other Professionals;
Reproduce, copy, distribute, allow public access through any form of public communication, transform or modify the contents of UATH without the authorization of its owner, unless permitted by law;
Delete, hide or manipulate the notes on copyright and other data identifying the rights of UATH or third parties incorporated into the content, as well as the technical protection devices or any information mechanisms that may be inserted in them;
Download or access the content using means or procedures other than those enabled for this purpose and are indicated on the site where the content is located.

On the other hand, UATH reminds you that the presence of a hyperlink or hyperlink to another website does not imply in any case the existence of agreements between UATH and the owner of the linked site, nor does it imply the acceptance or approval of its contents or services by UATH, nor its adaptation to current legislation.

Those who intend to establish a hyperlink to UATH must previously request UATH's written authorization. In any case, the hyperlink will only allow access to the UATH home page. In any case, you must refrain from making false, inaccurate or incorrect statements or indications about UATH together with the hyperlink or include illegal content, contrary to good customs and public order.

The Professional will be liable for damages of any nature that UATH may suffer, directly or indirectly, as a result of the Professional's breach of the obligations and rules of use contained in these Terms and Conditions.

FURTHERMORE, THE PROFESSIONAL IS EXPRESSLY RECOMMENDED NOT TO INCLUDE PERSONAL DATA AND MEDICAL INFORMATION IN THE COMMUNICATIONS AND/OR CONTENT THAT THEY STORE AND/OR SHARE WITHIN THE FRAMEWORK OF THE UATH COMMUNITY.

11. TECHNOLOGICAL LIMITATIONS AND MAINTENANCE

We expressly inform the Professional that there are a wide variety of factors that, in certain cases, may affect the operation of the UATH Services and/or their quality, such as, by way of example, but not limitation: environmental conditions, network saturation, connectivity, third-party software, etc. UATH reserves the right to interrupt the Services at any time and without prior notice, provided that this is due to technical, security, control or maintenance reasons, supply failures, telecommunications defects or any other well-founded reason.

Likewise, the App may be subject to updates over time and maintenance operations in order to expand its range of services, offer higher quality and improve the functionality of the system. When maintenance operations are expected to last more than forty-eight (48) hours, Professionals will be notified at least twenty-four (24) hours in advance.

Certain updates (eg antivirus programs) may be mandatory. Once the obligation of a specific update is reported within the period provided in the previous paragraph, the Professional must accept it in order to continue using the App. Otherwise, we may block the Professional's access until acceptance of the update. relevant update.

It is possible that an update may cause unpredictable performance problems, so it is recommended and the Professional will be warned and allowed to make a backup of their data before installing it. UATH will not assume any responsibility for problems derived from incomplete functions or malfunctions of the App in those cases in which the Professional does not make the aforementioned backup.

The App is offered as it has been developed (“as is”) and in the form in which it is available at any time (“as available”). To this end, UATH does not guarantee, expressly or implicitly, that the App is adapted to specific purposes or uses, nor that it is useful or adequate for the activity of the Professional or any of the Users, nor of the absence of defects or mistakes.

12. EXCLUSION OF WARRANTIES AND LIABILITY

UATH will not be liable to the Professional, nor to third parties, for any damages arising from the use of the services offered by UATH, or that are the result of non-compliance by the Professional or any User of these Terms and Conditions, the Privacy Policy and/or the recommendations or instructions provided by UATH.

UATH does not assume any responsibility with respect to the content and information that Professionals and Users may upload, store or share through the UATH Community, nor regarding the Professionals obligation to obtain due consent of the Users that may contact them prior to the treatment of the personal data of such Users by the Professionals, where applicable. In no case, UATH issues medical opinions nor UATH activity may be considered as telemedicine or similar. In this sense, UATH is not responsible for the answers, queries, comments and/or medical opinions that may be issued by Professionals or Users through the UATH Community.

Likewise, the Professional accepts and acknowledges that UATH does not guarantee the identity of the Users nor will it be responsible under any circumstances for any fraud related to the identity of the Users.

UATH excludes any responsibility for damages of any nature that may be due to the use of the services offered by UATH or to the lack of availability or continuity of the operation of the platform made available to Users and Professionals; nor will it be responsible for those damages that may be due to the lack of veracity, accuracy, exhaustiveness and/or timeliness of the information and content offered in the UATH Community that are not of its own elaboration and from which another source is indicated, nor for the contents in other web pages that can be accessed through a link or hyperlink from the UATH Community. FOR THIS REASON, WE ASK YOU TO PLEASE ACT WITH THE UTMOST DILIGENCE BEFORE ACCESSING ANY THIRD-PARTY WEBSITES OR LINKS AND ALWAYS REVIEW THE TERMS OF USE AND POLICIES OF SUCH WEBSITES BEFORE BROWSING THEM.

The Professional who uses the services offered by UATH does so under their own risk and responsibility. As service providers of the information society (in the terms provided in Law 34/2002, of July 11, on services of the information society and electronic commerce), we are not responsible for compliance by the Professionals of its obligations under other regulations (in particular, those that regulate the provision of medical services or any other services offered by the Professionals).

13. INTELLECTUAL AND INDUSTRIAL PROPERTY – LICENSE USE

All the elements that make up the UATH Community (among others, texts, images, domain, brands, logos, audio and video files, software, technology, graphic design, etc.), as well as the structure, selection and order of their elements, are protected by intellectual and industrial property regulations, and may not be exploited, reproduced, distributed, modified, publicly communicated, transferred or transformed, or any other form of dissemination or act of exploitation not expressly authorized by us, such as authorized owners or licensees, through these Terms and Conditions or otherwise. The Professional may only make use, non-exclusively and during the duration of these Terms and Conditions, of these rights solely and exclusively for the purposes set forth in these Terms and Conditions. The non-permitted or fraudulent use of registered trademarks or other protected materials is expressly prohibited and may constitute an infringement of applicable regulations.

14. PRIVACY POLICY. PERSONAL DATA PROTECTION

14.1. Processing of personal data of the Professional

Any personal data provided by the Professional during the registration procedure and during the term of the contractual relationship between the Parties, among others: name, surname, email address and telephone number, professional data, will be processed by UARE THE HERO, S.L. (¨UATH¨) as Data Controller in the terms established below:

Purpose and legitimacy of treatment

We use the personal data provided to:

Treatment	Basis of Legitimacy
Manage and maintain your registration in the UATH Community.	Execution of contract and consent (art.6.1.a) and b) of the RGPD) since it is a registration that is carried out at your request.
Provide you with the services offered by UATH, which includes, among others: (i) creation of the Professional profile, (ii) facilitating access to published content, (iii) receiving the UATH services and benefits described in this document (iv) facilitating communication with Users, (iv) management of satisfaction surveys.	Execution of the contract (art.6.1.a) and b) of the RGPD), since it is a treatment derived from the provision of services by UATH to the Professionals.
Carry out, where appropriate, the actions that UATH deems necessary to verify the identity of the Professional and their authorization to provide services to Users.	Legitimate interest (art.6.1. f) of the RGPD), of UATH in verifying the identity and possession of the qualifying titles of the Professionals.
Send you information about the latest UATH news.	Consent (art.6.1.a) of the RGPD), since it is a shipment based on your subscription to our Newsletter.
Processing derived from the use of own and third-party cookies with the aim of facilitating your navigation in the App, preparing statistical information and analyzing your browsing habits.	Consent (art.6.1.a) of the RGPD), in the event that you accept the use of third-party cookies when entering the App.

You can unsubscribe from news and the UATH Community at any time and without any justification being necessary, expressing your will to the address hello@uarethehero.com , as well as in each of the communications you receive to your email by our part.

Cookies

At UATH we use third-party cookies to facilitate your navigation on the App, compile statistical information and analyze your browsing habits.

A cookie is a small text file that is stored on the user's computer, tablet, smartphone or any other device, with information about the navigation that is carried out.

The third-party cookies that are used will only be processed as long as you maintain your consent and are cookies from the Google entity located in the US. These treatments involve an international transfer of data to a country that does not have a level of data protection comparable to that of Europe.

In the following link you can find the information that this company provides on the additional guarantees to transfer data internationally:

https://policies.google.com/privacy/frameworks?hl=en-US

You can revoke your consent to the use of third-party cookies when you deem it necessary by contacting us at hello@uarethehero.com.

Recipients

UATH will not transfer your personal data to third parties. Although, for the correct provision of services, UATH can count on the collaboration of third-party service providers that may have access to personal data as a result of the execution of the contracted services (eg development services and technological maintenance). In any case, UATH follows strict selection criteria for said third parties in order to comply with their data protection obligations and signs their corresponding data protection contract with them, where these third parties are obliged to comply with their obligations in data protection, and specifically, to comply with legal, technical and organizational measures, to the processing of personal data for the agreed purposes, and the prohibition of processing said personal data for other purposes or transfer to third parties.

On the other hand, we may communicate your personal data to the competent authorities and public bodies when the laws require us to do so.

We may also share your personal data within the UATH group, that is, with other platforms, applications or channels that with the same commercial name could offer UATH activities and services and are all owned by UATH.

Storage period

The personal data of the Professionals will be kept as long as they are necessary to provide the UATH services.

In case of account deletion, the Professional's profile in UATH will no longer be available to Users.

In any case, UATH will keep the information necessary to comply with our legal obligations.

Security

At UATH we are committed to protecting your personal data and taking all reasonable precautions accordingly.

Also, as stated above, we require our providers who access your data to commit to respecting the privacy and security of your personal data to a similar level.

Similarly, we always do our best to prevent unauthorized access to personal data. However, since it is not possible to ensure that the transmission of information over the Internet is completely secure, we cannot guarantee the complete security of your data transmitted to our site. Therefore, any transmission of data is done at your own risk.

Data protection rights

You can exercise your rights of access, rectification, deletion, opposition, limitation of treatment and portability of data at any time and free of charge by sending an email to the address hello@uarethehero.com or to the postal address indicated in the first section, proving your identity and specifying the right you wish to exercise.

Likewise, you have the right to file a claim with the Spanish Data Protection Agency if you consider that we have committed an infringement of data protection legislation regarding the processing of your personal data (www.aepd.es).

14.2. Treatment of personal data derived from the provision of services by the Professional to the Users

As a consequence of the provision of the services provided by the Professionals to the Users registered in the UATH Community, the Professional will be considered the Data Controller for the processing of personal data derived from the provision of the services contracted by each User.

14.3. Treatment of personal data derived from the provision of services by UATH to the Professional

The provision of services by UATH to the Professionals, derived from the contracting of specific services offered by UATH, specifically: access to the "Business Management Functions'' allows, among other functionalities: to manage appointments with the users, receive appointment requests from interested users, messaging management to confirm appointments agreed between Professional and User. In this sense, the Professional shall be considered as data controller, responsible for the treatment of the User's personal data and accordingly UATH will act as data processor.

In accordance with the data protection regulations, with regard to the processing of personal data and the free circulation of these data, the processor is obliged to:

Manage only the data in accordance with the provisions of the Terms and Conditions, and not use them for a purpose other thanf the provision of services.
Do not communicate the data to third parties, not even for its conservation. In any case, UATH is obliged to maintain professional secrecy regarding the data it accesses, as well as any information owned by the Professionals related to their activity or business after having finished it for any reason.
Likewise, it is obliged to expressly comply with the following security measures:

Functions and obligations of the staff. UATH has defined in writing the functions and obligations of employees with access to personal data and information systems.
Access control: UATH maintains a registry of employees that are authorized to access personal data:

Users who access the system are always identified and their permissions are verified by means of passwords that expire at least once a year and are stored in an unintelligible way.
Users have access only to those resources they need to carry out their functions, with mechanisms that prevent repeated access attempts.
Access to the room where the IT system equipment is installed is limited to members of the IT department.
The IT department is the only one authorized to grant, change or cancel any access permission.

Management of supports and documents. The media and documents that contain personal data are inventoried, identifying the type of information they contain, and are only accessible to authorized personnel.
Temporary files and copies of documents are protected by the same security measures and are deleted or destroyed as soon as they are no longer necessary.
The release of documents that contain personal data outside the premises of the company is not contemplated. However, in the event that such release is exceptionally necessary, it must be previously authorized by the IT department or the security manager and it is recorded in a register that allows verifying the document or support, the time of entry or exit, the sender and receiver, the data that is sent and the delivery system, as well as its purpose.
Record of incidents. Any security incidents will be recorded and managed by the hosting provider. Notwithstanding the foregoing, in addition, UATH will have a registry of incidents and security breaches recording the type of incident, the moment in which it occurred or was detected, the person notifying it, to whom it is communicated, the effects that would have derived from it and the corrective measures applied, the procedure applied to recover the data that must be communicated to the IT department, the person or entity in charge of the process, the restored data and, where appropriate, what data has been need to record manually.
Backup and recovery copies. Procedures for making daily backup copies have been established, the application and effectiveness of which is periodically verified.
Pseudonymization. UATH pseudonymizes the information in those operational processes that require it (for example, in the event of deactivation of a user's account) replacing the identification data of the interested parties with internal aggregators for all those data treatments that can be carried out without need to link personal information to the identity of the person.
Responsibility for security. The person in charge of the IT department is responsible for the security of the systems, in charge of coordinating and controlling the sufficiency and adequacy of the applicable security measures.
Audit. Every two years an internal audit is carried out to verify the established security system and its adequacy, identifying its deficiencies and proposing the necessary measures.
The Processor is obliged to immediately notify the Professional in case of detecting any type of improper action by any person who performs professional functions (access to information that does not correspond to their functions, fraud, improper use of passwords, users with more authorizations of the necessary or any other).

In this regard, and upon request of the Professional, the Processor will provide the Professional with: (i) the means provided for data processing, (ii) the specific security measures implemented and (iii) the risk analysis and evaluation of impact, in case UATH has carried out one regarding the provision of the service.

Additionally, the Processor must immediately inform the Professional of any security incident that affects the personal data for which the Professional is responsible (for example, loss or theft of media containing data, technical failures of the information systems that affect personal data , etc). Said notification will be without undue delay, and in any case, before a period of 48 hours from the date of knowledge and through the email address provided by the Professional. The notification must be accompanied by all the relevant information for the documentation and communication of the incident.
Communicate by email to the Professional at the indicated email address the exercises of rights of access, rectification, deletion and opposition, limitation of treatment and portability of data made before the Processoras soon as possible. Notwithstanding the foregoing, the Processor will address the affected subject, indicating that he is providing certain services for the Professional, and informing him that he will forward said request to the Processor so that he can respond to it. as soon as possible.
Do not subcontract all or part of the services, without the authorization of the Professional. In the event that the Processor uses a sub-processor to carry out certain treatment activities on behalf of the Professional, the same data protection obligations as those stipulated for the Processor will be imposed on the sub-manager.
Make available to the Professional all the information necessary to demonstrate compliance with their obligations, as well as to carry out the audits or inspections carried out by the person in charge or another auditor authorized by them.
Return or delete, at the request of the Professional, the personal data to which they have had access, once the contractual relationship between the Parties has ended.

15. OTHER ITEMS

Complaints, claims and errors in data entry.

The Professional may submit its complaints and claims, as well as identify and correct errors in data entry, by sending an email to the following address: hello@uarethehero.com

If the Professional considers that there has been any violation, by us or by third parties, of intellectual and/or industrial property rights, or that the content included in the UATH Community violates these Terms and Conditions, he or she may report it directly to UATH through the address mentioned above, providing, together with their identification data, a description of the offending situation. We will analyze the claim and agree, as appropriate, to remove the content or information causing the infringement. We reserve the right to exercise the corresponding legal actions against Professionals who violate or infringe these rights or these Terms and Conditions.

Conservation of these Terms and Conditions by the Professional

The Professional will have at his disposal in the private area the Terms and Conditions accepted in the registration process as well as their modifications.

Access to and use of the services offered by UATH by the Professional will be governed by the version of the Terms and Conditions that is published in the App itself at any time and that you have accepted.

Non waiver of rights and separability

The fact that UATH does not exercise or enforce any right it owns or any provision of these Terms and Conditions will not constitute a waiver of such right or provision.

If any part, or all, of a clause of these Terms and Conditions are considered invalid, illegal or unenforceable for any reason, this will not affect the validity and effectiveness of the rest, which will continue to be binding between the parts.

Conflict resolution

In case of conflict, we will try to reach an agreement with the Professional and resolve your concerns amicably. Before carrying out any legal action, the Professional expressly accepts to contact UATH to settle any potential dispute or claim informally. . In the event that the Parties do not reach to amicably settle the dispute within fifteen (15) days after such communication, the Professional may initiate formal proceedings.

Legislation and applicable jurisdiction

These Terms and Conditions are subject to Spanish law.

In the event of any discrepancy or controversy arising from the interpretation or application of these Terms and Conditions, Data Protection Policy or the content of the App, the Professional and UATH expressly agree to submit to the jurisdiction of the law of the Courts of Madrid.

For the above purposes, the Professional expressly declares that for the purposes of this Agreement he is not considered a consumer.

Contact

If you have any questions about these Terms or about the use and services of UATH, please contact us at hello@uarethehero.com