Legal Information

INTRODUCTION: Welcome to our Loyalty Platform and Mobile Application “Merci®“, created especially for clients – cardholders of  DSK Bank's cards. Developer and owner of the end code of the App is Horizon Software Solutions Ltd. ("HSS") – a company registered in England and Wales under company number 05750041 whose registered office at BOOTH STREET CHAMBERS, ASHTON UNDER LYNE, LANCASHIRE, OL6 7LQ, UK.

The purpose of this document is to set the terms and conditions of usage of the application and the content which the Banks will offer via it to users.

1.GENERAL RULES RELATING TO CONDUCT: The mobile application of the Program “Merci®”, is created in order to recognize the clients of DSK Bank as members of the Loyalty program and to inform them about third parties-partners, who agreed to offer commercial discounts at their stores and also to show their locations on a virtual map, based on separate agreement with the Bank. The clients of the Bank- users of the application, get an access to a structured commercial content, QR codes scanner, special personalized offers and in case they gave an explicit agreement with the purposes shown in The Privacy policy, they have the possibility to receive push notifications. Regarding further information and conditions for participating, as well as to learn more about the advantages of the Program “Merci®”, please visit https://dskbank.bg/индивидуални-клиенти/банкови-карти/лоялна-програма-merci

 After registration and activation of the access to the application, the user agrees to comply with the current conditions. If any questions regarding the application or the current conditions appear, the user may contact the Bank by sending an e-mail to the address, shown in article 9 of the current Terms and conditions.

In case of disagreement with the current conditions, the user must immediately terminate the usage of the application.

2. PURPOSE OF THE APPLICATION

The application is at the disposal of the users in order to deliver them information about the available discounts when they make payments of goods and services with debit or credit card issued by DSK Bank, at commercial stores of third parties – partners of the program “Merci®”.

The access to the information regarding discounts is permitted after registration of the user via email, and the access to personalized offers and discounts is available after identification of the user as a client of DSK Bank and owner of a card - debit or credit – issued by the Bank. A part of the third parties – partners of the Program “Merci®”, might require the identified user to perform other actions in the application in order to receive the discount, such as scanning of a QR code, barcode, or to permit to the cashier access to the mobile phone in order to input a unique code. The registration in the application is should be done with a valid email address, written directly via Facebook or via Google profile. For identification purposes, the user should fill in his date of birth, the first 6 and the last 4 digits of his card number, issued by DSK Bank.

After successful registration and identification, the access to the application is done by entering the same email address or by Facebook or Google profile and password.

When using the application, the user should comply with all applicable regulations according to the Bulgarian Law and the current General Terms and Conditions.

3. CONTENT: Author Rights upon all materials, included or available in the application, including all the information, data, text, music, sound, photos, graphics and video messages, the selection and their order, are property of DSK Bank and third parties of the program „ Мerci®“. All rights reserved. The user can review, print or download selected material for his own purposes but is not permitted to copy, edit, change, reproduce, publish, show, distribute, store, give, etc. the materials under any form without explicit permit of DSK Bank and third parties as partners of the program “Merci®”.

Commercial brands, brands for services and logos ("Commercial brands"), included in the application are property of DSK Bank or third parties – partners of the program “Merci®”. The user is not permitted to use, copy, edit, change, reproduce, publish, show, distribute, store or give commercial brands without written permit of DSK Bank or the respective partner of the program “Merci®”.

4. LINKS WITH THIRD PARTIES: The application may contain links to websites, managed by third parties ("Web pages of third parties"). DSK Bank may release some of those links by using partner programs of third parties. Independently by those partner programs, DSK Bank has no influence or control over the web sites of third parties and, except if it is not indicated, does not bring any responsibility for the websites of third parties or their presence and content.

5. CUSTOMER DATA PROTECTION: DSK Bank uses the personal data of the application users in accordance to the purposes and aims described previously and also in accordance with respective contracts for other bank products and services signed between the Bank and the users.

6. TERMINATION OF SERVICE: DSK Bank has the right to terminate or migrate the content of the application to other platform with written notice of 30 days.

7. THIRD PARTIES PARTNERS: If the user agrees to buy goods and / or services from third part- partner of the Program “Merci®”, offered in the application, DSK Bank is not responsible for the quality of those goods and / or services and in case of questions or claims , the user should contact directly the third party named Partner “Merci®”.

8. DSK Bank has the right to update the current document. If this happens, updated version will be uploaded immediately and the current Terms and Conditions will be available through link in acquaintance the application. The user is responsible to review regularly these Terms and Conditions in order to be familiar to all changes.

9. FOR CONTACT: [email protected]

I. Privacy Policy Summary

When you use HSS products and services, you trust us with your information. This Privacy Policy is meant to help you understand what data we collect, why we collect it, and what we do with it. This is important; we hope you will take time to read it carefully. HSS cares about your privacy. For this reason, we collect and use personal data only as it might be needed for us to deliver to you our world-class products, services, websites and HSS Mobile Apps (collectively, “HSS Platform”). Under the Data Protection Act 1998, the EU General Data Protection Regulation (GDPR) approved by the EU Parliament on 14 April 2016 and related laws, we have a legal duty to protect the personal information we collect from you.

Your personal data includes information such as:

Date of birth, Email address, masked card number, which could identify you directly or indirectly.

Our Privacy Policy also describes options we provide for you to access, update or otherwise take control of your personal data that we process. If at any time you have questions about our practices or any of your rights described below, you may reach our Data Protection Officer (“DPO”) and our dedicated team that supports this office by contacting us at [email protected]. This inbox is actively monitored and managed so that we can deliver an experience that you can confidently trust.

II. What information we collect

1. Information you give us

1.1 Information that is necessary for the use of the HSS Platform.

We ask for and collect the following personal information about you when you use the HSS Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.

Account Information. When you sign up for HSS Mobile Apps, we require certain information such as email address.

1.2 Information you choose to give us

Marketing consent to receive information by email, Push notifications, Facebook.

Other Information. You may otherwise choose to provide us information when you fill in a form, conduct a search, update or add information to your HSS membership account, respond to surveys, participate in promotions, or use other features of the HSS Platform.

2. Information We Automatically Collect from Your Use of the HSS Platform

When you use the HSS Platform, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the HSS Platform.

Geo-location Information. When you use certain features of the HSS Platform, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. HSS may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions.

Usage Information. We collect information about your interactions with the HSS Platform such as the pages or content you view, your acceptance of promotions, QR or barcode scanning, Offer redemption, bookings you have made, and other actions on the HSS Platform.

Log Data and Device Information. We automatically collect log data and device information when you access and use the HSS Platform. That information includes, among other things: details about how you’ve used the HSS Platform, IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the HSS Platform.

Cookies and Similar Technologies. We use cookies and other similar technologies. We may also allow our business partners to use these tracking technologies on the HSS Platform or engage others to track your behavior on our behalf. For more information on our use of these technologies, see our Cookie Policy.

3. Information We Collect from Third Parties

HSS may collect information, including personal information that others provide about you when they use the HSS Platform, or obtain information from other sources and combine that with information we collect through the HSS Platform and the Payment Services. We do not control, supervise or respond for how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.

Third Party Services. If you link, connect, or login to our HSS Mobile Apps with a third party service (e.g. Google or Facebook), the third party service may send us information such as your registration and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.

Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you.

III. How we utilize information

We strongly believe in both minimizing the data we collect and limiting its use and purpose to only that (1) for which we have been given permission, (2) as necessary to deliver the Services we are obliged to provide, or (3) as we might be required or permitted for legal compliance or other lawful purposes. These uses include: Delivering, improving, updating and enhancing HSS Platform and the Services we provide to you. We collect various information relating to your use and/or interactions with HSS Platform.

We utilize this information to:

Improve and optimize the operation and performance of our Services (including HSS Platform and HSS Mobile Apps)

Diagnose problems with and identify any security risks, errors, or needed enhancements to the HSS Platform

Collecting aggregate statistics about use of the HSS Platform

Understand and analyze how you use HSS Platform and what products and services are most relevant to you.

Often, much of the data collected is aggregated or statistical data about how individuals use HSS Platform, and is not linked to any personal data, but to the extent it is itself personal data, or is linked or linkable to personal data, we treat it accordingly. Sharing with trusted third parties. We may share your personal data with affiliated companies within our corporate family, with third parties with which we have partnered to allow you to integrate their services into our HSS Platform, and with trusted third party service providers as necessary for them to perform services on our behalf, such as:

Serving advertisements, Conducting contests or surveys, Performing analysis of our Services and customers demographics and Communicating with you, such as by way email or survey delivery.

We only share your personal data as necessary for any third party to provide the services as requested or as needed on our behalf. These third parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilizing, sharing or retaining your personal data for any other purpose than as they have been specifically contracted for (or without your consent).

Communicating with you. We may contact you directly or through a third party service provider regarding products or services you have signed up or purchased from us, such as necessary to deliver transactional or service related communications. We may also contact you with offers for additional services we think you’ll find valuable if you give us consent, or where allowed based upon legitimate interests. You don’t need to provide consent as a condition to use our services. These contacts may include:

Email, Mobile app notification

You may also update your subscription preferences with respect to receiving communications from us and/or our partners by signing into our mobile app and visiting “Profile” page.

If we collect information from you in connection with a co-branded offer, it will be clear at the point of collection who is collecting the information and whose privacy policy applies. In addition, it will describe any choice options you have in regards to the use and/or sharing of your personal data with a co-branded partner, as well as how to exercise those options.

If you would like to request that your personal information is removed from our database, please contact us at [email protected].

Transfer of personal data abroad. Please note that information collected by the HSS Platform will be stored in the European Union which may have different data protection laws than the country you reside in. You consent to our storage and processing of this information in the European Union by installing and using the HSS

Mobile Apps. If you utilize our HSS Platform from a country other than the country where our servers are located, your communications with us may result in transferring your personal data across international borders. Also, when you call us or initiate a chat, we may provide you with support from one of our global locations outside your country of origin. In these cases, your personal data is handled according to this Privacy Policy.

Website analytics. We use multiple web analytics tools provided by service partners such as Google Analytics to collect information about how you interact with our website or mobile applications, including what pages you visit, what site you visited prior to visiting our website, how much time you spend on each page, what operating system and web browser you use and network and IP information. We use the information provided by these tools to improve our Services. These tools place persistent cookies in your browser to identify you as a unique user the next time you visit our website. Each cookie cannot be used by anyone other than the service provider (ex: Google for Google Analytics). The information collected from the cookie may be transmitted to and stored by these service partners on servers in a country other than the country in which you reside. Though information collected does not include personal data such as name, address, billing information, etc., the information collected is used and shared by these service providers in accordance with their individual privacy policies. You can control the technologies we use by managing your settings through our Cookie Policy or the ‘cookie banners” that may be presented (depending on URL of website visited) when you first visit our webpages, or by utilizing settings in your browser or third-party tools.

Third-party websites. Our website and our mobile applications contain links to third-party websites. We are not responsible for the privacy practices or the content of third-party sites. Please read the privacy policy of any website you visit

IV. How you can access, update or delete your data

To easily access, view, update or delete your personal data (where available), or to update your subscription preferences, please sign into our HSS Mobile Apps and visit “Profile” screen. If you are unable for any reason to access your Membership account details, you may also contact us by one of the methods described in the “Contact Us” section below and if you request us to do so, we will remove your personal data from our servers maximum within 30 (thirty) days.

V. How we secure, store and retain your data

We follow generally accepted standards to store and protect the personal data we collect, both during transmission and once received and stored, including utilization of encryption where appropriate. We retain personal data only for as long as necessary to provide the services you have requested and thereafter for a variety of legitimate legal or business purposes. If you have any questions about the security or retention of your personal data, you can contact us at [email protected].

VI. Transfer in the Event of Sale or Change in Control.

We may transfer information, including your personal information, in connection with a merger, sale, reorganization, acquisition or other change of ownership or control by or of Horizon Software Solutions Ltd. or any affiliated company (in each case, whether in whole or in part). When one of these events occurs, we will use reasonable efforts to notify users before their information becomes subject to different privacy and security policies and practices.

VII. Parent control

To download, install, access or use the HSS Mobile Apps, you must be 14 years of age or over. If you are under 14 and you wish to use, download, install, access or use the App, you must get consent from your parent or guardian before doing so.

A note for parents concerning privacy: HSS Mobile Apps and the App Store is for a general audience although age gating may be set by the relevant App Store based upon information we provide when we submit the App to the relevant App Store. The Internet offers children wonderful educational and entertainment resources. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. We encourage you to visit http://www.google.co.uk/safetycenter/families/start/basics/ to learn more about parental control tools.

VIII. Changes in our Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and any other places we deem appropriate, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page, at least thirty days prior to the implementation of the changes.

IX. Contact us

If you have any questions, concerns or complaints about our privacy Policy, our practices or our Services, you may contact our Office of the DPO by email at [email protected]. In the alternative, you may contact us by either of the following means: By Mail: Attn: Horizon Software Solutions Ltd, Booth Street Chambers, Ashton under Lyne, Lancashire, OL6 7LQ, United Kingdom By Phone: +44 7887854959