Terms of Use and Privacy

Last updated: January 30, 2024

1.- Data controller

The owner and data controller of this website and app is IKI Health Group S.L. (hereinafter the"Service"), with address at Plaza Progrés, number 8, CP 07570, Artá, Balearic Islands, Spain.

Email: hello@iki.health
NIF: B72819360

The use of the web attributes the condition of “User”, and with this you accept the terms and conditions indicated below: these Terms of Use and Privacy andour Cookie Policy. 

1.2.- Acceptance

The acceptance ofthe Terms of Use and Privacy of the Service is a necessary condition for theuse of our website.

These Terms of Use and Privacy regulate the collection, processing and use of your personal and non-personal information as a user of the Service, as of the effective date that appears in the header. Likewise, the conditions of use of the website and its functions are indicated.

To process your personal data, the Service complies with current, local and European legislation, as well as its development regulations.

2.- Description and Use of the Service

The Service is a tool aimed at improving the efficiency of therapists in their daily consultations through technology. Through the Service you will be able to manage your clients with the tools and monitoring system designed by our team of professionals.

The Service can be used by anyone who accesses it directly as a professional or through the recommendation of a healthcare professional, if you are a patient. In these cases, users who use the Service through a link provided by theirtherapist must accept that their data is shared only with their therapist so that they can monitor the evolution of the user.

In any case, the user knows and accepts that the Service and all the content and information contained in it are for informational purposes only and do not constitute professional or personalized medical diagnosis or treatment.

The Service only allows registered users to access global and general exercise and habit recommendations (for example, recipes) that may be compatible with their needs based on the answers that have been provided, as well as on the available medical literature.

Accordingly, the user understands and accepts that if he needs healthcare, only his doctor or other healthcare provider can help him. You should not change your treatment or care plan, medication or therapy based on information, advice or materials you receive through the Service or from our employees.

3.- External links

The website may link to other websites.

However, we do not exercise any control over these sites or their contents, which are actually subject to their own terms and conditions. Nor do we assume any association or responsibility for them, nor do we guarantee their technical availability, quality, reliability, accuracy or veracity.

4.- Intellectual and Industrial Property

The content and information on the Service (including, but not limited to, trademarks, logos, data, text, images, or computer code), as well as any hardware or software used to provide such content and information, are owned by the Service or used by it with the corresponding authorizations.

For this reason and by virtue of the provisions of national and European regulations on intellectual property, the modification, reproduction, duplication, copying, distribution, sale, resale and other forms of exploitation for commercial or equivalent purposes of the Service and its content are prohibited.

For any other use of the content of the Service you need, prior and in writing, our consent or, as the case may be, that of the authors of the content.

5.- User Content

You can contribute to the Service by sending us a message to our email address and through the contact forms available on the website or app (hereinafter “Content”).

We can use your Content in different ways, such as: display it on the website, reformat it, translate it into other languages, edit it for clarity, correct errors, promote it or distribute it, according to the license indicated in the previous section.

This means that the content remains yours, but the Service, thanks to that use license, can: a) use, reproduce, modify, adapt, translate, distribute and publish the Content, create derivative works from it, display it and show it throughout the world, by any known mean sand for any legitimate purpose; and b)use the name you submit in connection with that Content.

However, the Service reserves the right not to publish content or informationthat is false or contrary to the rights of third parties.

5.1.- For Therapists

- You must provide us with the necessary information for your registration on the platform and its intranet, accessible through our site, making sure that the information is accurate and up-to-date. You must not impersonate another company or otherwise mislead users as to the nature of your activity.

 -  If you provide us with information, documents, images, logos or brands to be included on our website or the intranet of the Service, you declare that you have ownership of said elements and you consent to their use by us for inclusion on our website.

- You must honor all requests (both on and off the Service) that people make to block, interrupt, or otherwise unsubscribe from communications you send to them through the Service, including removing that person from your mailing list or contacts. 

- You must use the Service and its intranet, accessible through our website, in a reasonable and legal way.

6.- Age

Regarding the useof the web, you declare that you are of legal age and that you have the necessary legal capacity to be bound by this agreement and use the Service in accordance with its terms and conditions, which you fully understand and acknowledge.

In addition, you affirm that you have the consent and/or legal authorization of the third parties whose data and photographs you share through the web, especially in the case of minors.

You declare that all the information you provide to access the Service, beforeand during use, is true, complete and accurate.

7.- Data protection

7.1.- Information collected

The personal and non-personal information collected will change based on your use of the website and its features.

The personal and non-personal information collected will reach us in three ways: 1) the one automatically collected; 2) the one voluntarily provided to us; and 3) the one provided by third parties.

7.1.1.- Data collected automatically

This information will consist of:

- Information collected through cookies or similar mechanisms stored on your device, always with your consent. Consult our Cookie Policy for more information.

- The IP from which the connection is made, the type of device used and its characteristics, the version of the operating system, the type of browser, the language, the date, the country, the time of the request, the referring URL or the mobile network used, among others.

- Data on the use of the site and the chatbot in the communication channels in which it is located, possible errors detected during its use, such as pages not found or erroneous displays.

- In addition, the Service uses Google Analytics, an analytical serviceprovided by Google LLC domiciled in the United States with headquarters at 1600Amphitheater Parkway, Mountain View, California 94043. To provide these services, they use cookies that collect information , including the user's IP address, which will be transmitted, processed and stored by Google under the terms set out on the website www.google.com. Including the possible transmission of said information to third parties for reasons of legal requirement or when said third parties process the information on behalf of Google.

In any case, you can disable Google Analytics cookies from here.

7.1.2.- Data provided voluntarily

This informationwill consist of:

- The personal information or not that the messages sent through the contact channels established by the Service may contain, for example your name, email, telephone number and comment, as a Professional or Patient.

- The information, personal or not, that you provide us when you download one of our content or guides, for example your email.

- The information, personal or not, that the comments to any of the blog articles may contain, for example your name, email, website and message.

- Personal information or information not required for your registration as a user in the app, such as your email and name.

- The information requested to fill out the advice form on good habits as a Patient and your registration as a User by your health Professional in the app, for example your name and surname, date of birth, gender, email, telephone number, weight, height, country, province, city, level of studies, profession,data related to your health, possible pain and its frequency and intensity, life habits, diet, physical exercise and rest.

- The information requested to fill out the registration form as a therapist, for example your name and surname, date of birth, gender, email, telephone number, your weight, height, country, province, city, profession or number of patients. 

- The personal information required to subscribe to the newsletter, such as your email.

7.1.3.- Those provided by third parties

This informationwill consist of:

- The one provided by messaging channels, chatbots or similar services, such as Chatfuel. In this case, Chatfuel may collect the messages you send in somecases. In addition, if you click on buttons or links on the chatbot, it is possible to collect the IP address in the event that it registers the web link to which it directs you. You can consult more information about how Chatfuel treats your data in the Messenger Privacy Policies.

- The one provided by social networks or similar services that use the Service.

7.2.- Rights

We inform you thatthe completion of the forms is voluntary. However, if you do not fill in the required fields (marked with a required or asterisk) the use of some functions of the site will not be possible or will be limited.

The personal data that you provide us will be incorporated and will be processed in the files owned by the Service, in order to be able to attend to your requests.

You can exercise at any time the rights of access, rectification, deletion, limitation of your treatment, opposition and portability of your personal data by email addressed to: hello@iki.health or to the postal address: Plaza Progrés, number 8, CP 07570, Artá, Balearic Islands, Spain.

In both cases you must identify yourself with your name and surname, and perhaps with a copy of your national ID or ID, if necessary.

In the event that you have granted consent for a specific purpose, you have the right to withdraw consent at any time, without affecting the legality of the treatment based on the consent prior to its withdrawal.

In addition, if you consider that there is a problem with the way in which weare handling your data, you can direct your claims to the corresponding data protection authority, in this case the Spanish data protection agency.

7.3.- Use of Data

The Service willuse the data collected to:

- Manage and update the service (the legal basis being our legitimate interest in maintaining and keeping the service up to date and in good condition).

- Respond to your requests (the legal basis being our legitimate interest in answering and resolving the queries of our users).

- Send you our newsletter by email (the legal basis being your consent).

You can unsubscribe from the email received or by contacting us. However, you will not be able to unsubscribe from certain correspondence from us, such as messages regarding the security of your data or the terms and conditions of the Service.

- Create, process, manage and update user accounts (the legal basis being your consent  or the contractual relationship, depending on the case).

- Create, process, manage and update the accounts of the therapists (the legal basis being your consent or the contractual relationship, depending on thecase).

- As a Patient, offer through our app personalized reports with exercise, eating and lifestyle guidelines with your personal guide, IKI, as well as music recommendations depending on the case (the legal basis being your consent). 

- As a Patient, accessing our academy in the app to get access to new content and knowledge(the legal basis being your consent).

- Monitor the evolution of pain in users who have registered with the Service on the prescription of a therapist licensed in the Service, as well as your calendar of activities (consent being the legal basis).

- Maintain the security of the Service, investigate illegal activities, enforce our terms and conditions and help state security forces and bodies in the framework of their eventual investigations (the legal basis being our legitimate interest in guaranteeing and maintaining the security of the Serviceand its users).

Likewise, the Service may use the personal and non-personal information of users in the form of aggregated and anonymous data to display it to third parties, for example for the preparation of a final report after the testing phase. You may also share statistics and demographic information about usersand their use of the Service with third parties. None of this will allow those third parties to personally identify you. You accept and understand that some of this aggregated and anonymous data could be used in the future for the training of artificial intelligence models. The Service does not use automated individual decisions that produce legal effects on you or similarly significantly affect you.

7.3.1.- In emails and contact forms

The website has TLS encryption that allows the user to securely send their personal data through standard contact forms. The personal data collected will be subject to automated processing and incorporated into the corresponding record of processing activities of which the Service is the data controller.

In that sense:

- We will receive your IP, which will be used to verify the origin of the message in order to offer you appropriate recommendations (for example, present the information in the correct language) and to detect possible irregularities(for example, possible cyberattack attempts on the Service), as well as data related to your ISP.

- Likewise, you can provide us with your information via email.

7.3.2.- On social networks

We have profiles on some of the main social networks on the Internet, the Service being responsible for the processing in relation to the data published on them (for example,photos uploaded by the Service in which people's faces appear).

This data will be processed according to the social network corporate profiles. Therefore, when the law does not prohibit it, we can inform our followers by any means that the social network allows about their activities or offers, aswell as provide a personalized customer service.

In no case do we extract data from social networks, unless the user's consent to do so is obtained promptly and expressly.

When, due to the very nature of social networks, exercising your rights dependson modifying your profile, we will help and advise you to the best of ourability.

7.4.- Conservation of data

The followingindicates how long the data processed by the Service is stored:

- The disaggregated data will be stored without a period of deletion.

- User data will be stored for the minimum necessary, and may be kept for up to5 years, according to art. 1964 of the Civil Code (personal actions without special term). 

- User data uploaded by the Service to pages and profiles on social networks will be stored from the time the user offers their consent until they withdraw it.

- The data of the candidates for a job offer, if the candidate is not selected, will be stored for a maximum of two years to incorporate them into futurecalls, if the candidate authorizes it.

8.- Service providers and others

There are thirdparties that manage part of the Service.

The Service requires them to comply with these Terms of Use and Privacy in what is applicable to them and they must also have their own. However, the Service will not be responsible for compliance with such policy.

Under some circumstances, the Service may share, use, preserve or disclose personal information with third parties, in a non-aggregated way:

- To provide the Service:

Service providers that perform functions on our behalf, such as web hosting, analytics monitoring or web development. These service providers may collectand have access to information that is necessary for them to perform their functions, but they are not permitted to share or use the information for anyother purpose.

The Service may be used upon the recommendation of a healthcare professional. In this case, users who use the Service through a link provided by their therapist understand and accept that their data is shared only with their therapist so that the latter can monitor the evolution of the user.

- To cooperate with the competent authorities:If we believe it is reasonably necessary to satisfy any law, legal process orlegitimate interest. In any case, we will only provide the information strictlyrequired.

9.- Responsibility

To the extent permitted by law, the Service is not responsible for: a) errors or omissions in the content; b) the lack of availability of the web or; c) the transmission of malicious programs in the contents, despite having adopted all reasonable technological measures to avoid it or; d) the usefulness for your specific needs of the different recommendations that the Service can make regarding lifestyle and eating habits.

10.- Modifications

The Service reserves the right to make the modifications it deems appropriate to its website and app without prior notice, being able to change, delete or add both the content and services provided through it and the way in which they appear presented. On the other hand, these terms and conditions may change at any time. The modifications will enter into force from the moment of their publication

11.- Cookies

Consult our Cookie Policy to find out how we usethem.

12.- Security measures

The Service adopts all the necessary technical and organizational measures to protect the securityand integrity of personal and non-personal information collected. Both against unauthorized access and accidental alteration, loss or destruction.

In any case, the Service cannot guarantee the absolute security of the information collected, so you must collaborate and use common sense about the information shared at all times.

You understand and acknowledge that even after deletion, personal and non-personal information may remain visible in cache or if copied or stored by other users.

13.- Contact

If you have questions about these Terms of Use and Privacy, contact us at:

Email: hello@iki.health
Address: Plaza Progrés, number 8, CP 07570, Artá, Balearic Islands, Spain

By clicking “Accept All Cookies”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. View our Privacy Policy for more information.