2. What type of account is my DIGI Account?

Your account is a digital account that connects all of your assets and liabilities in one place. This includes bank accounts, mortgages, investments, real estate and others that might have value for your total net worth.

In addition, we help you categorize expenses and create plans for future goals to achieve them most efficiently.

3. Using your account

Once you have connected your assets, DIGI may automatically generate a spending report for you to understand your financial situation better, and be able to plan for future goals. For example, you can do the following:

• list all of your assets (real estate, vehicles, bank accounts, debts, investments),
• view information about and manage your accounts and assets,
• estimate your available income,
• create financial plans,
• connect with a dedicated financial advisor to help you organize your finances,
• connect with other partners that provide services you might be interested in.

We add new features and services all the time. We’ll let you know about these through the DIGI app or on the email.

4. Who can open a DIGI account?

Normally, you must be 18 or over to open a DIGI account. If you are under 18 and we let you have a DIGI account or any other service, we’ll let you know any special terms and conditions that apply.

When you ask us to open an account, we or someone acting on our behalf will ask for information about you and where the assets you will put in your account comes from. We do this for a number of reasons, including to check your credit score and identity, and to meet our legal and regulatory requirements. Our Privacy Policy explains more about how we use your information for these and other purposes. When we have the information we need, we will open your account.

You can’t:

• open more than one DIGI personal account; or
• open a new DIGI account without getting authorization first, if we’ve previously closed your DIGI account.

5. How do I get information on payments into and out of my accounts?

You can check all payments into and out of your linked payment accounts through the DIGI app. We will not make any changes to your account information and it will be available to you through the DIGI app for six years after you close your account. If you need to keep a copy of the information after then, you will need to download it. You can download information at any time.

We may send a notification to your mobile device each time a movement or event happens to your account. You can turn off these notifications, through the DIGI app or in your device’s settings, at any time. If you turn off notifications, you should regularly check your account on the DIGI app. It’s important that you know what happens to your account, so we recommend that you do not turn off notifications.

Communicating with you

We will usually communicate with you through the DIGI app, phone or email. Other DIGI group entities or partners may also communicate with you via the DIGI app, phone or email, if this is agreed with you and that entity.

This is how we will provide account information and tell you about any fraud, or suspected fraud, relating to your account. It is also how we will tell you if there is a security threat to your account. Make sure you regularly check the DIGI app for this information.

To help keep your account safe, download the latest software for your mobile device and the latest version of the DIGI app as soon as they are available.

Your consents, approvals, acceptances and other statements given using the DIGI app shall have the same legal validity as your signature on a written document. Your agreements concluded with us via the DIGI app shall be deemed to be written agreements concluded between you and us. Any instructions to DIGI for conducting operations and other actions submitted/executed from you through the DIGI app will be treated as submitted/executed by you and valid as actions performed by you.

We will usually communicate with you in English or Bulgarian.

Updating your information

Please keep your details up to date and let us know immediately if any information you’ve given us changes. If we discover that any of your information is incorrect we will update it.

To meet our legal and regulatory requirements we might sometimes need to ask for more information about you (for example, if your spending increases). Please provide this information quickly so that there is no disruption to your account or our services.

6. How do I close my account?

You can close your account, and so end the agreement, at any time by letting us know. You can do this through the DIGI app, by writing to us at our head office or by emailing us at office@thedigi.app.

We may still charge you any cancellation fees that apply to other agreements you’ve entered into with us (for example, if you cancel your subscription).

7. What happens after my account is closed?

We’ll hold back enough money from an account you select to cover any payments that you approved before your account was closed. You’ll also still owe us any money that you owed us while your account was open.

Keeping my account safe

8. How is my account protected?

We make sure to use the latest technology to protect your data and constantly improve our systems to comply with regulations.

9. How can I contact you?

Email us for:

General Questions: contact@thedigi.app

Data Protection: dpo@thedigi.app

Technical Support: support@thedigi.app

Account Related: office@thedigi.app

*10. Making payments and accessing accounts using ‘Open Banking’

You can use ‘Open Banking’ to access the accounts you have with other providers via the DIGI app.

Using the DIGI app to access accounts with other providers

You can access your accounts with other providers via the DIGI app. We call these our “Open Banking Services”.

When you use our Open Banking Services to view information about an account you hold with another provider, you must authorize us to access that account. We won’t store any of the sensitive data you provide to give that authorization.

Once you’ve authorised us to access the account:

• We will access your account information on your behalf (meaning information like your account details, transaction history and the features of your account).
• We will analyze this information to provide spending insights to you (like suggesting how you might be able to save money).
• We will analyze this information to provide spending insights to you (like suggesting how you might be able to save money).

We are not responsible for any transactions, transfers and other activities done through DIGI in regards to the correctness of details provided when certain actions are done, unless the mistake is due to us. DIGI only serves as a medium to connect existing platforms, accounts, products and services, and is only liable for the data management and infringements under any licenses we have.

How we use your information for these and other purposes is set out in our Privacy Policy.

*DIGI is currently in the process of obtaining a license, therefore the ‘Open Banking’ services are not available yet and the conditions under point 10 would come into effect once a license has been granted. We will notify our users of such event as soon as it happens. In addition, points 1-9 abide by the Terms and Conditions applicable to our institution regardless of having acquired any licenses at the time of acceptance of these terms. All users are obliged to follow the rules set here both before and after the described functionalities have been implemented.

11. Are there any restrictions on using the DIGI account?

DIGI must not be used (directly or indirectly) as follows:

• for illegal purposes (for example, committing fraud);
• in a way that we reasonably believe might harm our ability to provide our services;
• to allow anyone else to have access to or use your account or the DIGI app, unless certain exceptions apply;

Please also act in a respectful way towards us and our support staff – we’re here to help you.

What happens if something goes wrong

12. What happens if someone accessed my account?

Let us know as soon as possible at dpo@thedigi.app and we will investigate immediately in our efforts to fight fraud. We will make sure to act on the issue as soon as possible to avoid further losses.

13. When we might block your account?

The safety of your account is important to us. We might prevent you from accessing your account, if we’re reasonably concerned about its security or that it might be used fraudulently or without your permission.

We might also have to block your account to meet our legal obligations.

We’ll tell you through the DIGI app or on the email before, or as soon as possible after, we block your DIGI account. We’ll also let you know why we’ve done it (unless it would reduce your or our security or it would be unlawful). We will unblock your account as soon as the reasons for the blocking your account no longer exist.

14. When could you suspend or close my account?

We may close or suspend your account immediately, and end your access to our website, in exceptional circumstances. Exceptional circumstances include the following:

• if we have good reason to suspect that you are behaving fraudulently;
• if you haven’t given us (or someone acting on our behalf) any information we need, or we have good reason to believe that information you have provided is incorrect or not true;
• if you’ve broken these terms and conditions in a serious or persistent way and you haven’t put the matter right within a reasonable time of us asking you to;
• if we have good reason to believe that your use of the DIGI app is harmful to us or our software, systems or hardware;
• if we have good reason to believe that you continuing to use your account could damage our reputation or goodwill;
• if we have asked you to repay money you owe us and you have not done so within a reasonable period of time;
• if you’ve been declared bankrupt; or
• if we have to do so under any law, regulation, court order or ombudsman’s instructions.

We may also decide to close or suspend your account for other reasons. We would contact you through the DIGI app or on your email at least sixty (60) days before we do this.

Closing your account and ending the agreement may also end any other agreements you have with us or through us. You can get more information through the DIGI app or by contacting us at contact@thedigi.app.

15. We can change these terms

We’ll only change these terms and conditions for the following reasons:

• if we think it will make them easier to understand or more helpful to you;
• to reflect the way our business is run, particularly if the change is needed because of a change in the way any financial system or technology is provided;
• to reflect legal or regulatory requirements that apply to us;
• to reflect changes in the cost of running our business; or
• because we are changing or introducing new services or products that affect our existing services or products covered by these terms and conditions.

TELLING YOU ABOUT CHANGES

If we add a new product or service that doesn’t change the terms and conditions of your account, we may add the product or service immediately and let you know before you use it.

Otherwise, we’ll give you sixty (60) days’ notice through the DIGI app or on your email before we make any change required. We’ll assume you’re happy with the change unless you tell us that you want to close your account before the change comes into effect. If you update the app sooner than the 60 days’ notice, the changes will take place and we will assume you agree to the new terms and conditions.

16. Are you responsible if something goes wrong with my account?

We’ll do as much as reasonably possible to make sure that our services are not interrupted and are accessible at a reasonable speed. However, we can’t promise that this will always be the case or that the services will be free from faults. We also rely on some third parties to provide services to you, which can sometimes disrupt our services. We’ll always do our best to solve any problems with our services, no matter what the cause.

We will not be responsible for losses resulting from us failing to meet our obligations for payments into and out of your linked accounts because:

• of a legal or regulatory requirement;
• unforeseeable events outside our control, which were unavoidable at the time;
• of criminal or any other illegal actions of third parties resulting in damage to you or any other person; or
• of the blocking of your account when implementing legal requirements, including those in relation to anti-money laundering and counter-terrorist financing.

We will only be responsible for foreseeable losses: If we break the agreement, we will only be responsible for any loss that we could have foreseen at the time we entered into the agreement.

We won’t be responsible to you for any of the following, whether direct or indirect, that arises in connection with these terms and conditions:

• loss of income or profit;
• loss of goodwill or damage to your reputation;
• loss of business contracts or opportunities;
• loss of anticipated savings; or
• consequential loss.

Nothing in these terms and conditions removes or limits our liability for death or personal injury resulting from our negligence or from fraud or fraudulent claims and statements.

17. How you might owe us money?

If you owe us money, we can take the amount you owe us from any amount we are due to pay to you. We call this our right of set-off.

If you owe us fees (other than third-party fees for making or receiving a payment) or any other amount, we may take the amount you owe us from your linked account or card, in the currency of the country you set up your payments.

If not enough money in your account is held in your base currency, we’ll take the equivalent value from money you hold in another currency. If you don’t have enough money in your account to pay the fees or other amounts you owe us, we might recover the amount in another way, as explained below.

Any fees owed that the user has agreed to pay for in advance are due regardless of later cancellation, unless exemption is granted or under other circumstances and terms involved, decided on a case by case basis.

If you owe us money and you don’t pay for your account or repay us within thirty (30) days, we can recover the amount by:

• taking the amount you owe us from your stored card;
• exercising our right of set-off; or
• taking other legal steps to recover the money you owe us, such as instructing lawyers or debt collectors.

If we take any (or all) of these steps, we might charge you our reasonable costs.

18. When you might be responsible for our losses

You may be responsible to us for certain losses, if you have broken these terms and conditions, and this has caused us to suffer a loss, the following will apply:

• you will be responsible for any losses we suffer as a result of your action (we will try to keep the losses to a minimum);
• if your actions result in us losing profits, you may also be responsible for those losses. You won’t be responsible if this would mean that we are compensated twice for the same loss; and
• you will also be responsible for any reasonable legal costs that arise as a result of our losses.

19. How to make a complaint?

If you’re unhappy with our service, we’ll try to put things right

We always do our best, but we realize that things sometimes go wrong. If you have a complaint, please contact us. We will accept and consider any complaint sent by you to us.

Our final response to your complaint, or a letter explaining why the final response has not been completed, will be provided to you within 15 business days after your complaint having is made, and in exceptional circumstances, within 35 business days (and we will let you know if this is the case).

Out of court dispute resolution authority for complaints related to processing of personal data

You have the right to make a complaint to the Commission for Personal Data Protection (CPDP), the Bulgarian supervisory authority for data protection issues.

Their address is: 2, Prof. Tsvetan Lazarov blvd., Sofia 1592, Bulgaria.

e-mail:kzld@cpdp.bg

You can find more information on their website..

You can also rely on the mandatory consumer protection rules of the EEA country where you live.

HOW TO MAKE A COMPLAINT

If you’d just like to speak to someone about an issue that’s concerning you, please contact us at support@thedigi.app or through the DIGI app. We can usually settle matters quickly through the app. You’ll probably need to give us the information below.

If you prefer you can make an official complaint, you can email us at complaints@thedigi.app.

You’ll need to tell us:

• your name and surname;
• the phone number and email address associated with your account;
• what the issue is;
• when the problem arose; and
• how you’d like us to put the matter right.

We’ll look into your complaint and respond to you by email. We will communicate with you in English or Bulgarian, unless we tell you otherwise.

Irrespective of the above, you always have the right to approach the out of court dispute resolution authorities mentioned above in relation to any complaint about our service. You also have the right to apply to any competent court if you think we have breached the law.

Additional Legalities

20. Permission for us to process your personal information

To provide services under the agreement we need to collect information about you. Under data protection law, we are what is known as the ‘data controller’ of your personal information. For more information about how we use your personal information, see our Privacy Policy.

By entering into the agreement you are giving us permission to gather and store your personal information for the purpose of providing our services to you. This doesn’t affect any rights and obligations you or we have under data protection law.

You can withdraw your permission by closing your account, which will end the agreement between you and us. If you do this, we’ll stop using your information for the purpose of providing our services, but we may need to keep your information for other legal reasons.

CONFIDENTIALITY

By entering into this agreement you give us permission to disclose to other entities within the Digital Global group (including the DIGI app) and its partners, the following information:

• the fact that you are our client;
• the services we provide to you;
• the account number;
• your account balance(s);
• operations performed or being performed on your behalf;
• your debt obligations to us;
• circumstances of providing the financial services to you;
• your financial situation and assets;
• other commercial information you have provided to us when opening the account; and
• your activities, plans, debt obligations or transactions with other persons.

All of the above we call a “client secret”, which we have to protect as required by the applicable regulations.

By entering into the agreement you understand and confirm that in case you haven‘t changed your preferences in the DIGI app, other DIGI users having you in their contact list will be aware of the fact that you are our client. You can change your preferences at any time.

21. Our intellectual property

All the intellectual property in our products (for example, the content in our app and on our website, our logo and designs) are owned by our parent company, Digital Global Ltd (a company incorporated in Bulgaria with company number 204935039, and being used by us and other Digital Global group companies. You must not use this intellectual property as your own, except to enjoy our products. You also must not reverse-engineer any of our products (that is, reproduce them after a detailed examination of their construction or composition).

22. Additional legal clarifications

Our contract with you

Only you and we have any rights under the agreement. The agreement is personal to you and you cannot transfer any rights or obligations under it to anyone else.

Our right to transfer and assign

You permit us to transfer or assign all of our rights and obligations under these terms and conditions to any third party.

We will only transfer any of your and our rights or obligations under the agreement if we reasonably think that this won’t have a significant negative effect on your rights under these terms and conditions or we need to do so to keep to any legal or regulatory requirement. When we transfer rights and obligations we call this ‘novation’. When we only transfer rights, we call this ‘assignment’.

Bulgarian law applies

The laws of the Republic of Bulgaria apply to these terms and conditions and the agreement. Despite this, you can still rely on the mandatory consumer protection rules of the EEA country where you live.

The English version of the agreement applies

If these terms and conditions are translated into another language, the translation is for reference only and the English version will apply. By entering into this agreement and accepting DIGI services, you confirm that you understand English language and agree to communicate with DIGI in English language as far as the legal relations arising under this agreement are concerned, including with respect to submitting and resolving any complaints.

Our right to enforce the agreement

If you have broken the agreement between you and us and we don’t enforce our rights, or we delay in enforcing them, this will not prevent us from enforcing those or any other rights at a later date.

Taking legal action against us

Legal action under these terms and conditions can only be brought in the courts of the Republic of Bulgaria (or in the courts of any EU Member State where you have a statutory right to bring legal action under these terms and conditions).

23. What data breach procedures we have in place

We use the latest technologies in data protection and make sure to comply with the latest standards set by the controlling authorities. In a case of a breach, we will notify you and our providers, to whom this might affect, and any third-parties that might be connected with the incident, as soon as our ability allows. Our job is to stop breaches as soon as they arise and will do everything in our power to protect the data we collect.

24. What third parties we receive data from

We may collect data for you from our partners, without whom the services we provide cannot be realized. All the data that we collect will abide by our Privacy Policy

25. What automated decision making and/or profiling we do with user data

We may pre-approve you for specific offers we deem that may be suitable for you. In no way we would exclude you from any other offers based on the automated decision making if you decide to apply manually for any of the desired services and products, where your case will be reviewed by a non-automated process.