This legal notice shall be interpreted and governed in accordance with current Spanish legislation.
A “User” shall be defined as any person who is 18 years of age or older, and accepts the terms and conditions included in this contract, thereby accepting its execution. In the case of minors under thirteen years of age, the consent of parents or guardians is required for the processing of their personal data.
In this contract, the User will have access to information regarding the legal conditions that define the relationships between users and the person responsible for the website https://www.drtitorodriguezbouza.com as well as the web application within Google Play called “Allergy Doctor” (hereinafter “The Web” and “The Application”).
By accepting these general conditions, it is understood that the client has read and understood all its points and therefore understands the obligation to fully accept this contract. The user understands their responsibility to read this contract on each occasion they propose to use the web or the application, as the text could suffer modifications at the discretion of the owner of the web or application, or due to a legislative, jurisprudential, or business practice change.
Tito Rodríguez Bouza (hereinafter “The Controller” or “The Responsible Party”) is responsible for The Web and The Application and commits to complying with all national and European requirements regulating the use of users’ personal data.
DETAILS OF THE RESPONSIBLE PARTY:
NAME: Tito Rodríguez Bouza
REGISTERED OFFICE: Calle Hermosilla 48 1D, 28001, Madrid
CONTACT TELEPHONE: +34 636577506
EMAIL: drtitorodriguezbouza@gmail.com
PROFESSIONAL MEMBERSHIP: Madrid College of Physicians, number 282857973
This Website guarantees the protection and confidentiality of personal data provided to us in accordance with the provisions of the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, Organic Law 3/2018 on Personal Data Protection and Guarantee of Digital Rights, as well as the Law on Information Society Services and Electronic Commerce 34/2002 of 11 July (LSSI-CE).
1.- Object:
The Web and The Application aim to connect patients with professionals for the evaluation, control, and monitoring of their health (Such contact hereinafter “Consultation”). The medical consultation via videoconference is in no case a substitute for face-to-face consultation requiring physical examination. In no case will the consultation via The Web and The Application require hospitalization of the patient nor will they be associated with a medical center belonging to the responsible party or the doctor performing the consultation.
The medical consultation via videoconference constitutes a telemedicine medical act, strictly limited to the possibilities offered by visual examination and clinical questioning at a distance. The User understands and accepts that this service does not substitute the face-to-face consultation when a physical examination (auscultation, palpation, etc.) or on-site diagnostic tests are necessary. In case of diagnostic doubt due to the limitations of the medium, the physician will refer the patient to a face-to-face center, and the prescription of treatments requiring indispensable prior physical control is not possible.
The contents of The Web and The Application do not constitute, in any way, the provision of medical assistance services, so they do not substitute in any case the provision of healthcare services or medical consultation.
The provision of the service of The Web and The Application has a limited duration to the moment in which the User is in established contact during a consultation requested for a specific time and day. Previous or subsequent contacts with the Doctor will not imply an official provision and specifically, those answered by WhatsApp or another means of communication outside of consultation hours are not urgent consultations. Therefore, it will not be considered as an unattended urgent consultation if the patient is not answered by WhatsApp or another means of communication to a question asked.
Both the Web and the Application are not sponsored by pharmaceutical companies, government entities, hospitals, or private health centers, nor advertising. At least 2% of the declared net annual profits resulting from the contracting of the web and application services will be allocated to non-profit entities.
2. Conditions of use
2.1- General
The User is obliged to make correct use of the Web and Applications in accordance with the Law and these Conditions. The User will be liable to The Controller and/or third parties for any damages that may be caused as a consequence of the breach of said obligation.
Fraudulent use of the Consultation is expressly prohibited, including providing false information or information of third parties that may lead to an incorrect diagnosis and therefore erroneous medical recommendations, except in the case of arranging medical consultations for minors where the parent or guardian may provide patient information. The User is solely responsible for damages caused both to the person regarding whom the medical consultation has been arranged and for the responsibilities and/or direct or indirect damages to medical professionals.
Use of the Web and the Application for purposes different from those established here or that in any way disable, block, or saturate the networks, servers, and other equipment, products, and computer applications of The Web, the Application, or third parties is expressly prohibited.
It is prohibited to use the contents of the web to promote, contract, or disseminate advertising or information of one’s own or third parties without the authorization of The Controller, or to send advertising or information using the services or information made available to users, regardless of whether the use is free or not.
The user assumes responsibility for the correct use of the Web, including custody, confidentiality, and not facilitating the use of their own user code and access password to third parties. This responsibility extends to the veracity and legality of the information provided by the User in the forms made available by The Controller for access to certain contents or services offered by the Web and related Applications. Users guarantee and respond, in any case, for the accuracy, validity, and authenticity of the personal data provided, and commit to keeping them duly updated. The user agrees to provide complete and correct information in the contact or subscription form. They will also be responsible for the use of access keys obtained by completing said forms. Breach by the User of any of the obligations established in these conditions entitles The Controller by right to prohibit or deny said user access to the Web, the Application, and Services.
2.2.- Contents
The User commits not to reproduce, copy, distribute, transform, or modify The Web or Application except in cases authorized by law or expressly consented to by The Controller, including Software or databases.
The contents of the Web and related Applications including software and source code are the intellectual property of The Controller or third parties. These Conditions do not imply an assignment to the User of copyrights or economic exploitation rights over them.
Any other use involving the copy, reproduction, distribution, transformation, public communication, or any other similar action, of all or part of the contents of the web, is reserved exclusively to The Controller, so no user may carry out these actions without the prior written authorization of The Controller.
The Controller informs the User that the following actions are prohibited: (i) extracting all or part of the source code, including decompilation through reverse engineering, for purposes such as: translation; derived versions or others affecting the development and exploitation of the application; (ii) use of contents, including own or associated trademarks, for illicit purposes or for commercial purposes, and (iii) the collection of personal or professional information to which they may have access.
It is expressly prohibited to remove, circumvent, or manipulate any identification data of the rights of the entities incorporated into the contents, as well as technical protection devices or any information and/or identification mechanisms incorporated therein.
2.3.- Communication Channels and Third-Party Platforms (WhatsApp / Meta)
The Web and Applications facilitate professional contact through third-party instant messaging and videoconferencing tools, specifically WhatsApp and WhatsApp Business.
The User expressly acknowledges and accepts that:
- Voluntariness: The use of WhatsApp is a free choice of the User for reasons of agility and convenience. The Controller offers alternative communication channels that do not imply international data transfers (such as encrypted email or European platforms), so the User is not obliged to use this channel.
- Acceptance of Third-Party Terms: By initiating or continuing a communication through this channel, the User accepts being bound by the Terms of Service and Privacy Policy of WhatsApp Ireland Limited and Meta Platforms, Inc., which are outside the control of The Controller.
- Exemption from Liability: The Controller (Dr. Tito Rodríguez Bouza) shall not be liable for security breaches, service interruptions, interception of communications, or unauthorized access occurring within Meta’s technological infrastructure, nor for those derived from the lack of custody, locking, or security of the User’s own mobile device.
- Appropriate Use: The User is recommended not to share complete medical reports or images of highly sensitive content via text chat. Such documents should preferably be sent by email or through the patient management platform.
The Web and Applications may include links to videoconferencing tools to communicate the User with the Controller and/or doctor to whom the consultation will be made. The Controller may also communicate to the User via email or other means links to applications as videoconferencing tools. Such tools will be governed by their own terms and conditions and the User will be subject to the terms and conditions of the corresponding license regarding the use of said software. The Controller will be responsible for choosing videoconferencing tools that ensure the privacy of the videoconference with an adequate level of security. Specifically, you accept the use of the applications Whatsapp /Whatsapp Business, Microsoft Teams, or Zoom to perform the videoconference. Other conference methods will require an agreement between the parties that must be recorded in writing by email (pacientes@drtitorodriguezbouza.com, drtitorodriguezbouza@gmail.com) or by Whatsapp /Whatsapp Business.
2.4.- Written Consultation
The Web and Applications may include links to contact tools such as email or communication applications via smartphones to communicate the User with the Controller and/or doctor to whom the consultation will be made. Such tools will be governed by their own terms and conditions and the User will be subject to the terms and conditions of the corresponding license regarding the use of said software. The Controller will be responsible for choosing videoconferencing tools that ensure the privacy of the written consultation. The User is responsible for safeguarding the necessary security to prevent third parties from accessing the medical information of the consultation. Specifically, you accept the use of the applications Whatsapp /Whatsapp Business, Microsoft Teams, or Zoom to perform the videoconference. Other conference methods will require an agreement between the parties that must be recorded in writing by email (pacientes@drtitorodriguezbouza.com, drtitorodriguezbouza@gmail.com) or by Whatsapp /Whatsapp Business.
3. Security Measures:
Personal data provided by the User will be stored in automated databases with passwords to which only the person responsible for The Web and The Application as well as the person responsible for their maintenance will have access. Medical data will be stored in automated databases with passwords to which only the doctor responsible for the medical consultation will have access. The Controller and the doctor performing the consultation will assume the technical, organizational, and security measures that guarantee the confidentiality, integrity, and quality of the information contained therein in accordance with current regulations regarding personal data protection.
4. Exclusion of liability
Both access to the Web and Application and the non-consensual use that may be made of the information contained therein is the exclusive responsibility of the person performing it. The Controller shall not be liable for any consequence, damage, or harm that may derive from said access or use. The Controller is not responsible for security errors that may occur nor for damages that may be caused to the user’s computer system (hardware and software), or to the files or documents stored therein. The Controller shall not be liable for viruses or other computer programs that deteriorate or may deteriorate the computer systems or equipment of users when accessing their web or other webs accessed through links on this web.
The Controller as well as its partners, collaborators, employees, and representatives are not responsible for errors or omissions that the contents of this website or other contents accessible through it may suffer. The Controller, its partners, collaborators, employees, and representatives may also not be held responsible for any damages derived from the use of this website, nor for any action taken based on the information provided therein.
The Controller is not responsible for the user’s lack of comprehension or understanding of the language of the web, nor for its consequences. Access to the Web and related Applications does not imply the obligation on the part of The Controller to verify the veracity, accuracy, adequacy, suitability, completeness, and timeliness of the information supplied through it.
The Controller is not responsible for decisions taken based on the information supplied on the Web, the Application, nor for damages produced in the User or third parties due to actions taken as a consequence of the information supplied therein.
Access to the Web does not imply the obligation on the part of The Controller to control the absence of viruses, malware, or any other program that may affect the operation of the tools. The Controller is not responsible for damages produced in the computer equipment of Users or third parties during the use of the Web or related Applications.
To the maximum extent permitted by law, the Controller makes no representation nor provides any warranty (either explicit or implicit) regarding the Web being appropriate for a specific purpose, being compatible with the facilities from which the Web is accessed, nor regarding it being of satisfactory quality.
Access to the Web is permitted on a temporary basis, The Controller reserving the right to withdraw or modify the Service provided on the Web without prior notice. The Controller shall not be liable in case, for any cause, the Web is not available at any time or during any period of time.
It is the User’s responsibility to prepare the necessary computer tools to be able to access the Web.
The web includes contents accessed through links that refer the User to other Internet pages and portals (hereinafter, “Links”). In these events, The Controller acts as an intermediation service provider in accordance with Article 17 of Law 34/2002, of 12 July, on Information Society Services and Electronic Commerce (‘LSSI’) and will only be responsible for the contents and services supplied in the Links to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. The Controller is not responsible for damages produced by the illegality, obsolescence, or error of the contents of the Links nor for any other damage not directly attributable to The Controller. The Controller takes responsibility for the contents or services that the user may access through these links.
5. Payments
The User, when contracting with the Doctor, contracts directly with him and not with the web or the application. The User accepts and acknowledges that the breach of any term, circumstance, or condition imposed by the Doctor may lead to the cancellation of the provision of the Doctor’s service, as well as the loss of the amounts paid.
For paid services, the following payment methods will be accepted: Bank transfer, credit card, cryptocurrencies. The User may request receipts and invoices which will be delivered to email in PDF format.
For payments by bank transfer, a receipt of payment will be accepted either via PDF or a copy of the transfer screen sent to drtitorodriguezbouza@gmail.com or Whatsapp +34 686998990. In case any amount remains pending payment for a period exceeding fourteen (14) days, access to the Web or App will be temporarily suspended for the User and it will be communicated to the relevant police authorities. The Controller reserves the right to charge interest, at an annual interest rate equal to the Bank of Spain’s base rate increased by 4%, on all amounts pending payment for a period exceeding thirty (30) days, counted from the issuance of the invoice.
The User has the right to contact the Controller via email drtitorodriguezbouza@gmail.com for any doubt about a pending payment, being answered in a period of less than 30 days. In any case, if it is detected by the Controller that a payment has been received by mistake, it will proceed to reimburse the same immediately in the form in which the payment was made.
Once payment has been made for the consultation reservation, Article 103.a) of the LGDCU (RDL 1/2007, of 16 November) applies, by virtue of which, with the contracting and payment of the reservation, it will be understood that it has been completely executed. Based on this, the patient expressly consents and is aware that once the contract has been fully executed, they will have lost their right of withdrawal regarding it, without the possibility of reimbursement of the price. However, in the event that the patient does not make use of the service after payment, they may reuse it within the 60 days following the date of the unused appointment or treatment. In any case, voluntarily and only in cases considered appropriate according to their own criteria, the Controller may proceed to the reimbursement of the payment or the extension of said period.
5.1.- Purchases through iTunes, Google Play:
Only possible through the use of the Google Play web application “Allergy Doctor”
5.2.- Purchases through bank transfer:
Payment by bank transfer will be accepted with the following details:
Bank: TRIODOS
User: Tito Rodríguez Bouza
IBAN: ES4014910001232026984522
Concept: Allergy Consultation
The User must deliver a copy in electronic format of the proof of payment to the email patients@drtitorodriguezbouza.com, a photograph of the payment being valid.
5.3.- Purchases through Cryptocurrencies:
5.3.1.- Payment using own funds in cryptocurrency: Payment in Bitcoin, Ethereum, Ripple, Stellar, Tether will be accepted. For other currencies, prior permission from the Controller must be obtained. Exchange rates will be obtained from the website https://coinmarketcap.com/ or, if said website is not available, from a website that The Controller communicates by email to the User. Receipts and invoices will be delivered in Euros indicating the amount of cryptocurrencies. “In the specific case of payments made via cryptocurrencies, any reimbursement (whether due to withdrawal, error, or cancellation) will be made taking as reference the value in EUROS of the service at the time of contracting. The reimbursement may be made, at the discretion of the Controller, via bank transfer in Euros or in the original cryptocurrency, but always adjusting the amount to the Euro value of the original invoice, exempting both parties from crypto market value fluctuations.”
5.3.2.- Payment by credit card: Registration and acceptance of the legal conditions and privacy policy on the website https://www.dynamicblockchain.net/ with which the Controller accepts having a commercial relationship will proceed. Once this is done, the option to make a payment by credit or debit card will be given, with https://www.dynamicblockchain.net/ being in charge of delivering the funds to the Controller. The wallet 3GuoPjJJgXrKJhK9eZMGeg8r9XK63o1e8F must be introduced.
6. Personal data protection:
The use of this Website is governed by the provisions of our Privacy and Cookies Policy, which is incorporated into these Terms and Conditions.
7.- Others:
7.1.- Previous Terms and Conditions:
In case of any conflict between these Terms and Conditions and any previous version thereof, and unless otherwise indicated, the provisions of these Terms and Conditions shall prevail.
7.2.- Notifications:
All notifications and communications addressed to the Controller will be made by email addressed to pacientes@drtitorodriguezbouza.com or by ordinary mail to Calle Hermosilla 48 1D, 28001, Madrid. These notifications shall be deemed received once three (3) days have elapsed since their dispatch by ordinary mail or on the same day of their sending when the email message is received in full on a working day, and on the following working day when it had been sent on a weekend or on an officially non-working day.
7.3.- Force Majeure:
Any possible delay or failure of execution by The Controller of these Conditions shall not be considered a breach and shall be excused to the extent that it had been caused by any event beyond the reasonable control of The Controller including, without limitation, fortuitous events, power cuts, natural disasters, airspace closures and restrictions by Public Authority, adverse or bad weather conditions, strikes, public order disturbances or threats of disturbances thereof, and war or threat of war.
7.4.- Modification of these Conditions
The Controller reserves the right to occasionally introduce modifications to these Conditions when deemed convenient, or as may be required by law. Modifications will be published immediately on the Web or in the Application and it will be understood that the User has accepted the conditions thus modified at the moment they use the Web and/or Application for the first time after the corresponding modification. In the event that substantive changes are introduced to these Conditions, The Controller will make reasonable efforts to inform of the changes introduced, although it is the User’s responsibility to periodically verify the existence of updates to these Conditions. Each version of these Terms and Conditions will have an effective date from which they will take effect and which appears in the heading of the Conditions. Unless otherwise indicated, the Conditions currently in force apply to the use that the User makes of both the Web and the Application.
7.5.- Use of “cookie” technology
The Website may use cookies or similar technologies that will be governed by the provisions of the Cookies Policy, accessible at all times and respecting the confidentiality and privacy of the user, being an integral part of this Legal Notice.
7.6.- Jurisdiction and Applicable Law:
Litigious issues that may derive from the application, compliance, breach, or interpretation of these Conditions, as well as the relationship between the User and The Controller, shall be governed in accordance with Spanish legislation. Both The Controller and the users, expressly waiving any other jurisdiction that might correspond to them, agree to expressly submit to the exclusive jurisdiction of the Courts and Tribunals of the city of Madrid. In the event that the user has their domicile outside of Spain, The Controller and the user submit, expressly waiving any other jurisdiction, to the courts and tribunals of the City of Madrid.
8.- Claims:
A complaint form (“hoja de reclamaciones”) may be requested at any of the Representative’s contact details. Additionally to said complaint form, we will provide you with links to make such a claim online.
