Terms of assignment on clinical cases for promotional purposes
Hereby, the health professional registered in the Professionals Area (hereinafter the “USER”) HEREBY GIVES to Proteos Biotech, S.L. located in C/ 3, Nº 50, Parcela 133-C, POL. IND. ROMICA, APDO. CORREOS 627, 02080 ALBACETE, (hereinafter, “PROTEOS”):
The economic rights of reproduction, public communication, distribution and transformation of the clinical cases provided related to the use of recombinant enzymes, to disseminate and publish them, including the transfer to third parties, for scientific and promotional purposes, through all technical means and media currently known (mainly audiovisual and electronic) and those that may be developed in the future. The aforementioned clinical cases will be published, including but not limited to: on the Proteos corporate websites: www.proteosbiotech.com and https://pbserum.com social networks (mainly Instagram and Facebook); as well as in congresses and scientific conferences. The aforementioned transfer of rights is made free of charge, with no time or territorial limitation, in accordance with Royal Legislative Decree 1/1996, of 12 April, which approves the revised text of the Intellectual Property Law, regularising, clarifying and harmonising the legal provisions in force in this area.
In this sense, the USER guarantees that he/she is the owner of the clinical cases transferred or that he/she has the relevant rights to transfer them to PROTEOS.
Likewise, taking into account that the USER provides clinical information, which may contain photographs and images (hereinafter, the “Images”), the USER undertakes that the Images will be presented in a dissociated or anonymous way, i.e., in a way that the patients or third parties involved cannot be identified. In any case, the USER must obtain the express consent of the patients and/or third parties involved, in order to provide the Images to PROTEOS, in accordance with the Organic Law 1/1982, of May 5th, on the civil protection of the right to honour, personal and family privacy and self-image.
Likewise, taking into account that the Image and the data relating to the clinical cases constitute personal data, the USER undertakes to comply with the current regulations on data protection: General Data Protection Regulation (EU) 2016/679, (hereinafter, “GDPR”) respecting the duty of information, ex Article 13 GDPR (especially, regarding the transfer of data to PROTEOS for the purposes indicated), conveying to the data subject the information contained in the following clause and ensuring compliance with the principles of data protection; among which the USER shall pay special attention to the principle of minimisation, by providing the Images that allow the least possible degree of identification of the data subject.
In this sense, PROTEOS may require the USER to prove that he/she has obtained the corresponding consent. Additionally, the personal data will be kept by PROTEOS, on the basis of the acceptance of the present agreement on the transfer of clinical cases, for the time necessary to carry out the aforementioned dissemination and, in any case, until the interested party withdraws his/her consent. In this case, the USER undertakes to communicate to PROTEOS the revocations of consent, which he/she might receive, in case the interested party exercises the mentioned right through the following address: dpo@smart-informatica.es.
Some of the platforms where the Images will be published (Facebook and Instagram) are owned by providers located in the USA, a country that may not offer a level of protection equivalent to that of the European Union, however, the said providers offer sufficient guarantees, namely: subscription of standard contractual clauses. The data subject may exercise his or her rights of access to personal data; obtain its rectification, erasure, portability, limitation of processing and opposition; or contact our data protection officer, via the following email address: dpo@smart-informatica.es.
Likewise, the interested party may file a complaint before the Spanish Data Protection Agency: www.aepd.es. The USER undertakes to hold PROTEOS harmless against any sanction or claim for damages caused to third parties, produced by the non-fulfilment of the obligations foreseen in this agreement. In this case, PROTEOS will be able to repeat against the USER the total amount of the sanction or claim.
Last update: may 2023
