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 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 we collect from you, including health data, will be processed to provide you with services and improve user experience. 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.
 

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 and the Cookies 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 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.
 

During the registration process, we will ask you to accept the Terms and Conditions of Use, the Privacy Policy and the Cookies Policy. You will then receive an email in which we will ask you to verify the registration via a link that will forward you to a website for the registration's final confirmation. Only then will the registration process be considered as completed.
 

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

The application will allow you access, depending on the type of subscription, to integrated services and service websites. These applications or websites may have their own terms and conditions of use and privacy policies, which you must accept at least when first accessing.
 

Cancellation of the user account

Users can cancel the account by requesting it via the email address dpogrupodkv@dkvseguros.es. 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

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 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.