PRIVACY POLICY

MOLOMICS BIOTECH, S.L. registered at the Mercantile Registry of Barcelona, at Volume 44.619, Sheet 76, Page B-461.371, 1st Registration, bearer of the Tax Identification Number ESB66.444.605 (hereinafter, “Molomics”) is aware of your concerns (“User” or “Users”) on the processing of your personal data by this company. For this reason, Molomics is committed to safeguarding the privacy of this information and has designed and implemented a Privacy Policy which is applicable both for the Website and the Application, following the current legislation on this subject.

In this document Molomics describes how the collection, process and storage of any personal data belonging to you operates, meaning about you being personally identifiable through for example your name, address, telephone number or email address.

WHEREAS Molomics is the owner of the software called “Lead Designer” which allows designing molecules in mobile devices (hereinafter, the “Application”).

WHEREAS Molomics has the right to and desires to license the Application so that it can become available for public use and entertainment.

WHEREAS the User desires to acquire a free, non-exclusive license to use the Application for designing molecules with Lead Designer.

THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

  1. Consent

    In order to use both the website www.molomics.com (“Website”) and the software called “Lead Designer” which allows designing molecules in mobile devices (“Application”) it is necessary that the User voluntarily and expressly accepts this Privacy Policy. This Privacy Policy shall be accepted by the User when accessing the Website or Application and using the services and the content offered in it (the “Service” or “Services”). Equally, the Privacy Policy shall be voluntarily and expressly accepted when Users decide to create an account or a private profile on the Website or the Application by completing and sending the forms requested for this purpose.

    Users that access Molomics through social networks or become fans, followers or others of Molomics will be subject to this Privacy Policy as well as to the Privacy Policy of the social network, for which we recommend you to first check both privacy policies before creating a profile.

    If the User does not accept the terms of this Privacy Policy, the User must abstain from accessing the Website and using its Services and the Application.

  2. Data supplied by Users: Create your profile

    Users may voluntarily want to create an account or private profile by completing the user information form available on the Website or when accessing the Application and disclose personal data as well as non-personal data accessible by third parties other than Molomics. In order to protect access to the account or private profile by third parties, users must create a personal password.

    The registration of the User and the creation of an account or private profile is not compulsory for the User in order to have access to some of the Services or be able to use some parts or functionalities of the Application.

    Users of the Website or the Application may voluntarily supply data that Molomics might require at any given time. If the User decides not to supply such required data necessary for the registration at Molomics, the User will still be able to continue using certain parts or functionalities of the Application and certain Services for which it is not necessary to register with a private account.

    Apart from the information Molomics can access through the User information forms, the User may provide Molomics other personal data in situations, which may include but are not limited to:

    • (a) Using the Services and resources that the Users have access to, such as for example, information about how and when Users employ in Molomics’s Application or visit Molomics’s Website, what device the Users use to access Molomics services, their IP address or details regarding Users visits;
    • (b) If Users contact or respond to messages and communications that Molomics sends to the Users, Molomics will keep a record of that correspondence;
    • (c) Using “tell a friend”, “email this page,” or other similar features;
    • (d) Registration for special events;
    • (e) Accessing Services using a third party ID, such as social networking through Molomics social media channels;
    • (f) Subscribing for newsletters;
    • (g) Purchasing a product or services through Molomics’s online stores or within the application (or “in app purchase”);
    • (h) Requesting technical information; and
    • (i) Data collected via cookies by Molomics, as explained further below.

  3. Automatically obtained data

    All files and information that Users voluntarily supply on the Website or the Application will be automatically stored by Molomics. The User will be able to share files and information with other Users if they opt to do so.

  4. Processing of personal data

    Molomics will process the data in a confidential and exclusive manner (fairly and lawfully) in order to offer its Services and Application, following all legal and security guarantees stated in the Ley Orgánica 15/1999, de 13 de diciembre, de protección de datos de carácter personal, in the Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y Comercio Electrónico and in the Royal Decree 1720/2007, de 21 de diciembre, por el que se aprueba el Reglamento de desarrollo de la Ley Orgánica 15/1999, de 13 de diciembre, de protección de datos de carácter personal. Molomics will expressly require previous consent from Users in order to use Users supplied data for purposes other than the provision of the Services offered by Molomics or the Application.

    The Personal Data supplied by Users will be included in an automated file of personal data of which Molomics will be the owner and will have responsibility.

    By voluntarily supplying Personal Data whilst completing and submitting the registration form, as well as using the Services or Application, User is thereby giving consent to the processing of personal data by Molomics with the purpose of managing the use of the Services and the Application, as well as to receiving information and reports related to the Website and the Application through the Website itself, the Application or via e-mail.

    Users may be able to access forums in which, prior allocation of a username, they will be able to participate in online conversations and exchange opinions related to the Services offered by the Website, as well as related to their experiences in the use of the Application. In no case, any information or personal data will be disclosed other than the username of any other User. With the voluntary and optional publication of personal data in the forums using the tools supplied by the Website or the Application, the User is aware and consents that such data will be accessible to other Users registered at Molomics.

    User Personal Data is confidential and Molomics is committed to its safeguarding. It will therefore not be disclosed, sold, transferred or supplied by Molomics to any third party without previous and express consent by the User.

  5. Use of the Personal Data

    Users agree that Molomics (or a supplier or group company acting on behalf of Molomics and under its instructions) may use the Users Personal Data for the purposes of:

    • (a) Contacting the Users to send updates about Molomics Services and the Application;
    • (b) Managing the Users account and relationship with Molomics and improving the Users experience when they use Molomics Services and the Application;
    • (c) Researching, surveying and engaging with the Users, as for example sending communications (including by email) for these purposes to the Users;
    • (d) Creating reports, analysis or similar services for Molomics sole use with the purposes of research or business intelligence, for example to track potential problems or trends with our Services and the Application;
    • (e) Marketing and promotion of the Molomics Services and the Application as well as related products;
    • (f) Preventing cheating, crime or fraud. Molomics may also have to pass the Users information to fraud prevention agencies and other organisations involved in crime and fraud prevention;
    • (g) If Users live in the European Union, for the purpose of providing VAT invoices where Molomics is required to do so by law or where requested by the Users; and
    • (h) As otherwise expressly set out in this Privacy Policy or as required by law.

  6. Collection and use of non-personal data (cookies)

    Molomics will be able to use cookies during the provision of its Services in the Website. This will enable Molomics to know when the Website is being visited and the number of Users. Additionally, Molomics will be able to identify the search engine and the IP address of the User. We use our own cookies as well as third party cookies in order to improve our services and show publicity related to your preferences by using an analysis of your browsing patterns. If the User continues to browse through the website, we consider the User accepts the use of cookies and gives consent to it.

  7. Share of Personal Data with third parties

    Molomics will only share the Users Personal Data with third parties:

    • (a) With the Users consent;
    • (b) As reasonably necessary in order to provide the Services to the Users (for example, by providing the Users Personal Data to suppliers of Molomics in order to fulfil the Services or to communicate with the Users);
    • (c) Where it is necessary to carry out the Users instructions (for example, to process a payment instruction, Molomics must provide your Personal Data to its payment processors);
    • (d) Where the Users data is on an anonymous and aggregated basis, meaning the Users could not be personally identified from it;
    • (e) When the Users submit information as part or functionalities of the Application or otherwise interact with the social media channels of Molomics (for example, by providing a testimonial about one of the Services of Molomics), Molomics may publish the information submitted by the Users, alongside their names and home country in the Website, the Application and social media channels of Molomics;
    • (f) As Molomics reasonably believes is permitted by law or regulation;
    • (g) In order to comply with any legal obligation, or in order to enforce or apply the terms and conditions of Molomics and/or any other agreement with the Users; or to protect the rights, property, or safety of Molomics, its Users, or others;
    • (h) In the event that there is a sale of assets of Molomics or corporate restructuring, or as a result of a change of control of Molomics, or in preparation of any of these events. Any third party to which Molomics transfers or sells Molomics’s assets will have the right to continue to use the personal and other information that the Users provide to us in the manner set out in this Privacy Policy. Molomics is not allowed to sell or rent the Users data to any third party outside of the above-mentioned circumstances.

  8. Interaction with third party social networks or platforms

    Users may allow the Services of Molomics to interact with a third party social network, which will provide data about Users. These applications or websites are created and maintained or controlled by a third party. Users should ensure that they read their terms of service and privacy policies to understand how they treat the Users data and what data they may share with Molomics

    Molomics may share data about Users with the Users contacts (and vice versa) so that Users may enjoy social usage (the “Social Data”). This Social Data includes Users name, the social media Users profile picture and the Users scores and/or progress in using Molomics Application.

    Users can introduce changes to the data a third party social network or platform shares with Molomics, or stop Molomics Services by interacting with that social network or platform and adjusting the Users settings with that third party provider. However, under such circumstances, Users will find that they are not able to enjoy all of the same features of Molomics Services.

    The uses of Molomics Services are automatically assigned to a user profile which is visible to other users of Molomics Services. The profile may include the Social Data described above, application achievements or other application usage information and details about the viewing of the User profile by other Molomics account holders.

    Each User profile will be visible to the other Users. Users may have the option to view another individual’s profile.

  9. Duration of the retention of the information

    Molomics will retain the Users Personal Data for as long as is necessary to fulfil the purposes for which it was collected or as needed to provide Molomics Services. Molomics will retain Users Personal Data after they have closed any account they have with Molomics or after Molomics has ceased providing Services to Users in the event that the retention of Users Personal Data is reasonably necessary to comply with Molomics legal obligations, meet regulatory requirements, resolve disputes between members, prevent fraud, cheating or abuse, or enforce this Privacy Policy or any other agreement Molomics have with a User.

  10. Safeguards

    With the objective of ensuring the security, integrity and privacy of the information in Molomics possession, Molomics follows generally accepted industry standards and maintains reasonable safeguard for such purposes.

  11. Payment information

    When Users purchase Services on Molomics Website, Molomics may collect payment information from you on behalf of Molomics payment service providers. However, this information is temporarily cached in a way that is unreadable by Molomics. When Users purchase items via its Application, Molomics does not collect or store any payment information from Users.

  12. Degrees of Privacy

    Users may protect the content published on the Website through different degrees of privacy if such privacy settings are offered by Molomics.

  13. Ad serving technology

    Molomics reserves the right to use and disclose the collected data for purposes of advertising. If any User does not want that Molomics uses the data in this way, please let it know by contacting Molomics at info@molomics.com

  14. Links

    Molomics controls the links to all third parties that may be found on the Website and the Application to the effect of ensuring that the third parties links follow the laws of industrial and intellectual property rights.

    Molomics wants to state its willingness and commitment in defending all industrial and intellectual property rights and not to promote directly or indirectly any illicit activity, such as providing intermediate services to third parties who subsequently use them to infringe industrial and intellectual property rights. If the User exits the Website or Application by entering in a third party Website through a link, Molomics will not be liable for the Privacy Policy of this third party.

  15. Transfer data overseas

    Personal data may be disclosed to third parties including third parties located outside the European Union or the European Economic Area in accordance with applicable legislation and this Privacy Policy. By accessing the Website and/or using the Services and the Application, the Users expressly accepts the international transfer of the voluntarily posted User Personal Data to other countries.

  16. Analytics

    User Personal Data will be used by Molomics to perform its own analytics and to enable analytics provided by third parties. The purposes of this analytic information is to support business analysis and operations, business intelligence, product development, improving products and services, personalizing content, providing advertising, and analyse the use of the Services. Such User Personal Data will only be used in an aggregate manner.

  17. Friends

    When choosing to use Molomics’s “tell a friend” or to order a gift certificate for your friend, Molomics may store the friend’s name and contact details that the User has provided.

  18. Limitation of liability

    Molomics assumes that the data has been introduced by its owner and that it is true and accurate. Users are the solely responsible for the information and/or content provided during the use of the Website, its Services and the Application.

    Molomics is not responsible for the possible inaccuracy of the data from Users, or for any consequences or problems caused by this inaccuracy.

    It is the User who guarantees the authenticity and veracity of all data supplied to Molomics and she/he will be the sole responsible for all false or inexact statements, as well as for data that might induce error. No false or inexact data must be recorded, or any other that might induce or generate error.

    Molomics will not be liable for any incidents that may occur relating to Personal Data when this is a result of an attack or an unauthorized access to the system which is difficult or impossible to detect by the implemented security measures, or when it is due to a lack of diligence by the User regarding the guardianship and custody of its username and passwords or their own personal data.

  19. Industrial and Intellectual Property rights

    Molomics is the exclusive owner of the Application as well as the rights for the trademarks, brands, designs, logos and trade names appearing on the Website and on the Application, or have been assigned by third parties under license to Molomics, and prohibit their copying or unauthorised reproduction.

    The Website and Application may include links that let Users access third party websites. Molomics is committed to respecting the industrial and intellectual property rights and expects Users to act in a similar manner.

    According to the law in effect at the time, Molomics responds promptly to claims for infringement of industrial and intellectual property rights that are allegedly committed by Users on the Molomics Website or in the Application. Such claims shall, where appropriate, be notified to the appropriate authorities.

    In the event that the User, to the best of her/his knowledge and belief considers that any of her/his rights are being infringed, please notify Molomics by sending an email to info@molomics.com.

  20. Modifications

    Molomics reserves the right to change its Privacy Policy Unilaterally without prior notice at any given time and without need of justifying cause. The nature of the changes operated by Molomics about the Privacy Policy will be duly communicated by Molomics through the Website.

    Nevertheless, the User should always ensure first if there have been any changes to the Privacy Policy in the Website when accessing the Website or the Application.

    In the event of any changes or modifications to the Privacy Policy, the User must accept the totality of the new Privacy Policy and its terms, including the introduced modifications and changes. After the incorporation of new content in the Privacy Policy, the User will declare having read and accepted all new content.

    In the event of modification, change or resolution of any of the content in this Privacy Policy relating to any Court decision issued by a competent judge or court or under an award made by an arbitrator or a Court of arbitration, the other contents which have not been modified, changed, or resolved will remain in force and shall apply to the Users.

  21. Data correction

    Molomics makes good faith efforts to enable Users to review, update or correct their personal data in Molomics’s possession. In order to do so, Users should contact Molomics at info@molomics.com.

  22. Special Note about Children’s Privacy

    Molomics will never knowingly collect personal data from children under 14 years of age. If Molomics learns that Molomics has inadvertently gathered personal data from children under 14 years of age, Molomics will take reasonable measures to promptly remove and delete such personal data from Molomics’s records.

    Features and services such as social networking plug-ins, behaviourally targeted advertising, and collection of data for the purpose of building user profiles are not available to users under 14. Molomics also does not allow its third party partners who engage in such practices to access personally identifiable data from users under the age of 14.

  23. Complaints

    In the event of any problem with the use of the Users Personal Data, please contact Molomics customer services department by emailing info@molomics.com.

    Likewise, Users have also the right to complain to their local data protection authority if there is a problem.

  24. Applicable law and jurisdiction

    This Privacy Policy shall be governed by the current Spanish legislation at all times. Any controversy arising from the use of the Website or the Application on behalf of the User, as well as any issue that might occur from the interpretation, application or performance of this Privacy Policy shall be exclusively submitted to the jurisdiction of the Judges and Courts of the city of Barcelona (Spain).

This Privacy Policy has been reviewed and updated on 5th December 2016