Terms and conditions

Privacy Policy

License

ThermoHuman


Identity of the controller

Name: PEMA THERMO GROUP SL (en lo sucesivo ThermoHuman)

CIF/NIF: B86169901

Address: Calle Corregidor Señor de la Elipa 1 9A, 28030 Madrid

Email: info@thermohuman.com

URL: http://www.thermohuman.com/

Commercial register: TOMO 28993 FOLIO 134 SECCIÓN 8 HOJA M-522075 inscripción  1.

Description of the platform

The ThermoHuman platform is a cloud software that analyses thermographic information from photos taken of the human body. Thermal data are obtained by automatic segmentation of body areas through an artificial vision algorithm that adapts to the contour of the subject, allowing the client to extract and manage metrics in the form of avatars, graphs and tables for a better decision making in professionals in the fields of sport, health and medicine.

The ThermoHuman manager allows you to centralize all data on a fully flexible cloud platform for the client, who will be able to access your data without the need to install any software on their computer. In this way the client will have recorded and centralized all the data regarding thermography in relation to their individuals (athletes, subjects or, in their case, patients are considered individuals).

ThermoHuman is not responsible for the medical diagnosis or prescription that the professional (client) provides to his patient by the results obtained by the platform. The platform is a help to the professional, so in no case will ThermoHuman be able to interfere with the proper decision that the healthcare professional can make.

Customers who hire the ThermoHuman platform will be able to register different users who will be the people with access to the platform, and who will usually be employees of the client who contracts the platform. The current Use Conditions, Privacy Policy and License of the platform are mandatory for all clients who hire it and registered users.

Terms and conditions of use

These conditions regulate the access, navigation and use of the platform, in respect of which ThermoHuman, has sufficient rights to allow its use in accordance with the provisions of this document and with the provisions of the license of use of the platform that you can consult in this document.

If you wish to contact ThermoHuman you can do so by sending an email to info@thermohuman.com.

Access to and use of the platform, attribute to you the status of User, which implies adherence to these Terms of Use in the published version at the time it is accessed. If you do not agree with them, you should refrain from accessing or using the services provided through the platform.

Access to the platform by web browsing will require the registration of the user. When you register on the platform, you will be sent an automatic email with your user and password along with a link to the general conditions.

These Use Conditions of the platform are governed by the principles of legality and good faith, the User agreeing to use the platform, as well as the information or services provided under the Law, morality, morality and public order.  The unauthorised use of the information contained in this platform, its resale and the transfer of rights of third parties shall give rise to legally established liabilities.

ThermoHuman reserves the right to modify, at any time and without prior notice, the presentation and configuration of the platform, as well as the Terms of use of the same. ThermoHuman therefore recommends that users read these General Conditions carefully each time they access the platform.

The services offered through the platform, through registration, are reserved to ThermoHuman clients who will be able to sign up users for the management of the platform.

ThermoHuman undertakes to process and process all data of users and potential individuals that the user registers on the platform in accordance with its privacy policy.

The user undertakes to provide truthful, accurate and complete data, as well as to update all the data provided so that they remain truthful, accurate and complete, both their own and those of the patients.

The process of incorporating your data and password is considered a formalisation of a legally binding contract between ThermoHuman and the user, in accordance with the terms of these Use Conditions.

The user acknowledges that he has read and understood the terms of these Terms of Use and agrees to comply with all its provisions.

Registered Users

All services offered through the platform are reserved for registered users. The user who wishes to register on the platform must send his personal data, and ThermoHuman will send you via email your user and password individualized.

It is understood that the user accepts the general conditions of use after registration. ThermoHuman will proceed to store the "logs" of all users, with the aim of obtaining a firm proof that the user has accepted the general terms and conditions of our platform.

Once the registration has been completed, the user will be responsible for his username and password, committing the user to take care of them and to use them diligently, as well as to immediately communicate any facts to ThermoHuman, such as theft, loss, or unauthorised access, which allows the misuse of the same, in order to proceed to their immediate cancellation. ThermoHuman shall not be liable for consequences arising from the misuse of access keys.

The passwords of each user are personal and not transferable and should not be used by third parties, not allowing others to use them under the risk of identity theft.

There is the possibility that the same client may have several users and log in, so all of them must benefit from the corresponding contract of license of use as well as accept the present general conditions.

Data information and content provided by users

ThermoHuman is a controller for the data of the analysed persons that the clients are incorporating in the data sheets created for this purpose, as well as photographs and thermograms stored in ThermoHuman systems.

It is the customer (doctor, clinician, sports team…) who must ask the people whom he analyses using the tool for informed consent. Such consent may be stored on ThermoHuman systems in the customer’s file.

The personal data of the analysed person will be processed by the client for the purpose of carrying out a study through the thermography technique through Thermohuman, the legitimizing base for processing the data of the person analysed for that purpose is the consent. The person analysed will be duly informed by the client that his data will be processed and stored in the system ThermoHuman responsibility of PEMA THERMO GROUP, S.L., who acts as the controller of this data.

The analysed person will also be informed by the client that ThermoHuman will be able to make statistical use of their data. Their identifying data shall in no case be communicated to third parties, using only for statistical purposes and studies in relation to the data resulting from the thermographic study. The use of the data for these purposes shall always be carried out anonymously.

The customer will be solely responsible for the content, images and/or personal data including health, individual consent if required under the privacy legislation.

Use of the information and materials by users

Similarly, the client, through its users, recognizes and accepts that all information and/or content accessed through the platform is for its sole and exclusive personal use.

The transfer to third parties, by any means or in any form, of all or part of the information and/or content to which each user may have access through the platform shall be prohibited.

Privacy Policy

The only personal data ThermoHuman will have access to will be those that the user voluntarily provides through the ThermoHuman platform, either by filling out cards or forms through which the user stores images and thermograms.

In compliance with the regulations in force, ThermoHuman has taken the necessary technical and organizational measures to maintain the level of security required in the light of the personal data processed. It also has the necessary mechanisms at its disposal to prevent unauthorized access as far as possible.

The personal data provided, corresponding to the users, are processed by ThermoHuman in compliance with the contractual relationship maintained with the user. In addition, data relating to customers and users, may be used to send information related to new promotions and events to the email addresses provided or by sending notifications through the platform. This relationship of controller is regulated in the present conditions of use, privacy policy and license.

Any user can access the company’s information in the privacy policy of the website https://thermohuman.com/privacy-policy.

The legitimate base for processing is compliance with the contractual relationship, the legitimate interest in sending information and consent.

The data will be stored as long as the user does not exercise the right of opposition or deletion of the data and as long as the contractual relationship is maintained. In addition, the data may be maintained as long as legal liability could be derived from ThermoHuman.

ThermoHuman does not communicate its data to third parties and maintains absolute confidentiality with respect to information concerning users. ThermoHuman shall only communicate the data to third parties if such disclosure is necessary for the provision of the services, as well as to the authorities and administrations in compliance with their legal obligations.

Any user has the rights of access, rectification, suppression, opposition, limitation of treatment and portability that they can exercise by physical mail to ThermoHuman Calle Corregidor Señor de la Elipa 1 9A, 28030 Madrid, or by email to info@thermohuman.com. In addition, the user can contact the Data Protection Delegate at dpd@thermohuman.com. You can also contact the Spanish Data Protection Agency if you deem it necessary.

The User undertakes to keep the data provided to the File Manager properly updated. The holder shall be liable for damages that ThermoHuman or third parties may suffer as a result of the lack of veracity, inaccuracy, lack of validity and authenticity of the data provided.

Intellectual Property Rights

ThermoHuman has intellectual and industrial property rights over the brands, images, texts, designs, animations, programming and design of the web or any other content or elements of the platform, necessary for their use. Any act of reproduction, distribution, public communication, making available, or transformation, as well as any other form of exploitation of all or part of such contents or elements, carried out in any form or by any means, it shall require the prior written consent of ThermoHuman or, where appropriate, of its owner.

In addition, all distinctive signs appearing on the platform or owned or licensed by ThermoHuman are duly registered, reproduction or distribution is prohibited by any means, without the proper, prior and express authorization of the holder.

Access to and navigation of the platform shall in no case be understood as a renunciation, transmission, licence or total or partial transfer of the aforementioned rights by ThermoHuman or, where applicable, the holder of the rights to which they relate.

Information from third parties

ThermoHuman may include hyperlinks on this platform to other websites or resources managed by third parties other than ThermoHuman, including advertisers. ThermoHuman has not reviewed all websites linked to this platform and is not responsible for the content or veracity of these external websites or for the availability of such websites or external resources; and does not directly or indirectly approve or take responsibility for the privacy practices or content of these websites, including (without restrictions) any advertising, product or other materials or services of the website or available on such websites or resources, or for damage, loss or infringements caused, or allegedly caused, by use, or in connection with the use or dependent on such content, goods or services available on such websites or external resources.

Exemption from Liability

The user must inform the analyzed person who will be subjected to the study by thermography of the characteristics of this study, indicating the risks, advantages and benefits of this procedure. The user may use the informed consent model at his disposal, and ThermoHuman is not responsible for the user proceeding to obtain the informed consent.

Thermohuman is exonerated from any liability arising from its failure to obtain the corresponding consent of the person analysed for the processing of its data under study. Thermohuman acts as a controller, not being responsible for the personal data of the persons analysed, which are collected by the users.

Thermohuman shall also not be liable for the user’s interpretation of the results obtained through the infrared thermography software, the professional who has made the report of each patient is fully responsible.

The data subject may obtain further information on the processing of the data and on the confidentiality of the data in the privacy policy in https://thermohuman.com/privacy-policy. In the same vein, the person analysed has been informed by the user that ThermoHuman will be able to make statistical use of their data and that their identifying data will in no case be communicated to third parties, making use only for statistical purposes and studies in relation to the data resulting from the thermographic study and always anonymously.

ThermoHuman has taken the necessary steps to ensure the proper functioning of the platform. However, ThermoHuman will not be responsible for the lack of availability of the platform at any given time, either for technical reasons, maintenance tasks of the system, interferences, interruptions of Internet service providers or for any other reason or failure to access, operate and operate the platform or its services, as well as interruptions, suspensions or malfunctioning of the same by causes outside ThermoHuman.

ThermoHuman does not guarantee that the content of the platform is up to date, complete and accurate or that the content does not contain defects, errors and/or viruses. In no case shall ThermoHuman be liable for the production of any kind of damage that Users may cause to third parties through the use of the platform.

In no case shall ThermoHuman be liable for any direct or indirect damage, which may be caused as a result of the use of the platform, by way of illustration, but not by limitation, of the violation of the rights of third parties, damage resulting from loss of profits, or damage caused by loss of data or malfunction.

ThermoHuman is not responsible for the veracity of the information provided by users, nor for the effectiveness, quality and use of such users, either during the use of the platform, such as after the user ceases use or deletes.

ThermoHuman is not responsible for the contributions, opinions, judgments, comments, images, or content provided by users, through any of the mechanisms made available, that violate the regulations in force and/or injure the rights of other users or third parties, nor does it necessarily share the opinions and contents provided. The legal liability shall be borne by the user who carries out the infringement.

Processing of data as a processor

ThermoHuman is considered processor for the processing of personal data by the client, that is to say the persons analysed, both of the images of persons who could be identifiable, as well as data relating to the persons the user incorporates into the patient files.

In this regard, ThermoHuman is committed to:

  1. Use the personal data subject to processing, access or display, or those that you need to collect, only for the purpose of the order.
  2. Treat the data according to the customer’s instructions.
  3. Maintain a record of activities.
  4. Maintain the duty of secrecy with respect to all information, including personal data, to which you have had access under the order, even after the termination of the Contract
  5. Ensure that persons authorized to process personal data undertake to respect confidentiality and to comply with relevant security measures.
  6. Ensure the necessary training in the protection of personal data of persons authorized to process personal data.
  7. Communicate to the user any requests for rights of access, rectification, suppression, opposition, limitation of the processing and portability of data that the data holders could exercise against ThermoHuman.
  8. Notify the customer, without undue delay and through the email address or addresses indicated by the customer, security breaches of which you are aware and which may affect the personal data of the customer.

ThermoHuman shall not communicate or allow access to personal data by the customer to third parties, except in legally admissible cases or when you need to outsource the provision of services to third parties in order to comply with the contractual relationship with the customer. In such a case ThermoHuman shall sign the corresponding contract of controller with the assistant processor, which shall cover the same conditions as this document.

Once the provision of the services motivating the access, processing or display by ThermoHuman to the data of a personal nature is completed, the user’s responsibility and, in any case, the termination of the contractual relationship, for any reason, ThermoHuman will destroy or return the data to the customer. ThermoHuman may, however, retain a copy, with the data duly blocked, as long as responsibility for the performance of the benefit may arise, for the sole purpose of legal defence, internal audit and for the purpose of fulfilling their statutory obligations. In the same vein, ThermoHuman will be able to maintain the NOT IDENTIFICANT data of the analyzed persons, for statistical purposes and for the preparation of studies, with the prior anonymization of the data.

  1.  Maintain the technical, operational and organizational security measures necessary to ensure the confidentiality, integrity, availability and permanent resilience of treatment systems and services. ThermoHuman shall maintain sufficient security measures to comply with the provisions of art. 32 of Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data ("Regulation")as well as the Organic Law on Data Protection and Digital Rights Guarantee (LOPDGDD) 3/2018.
  2. Comply with all obligations laid down in the Regulation and in the LOPDGDD.

Applicable Law and Jurisdiction

These Use Conditions are governed by Spanish law. In order to deal with any dispute or dispute, the courts of Madrid shall have jurisdiction, with the express waiver of any other jurisdiction by the parties, except in their final consumer forum.

License of the platform

This license agreement is a contract between you (hereinafter a licensee) and PEMA THERMO GROUP, S.L. (hereinafter referred to as ThermoHuman), applicable to the use of the platform.

Identification of the parties

On the one hand, PEMA THERMO GROUP S.L. company incorporated under Spanish law, with registered office at Calle Corregidor Señor de la Elipa 1 9A (28030 Madrid), with CIF B-86169901 and entered in the Commercial Register of Madrid volume 28993 Page 134 Section 8 Sheet M-522075 registration 1 and holder of the rights of exploitation on the platform necessary to allow the use of the same under the conditions foreseen here.

On the other hand, the LICENCIATARY, either as a guest or as a registered user, whose data are those that have been recorded by him. In the case of a registered user, all the data has been entered directly by him, so the responsibility for the authenticity of the data corresponds, directly and exclusively, to the LICENCIATARY.

Licensing

ThermoHuman hereby grants the licensee an exclusive, untransferable and limited licence for the use of the platform, for the entire duration of intellectual property rights in the intellectual property rights and in accordance with the terms and conditions of this License.

El Licenciatario podrá usar la plataforma en tantos dispositivos como estime conveniente.

The licensee may use the platform on as many devices as he deems appropriate.

This License does not grant any rights to future versions, updates or platform plugins. However, where updates, new versions or complements to the platform are obtained, the use of such new versions or updates shall be governed by this contract and any amendments thereto, unless there are other conditions for new versions, updates or supplements, in which case those conditions shall apply.

Intellectual Property

All intellectual property rights on the platform, including software, images, texts, drawings, as well as any other product or work that may include, are the exclusive property of ThermoHuman or, where applicable, from its suppliers that have authorised ThermoHuman to operate, as recognized by the licensee. In the same way any user who incorporates content to the platform transfers the rights of distribution, transformation and public communication, without exclusive to ThermoHuman without time or territorial limit and free of charge.

This Agreement does not grant the licensee any rights over the platform, beyond the right to use it, which may be revoked in accordance with these provisions.

The licensee shall use the platform as any other copyrighted product, but may back it up to the extent necessary for its use, provided that the copy includes the notice of ownership of ThermoHuman and, where applicable, of its suppliers.

The loss, for any reason, of the platform or the backup, shall not entitle the licensee to claim restitution or any other compensation.

In the event that the licensee violates existing intellectual and industrial property laws, ThermoHuman may take any action it deems appropriate in defence of its interests and the interests of its suppliers and suppliers, in particular the licensor of the platform.

In no case shall ThermoHuman be liable for the violation of the rights of third parties if it occurs as a result of the use of the platform by the licensee contrary to ThermoHuman’s stipulations or instructions.

Restrictions

Any reproduction, total or partial, including for personal use, of the platform, by any means and in any form, permanent or temporary, shall be prohibited, it is not necessary for the licensee to use it under this Agreement.

Similarly, the translation, adaptation, arrangement or any other transformation of the platform or any of its components, and/or copies thereof, is prohibited. In particular, the licensee may not modify and/or manipulate all or part of the software making up the platform, or use all or part of the platform to create its own products, successive versions and/or any other work derived from the platform, or licensing, sub-licensing, or transferring in any way, in an exemplary but not limited way, by sale, rent, loan or through any other means of distribution, all or part of the platform, without the express written consent of ThermoHuman.

Under no circumstances may the licensee reverse engineer, decompile, disassemble or translate into any form the software or any other component of the platform, unless authorized by the applicable legislation and subject to the limitations provided for therein.

Operating system.

The platform is designed and prepared to work on both computers and mobile devices using a web browser.

The technical needs for its operation are:

- Chrome browser, Firefox or Safari installed and updated

- Internet connection, either via Wi-Fi (wireless network) or with a data plan

- At least 4 GB of RAM memory.

ThermoHuman is not responsible for the malfunction of the platform if it is not complied with and/or if the required configuration is partially or completely changed.

Warranty and liability

ThermoHuman ensures that the platform meets the functionalities required for platform management, however, ThermoHuman does not guarantee that the platform is free of errors or will operate without interruptions.

The licensee shall be solely responsible for the content and/or data that incorporates, sends and uses, and ensures that it possesses the necessary consents, rights, and permissions of use necessary to incorporate, send and/or use such content and/or data through the platform.

In no case shall ThermoHuman be liable for any injury, whether direct or indirect, which may be caused as a result of the use of the platform, as an illustration, but not as a limitation, of the violation of the rights of third parties, damage resulting from loss of profits, or damage caused by loss of data or malfunction.

The licensee shall keep ThermoHuman free from any liability that may arise from third party claims of infringement of rights that may result from its use.

ThermoHuman shall not be liable for operating errors or damage caused by any user’s failure to fulfil his obligations, as they are: backing up the data files generated with their continued use, the correct execution of the platform and the device, the good condition of the device, the control of access to the platform in order to prevent its manipulation by unauthorised or inexperienced persons, the prevention of viruses and defective programmes, as well as any other preventive measures of reasonable application.

ThermoHuman is not responsible for any deficiencies that may cause damage to the proper functioning of the platform, nor will it be bound by commitments or promises made by outsiders, or for missexpectations regarding the functionality of the programme.

Duration

This License shall be effective from the moment the licensee completes the platform execution process.

ThermoHuman reserves the right to terminate this Agreement in the event that the licensee fails to comply with any of the terms contained therein, in an exemplary but not limiting manner, fraudulent or incorrect use of the platform; in which case the licensee undertakes to delete all copies of the platform and any relevant documentation in its possession, and without any right being generated in favour of the licensee.

Jurisdiction and applicable Law

This Agreement shall be governed by the laws of Spain and applicable European standards.

If any provision of this licence is contrary to the law, it shall be deemed null and void without affecting or nullifying the entire licence.

In the event that doubts and/or differences arise as to their interpretation and/or effects, the parties agree to settle any discrepancy or conflict before the Courts of the City of Madrid, The parties expressly waive any other jurisdiction which may apply to them, except where, as a consumer, they are entitled to another forum.

The absence of a claim by any party to enforce any of the rights granted here or the failure to bring an action against the other party in the event of any breach of the provisions of this Regulation, shall not constitute a waiver by that party in relation to a future claim to enforce rights or to bring actions in the event of future breaches.


Terms and conditions, Privacy policy and License of ThermoHuman