Terms of use IAM

BKK EWE, Staulinie 16-17, 26122 Oldenburg, telephone number: 0441/350285101, e-mail address: info@bkk-ewe.de, hereinafter referred to as "health insurance company", offers its insured persons, hereinafter referred to as "users", the use of an individual and state-of-the-art identification and access management tool (hereinafter referred to as "IAM"), by means of which the user can verify and identify himself for various mobile applications.

The IAM is intended to provide users with access control for all currently existing and future electronic healthcare applications.

These general terms and conditions of use ("Terms of Use") constitute the legal framework for registration and use by insured persons of the Health Insurance Fund ("Users"). They apply between the Health Insurance Fund and the Users.

Further information on how the IAM works and the associated registration options can be found in the information material, which can be accessed by the user at www.bkk-ewe.de/ihr-service/ePA throughout the term of these Terms of Use.

The subject of these Terms of Use is the temporary provision of the IAM Tool by the respective responsible health insurance company to its insured persons.

For various apps, the IAM is necessary for identification or authentication and is to be downloaded by the user independently from the corresponding app stores of Google and Apple as a component of other apps and installed according to the instructions.

The technical requirements can be found in the information sheet of your health insurance company.

3.1 The IAM is provided to the Health Insurance User free of charge.

3.2 Access to the IAM is via the Internet. The user is responsible for providing Internet access and the hardware required for access to the IAM. The user must ensure that their smartphone is not rooted or jailbroken.

3.3 Beyond the functions prescribed by law, the User has no claim to the provision of the IAM in a certain form, with a certain design or with certain functionalities. The health insurance company reserves the right, at its reasonable discretion and taking into account the interests of the User, to change individual - not legally required - functionalities or services of the IAM, in particular to expand or limit functions or services or to terminate them in whole or in part. The user will be informed in due time before any termination of functions or services.

3.4 The IAM and/or individual components may be temporarily unavailable or only of limited use as a result of technical malfunctions. The User has no claim against the health insurance fund that the IAM and/or the content and components offered are always available or available at certain times. The health insurance fund is not obligated to guarantee uninterrupted and error-free access to the IAM or certain content and applications at all times.

Registration and the conclusion of the contract for the IAM are always carried out in German. As part of the registration process, the user is requested to enter the correct and complete information about their identity.

4.1 Registration process
At the beginning of the registration process, the user is given the opportunity to take note of the privacy policy. The user then consents to the use of their data for registration and accepts the terms of use.

The user can access the documents via the links

www.bkk-ewe.de/ihr-service/epa/nutzungsbedingungen

www.bkk-ewe.de/ihr-service/epa/datenschutzerklaerung

download and save.

Next, the user must consent to the data processing vis-à-vis the health insurance company in a manner that complies with data protection laws, whereby consent can be revoked at any time in writing and without stating reasons.

4.2 Upon completion of registration, the user has completed all necessary activities for secure authentication. The user can then start, set up and manage all electronic applications made available to him.

4.3 Deletion of the IAM account
If the user does not complete the registration process within 100 days, the IAM account created up to that point is automatically deleted. If the customer does not log in within 180 days, their IAM account will be deleted.

4.4 Validity of login to the IAM
The user will be asked to re-enter their access data in the IAM after 7 days.

5.1 The regulations of the Google and Apple app stores must be observed for the installation of the IAM. This applies in particular to the specifications for the age of the user.

5.2 The use of the IAM is voluntary for all users. The user can revoke the setup of the IAM at any time. Failure to complete registration means that none of the healthcare applications for which successful registration and identification is a prerequisite can be used.

5.3 The User must provide the health insurance company with complete and correct information for the proper execution of the contractual relationship.

5.4 The User may only use the IAM for the intended purpose of the service and to the agreed extent. Any other use, in particular the misuse of functions of the ePA, is prohibited.

5.5 The User must keep his access data secret from third parties. The user is responsible for each access to the IAM with his access data. The user account may not be passed on to third parties for access to the IAM.

5.6 It is prohibited to use the IAM for unlawful, obscene, abusive or fraudulent acts, such as causing or facilitating harm, compromising the integrity or security of systems or networks, bypassing filters, sending unsolicited, misleading or abusive messages, distributing malicious software, viruses or infringing the rights of third parties.

5.7 Blocking:
The health insurance fund is entitled, at its reasonable discretion and taking into account the interests of the user, to temporarily or permanently block the use of the IAM by the user or to terminate the user contract without notice if the user exceeds the limits of permissible use of the IAM by violating these terms of use or applicable law and the health insurance fund has previously requested the user to remedy or cease the violation within a reasonable period of time. The health insurance fund may also delete the user's IAM if it has reasonable indications that the user is using the IAM in an unlawful manner.

5.8 Specifications in the event of the death of a user
The death of an insured person does not lead to the automatic deletion of the user-specific access data in the IAM. Deletion after the death of the insured person can only be carried out by the authorized representative or heirs by means of written notice of termination with proof of the status of heir or authorization.

The user is advised that he alone can ensure during his lifetime that authorized representatives or heirs can gain access to the encrypted data after his death. The user can do this either by granting power of attorney or by depositing the PIN for the eGK and the user name and password in the will.

6.1 The Health Insurance Fund is exclusively entitled to the rights of use under copyright law. The Health Insurance Fund grants the User a non-exclusive, non-transferable, non-sublicensable, revocable right, limited to the term of this User Agreement, to use the IAM for private, non-commercial purposes for the registration and identification of his person.

6.2 The User may use the IAM only to the extent to which he is authorized by the User Agreement and for which the IAM is intended. Any use beyond this is prohibited.

6.3 It is prohibited to back-translate, disassemble, reproduce, modify, make publicly available or distribute the software of the IAM.

7.1 The health insurer guarantees the basic operability of the IAM. It shall eliminate any errors in the IAM within a reasonable period of time and shall ensure that the use of the IAM does not conflict with any third-party rights. The warranty shall apply to the current version available to the User.

7.2 Warranty claims shall not exist for insignificant defects.

7.3 The health insurance company also fulfills its obligation to provide subsequent improvements by making updates available for download in the respective Google and Apple app stores and by offering the user support to solve any installation problems that may arise.

7.4 A functional impairment of the IAM resulting from hardware defects on the part of the User, environmental conditions, incorrect operation or the like shall not be considered a defect.

7.5 The User is obligated to notify the health insurance company immediately of any defects in the IAM. The User shall support the health insurance fund in diagnosing and eliminating errors, in particular by specifically describing any problems that occur, informing the health insurance fund comprehensively and granting the health insurance fund the time and opportunity required to eliminate the defects.

7.6 No warranty is assumed for the correctness and completeness of the content of data inventories in stored form.

7.7 If, during the search for errors and causes of errors, it turns out that these are not due to a defect in the IAM, the IAM has been modified, used outside the specified environment or operated incorrectly, there is no defect.

7.8 Further warranty claims are excluded.

8.1 The health insurance fund is liable for intent, gross negligence and for the absence of warranted characteristics.

8.2 The health insurance fund shall only be liable for slight negligence if an obligation is breached, the fulfillment of which makes the proper execution of the contract possible in the first place and the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the user regularly relies. However, the health insurance fund is not liable for damage that is not foreseeable and not typical for the contract.

8.3 Any strict liability of the health insurance fund for errors already existing upon conclusion of the contract pursuant to § 536a BGB is expressly excluded.

8.4 The health insurance fund shall not be responsible for delays in performance in the event of force majeure, industrial action, official measures, unforeseeable failure of means of transport or energy and other unavoidable events, even if these circumstances occur at a supplier of the health insurance fund. The obligation to provide the service shall not apply if one of these events leads to an impossibility for which the health insurance fund is not responsible.

8.5 Insofar as data, files and information originate from third parties and are merely processed by the health insurance fund, no liability is assumed for their accuracy and completeness.

8.6 The above provisions shall also apply to claims under Section 284 of the German Civil Code (BGB) for reimbursement of futile expenses.

8.7 In the event of data loss, the health insurer shall only be liable if the user has complied with the obligations imposed in these Terms of Use when handling the data stored in the IAM. Liability for the recovery of the user's data is also limited to the costs necessary to recover the data if it is regularly backed up in the manner specified by the health insurance fund or can otherwise be reconstructed from machine-readable data material with reasonable effort.

8.8 Liability under the Product Liability Act and for damages arising from injury to life, limb or health, for fraudulently concealed defects or the assumption of a guarantee shall remain unaffected by these liability provisions.

8.9 Section 44a TKG (Telecommunications Act) shall remain unaffected.

8.10 There is no further liability on the part of the health insurance fund.

8.11 The above clauses shall also apply to claims for damages against legal representatives, executive employees or other vicarious agents of the health insurance fund.

The Health Insurance Fund offers support to ePA users to answer general questions about the ePA's features. The service hours for Support are as follows: Monday - Friday, 7:00 a.m. - 6:00 p.m., except federal holidays and Dec. 24 and Dec. 31.

The authorization to access the support is checked by the health insurance company at the beginning of the respective support request. The user is not entitled to have questions answered within a certain period of time.

10.1 The User may terminate the User Agreement with the health insurance company at any time without giving reasons and without observing a notice period. The User must declare the termination in writing or in person to his health insurance company.

10.2 The Health Insurance Fund may terminate the User Agreement,

a) if the user terminates his/her insurance relationship with the health insurance company, or

b) or does not accept the amended Terms of Use in accordance with Chapter 12.2.

10.3 The health insurance company informs the user about the received cancellation and tells him on which date the deletion will be executed by the health insurance company by commissioning BITMARCK.

10.4 The right to extraordinary termination without notice for good cause shall remain unaffected.

11.1 The Health Insurance Fund is entitled to amend these Terms of Use at any time during the term of this User Agreement. The health insurance company shall inform the user of any amendments to these terms of use. As soon as the User accepts the amended Terms of Use, the amendments will become effective.

11.2 The User can access the currently valid version of the Terms of Use via the IAM home page (via the "avatar icon" to the IAM Self-Service). There he will find the items View and Retrieve Consents. If the user does not accept an amendment to the terms of use, the old terms of use remain in force. In this case, the health insurance company is entitled to terminate the user agreement within 100 days.

11.3 The Health Insurance Fund is also entitled to amend these Terms of Use without obtaining the User's consent,

a) as far as the amendment of the terms of use is only advantageous for the user;

b) insofar as the amendment relates only to new functions, services or parts of services and the amendment does not affect the valid service and contractual relationship;

c) to the extent that the amendment is necessary to implement applicable legal requirements (e.g., in the event of a change in the applicable legal situation) and the amendment only has an insignificant adverse effect on the user; or

d) insofar as the health insurance fund thereby complies with a binding decision of the authorities or a binding court ruling, and the amendment only has an insignificant adverse effect on the user. The health insurance company will inform the user of any changes in the IAM.

12.1 These Terms of Use are governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

12.2 If the user is a consumer and has his habitual residence during the use of the ePA in a country other than the Federal Republic of Germany, mandatory legal provisions of this other country shall remain unaffected by the choice of law made in section 12.1. A consumer within the meaning of this Section 12 is any natural person who enters into the User Agreement for private use (i.e. the use is for the most part neither part of his commercial nor his independent professional activity).

In the event that any provision of these Terms of Use is held to be invalid, the remaining provisions shall remain in full force and effect, except where adherence to the Terms of Use would cause undue hardship to either party.