Instruction of Revocation on Comprehensive Insurance
Section 1
Right of Revocation, Consequences of Revocation and Specific remarks
Right of Revocation (VG 313E-Gruppe-Voll‒12.21)
You may cancel your contractual declaration within a cancellationperiod of 14 days without stating the reasons in writing (e.g. letter, fax, e-mail). This period begins at the time you receive the insurance confirmation, the insurance conditions including the general terms and conditions of insurance applicable to this contractual relationship, which in turn include the tariff provisions, these instructions, the information sheet about insurance products, and the further information listed in section 2 if and as far as this information is possible according to the kind of the group insurance contract;
all information must be in text form. Sending the cancellation in good time is sufficient to comply with the cancellation period. The revocation shall be addressed to:
Hallesche Krankenversicherung a.G. Reinsburgstraße 10, 70178 Stuttgart. In the event of revocation by fax, it shall be sent to the following fax number: 0711 6603-333
Consequences of Revocation
If the cancellation is valid, the insurance cover will end. If you agreed to have the insurance begin before the cancellation period ends, the insurer must refund you the portion of the premiums that was payable for the time after receipt of the cancellation notice. The insurer will be permitted to retain the portion of the premiums that is payable for the time up to receipt of the cancellation notice; this portion will be calculated as one-thirtieth of the total monthly premium stated on the insurance confirmation for each day that insurance cover existed. The insurer must refund repayable amounts without undue delay and no later than 30 days after receipt of the notice of cancellation. If the insurance cover is not starting prior to the expiry of the revocation period then the effective revocation results in reimbursing the received benefits and to return the therefrom obtained benefits (e.g. interests). If you have applied your right of cancellation to the insurance contract and it is valid, you will not be bound to any other contract in connection with the insurance contract. Such a contract is given, if it is in connection with the revocated contract and if a service of the insurer or a third party on the basis of an agreement among a third party and the insurer is concerned. No contract penalty may be agreed upon or may be demanded.
Specific remarks
Your right to cancel is void if both you and the insurer have completely fulfilled your and its obligations under the contract based on your explicit request prior to you exercising your right to cancel.
Section 2
List of further information necessary for cancellation period to begin in connection with the further information specified in section 1, second sentence, the following lists each individual information obligation:
Subsection 1
Information obligations for all insurance lines
- the identity of the insurer and any subsidiary through which the contract is intended to be signed; the insurer must also specify the companies register in which the underlying legal entity is recorded and the associated registration number
- (if the insurance is to be managed by a third-party administrator) the identity of a representative of the insurer in the member state of the European Union in which you are domiciled if such a representative exists, or the identity of a commercially active individual who is distinct from the insurer if you have commercial dealings with this individual along with the capacity in which this individual will be acting in dealings with you
-
- an address of the insurer that is capable of service of legal documents and every other address that is significant for the business relationship between the insurer and you; for legal entities or associations or groups of individuals: the name of a person authorised to represent the entity/association/group; if the information is communicated by sending the contractual provisions that include the general terms and conditions of the insurance: the information must be in a form that is emphasised and designed to be clear
- (if the insurance is to be managed by a third-party administrator) every other address that is significant for the business relationship between a representative of the insurer or another commercially active individual within the meaning of sub-subsection 2 and you; for legal entities or associations or groups of individuals: also the name of a person authorised to represent the entity/association/group; if this information is communicated by sending the contractual provisions that include the general terms and conditions of insurance: the information must be in a form that is emphasised and designed to be clear
the insurer’s main business activity
information about the existence of a guarantee fund or other compensation arrangements; the name and address of the guarantee fund must be provided
the essential characteristics of the insurance benefit(s), particularly information about the nature and scope of the insurer’s benefit(s) and when it/them are due
the total price of the insurance including all taxes and other pricing components, with premiums being presented individually; if the insurance is intended to comprise multiple independent policies or if an exact price cannot be provided: information about the foundations for calculating the price, allowing you to review the price
specifics about payment and fulfilment, including about how to pay the premiums
information about how the contract takes effect, especially about the beginning of the insurance and insurance cover and the duration of time for which the applicant will be bound to his or her application
the existence or non-existence of a right of cancellation and the terms and conditions, the specifics for exercising this right – including the name and address of the person to whom the cancellation must be declared – and the legal consequences of cancellation, including information about the amount that you might need to pay if you cancel the contract; if the information is communicated by sending the contractual provisions that include the general terms and conditions of the insurance: the information must be in a form that is emphasised and designed to be clear
- information about the term of the contract/policy period
- information about the minimum duration of the contract
information about ending the contract, particularly information about the contractual terms and conditions for terminating it, including any penalties; if the information is communicated by sending the contractual provisions that include the general terms and conditions of the insurance: the information must be in a form that is emphasised and designed to be clear
the member states of the European Union whose laws the insurer uses as a basis for initiating relations with you before signing the insurance contract
the laws governing the contract or a contract clause about the laws or court governing the contract
the languages in which the insurance terms and conditions and the advance information specified in this subsection are communicated and the languages in which the insurer is required to conduct communication with your approval while this contract is valid
any potential recourse that you may have to an out-of-court complaints or legal redress procedure and, if applicable, the requirements for this recourse; this information must explicitly point out that your option to take legal action is not affected by such recourse
the name and address of the competent supervisory authority and information about the option to lodge a complaint with this supervisory authority
Subsection 2
Additional information obligations for this health insurance
For this health insurance, the insurer must provide you with the following information in addition to the information set out above:
- information in euros about the amount of the costs built into the premium, with the contract conclusion costs that are built into the premium being presented as a single total amount and the other built-in costs being presented as a proportion of the annual premium and the relevant policy period being spelled out with this information; for the other built-in costs, the built-in administration costs must also be presented separately as a proportion of the annual premium and the relevant policy period must be spelled out with this information
- information in euros about other potential costs, in particular costs that can arise one time only or for special reasons
- information about the effects of rising healthcare costs on the future development of the premium
- information about the possibilities for limiting the premium amount in old age, particularly about the possibilities for switching to the basic tariff or other tariffs under § 204 of the German Insurance Contract Law and for agreeing on policy exclusions and about the possibilities for reducing the premium under § 152 Para. 3 and 4 of the German Insurance Supervision Law
- information about how switching from private to public (“statutory”) health insurance at an advanced age is usually prohibited
- information about how switching between private health insurers or policies at an advanced age can be associated with higher premiums and, if relevant, about how switching to the basic tariff might be restricted
- an overview in euros of the premium development (i.e. increases and decreases) in the ten years preceding the offer of insurance; information must be provided about what monthly premium would have been payable in each of the ten years preceding the offer of insurance if the insurance contract had been concluded in those years by a person of the same gender as you, joining the insurer at an age of 35; if the tariff on offer has not yet existed for ten years, the time at which the tariff was launched must be used as a basis and information must be provided about how the meaningfulness of the overview is limited due to the short amount of time that has passed since the tariff was launched; in addition, the development of a comparable tariff that has existed for ten years must be presented
Yours
Hallesche Krankenversicherung
Declaration of Data Protection (VG 360E-Voll‒08.21)
I. Consent of Inquiry and Use of Health Data and Release from the Professional Oath of Secrecy
The regulations of the Insurance Contract Law, the Federal Data Protection Law as well as other regulations concerning data protection do not include sufficient legal basis for the inquiry, processing and usage of health data by insurance companies. Hallesche Krankenversicherung therefore requires your consent concerning data protection matters in order to in quire your health data for this application resp. demand for an offer and to use them for your contract. Furthermore, Hallesche Krankenversicherung requires your releases from the professional oath of secrecy in order to be allowed to inquire your health data with bodies such as doctors, for example, who are obliged not to pass on such data. As a private health insurance company Hallesche Krankenversicherung further requires your release from the professional oath of secrecy to be allowed to pass on your health data or further data protected as per § 203 of the German Penal Code (Strafgesetzbuch) such as the fact that you have concluded a contract with us to further bodies such as assistance companies or IT service providers. You are free not to submit your consent/release from confidentiality or to revoke it at the address provided above at any time with effect for the future. We do, though, want to make you aware of the fact that the conclusion or execution of a contract of insurance will usually not be possible without the processing of health data. The declarations concern the handling of your health data and other data protected as per §203 of the German Penal Code (StGB)
- by Hallesche Krankenversicherung directly (see 1.),
- in connection with the enquiry with third parties (see 2.),
- as far as the passing on to bodies different from Hallesche Kranken versicherung (see 3.) are concerned and
- if the contract has not been concluded (see 4.).
The declarations are valid for the persons legally represented by you such as your children as far as they do not recognize the meaning of this consent and are therefore not in a position to give their own declarations.
1. Hallesche’s Inquiry, Storage and Use of Health Data Given by You
I agree that Hallesche Krankenversicherung inquires, stores and uses health data given by me in this application resp. demand for an offer and given in future as far as they are necessary for the verification of the application resp. demand for an offer as well as for the implementation, handling and ending of this insurance contract.
2. Inquiry of Health Data by Third Parties
2.1. Inquiry of Health Data by Third Parties to Check the Risk and to
Verify the Obligation to Pay
It may become necessary to ask for information with different bodies which have access to your health data to estimate the risks to be insured. Furthermore it may be necessary for the verification of the obligation to pay that Hallesche Krankenversicherung has to check the details of your health status which you have given to lay claims or which result from the documents handed in (such as invoices, prescriptions, expertises) or any information of a doctor or other persons of the health sector. This verification will only be effected if it becomes necessary. Hallesche Krankenversicherung requires your consent, your release from the professional oath of secrecy included, for itself as well as for any institutions of the health sector, if health data or any information protected as per § 203 of the German Penal Code have to be passed on in the frame of any enquiries concerning health data.
I wish that Hallesche Krankenversicherung informs me in each case about the reason and necessity before contacting any persons or institutions for any information. I shall then decide if
- I agree to release the persons or institutions mentioned as well as their employees from their professional oath of secrecy for the collecting and using of my health data by Hallesche Krankenversicherung and to passing on of my health data to Hallesche Krankenversicherung
- or if I collect the required documents myself. I am aware that this may lead to a delay of the handling of my application resp. demand for an offer or the verification of the obligation to pay.
As far as the declarations above concern any details of my application resp. demand for an offer these are valid for the period of three years after the conclusion of the contract. If Hallesche Krankenversicherung might have concrete clues after the conclusion of the contract that intentionally wrong or incomplete details have been given and that therefore the check of the risk has been influenced, these declarations are valid up to ten years after the conclusion of the contract.
2.2. Declarations in the Event of Your Death
For the verification of the obligation to pay it may be necessary after your death as well to check health data. A verification may also be necessary if Hallesche Krankenversicherung gets concrete clues within the period of up to ten years after the conclusion of the contract that wrong or incomplete details have been given on the application resp. demand for an offer and that therefore the check of the risk has been influenced. Also for that case we require a consent and a release from the professional oath of secrecy.
For the event of my death I agree that Hallesche Krankenversicherung – as far as necessary – collects my health data with doctors, nursing personnel as well as employees of hospitals, other clinics, nursing homes, personal insurers, statutory health insurances, trade associations and authorities to verify the obligation to pay or for a necessary new verification of the application resp. demand for an offer and to use these information for this purpose.
I release the persons mentioned as well as the employees of the above institutions from their professional oath of secrecy as far as my duly secured health data of examinations, consultations, treatments as well as insurance applications resp. insurance demands for an offer and contracts will be sent to Hallesche Krankenversicherung from a period of up to ten years before my applying to Hallesche Krankenversicherung.
Furthermore I agree that in this connection as far as necessary my health data will be passed on by Hallesche Krankenversicherung to these institutions and also release all persons working for Hallesche Krankenversicherung from their professional oath of secrecy.
As far as the declarations above concern any details of my application resp. demand for an offer these are valid for the period of three years after the conclusion of the contract. If Hallesche Krankenversicherung might have concrete clues after the conclusion of the contract that intentionally wrong or incomplete details have been given and that therefore the check of the risk has been influenced, these declarations are valid up to ten years after the conclusion of the contract.
3. Passing on of Your Health Data and Further Data Protected as per § 203 of the German Penal Code outside Hallesche Krankenversicherung
Hallesche Krankenversicherung obliges the below mentioned persons and authorities to stick to the regulations of data protection and data security.
3.1. Passing on of Data for the Medical Expertise
It may become necessary to contact medical experts for the assessment of the risks to be insured and for the verification of the obligation to pay. Hallesche Krankenversicherung requires your consent and release from the professional oath of secrecy if your health data and further data protected as per § 203 of the German Penal Code may be passed on in this connection. You will be informed about the respective data transfer.
I agree to the Hallesche Krankenversicherung’s passing on of my health data to medical experts if this is necessary in the frame of the check of the risk or the verification of the obligation to pay. I further agree that my health data will be used according to this aim with these persons and that the results will be sent back to Hallesche Krankenversicherung. In the connection of my health data and further data protected as per § 203 of the German Penal Code I release all persons working for Hallesche Krankenversicherung and medical experts from their professional oath of secrecy.
3.2. Passing on of Tasks to Other Bodies (Companies or Persons)
Hallesche Krankenversicherung does not carry through definite tasks itself, such as the check of the risk, the handling of claims or the customer advisory service on the phone. During those tasks it may be possible that your health data may be collected, handled or used. These tasks are passed on to another company within the Alte Leipziger – Hallesche group or any other body. If data protected as per § 203 of the German Penal Code are passed on for these tasks, Hallesche Krankenversicherung requires your release from the professional oath of secrecy for itself and if necessary for the other bodies.
Hallesche Krankenversicherung has a list which is continually updated mentioning all the bodies and categories of bodies which collect, handle or use health data for Hallesche Krankenversicherung as per the agreement mentioning the tasks transferred.
The currently valid list is attached to the declaration of consent. A current list may also be looked into on the homepage (on www.hallesche.de/dienstleisterliste) or may be demanded with the company’s data protection supervisor (address: Hallesche Krankenversicherung a. G., Reinsburgstraße 10, 70178 Stuttgart) or on the phone on 0800 3020100.
Hallesche Krankenversicherung requires your consent for the passing on and the using of your health data by the bodies mentioned on the list.
I agree that Hallesche Krankenversicherung passes on my health data to the bodies mentioned in the above list and that my health data may be collected, handled and used for the purposes mentioned there to the same extent as Hallesche Krankenversicherung may do this. If necessary, I release the employ ees of Alte Leipziger – Hallesche group and other companies or persons from their professional oath of secrecy as far as the passing on of health data or other data protected as per § 203 of the German Penal Code are concerned.
3.3. Passing on of Data to Re-Insurers
In order to cover your claims Hallesche Krankenversicherung may call in reinsurers which take over the total risk or part of it. In some cases the reinsurers involve further reinsurers to which they pass on your data as well. In order to be in a position to evaluate the risk or the event insured against occurred, it is possible that Hallesche Krankenversicherun passes on your insurance application resp. insurance demand for an offer or claim to the reinsurer. This especially is the case if the amount insured is very high or if it is a risk which is difficult to assess.
Above that it is possible that the reinsurer supports Hallesche Krankenversicherung with the verification of the risk or obligation to pay due to its special knowledge of the facts as well as to assist with the evaluation of the handling of special processes.
If reinsurers have taken over the coverage of the risk, they may control if Hallesche Krankenversicherung has evaluated properly the risk or the event insured against.
Furthermore data of your existing contracts and applications may be passed on to reinsurers so that they may check if and to which extent they may take over the risk. For the invoicing of premiums and claims data of your existing contracts may be passed on to reinsurers.
For the above mentioned purposes usually anonymous or pseudonymous data will be used if possible, but also personal health data may be used. Your personal health data will only be used for the above purposes by reinsurers.
You will be informed about the passing on of your health data to reinsurers by Hallesche Krankenversicherung.
I agree that my health data is passed on to reinsurers – as far as necessary – and is used for the mentioned purposes. As far as necessary, I release the persons working for Hallesche Krankenversicherung from their professional oath of secrecy as far as the health data and further data protected by § 203 of the German Penal Code are concerned.
3.4. Passing on of Data to Independent Agents
In principle, Hallesche Krankenversicherung does not pass on any details of your health to independent agents. However, in the following cases it might be that data which allow conclusions of your health or information of your contract protec ted as per § 203 of the German Penal Code may be passed on to insurance agents for their knowledge.
If it is necessary for the consultation about your contract, the agent who will consult you may get information if and possibly on which conditions your contract may be accepted (e.g.conclusion of contract with risk surcharge, exclusion of certain risks).
The agent who has procured your contract will get to know if and to which conditions your contract has been concluded. The agent also gets to know if risk surcharges or exclusions of certain risks have been concluded.
If the agent responsible for your contract changes, possibly your contract data with information about existing risk surcharges and exclusions of certain risks may be passed on to the future agent. You will be informed about the change of your agent before the passing on of your health data as well as about your possibility to contradict.
I agree that Hallesche Krankenversicherung passes on my health data and other data protected as per § 203 of the German Penal Code in the above cases – if necessary – to the independent insurance agent responsible for my contract and that my health data may be collected, stored and used for consultation purposes.
My agreement is valid accordingly for the passing on of data and the data processing of broker pools or other service providers (such as the operators of software to compare insurance products, of administration programmes for brokers) which my broker intervenes for the conclusion and the administration of my insurance contracts. I may ask for the respective service providers with my broker.
4. Storage and Usage of Your Health Data if the Contract is not Concluded
If the contract is not concluded, Hallesche Krankenversicherung stores your health data collected within the frame of the check of the risk in the event that you again apply for insurance coverage. Hallesche Krankenversicherung also stores your data to be in a position to answer possible questions of further insurers. Your data will be stored with Hallesche Krankenversicherung up to the end of the third calendar year after the year of application resp. demand for an offer.
I agree that Hallesche Krankenversicherung stores and uses my health data – if the contract is not concluded – for a period of three years from the end of the calendar year of application resp. demand for an offer for the above purposes.
II. Inquiry of Health Data with Third Parties to Check the Risk when Handling Your Application resp. Offer
It may be necessary to collect information with bodies who dispose of your health data for the evaluation of the risk to be insured within the frame of the handling of your application resp. offer. This verification is only effected if it is necessary. Hallesche Krankenversicherung requires your consent as well as your release from the professional oath of secrecy for itself and for these bodies if within the frame of these inquiries health data or further information protected as per § 203 of the German Penal Code have to be passed on.
I agree that Hallesche Krankenversicherung collects and uses my health data for these purposes – as far as this is necessary for the evaluation of the risk of this application resp. demand for an offer – with doctors, nursing persons as well as staff of hospitals, other clinics, nursing homes, personal insurers, statutory health insurers, trade associations and public authorities mentioned in this application resp. demand for an offer.
I release the persons mentioned and the employees of the mentioned institutions from their professional oath of secrecy if as permitted my stored health data and further data protected as per § 203 of the German Penal Code of examinations, consultations, treatments as well as insurance applications resp. demands for an offer and contracts are passed on to Hallesche Krankenversicherung of a period of up to ten years before my application resp. demand for an offer.
I further agree that in this connection – as far as necessary – my health data and other data protected as per § 203 of the German Penal Code are passed on by Hallesche Krankenversicherung to these companies and persons and also release the persons working for Hallesche Krankenversicherung from their professional oath of secrecy already at present.
III. Consent to the Obtaining of Credit Information and the Use of the Results
In order to evaluate your general payment behaviour, we obtain information from credit agencies (e. g. SCHUFA) as far as is necessary to safeguard our legitimate interests. Further information concerning SCHUFA, please refer to the attached SCHUFA information sheet.
I agree that my general personal data are used taking into consideration the principles of economic usage of data and of avoiding producing data
- for the handling of the application resp. demand for an offer, contract and claims so that Hallesche Krankenversicherung directly collects information about my general payment behaviour. This may also be effected by a company of the Alte Leipziger – Hallesche group or a credit agency (e. g. SCHUFA).
- for the handling of the application resp. demand for an offer, contract and claims so that Hallesche Krankenversicherung or a credit agency collects information about my solvency or about the customer relation (scoring) on the basis of mathematicalstatistical proceedings.
Furthermore, I consent to the reevaluation of the results of my creditwort hiness check during the first five years of the term of this contract in order to check and improve the acceptance guidelines or other measures protecting the community of insured persons.
IV. Information on the Implementation of the General Data Protection Regulation (EU)
The General Data Protection Regulation (GDPR, German: EUDatenschutz Grundverordnung DSGVO) came into effect on 25 May 2018 in all member states of the European Union. The GDPR standardises the rules for the processing of personal data. Thus, the protection of personal data is guaranteed and free data traffic within the European Union is ensured. The new GDPR regulations especially provide a high degree of transparency in data processing and extensive rights for the people involved. For further information on data protection, please check our website: www.hallesche.de/datenschutz. With these notes we inform you about the processing of your personal data by the Hallesche and the rights you are entitled to according to data protection law.
1. Person Responsible for Data Processing
Hallesche Krankenversicherung a. G.
Reinsburgstraße 10
70178 Stuttgart
Phone: 0711 66030
Fax: 0711 6603333
email address: service@hallesche.de
You can contact our data protection officer by post using the address mentioned above and adding “Datenschutzbeauftragter”, or via email: datenschutz@hallesche.de.
2. Purpose and Legal Basis of Data Processing
We process your personal data in accordance with the General Data Protection Regulation (GDPR), the Federal Data Protection Law, the clauses of the Insurance Contract Law regarding data protection law, and all other significant laws. Furthermore, our company is committed to the “Rules of conduct in handling personal data in the German insurance industry” which state the laws mentioned above more precisely for the insurance industry. You can call them up on the internet: www.hallesche.de/codeofconduct. If you put in an application resp. a demand for an offer for insurance coverage, we need the details you give us in order to complete the contract and to assess the risks we are taking. If an insurance contract is achieved, we will process this data in order to carry out the contractual relationship, e. g. for policy issue or invoicing. For example, in case of a claim we need details in order to be able to check whether an event covered by insurance has occurred and how high the reimbursement will be. The completion or execution of the insurance contract is not possible without processing your personal data. Furthermore, we need your personal data in order to create insurance specific statistics, e. g. for the development of new tariffs or to carry out regulatory guidelines. We use the data of all existing contracts with us to get an overall impression of the customer relations, for example to advise on modifying or adding something to a contract, to make decisions about goodwill gestures or to provide detailed infor mation. The processing of personal data for precontractual and contractual purposes is legally based on Article 6(1)(b) of the GDPR. If this requires a special category of personal data (e. g. your health data at the time of the conclusion of a life insurance contract), we will ask for your consent according to Article 9(2)(a) in conjunction with Article 7 of the GDPR. If we use these data categories in order to create s tatistics, it will be on the basis of Article 9(2)(j) of the GDPR in conjunction with section 27 of the Federal Data Protection Law. We also process your data to safeguard our legitimate interests or those of third parties (Article 6(1)(f) of the GDPR). This may especially be necessary
- in order to ensure IT safety and IT operations,
- in order to advertise our own insurance products and other products of the companies of the Alte Leipziger – Hallesche group or for conducting market and opinion surveys,
- in order to prevent and investigate criminal offenses, we particularly use data analysis to find indications of insurance fraud.
In addition to that, we use your personal data to carry out legal obligations like regulatory guidelines, the obligation to preserve business records pursuant to commercial or tax law or our legal duty to give advice. In this case, the processing is legally based on the respective legal regulations in conjunction with Article 6(1)(c) of the GDPR. Should we want to use your personal data for a purpose not mentioned above, we will inform you beforehand in accordance with the legal regulations.
3. Categories of Recipients of Personal Data
Reinsurers:
We insure our assumed risks with special insurance companies (reinsurers). In order to do this, it may be necessary to share information on your contract and, if need be, claims data with a reinsurer in order for him to get an idea of the risk or the claim. The Hallesche Krankenversicherung will inform you about any conveyance of your health data to reinsurers and will ask you for your consent.
Agents:
As far as your insurance contracts are managed by an agent, your agent may process the application, bidding, contractual and performance data necessary to conclude and execute the contract. Our company may, too, share this data with the agents responsible for you as far as they need this information to advise you on and manage your insurance and financial service matters.
Data Processing in the Alte Leipziger – Hallesche group: Specialised companies or departments of our ALH group exercise particular tasks concerning data processing for the affiliated companies of the ALH group.
As far as there is an insurance contract between you and one or more companies of the ALH group, your data can be processed centrally by one of the companies of the ALH group, for example to manage address information, for the customer service by phone, to process contractual and performance data, for collection and disbursement, or for mail processing. You can find all companies taking part in central data processing on our list of service providers.
External Service Providers:
We partly use external service providers in order to carry out our contractual and legal obligations.
You can find a list of all our principals and service providers (with whom our business relations are not just temporary) in the schedule or the latest version on the internet: www.hallesche.de/dienstleisterliste.
Other Recipients:
In addition, we may share your personal data with other recipients such as public authorities to comply with legal disclosure requirements (e. g. social security agencies, tax authorities or prosecution services).
4. Duration of Data Storing
We will delete your personal data as soon as it is no longer needed for the purposes mentioned above. It may happen that this personal data will be stored as long as claims can be made from our company (statutory limitation of three up to thirty years). Furthermore, we store your personal data as far as we are legally required to do so. The relevant accountability and obligations to preserve business records result, among other things, from the Commercial Code, the tax code and the money laundering law. Thereafter, the storage periods may be up to ten years after the end of the contract.
5. Rights of the Persons Affected
You may request information on your personal data at the address mentioned above. Furthermore, you may under certain circumstances demand the correction or deletion of your data. In addition, you may have the right to limit the processing of your data as well as the right to disclosure of the data provided by you in a structured, common and machine readable format.
Right of Opposition
You have the right to object to the processing of your data for advertising purposes. If we process your data in order to safeguard legitimate interests, you may object to this processing if reasons arise from your particular situation that speak against data processing.
6. Right of Appeal
You may direct a complaint to the data protection officer mentioned above or to the data protection authority. The data protection authority in charge is:
Der Landesbeauftragte für den Datenschutz
und die Informationsfreiheit
Königstraße 10a
70173 Stuttgart
7. Obtaining of Credit Information
As far as is necessary to safeguard our legitimate interests, we may call up information from SCHUFA in order to evaluate your general payment behaviour.
8. Data Transfer to a Third Country
Should we share personal data with a service provider outside of the European Economic Area, this will only happen if this third country is attested a sufficient level of data protection by the EU Commission or if there are other data protection guarantees (e. g. binding data protection rules within the company or EU standard contractual clauses).
9. Automated Decisions in Individual Cases
Concerning our obligation to perform a contract, we partly make automated decisions based on your information provided on the claim, data stored in connection with the insurance contract, and, if need be, information provided by third parties. Thus, we hope to reduce handling time. This is an automated and standardised testing in the form of rulebound processing steps. The decisions are, for instance, based on the use of binding negotiated regulations and universally applicable regulation fees. If the testing results in a negative decision, we will inform you about the reasons in our advice for payment. According to the legal regulations of the General Data Protection Regulation, you then have the right to file an objection against the testing results. The main reason for the objection will be examined and ruled manually.
Important Information and Declarations by the Applicant and the Person to be insured (VG 353E_Gruppe‒12.21)
General Contractual Conditions/Consumer Information
The contractual provisions including the General Insurance Conditions, the statutory information in accordance with Section 7 of the Insurance Contract Act (VVG (“Versicherungsvertragsgesetz”) and information on the consequences of violation of the disclosure obligation and of the non-payment of the initial premium for the compulsory care insurance and information on the cancellation right must be given to you in full by your agent in good time prior to your insurance declaration. Unless you have expressly declined the delivery of these documents at this point in time, please confirm receipt of the aforementioned documents on the receipt acknowledgement and return it to us together with your application.
Applicable Right
German law is applicable for this contract.
Transfer of Rights and Obligations
The rights and obligations arising from this insurance contract will be transferred from the policyholder to the principal insured person, particularly the premium payment obligation. For details, please see the Supplementary Conditions and the General Insurance Conditions.
Confirmation of income/sick pay period
I expressly confirm, if I have applied for daily sickness benefit insurance, that the daily benefits for which I have applied (if applicable together with any other existing or pending claims on statutory or private daily sickness benefit providers elsewhere) do not exceed my insurable net income (see “Income calculation for daily sickness benefits”) of the last 12 months. If I am an employee, I also confirm that the selected waiting period is not shorter than the period of my entitlement to continuation of remuneration in the event of sickness.
Customer Money Insurance
Insurance agents of Hallesche Krankenversicherung are not authorised to accept payments which the policy holder/principal insured person makes to them, unless Hallesche Krankenversicherung has issued a written authourisation to the insurance agent.
Income calculation for daily sickness benefits – Definition net income
The insurable net income is calculated as follows:
- Employees 80% of the income out of employed work which is relevant for the taxes (gross wage). Only those cash benefits of the employer are considered which are agreed upon in the contract and which are paid to the employee regularly – that is at least once a year.
- Self-employed (e.g. traders and members of liberal professions, including doctors and dentists in private practice). 80% of the income tax relevant profit out of this liberal profession (calculated as per the operating assets comparison or balance of income and expenditure).
If the policy holder/principal insured person gives proof that the tax on the gross wage or the profit is less than the 20 % lump-sum tax, he or she may request that the actual taxation is relevant. Income calculation for daily sickness benefits as per tariff KTAR –
Definition gross income
The insurable gross income is calculated as follows:
- Daily average gross income which the employee (managing director) receives from the employer (policy holder/principal insured person) during the period of inability to work.
This regulation is not valid for the continuation of coverage in another daily benefits tariff.
The insurer’s consent to daily benefits insurance
I am aware that the conclusion of further or an increase of existing hospital and/or daily sickness benefits insurance is only possible with the consent of Hallesche Krankenversicherung. In the event of deliberate or grossly negligent violation of this obligation, Hallesche Krankenversicherung is entitled, according to Section 28 of the Insurance Contract Act (VVG) (“Versicherungsvertragsgesetz”), to terminate the insurance contract without notice and/or to refuse benefits if applicable.
Co-insurance from birth
I am aware that the co-insurance of a newborn baby is possible without any risk assessment if the requirements of the General Insurance Conditions are fulfilled.
Change of Insurer
The surrender of an existing insurance policy in order to take out insurance cover with another private health insurance company is generally undesirable to both companies and is inadvisable for the person insured.
Pre-Insurer
The following types of insurance have to be stated in this instance: statutory and/or private comprehensive or supplementary health insurance, nursing care insurance, nursing care pension schemes (also with life assurers), insurance against interruption of business or other insurance policies which provide benefits in the event of sickness or need of care. For sickness benefits, daily sickness benefits, daily hospital or care benefits we ask you to state the daily amount.
Entry age
Entry age is the difference between the year of birth and the calendar year in which the insurance contract comes into effect or is amended.
Compulsory Nursing Care Insurance – Definition Total Income
Total income is the sum of all receipts as defined by the German Income Tax Law (“§ 2 para.1 Einkommensteuerrecht (EStG)”). These are especially earnings and salaries – as well as income of low-wage part-time employment (German Minijobs) –, pensions, rental income, income of capital, income of self-employment or business.
The following amounts will not be deducted:
The age tax allowance, special expenses, extraordinary expenses, child allowance, the budget allowance and other tax-deductible amounts.
On the other hand, professional expenses are deductible – except for salaries taxed at a flatrate – and the savers’ tax allowance on investment income. For severance payments, indemnity or other benefits (compensation for termination) that are paid due to the termination of employment and in a way that does not recur on a monthly basis, the monthly wage most recently received will be used for the months following the payout up until the month in which continued payment of the wage would have reached the amount of the compensation for termination. Pensions are taken into account excluding the portion attributable to compensation points for child-rearing periods. One-time payments are to be spread over all months of the year, e. g. interest payments. Profit is decisive for the self-employed. The following are not considered as income: maternity allowance, child-rearing allowance, child allowance, unemployment benefit, social security benefits, student loans (BAföG), housing benefit as well as premium allowance for health and nursing care insurance. The income limit for non-contributory coinsurance of children or reduced premiums for spouses resp. registered civil partners amounts generally to 1/7 of the monthly reference figure as per § 18 of the German Social Legislation Book IV (SGB IV), that is a monthly € 470 (as per 1 January 2022, current value may be asked for).
Contract conclusion
I am aware that the insurance contract starts upon receipt of the application at Hallesche Krankenversicherung. Insurance cover exists – with reu0002servation of any agreed health check – from the date stated on the applicau0002tion, but not prior to receipt of the application at Hallesche Krankenversicherung. On the other hand, the insurance may start up to two months prior to receipt of the application at Hallesche Krankenversicherung if provided for in the General Insurance Conditions. The premiums and any necessary risk supplements are payable from the start of the insurance cover.
add_filter( 'gform_field_value_time', 'populate_time' );
function populate_time( $value ) {
$local_timestamp = GFCommon::get_local_timestamp( time() );
return date_i18n( 'h:i A', $local_timestamp, true );
}
add_filter( 'gform_field_value_current_date', 'populate_current_date' );
function populate_current_date( $value ) {
$local_timestamp = GFCommon::get_local_timestamp( time() );
return date_i18n( 'm/d/Y', $local_timestamp, true );
}