Terms and Conditions of the App

In compliance with the general information obligation of article 10 of Spanish Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, we inform you that NOOTRIC S.L, registered in the Barcelona Mercantile Registry at Volume 45190, Folio 52, Entry 1, Sheet 479758, with VAT number B66690280 and registered office at C/Mossen J. Verdaguer 6-8 S 3a 08940 - Cornellà de Llobregat (Barcelona), is responsible for the Application. If you wish to contact us, you can do so via email at asistencia@nootric.com.

Access to the APPLICATION implies that the user acknowledges having accepted and consented without reservation to each and every one of the provisions included in all the terms of this document.

When placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

NOOTRIC S.L reserves the right to modify these Terms of Use in order to adapt them to the current applicable legislation at any time, as well as to make changes and updates that will be published in the Application and will be effective from the moment of their publication. In case you do not agree with the updates to the Terms of Use, you may opt out by ceasing to use the Service.

Accessing and downloading the application is free, except for the cost of the connection through the telecommunications network provided by the access provider contracted by the users.

By using the Application, the User declares to be over 14 years of age. Likewise, NOOTRIC S.L reserves the right to request additional documentation from the User in order to prove that they are older than said age to be able to provide them with the requested service. Under suspicion that a user of the services is under 14 years of age, and that they have falsified the data required for the provision of the service, NOOTRIC S.L may deny said user access to the offered Services. In any case, the parents and/or legal guardians of minors under 14 years of age must ensure compliance with this provision, being responsible for their actions. For the provision of services to minors under 14 years of age, the authorization of their legal guardian(s) will be required, which must be accredited by complementary documentation.

The Application automatically collects the following information about your computer device:

Identity:

Approximate location (network-based) precise location (network and GPS-based)

Camera and photos: To add photographs for meal registration.

Others:

Interaction activity to perform statistical trend studies and product prescription. Activity regarding received leads, interactions, request status, etc., to have usage statistics aimed at improving the application's features.

Full network access,

Information about Wi-Fi connection,

Vibration control to be able to notify communications,

Prevent the device from entering sleep mode at key moments,

In-app purchases to access premium App services.

To be able to use the Mobile Application, the User must have a compatible phone or mobile device, with internet connection and that meets the minimum specifications ('Software Requirements').

The software version of the Application may undergo periodic updates to add compatibility with new features and services.

The software requirements are as follows: Devices with Android operating systems 5.0 and higher; devices with iOS operating systems 13 and higher.

NOOTRIC S.L will make every reasonable effort to ensure that the application is available at all times.

However, the User agrees that the delivery of the application takes place via the internet and mobile networks and that, consequently, the quality and availability of the application may be affected by factors beyond the control of the Application's responsible party.

To access and use the Application, it is necessary to register as a User, without prejudice to the fact that for the use of certain services or contents thereof, subscription must be made. To access the Private Area, the USER must 'Log In' and include the email address and password generated in the registration form according to the complexity rules established at all times on the website. Users are responsible for the proper custody and confidentiality of any identifiers and/or passwords they have selected in the registration, and undertake not to transfer their use to third parties, nor allow access to them by third parties. Likewise, it will be the user's obligation to immediately notify the Responsible Party of any event that allows the misuse of the identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed with their immediate cancellation.

NOOTRIC S.L is particularly sensitive to the protection of the data of users who access the Application, guaranteeing their privacy and the privacy of all interested parties in accordance with the legal requirements stipulated in current legislation.

When you create an account, NOOTRIC S.L, you will fill out a questionnaire in which we collect personal information, as well as data about your health, including illnesses, medication, and allergies, weight, height, etc., as well as your profile picture. This information is necessary for the provision of the service; if you do not provide us with this information, we will not be able to provide the service.

NOOTRIC S.L may also collect and generate information automatically from other areas of use, such as service metadata, login data, device information, IP addresses, third-party data, and information obtained from cookies.

In compliance with Regulation (EU) 2016/679, of April 27, 2016, and Organic Law 3/2018 of December 5, through this document NOOTRIC S.L as the Data Controller informs that they will process the data provided by the user through the Application form for the following purposes:

Manage registration as registered users in the application with the aim of providing and maintaining their services,

Resolve issues and doubts raised by users through the mobile application,

Periodically send (via email, postal mail, and/or SMS) electronic communications with offers, promotions, and news related to our application, provided that the checkbox enabled for this purpose is checked and the user does not revoke their consent.

Contact the user to participate in quality surveys in order to improve the service. Communicate with the user by email or within the framework of matters related to the Service. Carry out anonymous statistical reports regarding the access habits and activities carried out by users on the Web.

Manage the payment transaction and shipment of purchased items.

When we collect exact location data prior to obtaining your consent, we process this data based on your prior consent.

The legal basis for the processing of data for the management of the contracting of products or services through the application, billing, and corresponding shipments, is based on the contractual relationship of the provision of the service. For sending commercial communications, it will be the consent provided by the user by checking the box enabled for this purpose.

The data will be processed for as long as necessary to maintain the purpose of the processing unless the data subject has revoked their consent. Subsequently, they will be kept blocked to comply with the legally established deadlines, adopting the technical and organizational measures to prevent their processing, including their visualization, and being solely available to judges, courts, the public prosecutor's office, or public administrations, in order to address legal responsibilities. After the required legal period has elapsed, they will be definitively destroyed.

In the event that the Nootric service is contracted through an external entity associated with Nootric, Nootric may transfer personal data, in order to manage collections with said entity, process claims, and comply with legal and regulatory obligations. These data transfers are made in compliance with the execution of a contract.

Likewise, if you are a customer of an insurance company and contract our services, Nootric will request your explicit consent to transfer your personal data including health data, to said insurer for statistical and promotional purposes. The legitimacy for the processing of these data is the explicit consent of the user, which will be obtained by checking the box enabled for this purpose.

We inform you that Nootric and the external entity have signed contracts to comply with the principles and data protection requirements established in the General Data Protection Regulation (GDPR), and adequate security measures are applied to protect the confidentiality and integrity of the information. Your data will not be communicated or transferred to third parties in any other situation unless there is a legal obligation or those providers linked to the Controller who act as data processors.

To carry out the purposes of the processing, NOOTRIC S.L will subcontract the services of the company Mixpanel, located in the USA, involving an international transfer of data to a country with an adequate level of protection under Commission Decision 2010/625/EU of 19 October 2010. In this regard, we inform you that Mixpanel is a data analysis platform, to collect information in order to improve our services, provide user support, and carry out marketing activities, the CONTROLLER may use the services of Mixpanel whose servers are located in the USA. However, said provider executes standard contractual clauses together with additional security guarantees to ensure that the data they share with us receive legal protections equivalent to those in Europe.

By using our services, you agree that your personal data will be transferred to Mixpanel for analysis, user support, and marketing purposes. This transfer is carried out in accordance with the European Commission's Adequacy Decision, and Mixpanel has implemented appropriate security measures to protect your data during transfer and processing. You can obtain more information about how Mixpanel handles your personal data and your rights in relation to it by consulting Mixpanel's privacy policy on its website.

In any other case, international transfers are not made; in the event that they may be made at any time, you will be informed for the purpose of obtaining your consent.

It is important that in order for us to keep personal data up to date, the user informs us whenever there has been any modification to them; otherwise, we do not respond to their veracity. The user guarantees that the personal data provided is true, guaranteeing that all the information provided corresponds to the real situation, is updated, and is accurate, being obliged to communicate any modification.

If the user provides data of third parties for any purpose to NOOTRIC S.L, they must ensure that they have obtained these data lawfully, that they have previously informed the affected parties, obtaining their consent to communicate them, and that the information provided is accurate and truthful.

The user will have the right to access their data and obtain confirmation of their treatment, as well as a copy of the personal data subject to treatment. You also have the right to update them and request their rectification when they are inaccurate or request their deletion when the data are no longer necessary for the purposes for which they were collected. You may request limitation on the processing of your data and object to the processing thereof by revoking your consent, as well as exercise the right to data portability. You can exercise your rights by contacting us at C/Mossen J. Verdaguer 6-8 S 3a 08940 - Cornellà de Llobregat (Barcelona). Email: asistencia@nootric.com.

If you consider that your rights have not been properly addressed, you have the right to file a complaint with the supervisory authority at www.aepd.es

The APPLICATION will use Google Analytics as a tool to know the use and interaction trends of the same. NOOTRIC SL may use the personal information provided by you in a dissociated manner (without personal identification) for internal purposes, such as the preparation of statistics. The APPLICATION may collect, store, or accumulate certain non-personal information regarding its use. Google Analytics is governed by Google's general conditions accessible at http://www.google.com/analytics/terms/en.html and the privacy policies on Google accessible at https://www.google.com/intl/en/policies/privacy/.

To proceed with the deactivation of Google Analytics:

The intellectual and industrial property rights over the APPLICATION are owned by NOOTRIC S.L, corresponding exclusively to them the exercise of the exploitation rights thereof in any form and, especially, the rights of reproduction, distribution, public communication, and transformation.

Third-party owners of intellectual and industrial property rights over photographs, logos, and any other symbols or content included in the APPLICATION have granted the corresponding authorizations for their reproduction, distribution, and availability to the public.

The user acknowledges that the reproduction, modification, distribution, marketing, decompilation, disassembly, use of reverse engineering techniques, or any other means to obtain the source code, transformation, or publication of any result of unauthorized references tests of any of the elements and utilities integrated into the development constitutes an infringement of NOOTRIC SL's intellectual property rights, obliging themselves, consequently, not to carry out any of the mentioned actions.

Our service may sometimes contain links to and from websites in our partner network, advertisers, and affiliates (including, but not limited to, websites on which the service is advertised). If you follow a link to any of these websites, please note that these websites and any service that you may access through them have their own privacy policies and we will not accept any responsibility for them or for any personal data that may be obtained by these websites or services, such as contact and location data. Review these policies before submitting any personal data to these websites or using their services.

NOOTRIC SL reserves the right to edit, update, modify, suspend, delete or terminate the services offered by the Application, including all or part of its content, without prior notice, as well as to modify the form or type of access to it.

The possible reasons for modification may occur, for reasons such as its adaptation to possible legislative novelties and changes in the Application itself, as well as those that may arise from existing codes in the matter or for strategic or corporate reasons.

NOOTRIC S.L will not be responsible for the use of the APPLICATION by a minor, the download and use of the APPLICATION being the exclusive responsibility of the user.

The responsibility for the use of the APPLICATION corresponds only to the user. Except as provided in these Terms and Conditions, NOOTRIC S.L is not responsible for any loss or damage that may occur in connection with the download or use of the APPLICATION, such as those caused as a result of failures, breakdowns, or blockages in the operation of the APPLICATION (for example, and without limitation: errors in communication lines, defects in the hardware or software of the APPLICATION, or failures in the Internet network). Likewise, NOOTRIC S.L will not be responsible for damages caused as a result of misuse or inadequate use of the APPLICATION by users.

These conditions shall be governed or interpreted in accordance with Spanish legislation in what is not expressly established. NOOTRIC S.L and the CLIENT agree to submit to the courts and tribunals in Spain of the CLIENT's domicile, any dispute that may arise from the provision of the Services object of these Conditions.