TERMS AND CONDITIONS OF USE OF Radar COVID
1. What is Radar COVID?
Radar COVID is an App that promotes public health by means of a COVID-19 risk contact notification system, providing its USERS (hereinafter, individually, the “USER” and, jointly, the “USERS”) with the option of browsing the App and accessing the contents and services of Radar COVID, in accordance with these TERMS AND CONDITIONS OF USE.
Radar COVID detects the intensity of Bluetooth signals exchanged by devices that have enabled this App by means of the use of ephemeral random identifiers which have no relation to the identity of the mobile phone used or that of the USER. Each USER’s device regularly downloads the Bluetooth keys of all the USERS of the App who have informed it that they have been diagnosed with COVID-19 (following certification by the health authorities) and proceeds to determine whether the USER has established a risk contact with any of them, as verified by the Bluetooth signals that are exchanged. If this is the case, the App will inform them so that they can take the appropriate measures and thus help to prevent the virus from spreading.
Radar COVID’s architecture employs the Exposure Notification System provided by Apple and Google developed upon the basis of the DP-3T Protocol for decentralised proximity tracing in order to preserve privacy.
2. Use of Radar COVID
An essential requirement for use of the Radar COVID services is for the USER to authorise the App to enable the Bluetooth Low Energy communication system after it has been downloaded.
The USER accepts the content of these TERMS AND CONDITIONS OF USE without any reservations. Consequently, the USER must read them carefully before accessing and using any Radar COVID service, under their sole liability.
IMPORTANT NOTICE: Use of the App is free of charge, free to be used by all citizens and done so on a voluntary basis . It is not necessary to sign up or to provide any personal identifying or non-identifying data to use Radar COVID. By enabling the App, the USER accepts:
- a) the sending of Bluetooth signals anonymously transmitted by their device;
- b) the reception and storage of Bluetooth signals from apps compatible with Radar COVID, which are kept in an anonymous and decentralised manner on the USERS’ devices for a period not exceeding 14 days;
- c) the information supplied to the USER on the potential risk of contagion, without personal data of any kind being sent at any time;
- d) the receipt of positive keys from third countries within the European Union via the European Union’s interoperability platform (EFGS); and
- e) with explicit consent, the sending of positive keys that will be shared with third countries within the European Union via the European Union’s interoperability platform (EFGS).
USERS can voluntarily inform the App of a positive result in their COVID-19 tests by using the single-use confirmation code provided by the health authorities. The validity of this code will be confirmed by the App to ensure the proper functioning of Radar COVID. USERS will report the results of their tests and will be asked for their express and unequivocal consent to the sharing of the keys generated on a daily basis on their devices corresponding to the last 14 days. These keys will be sent to a server that will make them available to all the Radar COVID Apps for downloading. The keys that are sent are in no way related to the identity of the device or that of its USER.
3. Security and privacy
The security measures implemented correspond to those envisaged in Annex II (Security Measures) of Royal Decree 3/2010 of 8th January, regulating the National Security Framework in the field of Electronic Administration.
The information on the USERS’ activity is anonymous and at no time will USERS be required to provide any personal data. USERS can disable the Bluetooth contact tracing system on the App or uninstall it at any time.
4. Changes in the service and termination
Radar COVID is always seeking to improve the service and provide additional features that are useful for USERS while constantly bearing in mind the preservation of public health. This means that we may add new features or enhancements or remove some of the features. If these new features or improvements materially affect USERS’ rights and obligations, they will be informed via the App so that they can make the appropriate decisions with regard to the continuation of its use.
USERS can stop using the App at any time and for any reason by uninstalling it from their devices.
5. Owner of the App
The General Secretariat of Digital Administration (SGAD in its Spanish initials), which reports to the Secretary of State for Digitalisation and Artificial Intelligence of the Ministry of Economic Affairs and Digital Transformation, is the OWNER of the App.
6. Liability and obligations
Great efforts have been made to create Radar COVID, although its quality and availability may be affected by numerous factors beyond the OWNER’s control, such as the number of USERS in the USER’s geographical location, the limitations and restrictions of the networks of third-party operators and the compatibility of the device and the operating system used by the USER. Similarly, USERS accept that the service may be interrupted whenever necessary for maintenance work.
In view of the above, the OWNER shall not be held liable for problems related to access to or the availability of Radar COVID and/or its services, nor for the damages that may be caused by it, when they stem from factors beyond its control.
Similarly, the OWNER shall not be held liable for the following eventualities, nor for any failures, incompatibilities and/or damage to your terminals or devices which, as appropriate, could stem from the downloading and/or use of the App:
- The updating, accuracy, completeness, relevance, timeliness and reliability of its contents, for whatever reason, or the technical difficulties and problems and those of any other nature leading to the said eventualities.
- The quality, ownership, legitimacy, adequacy or relevance of the materials and other contents
As a USER of the App, you undertake
- To prevent the access of unauthorised third parties to the App via your device..
- To immediately inform the OWNER of any indication of the existence of a security breach affecting the App, inappropriate or forbidden uses of the services provided via it or security failures of any kind.
- To make good use of the contents, information and services provided via or through the App, 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 unlawful or fraudulent purposes that are harmful to the rights or interests of the OWNER or third parties or in violation of the regulations contained in this document.
- To refrain from taking any type of action that could render useless, overload or damage the systems, equipment or services of the App or any which can be directly or indirectly accessed via it.
- To respect the intellectual and industrial property rights of the OWNER and third parties with regard to the contents, information and services provided via or through the App, generally refraining in any way from copying, distributing, reproducing or assigning the above to third parties without the express and written authorisation of the OWNER or the owners of said rights.
- Not to provide false information to the App, being solely liable for real and truthful communication.
- Not to impersonate a third party.
The App’s USER will be held solely liable for the use they decide to make of Radar COVID’s services. A USER’s failure to comply with these obligations may entail corresponding legal actions being taken by the OWNER which they may be entitled to, with no right to receive compensation of any kind.
On no account will the OWNER be held liable for the improper use of Radar COVID and its contents and the USER will be held solely liable for any damages that may arise owing to misuse of the latter or any violation of the provisions of these terms and conditions that they may commit. The USER undertakes to hold the OWNER harmless against any claims or penalties it may receive from third parties, whether they be individuals or public or private entities, owing to the said violations, as well as against damages of any kind that it may suffer as a consequence thereof.
In any event, the OWNER, at any time and without the need for prior notice, reserves the right to modify or eliminate the content, structure, design, services and conditions of access and/or use of this App, provided that said changes do not affect the principles and rights with regard to data protection, as well as the right to interpret these terms and conditions concerning any matters that stem from their application.
Similarly, the reproduction, distribution, transmission, adaptation or modification, by any means and in any form, of the contents of Radar COVID or its resources (texts, designs, graphics, information, databases, sound and/or image files, logos and other elements of these sites) are prohibited, except for those permitted by the open code release licence under which the system has been published.
The above list is for merely illustrative purposes and on no account is it exclusive or excluding in any of its points. In all cases, THE OWNER SHALL NOT BE HELD LIABLE FOR DAMAGES OF ANY NATURE DIRECTLY OR INDIRECTLY RESULTING FROM THE SAID RESOURCES OR FROM ANY OTHERS WHICH HAVE NOT BEEN SPECIFIED WITH SIMILAR CHARACTERISTICS.
THE OWNER DOES NOT PROVIDE ANY EXPRESS, IMPLICIT, LEGAL OR VOLUNTARY GUARANTEE.
THE OWNER EXPRESSLY EXCLUDES ALL THE IMPLICIT GUARANTEES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLICIT GUARANTEE OR REMEDY OF HIDDEN DEFECTS, MARKETABILITY, SATISFACTORY QUALITY, OWNERSHIP, SUITABILITY OF THE PRODUCT FOR A PARTICULAR PURPOSE AND ANY GUARANTEE OR NON-INFRINGEMENT. THIS EXCLUSION OF LIABILITY WILL ONLY APPLY TO THE EXTENT PERMITTED BY THE APPLICABLE MANDATORY LAW.
Radar COVID’s contents may include links to sites owned and/or managed by third parties in order to facilitate access to information and services available on the Internet.
The OWNER shall not assume any liability stemming from the existence of links between Radar COVID’s contents and third-party contents or any other mention of contents unrelated to this site, with the exception of any liabilities established in the regulations on data protection. Such links or mentions are exclusively for informative purposes and on no account imply support, approval, marketing or any relationship between the OWNER and the people or entities that create and/or manage such contents or with the owners of the sites on which they are located, nor a guarantee of the OWNER with regard to the proper functioning of the linked sites or contents.
In this regard, USERS undertake to apply the utmost diligence and prudence in the event of accessing or using the contents or services on the sites they access by virtue of the above-mentioned links.
The reproduction of Radar COVID pages by means of a hyperlink from another mobile App or website is not allowed and access is permitted solely via the App itself.
On no account may it be implied that the OWNER authorises the hyperlink or that it has in any way supervised or assumed the services or contents provided by the website via which the hyperlink is produced.
No false, incorrect or inaccurate declarations or references may be made on the OWNER’s pages or in its services.
The creation of any kind of program, browser or border environment on Radar COVID’s pages is expressly prohibited.
Contents that are contrary to the rights of third parties or contrary to morality and accepted good customs and illegal contents and information cannot be included on the website via which the hyperlink is established.
The existence of a hyperlink between a website and Radar COVID does not imply the existence of any relationship between the OWNER and the owner of the said website, nor the acceptance or approval of its contents and services.
9. Applicable law and jurisdiction
All the provisions of these terms and conditions of use will be governed and interpreted by Spanish legislation. In the event that the current regulations do not envisage the obligation to submit to a specific jurisdiction or legislation, the OWNER and the USERS, waive the right to any other jurisdiction to which they may be entitled, submit to the courts and tribunals of Madrid, Spain.
10. Corporate information and contact
Address: Calle de Manuel Cortina, 2, 28010 Madrid