Privacy Policy

INTRODUCTION

1. TERMS OF USE

By downloading, browsing, accessing or using the Smart mobile application, you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Mobile Application and your use of the services offered on the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.

2. DEFINITIONS

In these Terms and Conditions of Use, the following capitalised terms shall have the following meanings, except where the context otherwise requires:

"Account" means an account created by a User on the Mobile Application as part of Registration.

"Utilization" refers to the utilization incurred by a member using their biometric medical cards at any of their accredited medical service providers.

"Privacy Policy" means the privacy policy set out in Clause 14 of these Terms and Conditions of Use.

"Family Members" means the dependants/family members covered as per your medical cover

"Cover Balance" means medical cover balance available on your provided medical smart cards

"Healthcare Facilities" means the accredited healthcare facilities that you are authorized to access for healthcare treatment as per your medical scheme administrator

"Cover Details" means the benefit cover details as approved by your medical scheme administrator

"FAQs and Support"means the Frequently Asked Questions on how you can access services using your biometric medical smart card,

"Users"means users of the Mobile Application, including you and "User" means any one of them.

3. GENERAL ISSUES ABOUT THE MOBILE APPLICATION AND THE SERVICES

3.1 Applicability of terms and conditions: The use of any Services and/or the Mobile Application and the making of any Reclamations are subject to these Terms and Conditions of Use.

3.2 Location: The Mobile Application, the Services and any Reclamations are intended solely for use by Users who access the Mobile Application in East Africa. We make no representation that the Services (or any goods or services) are available or otherwise suitable for use outside of East Africa. Notwithstanding the above, if you access the Mobile Application, use the Services or make any Redemptions from locations outside East Africa, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

3.3 Scope: The Mobile Application, the Services and any Reclamations are for your non-commercial, personal use only and must not be used for business purposes.

3.4 Prevention on use: We reserve the right to prevent you using the Mobile Application and the Service (or any part of them) and to prevent you from making any Reclamations.

3.5 Equipment and Networks: The provision of the Services and the Mobile Application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Mobile Application or the Services or make any Reclamations. To use the Mobile Application or Services or to make Reclamations, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using the Mobile Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

3.6 Permission to use Mobile Application: If you are not the bill payer for the mobile telephone or handheld device being used to access the Mobile Application, you will be assumed to have received permission from the bill payer for using the Mobile Application.

4. LOCATION ALERTS AND NOTIFICATIONS

You agree to receive pre-programmed notifications (“Location Alerts”) on the Mobile Application if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).

5. YOUR OBLIGATIONS

5.1 Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.

5.2 Content on the Mobile Application and Service: It is your responsibility to ensure that any products, Samples or information available through the Mobile Application or the Services meet your specific requirements

5.3 Prohibitions in relation to usage of Services or Mobile Application: Without limitation, you undertake not to use or permit anyone else to use the Services or Mobile Application: -

5.4.1 to send or receive any material which is not civil or tasteful

5.4.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;

5.4.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;

5.4.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

5.4.5 to cause annoyance, inconvenience or needless anxiety;

5.4.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;

5.4.7 for a purpose other than which we have designed them or intended them to be used;

5.4.8 for any fraudulent purpose;

5.4.9 other than in conformance with accepted Internet practices and practices of any connected networks;

5.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or

5.4.11 in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.

5.5 Prohibitions in relation to usage of Services, Mobile Application: Without limitation, you further undertake not to or permit anyone else to: -

6.5.1 resell any products or Samples;

6.5.2 furnish false data including false names, addresses and contact details and fraudulently use smart card numbers;

6.5.3 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);

6.5.4 execute any form of network monitoring which will intercept data not intended for you;

6.5.5 enter into fraudulent interactions or transactions with us or a client (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);

6.5.6 extract data from or hack into the Mobile Application;

6.5.7 use the Services or Mobile Application in breach of these Terms and Conditions of Use;

6.5.8 engage in any unlawful activity in connection with the use of the Mobile Application or the Services; or

6.5.9 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Mobile Application or Services.

7. RULES ABOUT USE OF THE SERVICE AND THE MOBILE APPLICATION

7.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Mobile Application will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at +254 320 6000.

7.2 We do not warrant that your use of the Services or the Mobile Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Mobile Application, access to the Services and the Mobile Application may be suspended, restricted or terminated at any time.

7.3 We do not give any warranty that the Services and the Mobile Application are free from viruses or anything else which may have a harmful effect on any technology.

7.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application from time to time. Your access to the Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Mobile Application at any time.

7.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.

8. SUSPENSION AND TERMINATION

8.1 If you use (or anyone other than you, with your permission uses) the Mobile Application, any Services in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or Mobile Application.

8.2 If we suspend the Services or Mobile Application, we may refuse to restore the Services or Mobile Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.

8.3 Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Mobile Application; (b) suspend your use of the Services and/or Mobile Application; and/or (c) suspend the use of the Services and/or Mobile Application for persons we believe to be connected (in whatever manner) to you, if:

8.4.1 you commit any breach of these Terms and Conditions of Use;

8.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or

8.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

8.5 Our rights under this Clause 8 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

9. DISCLAIMER AND EXCLUSION OF LIABILITY

9.1 The Mobile Application, the Services, the information on the Mobile Application and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.

9.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Mobile Application and its contents, including in relation to any inaccuracies or omissions in the Mobile Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.

9.3 We do not warrant that the Mobile Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Mobile Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.

9.4 While we may use reasonable efforts to include accurate and up-to-date information on the Mobile Application, we make no warranties or representations as to its accuracy, timeliness or completeness.

9.5 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the mobile application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

9.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

9.7 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.

9.8 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile Application, or electronic mail transmitted to and from us, will not be monitored or read by others.

10. INDEMNITY

You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, verification PIN and/or any identifier number and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.

11.2 Nothing contained on the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited.

11.3 We will not hesitate to take legal action against any unauthorised usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trade marks of their respective owners.

12. AMENDMENTS

12.1 We may periodically make changes to the contents of the Mobile Application, including to the descriptions and features available, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application.

12.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Mobile Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.

13. APPLICABLE LAW AND JURISDICTION

13.1 The Mobile Application can be accessed from East Africa where the local technology permits. As each of these places have differing laws, by accessing the Mobile Application both you and we agree that the laws of the Republic of Kenya, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Mobile Application.

13.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the Republic of Kenya in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.

14. PRIVACY POLICY

INTRODUCTION

This privacy notice tells you about the information we process about you whilst you are using the SmartAccess platform. In collecting this information, we are acting as a data controller and, by law, we are required to provide you with information about us, about why and how we use your data as well as about the rights you have over your data.

Who we are

Smart Applications International is a leading ICT solutions provider delivering a wide range of world class technological solutions in Kenya.

Fondly known as Smart within the industry, the company was founded to provide innovative, secure and high-tech solution in Africa and beyond. Staying ahead through constant research and innovation.

We offer solutions that are secure, relevant and convenient.

Our Data Protection Officer can be contacted via email: dpo@smartapplicationsgroup.com

Personal data

Under the Kenya Data Protection Act (KDPA) personal data is defined as:

“any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person

What personal data we collect

We collect and process the following types of information from you:

Information that you provide while signing up on the platform. This includes information provided via email, mobile application, and/or by any other method.

In particular, We process personal details such as name, email address, National ID number, finger print data, telephone number, member number, date of birth, next of kin, covered dependents, gender, diagnosis, medication information.

If you contact us through our call center, we may keep a record of that correspondence.

How We use the personal data we collect about you

We rely on your consent in processing your personal data during the onboarding process and for keeping records of the process. Processing your data allows us to manage your medical cover so as to deliver world class convenience to you

Where you have provided consent to use of your data, you also have the unrestricted right to withdraw that consent at any time. Withdrawing your consent means that we will stop processing the data that you had previously given us consent to use.

Who we disclose your personal data to

We do not disclose, sell or otherwise distribute your personal data to any third party. Smart Applications acts to protect your personal data and ensure that unauthorized individuals do not have access to your Information by using security measures to protect personal data.

How we protect your personal data

We take appropriate measures to ensure that your personal data is kept secure including security measures to prevent personal data from being accidentally lost or used or accessed in an unauthorized way. We limit access to your personal data to those who have a genuine business need to know it. Those processing your information inorder to grant you access to care will do so only in an authorized manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and the authority of a suspected data security breach where we are legally required to do so.

How long we keep your personal data

When you sign up to the SmartAccess platform, we keep your data for as long as you are active on our platform.

Should you wish to withdraw your consent, your data is deleted or destroyed.

Your rights as a data subject

Under the KDPA, you have a number of important rights. In summary, they include rights to

Require us to correct any mistakes in your information which we hold

Require the erasure of personal data concerning you in certain situations

Receive the personal data concerning you which you have provided to Us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another organization in certain situations

Object in certain other situations to our continued processing of your personal data

Otherwise restrict our processing of your personal data in certain circumstances

Claim compensation for damages caused by our breach of any data protection laws.

If you wish to exercise any of the rights explained above, please contact the Data Protection Officer on dpo@smartapplicationsgroup.com

Update to this privacy notice

We, Smart Applications International respects the privacy of our users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our mobile application (“GetSmart”).

Please read this Privacy Policy carefully. If you do not agree with the terms of this Privacy Policy, please do not access the application.

Smart Applications reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this Privacy Policy.

You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Application after the date such revised Privacy Policy is posted.

This Privacy Policy does not apply to the third-party online/mobile store from which you install the Application or make payments, including any in-game virtual items, which may also collect and use data about you. Smart Applications is not responsible for any of the data collected by any such third party.

15. COLLECTION OF YOUR INFORMATION

We may collect information about you in a variety of ways. The information we may collect via the Application depends on the content and materials you use, and includes:

Personal Data

Demographic and other personally identifiable information (such as your name and email address, mobile number that you voluntarily give to us when registering for use of the Application. This is also has been shared to us through your appointed medical scheme administrators.

Derivative Data

Information our servers will automatically collect when you access the Application, such as your medical cover information e.g. benefit accessed, bill incurred, health facility visited are integral to the Application

Geo-Location Information

We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using the Application, to provide location-based services for the various healthcare facilities that you would wish to visit or have visited. If you wish to change our access or permissions, you may do so in your device’s settings.

Mobile Device Access

We may request access or permission to certain features from your mobile device, including your mobile device’s calendar, camera, reminders, SMS messages, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.

Mobile Device Data

Device information such as your mobile device ID number, model, and manufacturer, version of your operating system, phone number, country, location, and any other data you choose to provide.

Push Notifications

We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

Third-Party Data

Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Application permission to access this information.

16. SECURITY OF YOUR INFORMATION

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures globally are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security on use of the application.

17. OPTIONS REGARDING YOUR INFORMATION

Account Information

You may at any time review or change the information in your account or terminate your account by:

Logging into your account settings and updating your account

Contacting us using the contact information provided below

De-registering your user account

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

CONTACT US

If you have questions or comments about this Privacy Policy, please contact us at:

https://smartapplicationsgroup.com/smartaccess

Smart Applications International Limited,

International House, 11th floor

P.O. Box 57776, Nairobi – 00200

Tel: +254 20 320 6000 Cell: +254 718 222 000

Toll Free 0800723600

info@smartapplicationsgroup.com

14.1 Access to the Mobile Application and use of the Services offered on the Mobile Application by Smart Applications Limited and/or its group of companies is subject to this Privacy Policy. By accessing the Mobile Application and by continuing to use the Services offered, you are deemed to have accepted this Privacy Policy, and in particular, you are deemed to have consented to our use and disclosure of your personal information in the manner prescribed in this Privacy Policy and for the purposes set out in Clauses in this terms and conditions We reserve the right to amend this Privacy Policy from time to time. If you disagree with any part of this Privacy Policy, you must immediately discontinue your access to the Mobile Application and your use of the Services.

14.2 As part of the normal operation of our Services, we collect, use and, in some cases, disclose information about you to third parties. Accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of your personal information when you use the Services on the Mobile Application: -

(a) Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

(b) We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

(c) We will only retain personal information as long as necessary for the fulfillment of those purposes.

(d) We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

(e) Personal information should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

(f) We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

CONTACT US

If you have questions or comments about this Privacy Policy, please contact us at:

Smart Applications International Limited,

International House, 11th floor

P.O. Box 57776, Nairobi – 00200

Tel: +254 20 320 6000 Cell: +254 718 222 000

Toll Free 0800723600

info@smartapplicationsgroup.com