1.Description of PassCOVID.gal

The Consellería de Sanidade/Servizo Galego de Saúde (Sergas) (hereinafter, the “Holder”) is the holder of the PassCOVID mobile application. gal (hereinafter, the “Application”) and is responsible for data processing. The Application aims to serve as a support tool through its different functionalities, in the management of the health crisis caused by COVID-19

2.Register as USER and use of PassCOVID

The use of the Application is free, free and voluntary, gives the interested party the status of user of the same and implies full and unreserved acceptance of each and every one of the provisions included in these Terms of Use in the version published at the time the user accesses these.

The owner of the App, the Consellería de Sanidade / Servicio Galego de Saúde (Sergas). (Hereinafter, the owner) reserves the right to deny or withdraw access to it at any time and without prior notice, the those users who fail to comply with these provisions without the right to receive compensation of any kind and without prejudice to the corresponding legal actions to which the holder may be entitled. We also reserve the right to make, at any time and without prior notice, modifications and updates to the services and information contained in the App or in its configuration and presentation. In order to keep the published information up to date, its contents may be modified, corrected, deleted or added at any time. In this context,

The registration of the user in the App can be done through the Chave365 System (verified identity) or without prior identification, that is, anonymously. The choice of one or the other system will determine the functionalities and the type of information that the user will receive, in such a way that the registration without previous identification will not allow the user: to obtain information on its situation of transmitting risk that supposes for the others; facilitate the identification of close and recent contacts in the event that this has been declared as a COVID-19 case or use the App as a digital medium for the storage of individual documentation.

Only older people can be users of the App with verified identity. Persons under the age of 16 may use the application without prior identification. In case of doubt about the age of the user, the person in charge may verify this information through any means valid in law.

The User undertakes to provide truthful information and keep it up to date, expressly prohibiting the provision of false personal information in the App, creating a false user identity or impersonating a third party.

3.Security and privacy

The security measures implemented correspond to those provided for in Annex II (Security Measures) of Royal Decree 3/2010, of 8 January, which regulates the National Security Scheme in the field of Electronic Administration..

Personal data will be processed in accordance with the provisions of the Privacy Policy of the Application, the full content of which can be consulted in the Application itself.

All information will be collected for purposes of public interest in the field of public health, and #in the face of a health crisis, in order to protect and safeguard an essential interest in people's lives, in the terms described in the privacy policy.

4. Intellectual and industrial property

The Consellería de Sanidade/Servizo Galego de Saúde (Sergas) is the owner and holder of all industrial and intellectual property rights relating to the PassCOVID Application. gal for mobile devices.

The texts, designs, images, databases, logos, structure, trademarks and other elements of the Application are protected by international laws and treaties on intellectual and industrial property. Any reproduction, transmission, adaptation, translation, modification, communication to the public, or any other exploitation of all or part of the content of this site, carried out in any way or by any means, electronic, mechanical or otherwise, are strictly prohibited unless authorized by writing of its corresponding Holder or subjection, of such contents, to Creative Commons licenses, in which case the uses that protect these licenses will be allowed according to the modality of license applicable in each case.

In this sense, the User is granted only a limited, temporary, non-exclusive and revocable license to use, download and / or install PassCOVID. gal in their devices, as provided in these conditions and for the intended uses. In any case, the Holder reserves the rights not expressly granted to the User under these conditions.

The legitimacy of the intellectual or industrial property rights corresponding to the contents provided by third parties is the sole responsibility of the same.

For the purposes of preserving possible intellectual property rights, in the event that any User or third party considers that a violation of their legitimate rights has occurred due to the introduction of certain content in the Application, they must notify this circumstance in writing to the Owner.

5.Responsibility and obligations of the Owner and the User

The Application is offered with the best efforts, but its quality and availability may be affected by multiple factors outside the Owner such as, among others, the geographical location of the User, limitations or restrictions of third party networks or device compatibility and operating system used by the User. Likewise, Users agree that the service may be interrupted when necessary due to maintenance work.

The Owner will not be responsible for the problems of access or availability of the Application and / or its services, nor for the damages that could be caused by it, when these come from factors outside its scope of control. In the same way, the Owner is not responsible for the failures, incompatibilities and / or damages of your terminals or devices that, in their case, could derive from the download and / or use of the Application.

Likewise, the Holder does not guarantee or be liable, in any case or circumstance, for the following facts and contents, or for any damages that may, where applicable, derive from them:

• Update, accuracy, completeness, relevance, timeliness and reliability of its contents, whatever the cause and the difficulties or technical or other problems in which these facts have their origin.
• The quality, ownership, legitimacy, suitability or relevance of the materials, and other contents.

As a User of the Application you are obliged to:

• Carefully guard user credentials, preventing unauthorized third parties from accessing them and thus ensuring their confidentiality.
• Notify the Holder immediately of any indication of the existence of a security breach in the Application, of inappropriate or prohibited uses of the services provided from it, or of security breaches of any kind.
• Make good use of the contents, information and services provided from or through the Application, in accordance with the law, good faith and generally accepted good customs, expressly agreeing to:
• Refrain from carrying out practices or uses of the services for illicit, fraudulent purposes, detrimental to the rights or interests of the Holder or third parties, in breach of the rules contained in this document.
• Refrain from performing any type of action that could disable, overload or damage systems, equipment or services of the Application or accessible directly or indirectly through it.
• Respect the intellectual and industrial property rights of the Owner and third parties on the contents, information and services provided from or through the Application, generally refraining from copying, distributing, reproducing or communicating in any way the same to third parties, if not mediate express written authorization from the Holder or holders of such rights.
• Do not provide false personal information in the Application, being solely responsible for the actual and truthful communication of your personal data.
• Do not create a fake account, or impersonate a third party without your permission.

‍‍As a person using the Application, you are solely responsible for the use you decide to make of the PassCOVID services. gal. Failure to comply with your obligations as a User may result in the immediate termination of the Application and / or its services; all this without the right to receive compensation of any kind, and without prejudice to the corresponding legal actions that may be taken by the Holder.

The Owner will not be liable in any case for the improper use of the Application and its contents, the User being solely responsible for damages that may arise from their misuse or violation of the provisions of these conditions that may be incurred. The User undertakes to indemnify the Owner against any claims or penalties he may receive from third parties, whether individuals or public or private entities, for such infringements, as well as for damages of any kind that may suffer as a result. of the same.

In any case, the Owner reserves the right to, at any time and without prior notice, modify or delete the content, structure, design, services and conditions of access and / or use of this site, whenever it deems fit. appropriate, provided that such change does not affect the principles and rights of data protection, as well as the right to interpret these conditions, in any matter where their application may be exposed.

Likewise, the reproduction, distribution, transmission, adaptation or modification, by any means and in any form, of the contents of PassCOVID is prohibited. gal (texts, designs, graphics, information, databases, sound and / or image files, logos and other elements of these sites), unless previously authorized by their rightful owners or when so permitted by the Creative Commons license where applicable be applicable to the contents or by the applicable current regulations.

The above enumeration is purely enunciative and is in no way exclusive or exclusive in any of its points. In all cases, the Holder excludes any liability for damages of any nature derived directly or indirectly from them and from any other unspecified of similar characteristics.

6.Links and hyperlinks

PassCOVID. gal may include in its contents links to sites owned and / or managed by third parties in order to facilitate access to information and services available through the Internet.

The Owner does not assume any responsibility arising from the existence of links between the contents of the Application and content located outside them or any other mention of content external to this site, except for those responsibilities established in the data protection regulations. Such links or mentions are for informational purposes only and, in no case, imply any support, approval, marketing or relationship between the Owner and the persons or entities authoring and / or managing such content or owners of the sites where they are located, or any guarantee by the Owner for the correct operation of the linked sites or contents.

In this sense, the User undertakes to take the utmost diligence and prudence in the event of accessing or using content or services from the sites to which he accesses by virtue of the aforementioned links.

Playback of PassCOVID pages is not supported. gal via hyperlink from another application or website, allowing access to them exclusively.

In no case may it be implied that the Owner authorizes the hyperlink or that he has supervised or assumed in any way the services or contents offered by the website from which the hyperlink occurs.

False, incorrect or inaccurate statements or references may not be made on the pages and services of the Holder.

The creation of any type of browser, program, browser or border environment on PassCOVID pages is explicitly prohibited. gal. Content contrary to the rights of third parties, or contrary to accepted morals and good customs, or illegal content or information, may not be included in the application or website from which the hyperlink is established.

The existence of a hyperlink between an application or website and PassCOVID. gal does not imply the existence of relations between the Owner and the owner of that page or application, nor the acceptance and approval of its contents and services.

7.Applicable law and jurisdiction

For any litigious issue or that concerns the Application, the Spanish legislation will be applicable, being competent for the resolution of all the conflicts derived or related to the use of the Application, the courts and tribunals of the city of Santiago de Compostela.

8.Corporate information and contact

Address: San Caetano Administrative Building, Rúa de San Caetano, s / n, 15704 Santiago de Compostela, A Coruña