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Legal Notice

General conditions for use of the website OPTretina.com

1. Introduction

The purpose of this document is to establish and regulate the standards for usage and data protection applicable to the website OPTretina.com (hereinafter, the “Website”), the Website to be understood as all pages and content thereof, the property of OPT Retina SL, accessed via the domain OPTretina.com and sub-domains thereof.

Use of this website and associated microsites constitutes acceptance of all Terms and Conditions set out below:

Pursuant to the terms of Information Society Services Act, we hereby inform you that the owner of this Website is OPT Retina SL, the registered office of which is at Las Palmas, 11, Sant Cugat del Vallès  (08195) Barcelona, its e-mail address being info@optretina.com, registered in the Companies Register of Barcelona in Volume 44377, Page 159, Sheet B454326, Entry 1, holder of Tax Identification Number B-66289117 (hereinafter, OPT).

This Website shall be deemed to include all associated microsites accessed via this website, except those microsites which specifically contain their own conditions for use, in which case the latter shall apply.

This Website and its associated microsites have been created by OPT Retina SL (hereinafter, OPT) to provide information, their purpose being that of promoting the activities undertaken by OPT, and the services it provides. The information contained therein does not therefore constitute a binding offer.

The Website and associated microsites may also include articles regarding issues of health, medicine, hospitals, current affairs or those of any other kind which OPT may deem to be of interest to you, the contents of which reflect the opinions of their authors, but not those of OPT.

This Legal Notice governs access to and usage of the Website service provided by OPT to Internet users, notwithstanding the possibility that access to any of these services may require the acceptance of specific conditions.

Any individual making use of the Website thereby acquires the status of User thereof (hereinafter, the “User”). Any use made of the Website or of the services included therein shall constitute acceptance of the legal terms set out in this Legal Notice, and Users must therefore be aware of the importance of reading these legal terms every time they visit the Website and associated microsites.

2. Intellectual Property

The contents and graphical elements forming a part of the Website (images, sounds, texts, files, source code, logos, trademarks, design or any others, including the microsites created by OPT) are the exclusive property of OPT or of natural persons or legal entities authorised to make use thereof, and are subject to the protection provided in Spanish Intellectual and Industrial Property legislation.

The intellectual property rights of any of OPT’s specialist collaborators who may publish their articles or studies on this Website shall be held by the authors thereof. Contribution of such collaborations to OPT shall constitute the assignment free of charge of rights for publication via our Website.

Except for private use, any distribution, transformation, public presentation or any other usage of the content is therefore prohibited without the express authorisation in writing, which must be requested from the OPT Communication Department. Access to the content of this Website therefore transfers no right over such content.

OPT provide access to other website which we believe could be of interest to you. These sites do not, however, belong to OPT, nor does it inspect their content. It cannot therefore be held liable for them, for the functionality of the site linked to or any possible harm which could arise out of access thereto or usage thereof.

The implementation of links shall be permitted only on the main page of the Website, the implementation of framing practices (unlawful display of selected content), deep-linking (concealment of the original web address) etc. which could lead to a misunderstanding as to the origin of the content being prohibited.

The creation of links under no circumstances implies any form of relationship or collaboration with, or support of, the organisation. Nor may links be implemented if they fraudulently suggest or establish any type of relationship with the organisation.

A prohibition applies to links from pages which are defamatory, pornographic, racist, xenophobic or which provide false information about the organisation or any of its collaborators.

3. Use of the services

Users undertake to make use of the services in accordance with the law, morality, proper practice and public order, and also the in accordance with the terms set out in this Legal Notice. They are therefore obliged not to make use of the services for unlawful purposes or any which would violate the terms of these General Conditions, violate the rights and/or interests of third parties, or act to the detriment of the services, OPT and/or its image, prevent the proper functioning thereof, or of any services offered or any which may in the future be offered.

4. Scope of the Website. Liability of Users

Access to this Website and to its associated microsites is at the sole liability of the Users. The risks derived from usage of the Website and its microsites by Users shall be their sole responsibility. OPT offers no warranties regarding: the infallibility, availability, continuity, absence of deficiencies and security of the Website and associated microsites; that the content thereof or of the information channelled thereby is free of viruses or other harmful elements; security in usage by Users of the Website and associated microsites.

OPT will accept no liability for any possible damages which may derive from any interference, omission, interruption, computer virus, telephone faults or disconnections in the operational functioning of this electronic system for reasons outside its control, delays or blockages in the use of this electronic system caused by defects or overloading of telephone lines or overloading of the Data Processing Centre, telephone lines, the Internet system or any other electronic systems, or any damage which may be caused by third parties through illegitimate intrusions outside the control of OPT.

Mere access to this Website and associated microsites does not constitute the generation of any type of commercial relationship between OPT and the User.

OPT cannot accept any form of liability with regard to usage and access by Users beyond the intended scope of the Website and associated microsites, nor any consequences which may be derived from a lack of utility, appropriateness or validity of the Website and Microsites, of their services or content in order to satisfy specific needs, activities or results or expectations of Users, nor any results which may derive from the practical application of the opinions, recommendations or studies which may be accessed via the Website or associated microsites, ultimate liability for which shall in all cases lie with the User.

This Website and associated microsites may contain general information with regard to diseases or medical situations and the treatment thereof. This information is provided solely for the purpose of information and education, and does not constitute any recommendation or advice intended for patients, nor is it intended to act as a substitute for examination or advice by a physician or other qualified healthcare professional. The information contained in this Website and associated microsites should not be used to diagnose a health problem or physical condition, as the proper interpretation thereof requires specialist training. In the event of any doubt or query, please consult a physician or other healthcare professional.

Health decisions must be taken by a healthcare professional in accordance with the unique characteristics of the patient.

OPT does not guarantee provision of the services offered by third parties, such as requests for appointments, to the extent that these services are dependent on the actual availability of the centers and specialists, among other circumstances. In this regard, OPT accepts no liability.

5. Contents

OPT neither guarantees nor accepts any liability for any consequences which may arise out of errors in any content which may be displayed on this Website and associated microsites provided by third parties.

OPT reserves the right to restrict or prohibit access to the Website and associated microsites by any Internet user who enters therein any content which violates legal standards or is immoral, reserving the right to exercise any legal action it may deem appropriate in order to avoid such conduct.

6. Modifications and updates

OPT reserves the right at any time, without the need for prior notice, to apply modifications and update the information contained on the Website and its associated microsites, the configuration, availability and presentation thereof, and also these conditions for use.

7. Protection of Personal Data

Users of the services offered via the Website and associated microsites voluntarily provide personal data and expressly agree, in full and without reservation, that OPT may subject these to automated processing and include them in its Communication filing system, for the purpose of addressing any requests for information, or in the Patients filing system, for the purpose of addressing any requests for care and providing access to the private Client area where applicable. OPT is the controller of these filing systems, which are registered with the General Data Protection Register.

The holders of the data are all times entitled to access the filing system, and may exercise their rights of correction, cancellation and objection under the terms set out in data protection legislation.

Likewise, wherever the consent of Users is required for the processing of their personal data, such consent must be given by an individual with full entitlement to act, and in all cases consent must be given by a legal representative or guardian. Such consent may be revoked at all times, with no retroactive effect, pursuant to the terms of Articles 6 and 11 of Organic Personal Data Protection Act 15/1999, of 13 December 1999, and the Regulations in furtherance thereof.

In order to exercise the aforementioned rights, Users should write a letter with reference: “OPT Retina SL ref: Datos personales “, and send it to the address of its registered office, at Sant Cugat del Vallès, Barcelona (postcode 08195) or should otherwise send an e-mail to info@optretina.com with the same reference.

OPT guarantees that it has adopted the relevant security measures within its installations, systems and filing systems. OPT likewise guarantees the confidentiality of Personal Data.

Your data will not be transferred to third parties, nor will any use be made thereof for any purpose other than that established in this notice, unless otherwise established in law.

Users are responsible for the accuracy of the personal data provided to OPT and for serving notification thereon of any modification to the data.

Operations involving the consultation of User data and requests for services via the Website are performed by means of a secure server. The software employed on this server encodes information entered by Users before transferring this to OPT.

OPT likewise has in place strict security procedures regarding the storage and disclosure of data in order to prevent any unauthorised access thereto, pursuant to the terms of Article 9 of the aforementioned Data Protection Act with regard to data security.

8. Use of cookies

Pursuant to the terms of Information Society Services and Electronic Commerce Act 34/2002, of 11 July 2002, we hereby inform you of the usage of cookies on this Website and associated microsites in order to facilitate and improve browsing by Users by recalling which parts of the Website you have browsed, your username when you register, your preferences and display settings.

Cookies are small text files, often encrypted, which are housed/stored by a web server on the User’s equipment or device when accessing the Website. These cookies can store the identifying details of the User visiting the Website and the locations visited. When that User returns to the Website or web page, the cookies are read to identify the User and establish the preferences and browsing settings of that User. If Users do not permit the use of cookies, certain services or functionalities of the Website will not be available to them.

This Website and associated microsites make use of the following cookies:

  • Session cookies, to facilitate browsing by Users and recall the User’s location when browsing a Website, as the websites do not store any memory of past browsing movements. The cookies thus operate as a marker within the Website. These cookies disappear once the browsing process or session comes to an end.
  • Cookies for the authentication of registered Users when they log on to those pages requiring identification/authentication. These cookies are required in order to access services or contents which are restricted to identified and authenticated users.
  • Analytics cookies (Google, Nielsen, Comscore, Weborama, etc.). These cookies are used to analyse the visits made, locations and times of browsing on the Website. The information from the cookies is transferred and directly stored by the analytics agencies on their servers, which may be located in a country where levels of protection are not equivalent to that of the owner of this Website. These analytics agencies may transfer this information from the cookies to third parties if so required by legislation, and may make use thereof in order to facilitate the services provided to Users.

Any possible personal data gathered as a result of the use of cookies on this Website and associated microsites shall be processed by OPT, as the owner and controller of the filing systems, and entered, as specified in section 7, in order to facilitate and improve the experience of browsing the Website and associated microsites, to analyse visits and identify registered Users. If you accept cookies, you agree to the potential processing of your personal data for all the stated purposes and for communications. If you do not agree to such treatment, you should not accept cookies. Users may exercise the right of access, correction, cancellation and objection before OPT by submitting their request to the following address: info@optretina.com.

You can configure your browser to reject or accept cookies, or configure the browser automatically to delete cookies once you have closed the browser or logged off the equipment or device. Configuration of cookies within browsers is performed as follows:

  • Google Chrome in Settings > Privacy > Content settings > Cookies
  • Firefox in Preferences > Privacy
  • Internet Explorer in Tools > Internet options > Privacy > Advanced
  • Safari in Preferences > Privacy

For further information regarding the cookies used, you may contact the owner of this Website and associated microsites at the address info@optretina.com.

9. IP addresses

The Website servers and associated microsites may automatically detect the IP address and domain name used by the User. An IP address is a number automatically assigned to a computer when it connects to the Internet. All this information is recorded in a duly registered server activity filing system which can subsequently process data in order to obtain purely statistical measurements which serve to establish the number of page views, the number of visits to web services, the order of visits, the point of access, etc.

10. Security

The Website and its associated microsites make use of information security techniques which are generally accepted within the industry, such as firewalls, access control procedures and cryptographic mechanisms, all of which are intended to avoid unauthorised access to data. In order to achieve these ends, Users accept that the provider may obtain data for the purposes of the corresponding authentication of access controls.

Any process which may involve the entry of highly sensitive personal data (health, ideology, etc.) shall in all cases be processed by means of a secure transfer protocol (https://…), to ensure that no third party will have access to the information electronically transferred.

11. Applicable legislation and jurisdiction

These conditions shall be governed by Spanish legislation, which shall apply in all particulars not specified in this Legal Notice in terms of interpretation, validity and enforcement.

OPT and the User expressly waive any other legal forum and agree to be bound by the jurisdiction of the Courts of Barcelona in order to settle any dispute or issue connected with this Website or the activities undertaken within the context thereof.