Salud +

General Terms and Conditions of Use and Privacy Policy

DKV SEGUROS Y REASEGUROS S.A., with corporate domicile at Torre DKV, Avenida María Zambrano 31, 50018 Zaragoza, with Tax ID No. A50004209 and registered in the Companies Register of Zaragoza, in Volume 1,711, Folio 214, Sheet Z-15.152, (hereinafter, "DKV" or "DKV Seguros"), provides the User in accordance with these General Terms and Conditions of Use access -with a unique password- to the "Salud+ App" (hereinafter, the "application"), which enables them to manage digitally and simply their health policy.

DKV Seguros provides access to your policy's provisions via the application, which are among others: receiving telemedicine services, updating your details, managing authorisations and medical appointments, contacting a personal medical adviser for medical guidance and obtaining verified medical information.
 

The data you provide, including any health data, will be processed in order to provide you with the services and improve the use of the application. To do this, we also need to register your username in DKV Servicios, which is the company that manages DKV Seguros' digital health services.

In general terms, the services offered through the application do not have a purpose of diagnosing diseases, although in some cases it may involve providing electronic prescriptions through the application. These prescriptions do not imply the cancellation or modification of any medical treatment being carried out, unless indicated in this regard by your doctor due to possible incompatibilities. 
 

In relation to the private medical prescription, DKV Seguros shares the position of the collegiate medical bodies and declarations from various professorships in universities regarding clinical ethics in terms of recommending that the diagnostic phase be always carried out in person with the aim of conducting a more accurate initial analysis and treatment than when carried out telematically. However, we recommend the use of this feature of our application when it comes to monitoring diseases that may be chronic or require the electronic prescription of medication, after the diagnosis has been confirmed. Therefore, depending on the speciality, in certain cases that have already been repeatedly diagnosed the application can replace a visit to your habitual doctor or specialist. Nonetheless, it is not a sufficient reason for users not to visit their doctor in person for clarification purposes if deemed appropriate or if part of the service cannot be provided via teleconsultation, such as diagnostic tests, X-rays, and so on.

These General Terms and Conditions of Use establish the legal framework for using the application. We recommend that you read them carefully, as together with the Privacy Policy, they make up the contract that will govern their use.
 

 

 

How to open an account

In order to use the application, you must first download it, register and open a user account. To open a user account, you must be over 18 years of age and have full legal capacity. In addition, you can register and use services for relatives provided that there is prior authorisation of the same or legal authorisation (for example, minors for which the user is responsible).
 

Access to certain Services may be conditional to the individual acquisition thereof through plans or to their inclusion in the provisions of your insurance policy.

During the registration process, we will ask you to accept the General Terms and Conditions of Use and the Privacy Policy. 
 

 

 

Correct use of the application. Scope of liabilities

The advice or recommendations provided through the application are always based on the truthfulness and accuracy of the information provided by the User and will not be deemed as a medical prescription, even if signed or explained by a health professional.

They shall only be deemed as such those processed through the functionality destined to it in the application, complying with the criteria set forth in Royal Decree 1718/2010, regulating electronic prescriptions and dispensing orders, and Royal Legislative Decree 1/2015, of 24 July, which approves the consolidated text of the Law on Guarantees and rational use of medication and health products and as established in Article 19.2 thereof, as we detail further in the Electronic Prescription section of these Terms and Conditions.

DKV provides access to the health services, but it acts exclusively as a facilitator and, therefore, is not liable for the use that the application's Users make of the contents or its transfer to third parties.


The right of the User to freely and voluntarily choose a doctor implicates the absence of direct, joint or subsequent liability of DKV Seguros with regard to the actions of such doctors, where it has no control capacity owing to the protection of professional secrecy, the confidentiality of health details and the prohibition of third parties gaining access to data in the health sector. Therefore, with regard to the provision of the services taken out through the application, the User releases DKV Seguros y Reaseguros S.A.E. from any liability for direct or indirect damages arising from actions or omissions that originate in the provision or taking out of services through the application. all of this without prejudice to any actions that the User may take against the practitioner(s) responsible for monitoring the pathologies.

The User agrees to use the application, its content and services in accordance with the law, these General Terms and Conditions of Use, the specific conditions of any plan taken out and of each of the services acquired, good market practices and public order. Likewise, the User undertakes not to use the application or the services offered for illicit purposes or effects contrary to the purpose of these General Terms and Conditions of Use that may harm the rights and interests of third parties, DKV or Group companies or that may in any way damage, disable, overburden, or impair the application or prevent the normal use or enjoyment by other users.

The user must not:

• Extract information, messages, graphics, pictures, sound files and images, photographs, recordings, software and, in general, any type of material accessible via the application, except for those made available through the application. In this regard, we inform you that the application and our electronic and computer means include content protected by copyright, of which we are the owners or have the corresponding rights of use as licensees. As the holder and/or licensee, we grant you the non-exclusive, non-transferable right to use the content on a non-commercial basis and in accordance with these Terms and Conditions of Use. For clarification purposes, exclusively, we inform you that the right to use said content granted to you by opening the user account does not cover disseminating or publishing our content, which is forbidden. The right to use our content will expire when your user account is cancelled or suspended.

• Manipulate identifying or authoring data of the application holder.

• Facilitate ambiguous and vague personal data that do not allow correctly identifying the corresponding individual.

• Provide details, texts, messages, images or videos that may be considered offensive or illegal, harmful to human rights or, in any other way, degrading or disrespectful to other people, especially to those who suffer from an illness.

• Manipulate the technical measures used to protect content or information and, in general, the configuration of the application.

DKV Seguros may deny or restrict access to the application at any time without prior notice to users who breach these General Terms and Conditions of Use. It may also deny access in the event of default on the premium's payment.

Please bear in mind that the Application is aimed exclusively at consumers. Consumers are understood to be individuals who use the Application for private and individual purposes and who are not part of a business activity or self-employed workers. The Application's use for commercial and professional purposes of any kind is expressly prohibited.

"Salud+" is a legally registered trademark, and its use is prohibited without the authorisation of its holder.
 

 

Pairing of fit-bit devices

With the aim of providing a more accurate advice, the application allows you to pair a fit-bit device, so that the data generated by the device and stored on the Connected Life platform can be checked by your personal medical adviser.

When pairing the device, you expressly authorise your personal medical adviser to access the data generated by the device and stored on the Connected Life platform.

 

 

Management of Private Medical Electronic Prescription

This is a pioneering application in the telemedicine sector due to it integrating with the application of a provider, which has been duly approved and audited by Organización Médica Colegial (Spanish Medical Association), to provide electronic prescriptions through the REMPe (Private Electronic Medical Prescription) system, an approved portal that has passed the most stringent audits to dispense e-prescriptions from pharmacies.

When using this service, the management process will start with a consent that you must grant to the doctor behind our telemedicine platform to access the REMPe platform, your allergies and your current list of prescribed medication using your electronic ID or ID details. From that point onward, the doctor will have access to your active treatment and will be able to add new treatments to the electronic prescription system. You can tell your doctor to treat a medication with special confidentiality, so that it can only be dispensed by the pharmacist to which you hand over the PINTEC safety code and by none other.


In that procedure, the prescribing doctor will issue an active treatment sheet (merely informative for you), which can be sent to you by email; if you do not have an electronic ID, the treatment sheet will include identification codes (TIN and PINEC) that will allow the pharmacist to identify you on the REMPe platform and your treatment in order to dispense it.

DKV Seguros is not responsible for pharmacies and their management systems being integrated or not with REMPe or for the pharmaceutical management system being operational at that time, in which case REMPe offers a website so it can be temporarily dispensed. DKV Seguros will neither be responsible for the technical and organisational security measures implemented by the pharmacist in their offices, nor of the timely acquisition by pharmacists of the appropriate consents prior to the processing of your personal data.


The pharmacist will ask you for authorisation, followed by your e-prescription on your mobile device or in printed format. You must show the TIN code (or PINTEC if it is highly confidential). The system is able to check if you have already used the e-prescription in question in any other pharmacy, preventing it from being used again, unless you request it again from the prescribing doctor through the platform.

Our third-party platform has maximum clinical security, with an alert and support system aimed at detecting interactions with medication, duplications and allergies. The pharmacist will be provided a means of communication with the doctor to inform of any anomaly or problem that may arise from monitoring your medication.
 

 

 

Liability for content generated by the User

The User will be fully responsible for all the content and information they share with DKV and third parties through the application (including the description of symptoms, photographs and videos). DKV shall bear no responsibility for this content and information or for their safe transfer from the User's own electronic devices to healthcare professionals.

The User agrees to abide by all applicable laws and regulations when sharing their own content via the application. Regardless of whether or not it constitutes a criminal offence, the delivery of content of a pornographic, sexual, violent, racist, seditious, discriminatory, insulting and defamatory nature is forbidden.


Similarly, you must avoid the violation of third party rights, in particular, third party personal rights and third party intellectual or industrial property rights ( copyright and trademark rights, among others). First and foremost, the User must be the holder of the rights to any image they share through the application.

DKV Seguros will have the right to delete any content that it considers illegal or contrary to the aforementioned principles, at any time and without prior notice. If the user violates these principles, DKV Seguros may warn them, temporarily block their account and even terminate the user contract.

In the event of non-compliance by the User (whether due to negligence or wilful misconduct) with the principles indicated in relation to the content and shared information, DKV Seguros will remain exempt from any third-party claim arising from this breach, reserving its right to claim the corresponding compensation for damages from the non-compliant User.
 

 

 

Limitation of warranties and liabilities

DKV does not monitor or guarantee the absence of viruses or other elements in the content that may cause alterations in its devices (software and hardware) or in the electronic documents and files stored on said devices.

DKV shall not be liable for damages of any kind due to the presence of viruses or other elements in the content that may cause alterations in the Users' computer system, electronic documents or files.


Likewise, DKV does not accept responsibility for any application malfunction resulting in an incorrect or inappropriate result. For this reason, we remind you that the use of certain application functionalities must never replace an in-person medical consultation or the carrying out of the medical tests or treatments prescribed by a doctor.
DKV guarantees that the expected integrity and availability complies with international standards and national and European data protection regulations and that, with regard to electronic prescription processes, the application's protocol for communicating with the REMPe system are encrypted as set forth in Article 8 of Royal Decree 1718/2010 and that its level of resilience has been tested.


Please note that the reports generated by the application are based on the information provided by you and should not be considered a medical report or record, with the sole exception of all documentation generated within the process of issuing and dispensing electronic prescriptions, which will be part of this medical record.

DKV will do its utmost to guarantee the confidentiality and security of the data provided by Users. However, due to communications via the internet being affected by many factors beyond its control (including the User's computer settings, the security applied to public telecommunications networks, etc.), DKV cannot guarantee that transfers of information are completely secure.
DKV is not responsible for the user having information security measures updated and correctly configured on the devices on which they install the application.
 

 

 

Integrated services

In the event of accessing integrated services and websites selling services, these applications or websites may have their own terms and conditions of use and privacy policies, which Users must accept at least when first accessing.
 

 

 

Termination of the insurance contract

The termination of the insurance contract grants DKV the power to cancel access to the application and proceed to block the data generated by the user.
 

 

 

Changes to the General Terms and Conditions of Use

DKV reserves the right to change and adapt the application's General Terms and Conditions of Use and Privacy Policy in order to enhance the user experience, include new functionalities and services, adapt to regulatory changes and make the application more efficient and secure. We will inform you when any change is made, and we will ask you to accept it the first time you access the application.

The User's non-acceptance entitles us to block and cancel immediately the account so that the new General Terms and Conditions of Use can be applied. 
 

 

 

Applicable Law and Jurisdiction in the event of a dispute

The relationship between the parties is regulated exclusively by Spanish law and within the competence of the Spanish Courts and Tribunals. 
 

 

 

Downloading the General Terms and Conditions of Use

The accepted General Terms and Conditions of Use will be available in the application for you to see, and you can download them in PDF format in the "My preferences" section. If you need help saving the file, please refer to your browser's help instructions. When opening a PDF file, you may need a special program that processes PDF files.
 

 

 

Privacy policy

The Privacy Policy, which is part of these General Terms and Conditions of Use, governs and explains how your data will be collected and processed, as well as how to exercise your privacy rights. Read it carefully, as it is a prerequisite for these General Terms and Conditions of Use. If you do not agree with our Privacy Policy, please refrain from using the application.
 

 

 

Data processed through the application

The personal data you provide through the application, including your identification, contact, location, image and voice (including those collected through video conferences and calls) and medical data, will be processed by DKV Seguros y Reaseguros S.A. (Sociedad Unipersonal), as the Data Controller, with registered office at Avenida María Zambrano 31, 50018 Zaragoza, Spain, to execute the contract for the following purposes:

• Digital self-management of the health policy (data update, authorisations and medical appointments).

• Facilitate the use and maintenance of the application.

• Enable the subscription to health plans.

• Manage the purchase of services with sufficient guarantees.

• Check the symptoms you describe with evidence-based medical information.

• Incorporate the data generated by the use of applications and services, professionals or medical centres.

• Facilitate the comprehensive processing of said data by the User.

• Medically guide you, facilitate access to evidence-based medical information and a personal medical adviser to receive medical guidance and contact healthcare professionals.

• Facilitate access to personalised offers on health and well-being products and services or those considered of interest to the user, through vouchers or direct purchases.

• Segmentation and analysis of profiles based on use and other variables, which allow improving usability and the incorporation of new functionalities.

• Record and Maintain consultations via chat with healthcare professionals for monitoring and consulting purposes by Users and professionals.
   

Your data will be communicated to DKV Servicios SA, a subsidiary of DKV Seguros that processes the digital health services for managing the healthcare process and the medical professionals who will provide you with advice and assistance. Through the DKV Servicios telemedicine platform, your personal medical adviser will be able to view the basic information regarding medical acts of customers. Please bear in mind that the medical information and content provided by the User or that are incorporated through the integration with applications, devices or service providers, such as health data, medical reports, results from diagnostic tests and physical activity, description of symptoms, photographs and videos and acquisition of medical services will be stored and processed via the application.


DKV Servicios will keep the medical information generated by using the application in accordance with the requirements established in Act 41/2002, which regulates the patient's independency and the rights and obligations with regard to clinical information and documentation, and in current regulations.

To guarantee the User's privacy, the application will not record the content of medical consultations made by phone or video call. The content of the consultations via chat will be kept encrypted and will be accessible only to the user and the assisting professional for an indefinite period, unless the user requests its deletion. In both cases, only the date, time and speciality will be recorded. 
 

 

 

Service providers and delivery of communications

By accepting this policy, you authorise DKV to provide or enable third parties to access your data in order to manage the access to the services and provisions of your policy, inform you about products, services and promotions associated to the policy that may be of your interest and, in particular, to IT providers to make improvements to the functioning of the online access and the application.

With regard to the processing of personal data for medical and healthcare purposes, DKV has an approved and audited network of healthcare professionals at par with the highest quality standards. To comply with this purpose, you may therefore receive email communications from DKV and third parties.
Data security.


DKV applies the highest security standards and the technical and organisational security measures provided for in applicable regulations. In particular, your personal data will be encrypted when it is transmitted via public or wireless electronic communications networks.

DKV will employ the relevant security and organisational measures to guarantee the security, traceability, backup and recovery and confidentiality of personal data to the greatest extent possible.

The data provided by the User may not be used for any purpose other than those described in this Privacy Policy, unless the User has provided their prior express consent in accordance with the provisions of the European Regulation on Data Protection and other regulations on data protection applicable at any given time.
 

 

 

Privacy rights

Users can access their rights of access, rectification, limitation and opposition to processing, as well as the right to the portability of personal data or definitive erasure of the service in accordance with current regulations by writing and certifying their identity by means of a current ID document to DKV Seguros (FAO: Data Protection) at Torre DKV, Avda. María Zambrano, 31, 50018 Zaragoza (Spain) or by email to arco@dkvseguros.es. If you are not satisfied with the answer to your request, you can resort to the Spanish Data Protection Agency  www.aepd.es

If you have any questions about Privacy or you want to report an incident, you can contact the Data Protection Officer, that is, the DKV Group by email at dpogrupodkv@dkvseguros.es.
 

 

 

Withdrawal of consent

In addition to accepting our Privacy Policy and the General Terms and Conditions of Use, in order to register in this application you must grant your consent, since there may be especially protected data, as set out in Article 9 of the Data Protection Regulation. If you do not accept these conditions, you will not be able to use this application's functionalities, which aims to facilitate the management and access to your policy's cover.

If you decide to withdraw your consent, please contact arco@dkvseguros.es so they can cancel your username within one month. Please be informed that you will not be able to enjoy the application's purposes and provisions.
 

 

 

Third-party services

If the application includes links to other websites, services or applications that are owned or controlled by third parties, DKV shall not be responsible for their data protection policies or practices. The User must check that the data protection policies and practices are acceptable before using them.
 

 

 

History

The application will enable you to access and manage your medical documentation whenever you need to, with the appropriate security guarantees. DKV Servicios will custody on its servers the reports, analysis results and diagnostic tests that the laboratories, medical centres and doctors provide or that you add to the application, so that you can access them personally with the username and password you registered.
 

 

 

Consent

I have read and understood the General Terms and Conditions of Use of the app and its privacy policy. Therefore, I accept and grant my express and unequivocal consent for the purposes indicated above. Also:

Any data you provide, including health data, will be incorporated into the application for the purpose of facilitating the consultation and managing your medical history and of DKV Servicios SA (DKV Seguros subsidiary) communicating and processing your data to manage the healthcare process by medical professionals, to provide medical advice and to access the services taken out.


Following your acceptance, we will register your username in DKV Servicios' database so that you can access all the provisions with a unique identity. This step is required. If you decide not to accept, you will not be able to use the application's functionalities, and you will have to use other channels at your disposal.

By accepting, you expressly authorise the laboratories, medical centres and doctors, as well as DKV Seguros, to process and communicate your personal data, including health data contained in medical reports and diagnostic test results, for the purpose of making them available for consultation to you and your personal medical adviser with the aim of being able to appropriately manage the healthcare cover and services taken out.