Appendix

Data Usage Terms and Conditions under the Data Act (B2C) – anmed GmbH

These Terms of Data Use govern how you may access and use certain data relating to our products and services listed in this Annex – including which data is collected and generated, how we process this data, how you may access it, and the extent to which we are authorised to use this data.

Relevant products and services of anmed GmbH within the meaning of Section 20(1) of the General Terms and Conditions of anmed GmbH (B2C):

• ANABOX® smart medicine box;
• ANABOX® smart app.

Further information on the processing of your personal data as a user can be found in the privacy policy on our website.

1. Definitions

1.1 The definitions set out in the Data Act apply, unless otherwise specified in this section.

1.2 For the purposes of these Terms of Data Use (hereinafter: ‘TDU’), the following definitions apply, notwithstanding section1.1 :

• Data: all product data and associated service data within the meaning of the Data Act, which are generated in connection with the use of the products and services referred to above and which may be generated via a virtual assistant;
• Products: connected products, associated services and/or virtual assistants within the meaning of the Data Act; and
• Third party: an external party who is neither a user nor a data recipient within the meaning of the Data Act.

2. Scope

2.1 The DNBs govern, in particular, the use of the data, access to it and the disclosure of such data to third parties.

2.2 The DNB apply to all data-related rights and obligations under the Data Act. Where the DNB conflict with the applicable General Terms and Conditions of anmed GmbH (B2C) (hereinafter: “Main Contract”), the DNB shall prevail in that respect. In all other respects, the provisions of the Main Contract shall continue to apply.

3. Data Use s Law

3.1 The user grants the data owner the non-exclusive, irrevocable, perpetual and worldwide right to use the non-personal data for their own purposes.

3.2 The data owner’s right of use shall include – without prejudice to any statutory rights of use held by the data owner – the following purposes in particular:

• the performance of agreements with the user (in particular the main contract) or of activities in connection with such an agreement (e.g. issuing invoices, preparing and providing reports or analyses, financial forecasts, impact assessments, calculation of staff benefits);
• the provision of support, warranty, guarantee and similar services, as well as the assessment of claims by the user, the data owner and third parties in relation to the product;
• monitoring and maintaining the functionality, security and integrity of the product, as well as quality assurance;
• improving the functionality of any products offered by the data owner;
• the development of new products by the data owner, by third parties acting on behalf of the data owner (i.e. where the data owner decides which tasks are to be delegated to these parties and derives a benefit therefrom), in collaboration with other parties or through special-purpose vehicles (such as joint ventures); and
• the aggregation of the data with other data or to create derived data , for any purpose, including for the purpose of selling or otherwise making such aggregated or derived data available to third parties – provided that this data does not enable the identification of specific data transmitted to the data owner by the connected product, nor does it allow third parties to derive such data from the dataset.

3.3 The data owner shall not use the data to gain insights into the user’s financial position, assets and production methods, or for any other purpose that could undermine the user’s commercial position. Furthermore, the data owner is prohibited from accessing the user’s data or using the data in a manner that significantly harms the user’s legitimate interests, in particular where such data contains sensitive business information or is protected by trade secrets or intellectual property rights.

3.4 The data owner may only disclose non-personal product data to third parties for the purposes set out in clause3.2 , in the context of sub-licensing or transferring data usage rights. In doing so, the data owner must ensure, by contractual means, that the third party guarantees a level of protection comparable to the requirements set out in clause3.3 .

3.5 In order to achieve the agreed purposes set out in clause3.2 , the data owner may, at its own expense and under its own responsibility, use processing services such as cloud computing services (including Infrastructure as a Service, Platform as a Service and Software as a Service), hosting services or similar services at any time. Third parties may also make use of such services for the aforementioned purposes at their own expense and under their own responsibility.

4. Transfer of use

4.1 If the user (hereinafter also referred to as the ‘original user’) (i) ownership of the Product and/or (ii) their rights of use or claims to the Product to a subsequent person (hereinafter: “subsequent user”) and, following the transfer to the subsequent user, loses their status as a user, the original user undertakes to comply with the requirements set out in this clause.

4.2 Insofar as access to the data is account-based or account-linked, the original user must ensure that the subsequent user cannot use the original user’s account.

4.3 In all other cases – i.e. where data is not account-linked – the original user must ensure that the rights and obligations as a user are transferred to the subsequent user; the data owner hereby consents to such a transfer in advance. In such cases, when transferring ownership, rights of use and/or claims to the product, the original user shall ensure that the subsequent user grants the data owner a right of use to the extent set out in section3 , taking into account section10 .

4.4 If the original user grants another party (hereinafter: ‘additional user’) the right to use the product whilst retaining their own status as a user (hereinafter: ‘multiple use’), the preceding provisions of this clause shall apply accordingly.

4.5 The original user shall indemnify the data owner against all claims made by the subsequent and/or additional user against the data owner arising from a breach of the original user’s obligations under this clause.

4.6 The Data Owner’s rights to use data generated prior to the transfer shall not be affected by the transfer.

5. User access to data

5.1 Where the product is designed in such a way that the data, including the relevant metadata required for the interpretation and use of that data (hereinafter: ‘metadata’), is directly accessible to the user, the user may extract the data directly from the product. Details of whether the relevant product provides direct access, as well as information on the data that can be extracted, the file format and how the data can be extracted, can be found in the information on networked products and associated services under the product’s Data Act.

5.2 Where the user cannot access the data directly from the product, they shall, upon request, be granted access to all data readily available to the data owner – including the metadata. The request may be made by email toinfo@anmed.de , stating your email address.

5.3 Access to the data – including the metadata – as set out in clause5.2 shall be provided in at least the same quality as that available to the data owner; in any event, however, in a comprehensive, structured, commonly used and machine-readable format and, where technically feasible, continuously and in real time. The user shall be granted easy and secure access.

5.4 If the user considers their right of access to have been infringed, they are entitled to lodge a complaint with the competent authority under the Data Act. In addition, they are entitled to their statutory rights.

6. Disclosure of data to data recipients at the user’s request

6.1 The data and metadata readily available to the data owner must be made available by the data owner to a data recipient designated by the user as soon as this is requested by the user or a party authorised by them. The request may be made by email toinfo@anmed.de , stating your email address.

6.2 Further details regarding the transfer of data shall be agreed between the data owner and the data recipient.

7. No charge

The provision and transfer of the data is free of charge for the user.

8. Refusal of access to and transfer of data

8.1 The data owner is entitled to refuse access to the data in accordance with section5 or the disclosure of the data to third parties in accordance with section6 , insofar as this is prohibited by statutory provisions – in particular the GDPR, the BDSG and the TDDDG.

8.2 When making a request under sections5.2 and6.1 , the user must demonstrate that the statutory conditions are met, provided that (i) the user’s request for access to and/or disclosure of data relates to personal data and the user is not the data subject, or (ii) the provision of the data requires the storage of information on terminal equipment or access to information stored on terminal equipment.

9. Data security and integrity

The user undertakes not to alter or remove the data controller’s technical safeguards, unless the data controller has expressly consented in writing.

10. Data Protection

The processing of personal data is subject to the relevant data protection provisions (in particular those of the GDPR and the BDSG).

11. Liability and Warranty

The warranty and liability provisions of the main contract shall apply.