Legal notice

1. Legal information

In compliance with the duty of information established in Article 10 of Law 34/2002, on Information Society Services and Electronic Commerce, we inform you that the owner of the web domain www.juanacrespo.es is BAMBÚ DE ROCA SL, whose identification and contact information are the following:

Owner: BAMBÚ DE ROCA SL

Address: Avenida General Avilés, 90. 46015 Valencia, Spain.

Tax identification number: B98691074

Email: info@juanacrespo.es

Telephone: 961042557

Registry data: Registered in the Mercantile Register of Valencia, Volume 9887, Folio 106, Sheet V-162708.

BAMBÚ DE ROCA SL is the parent company of the business group to which Equipo Médico Crespo Valencia SLU belongs with Tax identification number B56859432 and address at Avda. General Avilés, No. 90 Bajo 46015 Valencia and Local Office: Calle Llandells, 2-4 Bajo 12598 Peñíscola Castellón.

Telephone: 961042557 – Headquarters / 964489132 Peñíscola Office.

Email: lopd@juanacrespo.es

Contact our Data Protection Officer (DPO): dpo@juanacrespo.es

Registry data: Registered in the Mercantile Register of Valencia, Volume 11491, Folio 86, Sheet 215274.

Registered in the Autonomous Register of Health Centres, Services and Establishments of the Valencian Community Number 18344

2. Objective and scope

2.1. This legal notice establishes the general Terms and Conditions of use that regulate access, browsing and use of the website www.juanacrespo.es (hereafter referred to as ‘the website’), as well as the responsibilities that come from the use of its contents. In addition, the provision of certain services or activities on the website can also be subject to particular conditions that could establish that, where relevant, the general Terms and Conditions of use of this Legal Notice are substituted, added to and/or modified.

2.2. This website is a service that BAMBÚ DE ROCA SL makes available at internet users’ disposal to provide information. Relevant modifications to its design, configuration and content can be made at any time without prior notification.

2.3. Access and use of this website gives the visitor the condition of user and implicates his complete acceptance without any reservations, from this access and/or use of each and every condition of use that BAMBÚ DE ROCA SL includes in this legal notice, in the version published at the time of access. In this sense, the term user includes those who access, browse, and participate in the services and activities developed on the website.

2.4. The user is obliged to use the website correctly, in compliance with applicable laws, good faith, public order, use of traffic and this Legal Notice, liable to BAMBÚ DE ROCA SL and to third parties for any damages that could be caused as a result of a breach of this obligation.

3. Access and use of the website

3.1. Access to this website is free of charge and unlimited, apart from the cost to connect to the telecommunications network provided by the operator, contracted by each user.

3.2. The user is responsible for his use of the website. This responsibility extends to the registration that is necessary to access certain services or content.

The user undertakes to make appropriate, diligent, and lawful use of the contents and services that BAMBÚ DE ROCA SL offers through the website, which entails not using them to:

1. Using false identities, or assuming the identity of other users when using the website or its services.
2. Disseminate content or propaganda of a racist, xenophobic, pornographic nature, advocating terrorism or violating human rights.
3. Cause damage to the physical and logical systems of BAMBÚ DE ROCA SL., its suppliers or third parties, introduce computer viruses or any other physical and logical systems into the network that are likely to cause the aforementioned damage.
4. Attempt to access and, where relevant, use the email accounts of other user and modify or manipulate their messages.
5. Reproduce, copy, distribute, make available or in any other way publicly communicating, transforming, or modifying the content of the website, with commercial purposes, in any format and via any technological method without the prior and express authorisation of the owner of these rights.
6. Introduce or incorporate a corporate or own professional activity to the content and/or services on this website.
7. Violate any intellectual or industrial property rights derived from the content on the website.
8. Use this website, or the content and/or services obtained from it, to engage in activities contrary to the law, good faith, or public order.

3.3. BAMBÚ DE ROCA SL reserves the right to interrupt access to the website at any moment and without prior warning, as well as to interrupt the provision of any one or all services provided via the site, either for technical, security reasons or any other motive.

4. Personal data protection

4.1.- BAMBÚ DE ROCA SL is committed to processing personal data in a way that respects the rights of the data subjects, in compliance with current data protection legislation.

4.2.- In each data collection form existing on the website, data protection information is made permanently available to the user, relating to the identification of the person responsible for the treatment, the purposes of the treatment and the rights that can be exercised by the interested party, through a link to detailed data protection information included in the website’s privacy policy. Express acceptance by the user of the privacy policy by checking the corresponding box will be necessary for the form to be considered completed and to carry out the shipping process. The content of this privacy policy may be modified to adapt it to any potential changes to legislation, as well as to criteria and positions issued by the competent supervisory authorities.

4.3.- In the event that the user voluntarily completes any of the online data collection forms available on the website, the user undertakes to provide accurate and truthful data, as well as to notify BAMBÚ DE ROCA SL of any modification thereof. Unless otherwise indicated, the data requested in our formulas is necessary to process your request.

4.4.- If a user provides personal data of third parties, he is obliged to comply, in relation to said communication, with any obligations arising from the data protection regulations in force, and in particular the duties of legality of the processing and the duty of transparency with respect to the owner of the personal data in relation to the communication thereof to BAMBÚ DE ROCA SL, exonerating and holding it harmless from any liability.

4.5. Children younger than 14 years of age are not permitted to submit their data via the website. Prior express authorisation is required from their parent or guardian. In any case, this website is not aimed at minors.

5. Intellectual and industrial property

5.1.- BAMBÚ DE ROCA SL, by itself or as assignee, is the owner of all the intellectual and industrial property rights of this website, as well as the elements contained therein (by way of example, images, sound, audio, video, software, or texts; brands or logos, colour combinations, structure and design, selection of used materials, computer programs necessary for its operation, access and use, etc.), owned by BAMBÚ DE ROCA SL or its licensors. All rights reserved.

5.2.- The reproduction, distribution, transformation, and public communication, including the method of making it available, of all or part of the contents of the website for commercial purposes, on any medium and by any technical means, are expressly prohibited, without the prior and express authorization of BAMBÚ DE ROCA SL.

5.3.- The user agrees to respect the intellectual and industrial property rights owned by BAMBÚ DE ROCA SL. You will be able to view the elements of the website and even print, copy, and store them on the hard drive of your computer or on any other physical medium at all times, and whenever, solely, and exclusively, for your personal and private use. The user must refrain from deleting, altering, evading, or manipulating any protection device or security system that was installed on the website.

6. Responsibility and guarantee disclaimer

6.1. -The purpose of the content of this website is informative and aims to create a channel of communication with users. Its content does not represent exhaustive advice on these subjects. BAMBÚ DE ROCA SL cannot guarantee full and complete access to all content, not the completeness, correction, validity or updating, nor its suitability or usefulness for a specific purpose. To the extent permitted by law, BAMBÚ DE ROCA SL excludes any liability for damages of any kind derived from, but not limited to: errors or omissions to content, unavailability of the website, or the spreading of viruses or malicious/damaging programmes in the contents. However, BAMBÚ DE ROCA SL confirms they have adopted all necessary measures, within the scope of their possibilities and state of technology, to guarantee the functioning of the website and to prevent the existence and spreading of viruses and any other damaging components to users.

6.2.- BAMBÚ DE ROCA SL is not responsible for the use that the user makes of the services and contents of the website, nor for the opinions expressed by users through forums, chats, blogs, or other participation tools. The user recognises and accepts that the use of the website, as well as its services and content, must be made at his own exclusive risk and responsibility.

6.3.- The USER will be solely responsible for the contributions and comments made on this website, and other participation tools, BAMBÚ DE ROCA SL reserving the right to remove from it those that, at its discretion, are considered not appropriate for publication.

7. Links

7.1. When the website provides links or hyperlinks to other websites, BAMBÚ DE ROCA SL exercises no control over these sites and their content. Under no circumstances shall BAMBÚ DE ROCA SL assume responsibility for the content of these third party linked websites, nor shall it guarantee the technical availability, quality, reliability, accuracy, completeness, veracity, legality or validity of any material or information contained in any of these hyperlinks or other Internet sites. In this way, if users have firm knowledge of illicit activities taking place on these third party linked websites, they must communicate this immediately to BAMBÚ DE ROCA SL who will proceed to deactivate the links.

7.2. In addition, the inclusion of any type of link by BAMBÚ DE ROCA SL to other websites does not mean that there is any type of relationship, association, collaboration, or dependence between BAMBÚ DE ROCA SL and the owner of the third-party website.

8. Right of exclusion

8.1.- BAMBÚ DE ROCA SL reserves the right to deny or withdraw access to this website and/or its content or services offered on it, without the need to give prior warning to users who do not comply with these General Terms and Conditions of use, or any specific conditions that may be established.

9. General concepts

9.1. In the event of a discrepancy between what is established in these general conditions and the particular conditions of each specific service, the provisions of the latter will take precedence.

9.2. If any provision or content in this Legal Notice is declared completely or partially null or non-applicable, via a firm resolution from a competent Court or Tribunal, this nullity or non-application will not affect the remaining provisions in the conditions of use, that will retain their validity for all purposes.

9.3.- The execution or non-execution by BAMBÚ DE ROCA SL of any right or provision in these Terms and Conditions of use do not constitute a renouncement unless this has been recognised and agreed in writing.

9.4.- BAMBÚ DE ROCA SL may completely or partially modify these conditions at any time. These modifications will become effective as soon as they are published on this website.

10. Applicable law and jurisdiction

The relationship established between BAMBÚ DE ROCA SL and the user will be governed by the provisions of current Spanish regulations. For the resolution of any conflict and, unless otherwise provided by law, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of the City of Valencia.

Last update: 06 May 2024 12:22:30

In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, relating to the protection of natural persons with regard to the processing of personal data and the free movement of these data (GDPR) and LO 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD), we inform you about the processing of the personal data you provide us through this Website.

Who is the controller in charge of processing your personal data?

Company name: Equipo Médico Crespo Valencia SLU

Tax identification number: B56859432

Headquarters: Avda. General Avilés, Nº 90 bajo 46015 Valencia

Delegation: Calle Llandells, 2-4 Bajo 12598 Peñíscola Castellón

Telephone: 961042557 Headquarters / 964489132 Peñíscola Office

Email: lopd@juanacrespo.es

Contact our Data Protection Officer (DPO): dpo@juanacrespo.es

Group’s Parent Company: BAMBÚ DE ROCA SL

Address: Avenida General Avilés, 90. 46015 Valencia, Spain.

Tax identification number: B98691074

Email: info@juanacrespo.es.

Telephone: 961042557

Registry data: Registered in the Mercantile Register of Valencia, Volume 9887, Folio 106, Sheet V-162708.

The Group’s Parent Company will process data on behalf of the investee companies, as data processor, when required to provide services to them for management tasks. On the other hand, within the framework of intragroup strategic decision-making, it may carry out treatments jointly with other investee companies, based on a legitimate corporate interest.

For what purpose will we process your personal data?

As a contact: Your data will be used to respond to your requests for information, on any aspect related to our services, arrange a first visit with you, respond to any type of comments or suggestions, access to in-person or remote information events and carry out personalized follow-up of each case, all through the contact section, the online forms, the telephone number or the email addresses that appear on our page and thus maintain communication with you.

As a subscriber to the Bulletin or Newsletter: Your personal data will be used to send you our newsletter or informative bulletin with information that could be of interest to you, related to our activity sector, via your registration in the distribution list. We will also track the email marketing campaigns launched (opened emails, clicked links, through the email marketing provider).

As a follower on Social Networks: The data provided to the social network will be used to maintain mutual monitoring of our accounts and to always be able to contact you through the chosen social network. We will manage communications through them, in accordance with the terms and conditions of each social network. You will always receive the information through the social network in question and as long as you are a follower of the person responsible for it. Each of these social networks has its own terms and conditions for which they are responsible and are entities other than us.

As a Candidate: Your personal data will be used for the purpose of carrying out personnel selection processes in our organization and/or to add your resume to a job board if you wish.

As a Donor: Your personal data will be used to manage the donation of gametes and embryos.

As a Patient: Your personal data will be used for the purpose of managing specialized medical treatments and diagnostic tests related to gynaecology, assisted reproduction, fertility, and donations, as well as the provision of health treatments and health care systems and services, which will include the private electronic prescription, the derived economic-administrative management, and the necessary communications with patients.

Ethical channel: Your personal data will be used for the purpose of managing the internal complaints channel, which is a communication channel for employees, suppliers, clients, or other groups such as interns, volunteers, candidates, shareholders, etc., so that they can report conduct that, through action or omission, may constitute infringements of Union Law.

As a client: Your personal data will be used for the purpose of maintaining relationships of any kind with our clients as a consequence of the contractual/care relationship that we maintain, for its formalization, development or execution and termination, including the commercial, economic, administrative, and fiscal management, of quality, and personalized attention.

If you call us by phone: Your personal data will be used for the purpose of managing the quality we offer in our communications.

What is the legitimation for the processing of your personal data?

As a contact: Request for pre-contractual measures at the demand of the interested party or Consent in accordance with Art.6.1. b) and Art. 6.1.a) and the GDPR, respectively.

As a subscriber to the Bulletin or Newsletter: Consent of the interested party Art. 6.1.a) of the GDPR.

As a follower on Social Networks: Consent of the interested party Art. 6.1.a) of the GDPR.

As a Candidate: The processing is necessary for the execution of a contract to which the interested party is a party or for the application at the request of the interested party of pre-contractual measures, in accordance with art 6.1 b) and recital 44 of the GDPR. If you want us to add your resume to the employment pool, the legitimation will be the consent given in accordance with art. 6.1 b) of the GDPR.

As a Donor: Execution of a contract with the data subject in compliance with Article 6.1 of the GDPR related to art. 5.1 of Law 14/2006, of May 26 on human assisted reproduction techniques “The donation of gametes and pre-embryos for purposes authorised this Law is a free, formal and confidential contract between the donor and the authorised centre”.

By legal obligation in accordance with art. 6.1c) of the GDPR, as a consequence of this contractual/healthcare relationship the controller is obliged to comply with the specific sectoral regulations and pay particular attention to the processing of clinical courses, their creation, elaboration, and storage that will later have impact on the retention periods established by law:

• LAW 41/2002, of November 14, basic regulation on the autonomy of the patient and the rights and obligations regarding information and clinical documentation.
• LAW 14/2006 Assisted Human Reproduction Techniques and other current national and regional legal regulations in the health sector.
• Decree-Law 9/2014, of July 4, which establishes the regulations of quality and security for donation, extraction, evaluation, processing, preservation, storage and distribution of human cells and tissue, and approves the regulations of coordination and functioning for their use in humans.

As a Patient: The processing of your personal data is primarily legitimized in accordance with article 6.1 b) of the GDPR, since the processing is necessary for the execution of a contract to which the interested party is a party.

At the same time that the processing of your data corresponding to special categories of data (health, racial origin, sexual life and/or genetics) is legitimized in accordance with article 9.2 h) of the GDPR since the processing is necessary for preventive medicine purposes, medical diagnosis, provision of healthcare assistance or treatment, or management of healthcare systems and services.

Likewise, and in accordance with article 6.1 c) of the GDPR, the treatment is also necessary to comply with a legal obligation applicable to the person responsible for the treatment, specifically the obligation established by health regulations to open, maintain, and preserve its clinical course, in relation to the following laws.

• LAW 41/2002, of November 14, basic regulation on the autonomy of the patient and the rights and obligations regarding information and clinical documentation.
• LAW 14/2006 Assisted Human Reproduction Techniques and other current national and regional legal regulations in the health sector
• Royal Decree 1718/2010, of December 17, on medical prescription and dispensing orders.

You must take into account other possible, more exceptional causes of legitimation that could arise, such as those established in article 6.1 d) of the GDPR for those cases in which the treatment is necessary to protect the vital interests of the interested party (communications to emergency services, to anaesthetists, to your family doctor or gynaecologist to inform about treatments, if necessary) or will occur in accordance with article 6.1 e) of the GDPR if such data processing is necessary for the fulfilment of a mission carried out in public interest in the field of public health because it was claimed from us by the competent authority.

Finally, we can only carry out certain data processing if you give us your express consent, which we will request individually for each specific purpose, and which will be informed at the time of collecting your data.

Ethical channel: The legal basis for the processing of your personal data is compliance with a legal obligation in accordance with Art. 6.1.c) of the GDPR, in relation to Law 2/2023, of February 20, regulating the protection of people who inform on regulatory infractions and the fight against corruption, to Art. 8 of Organic Law 3/2018, of December 5 and 11 of Organic Law 7/2021, of May 26 and 10 and 13 of Law 2/2023, of February 20, regulating the protection of people who report regulatory infractions and the fight against corruption.

As a client: Personal data are necessary for the development of the contractual activity established with clients in accordance with art. 6.1 b) of the GDPR, whose purpose is to give content and development to it (contracting, provision of the service, billing, collections and payments, accounting, and taxation…). As a consequence of the contractual relationship established with clients, the person responsible has legal obligations in economic and fiscal regards, derived from the following main regulations and which have an impact on the conservation periods:

• Corporate Tax Law
• General Tax Law 58/2003
• Account Audit Law.
• General accounting plan

If you call us by phone: The processing is carried out on the basis of legitimate interest (interest in improving the quality of telephone communications of our teams) in accordance with Art. 6.1.f) of the GDPR and the ability to control the activity of employees in accordance with art. 20.3 of the Statute of Workers. However, as the affected party of the call, you can oppose to this recording, for which we will inform you on each call on how to do it so that you are not recorded.

How long will we keep your personal data for?

As a contact: They will be kept until their purpose is fulfilled or until you revoke the given consent.

As a subscriber to the Bulletin or Newsletter: They will be kept until you revoke the given consent.

As a follower on Social Networks: They will be kept until you revoke the given consent or when you stop following us or mark “I no longer like it.”

As a Candidate: Personal data will be kept for the duration of the selection process or until it occurs and will be destroyed upon completion, unless you voluntarily choose to include them in our organization’s employment pool for future selections, in which case we will keep them until before this occurs or until the given consent is revoked.

As a Donor: Your personal data will be kept for the duration of the established relationship and once it ends, they will be kept duly blocked based on the legal conservation periods determined by national and/or regional health regulations, which may reach 30 years based on art 33.6 of the Royal Decree-Law 9/2014, of July 4, which establishes quality and safety standards for the donation, extraction, evaluation, processing, preservation, storage and distribution of human cells and tissues and approval of the coordination and functioning standards for use in humans.

As a Patient: Your personal data will be kept for the duration of the healthcare relationship and once it ends, they will be kept duly blocked based on the legal conservation periods determined by national and/or regional health regulations, but you must bear in mind that they may be kept for as long as it is considered favourable for the patient, always under medical judgement and duly blocked.

Ethical channel: Your personal data will be kept for a maximum of 3 months, in accordance with art. 32.4 of Law 2/2023, of February 20, deleting them or, where appropriate, proceeding to completely anonymise them in case of conservation to demonstrate the operation of the system.

As a Client: Your personal data will be kept for the duration of the established relationship, and once this has ended, they will be kept for the legal economical, and fiscal time periods. Depending on the type of document, this could vary from a minimum of four years to a maximum of ten years.

If you call us by phone: Your data will be kept until the quality analysis is performed, after which it will be deleted.

Will we disclose your personal data?

As a contact: Your personal data may be processed by third parties as data processors with whom we have adhesion commissioning contracts and whose international data transfers are covered by membership in the Data Privacy Framework program between the USA and Europe that guarantees an equivalent level of data protection.

As a subscriber to the Bulletin or Newsletter: Your personal data for sending the bulletin or newsletter will be managed by our parent company Bambú de Roca SL who uses an external processor also occupying the position of data processor, in accordance with art. 28 of the GDPR and which is attached to the Data Privacy Framework program that guarantees an equivalent level of protection between the USA and the EU in the international transfers that are made .

As a follower on Social Networks: Your personal data will not be disclosed unless there is a legal obligation to do so.

As a Candidate: Your data will not be transferred unless there is a legal obligation, or you have given consent for such transfer.

As a Donor: Your data will not be transferred except by legal obligation. We inform you that on the website our parent company uses an external processor, and we have a merely informative communication channel (without specially protected data being processed through this channel) in WhatsApp Business, with whom we have custom contracts by adhesion and whose International data transfers are covered by membership in the Data Privacy Framework program between the USA and Europe that guarantees an equivalent level of data protection.

As a Patient, we may transfer your personal data:

In cases of emergencies and based on your vital interest, to the emergency health services, to facilitate your assistance, or to your family doctor or gynaecologist to continue the prescribed treatment, or to the professionals who intervene in case you require surgical treatment.

In certain cases and duly informed and promptly consented, we will recommend the transfer of your data to external professionals for specific treatments mainly related to the performance of specialized diagnostic tests and private electronic prescription.

In all cases we believe that these disclosures are necessary for your medical assistance and the correct development of your healthcare treatment.

Ethical channel: As specified in Law 2/2023, of February 20, regulating the protection of people who report regulatory infractions and the fight against corruption, your identity will in all cases be reserved and will not be communicated to the people to whom that the events reported refer to or to third parties.

Its communication to third parties will be lawful, when it is necessary for the adoption of corrective measures in the entity or the processing of sanctioning or criminal procedures that, where appropriate, may apply.

As a Client:  we will transfer your data to the tax administration, to comply with tax obligations, as well as to banking entities and online payment managers, to collect payment for the provided services.

If you call us by phone: Your data will not be disclosed to third parties, except by legal obligation.

What rights do I have when I provide my personal data?

As an interested party, you have the rights of access, rectification, deletion, limitation, and opposition that you may exercise before the person responsible, by any means that leaves a record of such request at our postal or electronic address. When the processing of data is based on consent or on a contract or pre-contract, and it is carried out by automated means, you have the right to data portability. This means that it will be provided in a structured, commonly used, and machine-readable format, including providing it to a new responsible figure.

Any interested party may lodge a complaint with the competent data protection supervisory authority, especially when they are not satisfied with the exercise of their rights. They can be contacted in writing at Spanish Personal Data Protection Agency (Agencia Española de Protección de Datos Personales) at C/Jorge Juan nº 6, 28001 Madrid or online at www.agpd.es

The ethical channel has limited some of the rights of the interested parties, such as the right to block and the right to object as established in arts. 32.4 and 31.4 respectively of Law 2/2023, of February 20, regulating the protection of people who report regulatory infractions and the fight against corruption.