General Terms and Conditions for using the Kaksi mobile application and the services offered through it

I.                    General Information.

1. DZI - Life Insurance JSC, UIC 121518328, having seat and registered office address: city of Sofia, 89B, Vitosha Blvd., carrying out insurance activity according to Permit to carry out insurance activity No. 2/13.05.1998, using the Internet page www.dzi.bg.

2. The supervisory body of the insurance company is the Financial Supervision Commission, with address: Sofia, 16, Budapeshta Street.

3. The KakSi mobile application shall provide services related to improving the health of the user through a smart algorithm for analyzing user activity, access to health tips and articles, provision of special offers from DZI - Life Insurance JSC, DZI - General Insurance JSC and other partners of these companies, as well as access to the health insurance services of DZI - Life Insurance JSC, through a digital health card, access to online portals for medical care, which can be based on applications or web-based services ("Mobile Services" ). These mobile services shall be provided free of charge and can be used by all registered users.

4. These General Terms and Conditions shall govern the relationship between DZI - Life Insurance JSC, on the one hand, and the users of the mobile application, on the other, in connection with the installation and use of the mobile application and the services provided by it.

 

II.                Registration and installation.

1. The application shall be available for download and installation on end mobile devices in the Google Play Store and the Apple Store. For the normal use of the application, it shall be necessary to have end mobile devices (smartphones) of users working with operating systems Android 10, iOS 13 and subsequent, newer software versions, as well as a connection to the Internet - mobile or wireless (Wi-Fi). If the user does not have the appropriate software, hardware and/or internet connection, the use of the application shall be prevented. Data traffic when using the application, both in Bulgaria and abroad (roaming), shall be charged and priced according to the terms and conditions of the subscription or prepaid plan used by the user, and the applicable price list of the serving mobile operator.

2. In order to make a successful registration in the mobile application, it shall be necessary for the user to provide his/her phone number, on which he/she shall receive an activation code. Initial registration in the mobile application shall be done by entering a phone number and filling in the unique activation code that the mobile application shall send to the user in the form of an SMS. The mobile application shall allow the maintenance of only one active session from one mobile device.

 

III.             Acceptance and consent.

1. The user must carefully familiarize himself/herself with these General Terms and Conditions and the Information on the protection of personal data before marking his/her agreement with them and continuing the registration process in the mobile application. In the event that the user does not agree with any of the provisions of these General Terms and Conditions, he/she shall not be able to access or use the mobile application, nor the software, services, information or any functionality thereof.

2. The use of the services in the mobile application shall be based on these General Terms and Conditions. By checking the appropriate box during initial registration, the user shall:

2.1. agree that this electronic statement shall constitute his/her electronic signature, within the meaning of the Electronic Document and Electronic Authentication Services Act;

2.2. expressly agree that the legal force of the electronic signature thus placed by him/her shall be equivalent to the legal force of his/her handwritten signature;

2.3. expressly agree and shall be bound by these General Terms and Conditions.

3. In case, after registration in the mobile application, the user decides that he/she does not agree with any of the provisions of these General Terms and Conditions, the user must delete his/her account (unregister) and uninstall the mobile application. The absence of such deregistration, respectively the use of the mobile application, shall mean that the user agrees to the General Terms and Conditions at any moment from their acceptance until deleting his/her account and uninstalling the mobile application.

4. DZI - Life Insurance JSC shall own all the rights to the mobile application necessary for its reliable  use. Nothing in these General Terms and Conditions shall be deemed to confer any rights in favour of users other than the right to use the services in the mobile application in accordance with the terms and conditions detailed further down in this document, as well as in documents to which these General Terms and Conditions terms refer.

5. In the event of a change to the present General Terms and Conditions, DZI - Life Insurance JSC shall notify in advance thereof the mobile application users, who shall expressly state their agreement and commitment to the texts of the new General Terms and Conditions.

6. DZI shall have the right to unilaterally change these General Terms and Conditions without notifying the user in advance, when the changes concern the technical requirements for using the mobile application, changing the scope of its functionalities, publishing new versions.

 

IV.             Definitions and terms.

User of the mobile application – a natural person who has installed the mobile application and successfully registered in the application..

Server – a device or a system of connected devices on which, or on one of which, system software is installed to perform tasks related to storing, processing, receiving or transmitting information.

Electronic document – content, text record stored in electronic form on magnetic, optical or other media that can be reproduced.

 

 

 

 

V.                Completeness and accuracy of information. Limitation of liability.

1. DZI - Life Insurance JSC shall not be liable in the event of non-fulfillment of its obligations to provide services, which has occurred as a result of extraordinary technical or communication reasons, such as, but not limited to, breakdown of information systems, interruption of communication lines, interruption of electrical supply etc., as well as in extraordinary circumstances, such as natural disasters, nationwide strikes, technical failures that are beyond the company's control.

2.  DZI - Life Insurance JSC shall not be liable for wrong, incorrect data or data entered in bad faith by the user.

3. DZI - Life Insurance JSC shall not be liable for damages that occur as a result of circumstances beyond the control of the Company, such as, but not exhaustively: in the case of acts of God, accidental events, force majeure, problems related to access and connection to the Internet, problems due to the customer's equipment, as well as in the case of unauthorized access or intervention by third parties.

4. DZI - Life Insurance JSC shall not be liable for damages caused to users' software or hardware, or for data loss in connection with the use of the mobile application.

5. DZI - Life Insurance JSC shall not be liable for damages resulting from the use of someone else’s personal data by a third party in violation of these General Terms and Conditions, as well as for inaccurate or falsely provided data and information.

 

VI.             Types of users.

Two types of users shall be differentiated in the mobile application – standard users and premium users.

1.       Standard users.

Standard users shall have unlimited access to the mobile application and its functionalities, including standard offers in DZI Store, with the exception of special offers in DZI Store, valid only for users with premium status.

2.       Premium users.

Premium users can make unlimited use of the app's functionalities, including access to special offers in the DZI Store, valid only for this class of users.

In order to be able to switch from Standard user status to Premium user status, the user shall need to digitize his/her health insurance card "Health" or "Comlex Medical Care" through the functionality "Add DZI health card".

 

VII.          Functionalities and services.

1.         News.

1.1. The mobile application shall provide a service for accessing information provided by DZI - Life Insurance JSC, DZI - General Insurance JSC and their partners.

1.2. The copyrights of the materials published in the "News" section shall be fully and solely owned by the party that has provided them.

1.3. DZI - Life Insurance JSC shall not be liable for the information provided by other parties and published in the KakSi mobile application.

2.      Notifications and notification management.

2.1. After completion of registration, all types of notifications in the mobile application shall be automatically turned off (by default), being the following types:

·      SOS alerts and emergency contacts

·      Notifications for new friends and registration via user link

·      New quizzes

·      New publications in News

·      New offers in DZI Store

·      DZI Energy, activities and training

·      General notifications

·      Health notifications

2.2. Each user can actively manage the notifications he/she wants to receive by the categories described above, by enabling the ones he/she chooses or all together.

2.3. The management of personal preferences for receiving notifications shall be done through the "Manage notifications" section, in the "Profile" submenu of the mobile application.

 

3.     SOS alert and emergency contacts.

3.1. The application shall provide a service for notifying emergency contacts in case of need, including submission of exact or last known location.

3.2. In case of an urgent need for help, the user can activate the SOS signal function. Activation shall allow the user to generate a call to tel. 112, as well as a notification to his/her emergency contacts. The user shall choose who his/her emergency contacts shall be. All emergency contacts who are KakSi users shall be sent a notification containing the geolocation of the user who has sent the alert, as well as the latter's Health File, in case the user has explicitly allowed the mobile application to send personal information. Emergency contacts who are not users of the application shall be sent an SMS notification with the GPS coordinates of the person who has sent the alert.

3.3. In order to be able to generate an SOS signal, it shall be necessary for the user to have access to the Internet (Wi-Fi or mobile data). The application shall enable the user to see the location of persons added and registered in the application, who have given their consent to be the user's contacts, through the "Follow" feature. This function shall allow the geolocation of all added friends to be displayed upon request.

3.4. The information about the location, respectively the user's GPS coordinates shall be stored on his/her device and retrieved from the factory built-in functions of the mobile phone, respectively applications.

4.     Invite friends.

The mobile application shall allow users to add their friends to the mobile application. It shall be necessary for the user to provide access to his/her phone book in order for the application to recognize and classify his/her contacts as users of the mobile application, providing a direct possibility to add them as friends or as his/her contacts who are not users of the application, allowing sending an invitation to join.

The mobile application shall incentivize users to send invitations to join to third parties who do not have an active registration in the application, rewarding users with DZI Pearls.

 

5.     Activities.

5.1. Users of the mobile application can track their physical activity as well as various health indicators in the mobile application by providing their consent for the mobile application to access and read information from the operating system manufacturer's software built-in health applications (e.g. Apple Health, Google Fit etc.).

5.2. The health information displayed in the mobile application in the "Activity" menu, "Activity" section, with the exception of DZI Energy, shall be calculated, recorded and processed by the user's device, and the mobile application shall not be liable for its reliability.

5.3. DZI Energy shall be a smart algorithm based on historical information about users' physical activity levels, which changes every day in order to motivate users to increase their physical activity. DZI Energy shall calculate information on physical activity levels by reading data from built-in health applications (e.g. Apple Health, Google Fit, etc.) developed by software solution providers for the respective operating system.

 

6.    Training workouts.

Each user of the mobile application shall have the right to create personal running or walking workouts to track the route, distance passed, elevation gain and training time. To do this, the mobile application shall connect to the built-in health application (e.g. Apple Health, Google Fit, etc.), as well as the built-in geomap of the user's device, so that it can visualize the route and activity information.

 

7.     Avatar.

7.1. The mobile application shall allow each user to create their own unique Avatar. The avatar shall be a dynamically changing 3-D visual element that shall be directly linked to the user's physical activity levels.

7.2. When physical activity increases, according to the levels set with the DZI Energy smart algorithm, the user shall increase the level of his/her Avatar. If the goals set with the DZI Energy algorithm are not achieved, the user shall lower the level of his/her Avatar.

7.3. Each next higher level of Avatar shall allow the user to accumulate more DZI Pearls, upon achieving the daily goals set through the DZI Energy algorithm.

 

 

8.     Quizzes.

The mobile application shall also enable users to earn additional DZI Pearls by participating in various quizzes on topics related to the content published in the News section.

The provision of each correct answer shall be rewarded by the mobile application with additional DZI Pearls, the number of which shall be predetermined..

 

9.     DZI Pearls.

9.1. DZI Pearls shall be a kind of digital currency in the mobile application, which shall allow users to accumulate it through various activities. Users shall be able to convert their DZI Pearls into offers offered by DZI - Life Insurance JSC, DZI - General Insurance JSC and their partners in the "DZI Store" section.

9.2. DZI Pearls shall not be equivalent, are not interchangeable or alternative to any existing digital or physical currency, cannot be converted into such and cannot be used outside the mobile application.

 

10. DZI Store.

10.1. DZI Store shall provide users of the mobile application with the opportunity to convert accumulated DZI Pearls into offers, discounts, bonuses, gifts, prizes and participation in various raffles.

10.2. If the user agrees to take advantage of offers in the mobile application offered by a third party - a partner of the mobile application, DZI - Life Insurance JSC shall not be liable for the quality and serviceability of the offered goods and/or services. Questions and/or complaints regarding goods and/or products offered by third-party partners shall be addressed directly to the third-party partner offering them. All customers can send signals about merchants who have not provided the discounts they offer to KakSi@dzi.bg, as well as call the DZI Customer Service Centre on 0700 16 166.

 

11. Health file.

11.1. Each user of the mobile application can create his/her own health file, in which he/she can fill in information about:

·      ·His/her blood group

·      Allergies to food and drinks

·      Allergies to medications

·      Diseases

·      Regular intake of medicines

11.2. The health file can be sent by the user to his/her Emergency contacts in the event of an SOS signal. For this, the user must have given explicit permission for the mobile application to send the information from his/her health file to third parties.

 

 

12. Personal information.

In the "Personal information" section, the user can fill in his/her:

·      Nickname/Username

·      Phone number

·      E-mail address to restore access to the mobile application in case the user changes his/her phone number

·      Date of birth

·      Gender

·      Health card number

·      Family name

 

13. Access to health services (Digital Health Portal of DZI, Healee and Superdoc).

Through the KakSi mobile application, users can access the set of digital health services that DZI - Life Insurance JSC shall provide through its own digital channels, as well as through established partnerships with third parties. The services shall be accessed via a link leading to the external service.

 

14. Digital health card.

Through the KakSi mobile application, the customers of DZI - Life Insurance JSC with active health insurance "Health" or "Comlex Medical Care" can digitize their health card. Activation shall be done by using two-factor authentication. It shall be necessary for the users to enter, in the first step, their health card number provided by DZI - Life Insurance JSC, as well as their family name - in the second step.

It is necessary for users to enter, in the first step, their ID number as well as their last name, in the second step a code that the customer receives by SMS notification. The code is an additional control for data credibility.

15. Feedback.

The mobile application shall provide users with the opportunity to send feedback to the developers and DZI - Life Insurance JSC.

 

16. Deletion of the profile.

16.1. Each user shall have the right to delete his/her profile in the mobile application at any time. This action shall result in the deletion of all personal information that the owner and developer of the application store about the user, except for the phone number and account activation record, which DZI shall store for a period of 5 years after the deregistration of your account, for the purpose of possible complaints.

16.2. After deleting the profile and upon re-registration with the same phone number, the mobile application shall not keep the information previously provided by the user, including and availability of DZI Pearls, Avatar level and more. All available information shall be deleted from the mobile application servers when the profile is deleted, except as specified in 16.1.

 

VIII.            Information on personal data protection.

1. The company DZI - Life Insurance JSC, EIC: 121518328, address: Sofia, 89B, Vitosha Blvd., in its capacity as a personal data controller, shall carry out its activities in strict compliance with the requirements of the Personal Data Protection Act and Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data ("the Regulation").

2. The information on the protection of personal data shall be available both in the application itself and shall be published on the company's corporate website - www.dzi.bg, where the purposes for processing the provided personal data shall be indicated, as well as information on the exercise of your rights.

 

IX.             Changes and fees.

 

1. The services provided by KakSi shall generate mobile data usage. The amount of data used can vary significantly depending on the frequency and duration of its use, as well as according to the conditions of the tariff plan used by the mobile operator. Significant charges for the use of mobile data may be charged by mobile operators, in the absence of included mobile data in the tariff plan used by the user or in case of exceeding the monthly volume of mobile data according to their tariff plan. The terminology used above may vary between mobile service providers.

2. It shall be the user's duty to be familiar with the terms of his/her contract with the mobile operator, including the circumstances that may lead to his/her being charged. Using the service while roaming may result in an increase in charges.

3. Should the user has doubts as to whether the use of mobile services would lead to a charge or an increase in his/her obligations, he/she should contact his mobile operator.

4. KakSi shall not be liable for any fees, penalties, taxes, surcharges or other charges imposed by the mobile operator as a result of the use of the mobile services.

 

X.                Third party Information and links.

 

1. The mobile services shall provide access to links to third-party websites and/or to information provided by third parties. KakSi and DZI - Life Insurance JSC shall not be liable for the content of the linked websites of third parties - partners and/or the information therein, including but not limited to accuracy, compliance with copyright.

2. KakSi shall not be liable for any form of communications received from any linked website or platform, third party information or for the possibility to access such linked websites. The mobile application shall provide such links and information only as a convenience, and the inclusion of any third-party link or information shall not imply endorsement by the mobile application of such linked website or third-party information.

XI.             Intellectual property right.

The design, structure and content of the mobile application shall be subject to copyright, and the exclusive right to use them shall belong to DZI - Life Insurance JSC. Users can print individual pages and/or parts, images (logos), graphics, etc. from the mobile application, provided they do not remove their identifying copyright marks. It shall be prohibited to modify, copy, publish, sell or license the entire content of the mobile application or its individual parts, as well as to use it for any other public or commercial purpose.

 

XII.          Additional provisions.

The provisions of the applicable legislation of the Republic of Bulgaria shall be applied to any matters not settled by these Terms and Conditions.

In cases of disputes arising between DZI - Life Insurance JSC and the users of KakSi, which cannot be settled in a voluntary manner, the same shall be resolved by court order by a competent Bulgarian court.