Agreement
I, an individual (hereinafter the ‘User’), intending to use the mobile application as part of the voluntary medical insurance and accident and illness insurance services provided by insurance organizations, accede to this agreement with the principal of the KazRosGroup Limited Liability Partnership (hereinafter the ‘Agreement’), in which the principal whose services I use is referred to as the ‘Company’, and together we are referred to as the ‘Parties’, and have agreed as follows.
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The Parties agree that the Company’s mobile application (hereinafter the ‘Application’) is used by the User to exchange information in electronic form between the User and the Company using a technical device (a mobile phone, smartphone or computer, including a tablet computer) connected to the Internet information and telecommunications network, and for the Company to provide and/or send information to the User.
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Information in electronic form is sent by the User to the Company through the Application, and the Company sends information in electronic form to the User through the Application, except in cases provided for by this Agreement and/or the Company’s insurance rules.
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Information in electronic form exchanged by the Company and the User in the Application is produced as electronic messages and/or electronic documents, the format of which is developed by the Company and made available in the Application.
Electronic documents sent by the Company to the User are signed with an enhanced qualified electronic signature, while electronic documents sent by the User to the Company are signed with the User’s simple electronic signature.
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An electronic document sent to the Company and signed with the Participant’s simple electronic signature is recognized as an electronic document equivalent to a paper document bearing a handwritten signature, provided that the conditions stipulated in this Agreement are met.
The User’s simple electronic signature is generated on the basis of the following personal particulars and confirms the User’s signing of the electronic document:
- Surname, first name and patronymic (if any);
- Type of identity document, and its series and number;
- Subscriber number assigned by a mobile radiotelephone operator (hereinafter the ‘subscriber number’) and/or email address.
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The Company sends a text message to the subscriber number and/or email address specified by the User, containing a sequence of characters that constitutes the simple electronic signature key, and instructs the person using the simple electronic signature to keep it confidential.
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The User represents to the Company that the information provided is complete and accurate and that its provision does not infringe the rights of third parties, and the Company relies on the accuracy of this representation. If the User is found to have provided inaccurate information or information that infringes the rights of third parties, the Company may suspend performance of this Agreement and/or take other actions provided for by applicable law.
The User may not use inaccurate information, provide third parties’ data, including personal data, or use pseudonyms and the like to generate a simple electronic signature.
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When the User signs an electronic document with a simple electronic signature, the Application verifies that the User’s simple electronic signature key belongs to the User, based on the result of the User’s identification in the Application.
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The Company and the User undertake to keep the User’s simple electronic signature key confidential. The User also undertakes to use the simple electronic signature key exclusively personally, without giving third parties access to it. An electronic document signed using a simple electronic signature is deemed to have been signed by the User personally, provided that clause 7 of this Agreement has been complied with. Exceptions are cases where the User has notified the Company that the simple electronic signature key has been compromised and/or used by a third party against the User’s will.
The Parties consider the User’s granting a third party access to the simple electronic signature key to be an act of bad faith by the User, entitling the Company to refuse to act on electronic documents sent by the User. The Company shall inform the User by sending an electronic message in the Application and/or an email and/or a written notice to the address specified by the User in the relevant documents when entering into and/or performing the insurance contract.
In the electronic message (notice), the Company requests that the User prevent third-party access to the simple electronic signature key, generate a new electronic signature key or take other actions.
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The User consents to the Company’s processing of: personal data, namely surname, first name, patronymic, year, month, date and place of birth, citizenship, identity document details (series, number, date of issue, name of issuing authority and subdivision code), registered address and address for notices (residential address), telephone number, email address and other personal data specified in the insurance contract, in an insurance benefit claim or in other documents provided by the User; information about the User seeking medical assistance, health status and diagnosis, and other information obtained during the User’s medical examination and treatment.
The purposes of processing are: performance of the insurance contract; collection and analysis of statistical data; direct contact with the User through means of communication, written and electronic communications, including through messengers; performance of this Agreement and use of the Application.
Processing of the specified data and information includes the following actions (operations), or combinations thereof, using automated means or without them: collection, recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, depersonalization, blocking, destruction and transfer.
The listed data and information may be transferred to: the insurance supervisory authority; bodies (organizations) exercising state/municipal control (supervision); competent authorities; organizations and other business entities, including medical and expert organizations (experts), to achieve the stated purposes, including claims settlement; communications operators (including postal operators) and organizations providing messenger and information services. Information about the bodies and organizations that are legally required to maintain the confidentiality of data and information and to which such data and information may be transferred may be requested from the Company. The Company transfers to the listed persons only the data and information that are consistent with the purposes of their processing.
Personal data processing means any action (operation), or combination of actions (operations), with personal data, including those listed in the insurance contract, using automated means or without them. For the purposes of this consent, the actions comprising personal data processing also apply to the listed medical information.
I consent to doctors, medical institutions, laboratories, organizations, individual entrepreneurs, government authorities, insurance companies, the compulsory medical insurance fund, social insurance funds, medical and social assessment bureaus and forensic medical examination bureaus providing the Company, upon its request, with information constituting medical confidentiality (including in the event of my death): information about the User seeking medical assistance, health status, diagnoses, injuries, diseases (conditions) and other information obtained during medical examination and treatment, medical assessment, forensic medical examination, inspection and certification, including copies of medical and other documents containing the listed information, for the purpose of proper performance of the terms of this insurance contract.
The consents remain valid for the duration of the insurance contract and for 5 years after its termination, unless a longer period is required by legislation. The consents may be withdrawn by sending the Company an electronic document withdrawing them through the Application. KazRosGroup LLP does not process information constituting medical confidentiality.
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The User hereby represents that: the terms of the Agreement are clear and understood; the User has the rights to use the necessary information, including personal data and documents; and the User’s actions have no unlawful purposes. The User acknowledges that using information, including personal data and documents, without the right to do so, or for unlawful purposes, gives rise to liability under applicable law and entitles the Company to apply to the competent government authorities, including law enforcement and judicial authorities.
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This Agreement is a contract of adhesion and, at the same time, an offer, acceptance of which consists of the Participant’s activation of the Application on one of the technical devices specified in clause 1 of this Agreement.
This Agreement is executed as an electronic document signed with an enhanced qualified electronic signature. The Agreement remains in effect until either Party refuses to perform it. Notice of refusal to perform this Agreement is sent by the Company as an electronic document in the Application or to the User’s email address specified by the User in the relevant documents when entering into and/or performing the insurance contract, or by registered letter to the User’s postal address known to the Company. If the User refuses to continue this Agreement, the User sends notice to the Company as an electronic document in the Application or by registered letter to the Company’s address indicated on its official website on the Internet information and telecommunications network.
The Agreement terminates when the User receives the notice of refusal, if termination is initiated by the Company, or when the Company receives the notice of refusal, if termination is initiated by the User.
Termination of this Agreement constitutes grounds for ending the exchange of information in electronic form. Thereafter, the Parties exchange information in paper form in accordance with the procedure provided for by the insurance contract and/or insurance rules.
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The Agreement may be amended by the Company by publishing a new version in the Application. The new version takes effect when published in the Application, unless otherwise provided in that version. The current version of the Agreement is always available in the Application.
If one or more provisions of this Agreement are held invalid or without legal force, this does not affect the validity or applicability of its remaining provisions. This Agreement is drawn up in Russian.
From the time this Agreement is published in the Application, the previously published User Agreement shall apply in the wording of this Agreement. This Agreement does not preclude the User from using only the services set out in the Appendix to this Agreement.
Appendix to the User Agreement
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I, the User, hereby accept and use, both separately and collectively, the information resources offered by the Company, including the Application (hereinafter the ‘Services’). The User agrees that: the Company may change the offered Services, their content and functions; the Services do not restrict the User’s right to receive, review or otherwise use information without restriction. The Services offered under this Appendix are intended to: communicate marketing (advertising) information from the Company to the User, in addition to information that the Company must provide under applicable law; and improve interaction between the User and the Company.
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The User agrees to receive, free of charge, from the Company, in the Application and/or at the telephone numbers (including mobile radiotelephone numbers), messenger contact details and email address supplied by the User (recorded in documents executed with the Company), advertisements about the Company’s products, services, promotions and special offers, and about the insurance services of organizations within the Company’s insurance group. The User also agrees to receive information mailings free of charge through means of communication, including mobile radiotelephone communications, messengers, email, SMS messages and push notifications. Advertisements and mailings may address the User by first name and patronymic and/or be timed to coincide with the User’s birthday.
Information about communications operators, advertising distributors and organizations providing messenger and information services that are legally required to maintain confidentiality, and to which the above telephone number (including a mobile radiotelephone number), messenger contact details, email address and my first name, patronymic and birthday may be transferred, may be requested from the Company, including through the Application.
The consent remains valid until termination of the User Agreement or the User’s withdrawal from this Appendix. The User may withdraw consent by sending the Company an electronic message in the Application.
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As the holder of copyrights and related rights in works made available in the Services, the Company grants the User the right to use them under a simple (non-exclusive) license within the Services used by the User. This right is limited by the Services’ functionality, does not include the right to assign or transfer it to third parties, and is limited to the period during which the User uses the Services. The User is not required to provide the Company with reports on the use of these works or to pay remuneration.
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The Services will be provided in accordance with the technical capabilities of the Company and/or the persons engaged by it for this purpose. The User agrees that the Company may engage third parties to provide the Services to the User.
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The User may withdraw from this Appendix by sending the Company a notice of withdrawal as an electronic document in the Application or by registered letter to the Company’s address indicated on its official website on the Internet information and telecommunications network. The User’s letter must specify withdrawal from the Appendix to the Agreement on Electronic Interaction and Services.
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This Appendix ceases to apply when the Company receives the notice of withdrawal. The User Agreement continues in effect without the Appendix, and the Application continues to operate for electronic interaction between the User and the Company without sending marketing (advertising) information to the User.