Activa DKV App
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 to the "Activa DKV App" (hereinafter, "application" or "app"), which gathers in a single application all the functionalities that enable them to manage digitally and simply their health policy. If you have the QC+ application installed, you will be able to access the functionalities of this application through a single registration: telemedicine services, verified medical information, updating your data, processing of reimbursements and authorisations, processing of medical appointments, learning about the Healthy Living Index, managing your personal health biography, signing up for healthy life plans and acquiring complementary services to take care of your health, even being able to manage electronic medical prescription services.
The data you provide, including any health data, will be processed in order to provide you with the services and improve their use. 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 App do not have a purpose of diagnosing diseases, although via the QC+ application, in some cases it may involve providing electronic prescriptions through this 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.
The position of DKV Seguros in relation to the private medical prescription is the same as that taken by 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. 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.
How to open an account
In order to use the application, you must first download the application, register and open a user account or register via the website. 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 or your company's social benefit plan.
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.
DKV will allow taking out different health modules and 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. 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 Seguros 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 withdraw access to the Application at any time without prior notice to users who breach these general terms and conditions or any particular terms and conditions applicable to each particular service. Likewise, when health plans or payment services have been taken out, it may refuse their access in the event of non-payment of the subscription amount. 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.
"App Activa" is a legally registered trademark, and its use is prohibited without the authorisation of its holder.
Liability for content generated by the User
The User will be fully responsible for all the content and information they share with DKV 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.
Liability for content generated by the User
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 measures 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 state-of-the-art technology of the information security measures that the User has configured on the devices on which they install the application.
Liability for content generated by the User
Based on the type of subscription, the application will provide Users access to applications, 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.
Cancellation of the user account
Users can cancel the account by requesting it via the email address email@example.com. The cancellation of the user account enables DKV to delete all the content added by the User and block access to the content of previously provided consultations. When Users are subscribed to health services, they will no longer be able to access these services after they cancel the subscription.
In addition, DKV will have the right to immediately cancel their status as a User and delete their user account, specifically, (i) in the event of a serious or repeated infringement of the provisions of these Terms and Conditions of Use; (ii) if, for business reasons, it decides to stop providing access to the Application; or iii) if the policy is cancelled or terminated for any reason.
Changes to the General Terms and Conditions of Use
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 Courts and Tribunals of the consumer's address.
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 view, and you can download them free in PDF format. 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.
The DKV Seguros Group not only insures its customers but it also protects their fundamental right to privacy. We have adapted to the new information requirements in this area required by the general data protection regulations (hereinafter, GDPR) and the Organic Law 03/2018 of personal data protection and guarantee of digital rights (hereinafter LOPDGDD). Below you will find important information on these requirements.
Details entered and 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, among others, will be added to a file owned by DKV Seguros y Reaseguros S.A. (Sociedad Unipersonal) with registered office at Avenida María Zambrano 31, 50018 Zaragoza, Spain, and will be processed automatically according to the applications integrated into the application you access, for the following purposes:
your data will be processed to facilitate the digital self-management of your health insurance policy on the basis of the contractual relationship and in accordance with the legitimate interest for the correct provision of the service and for the correct use and maintenance of the application and the information about our products and services.
Digital self-management of your health policy (among others, data update, processing of reimbursements and authorisations and medical appointments).
Facilitate the use and maintenance of the Application.
Facilitate the comprehensive processing of said data by the User.
For direct marketing purposes, to inform you of our products and services and of that of third parties that are always mutually related or in which you may have a genuine interest to consume.
Segmentation and analysis of profiles based on use and other variables, which allow improving usability and the incorporation of new functionalities.
Recording and Maintenance of consultations via chat (customer service support) for monitoring and consulting purposes by Users and professionals
Integration with the QC+ application
When accessing each application, we will ask you to accept the terms and conditions and provide your consent for the specific required processing.
In the event of accessing the functionalities of the QC+ App, you may check the described symptoms with verified medical information, learn about the Healthy Living Index, manage your personal health biography, sign up for healthy life plans and acquire complementary services to take care of your health, even manage electronic medical prescription services.
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 services, inform you about products, services and promotions 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, and it also has a duly approved and available network of medical volunteers that, temporarily, in situations of exceptional increase in the demand for the use of certain Application functionalities, such as the telephone assistance, can provide these same services, complementing the already established network.
These third parties, whether the established or voluntary network, as data processors, will access and process your personal data for the sole and exclusive purpose of providing DKV with the relevant services, always under its instructions
To comply with this purpose, you may therefore receive email communications from DKV and third parties, especially from other DKV Seguros Group companies.
The security of personal data is highly important to DKV, which applies the highest security standards, as well as 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.
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 identifying themselves with their full name and ID document to DKV Seguros (FAO: Data Protection) at Torre DKV, Avda. María Zambrano, 31, 50018 Zaragoza (Spain). You can obtain further information about your rights and how to manage your privacy in the application.
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 firstname.lastname@example.org.
Cancellation of registration
Use of QC+ and health biography
If you have the QC+ App installed, this application will also allow you to access its functionalities through a single registration and to manage your medical documentation with due security guarantees. However, DKV Servicios will not share with DKV Seguros the information in the QC+ App. DKV Servicios will manage and 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 QC+ Application, so that you can access them personally with a single username and password.