Terms and conditions of use

Rheinbahn AG's general terms and conditions of use for communication via Zertificonhub (secure mailbox)

§ 1 – Purpose of communication via Zertificonhub

(1)  For the secure electronic exchange of information with third parties, in particular its business partners, affiliates and customers, Rheinbahn AG (hereinafter: Rheinbahn) makes use of the Zertificonhub web application.

(2)  The Zertificonhub web application is not an email system. Its only function is that of an electronic mailbox. The sender in question makes the information available for retrieval or downloading on the system. The recipient is informed on a system-controlled basis by email about the files placed at his/her disposal for downloading. By using Zertificonhub the users accept these terms and conditions of use and agree to observe and comply with same when using the system.

§ 2 – Limitation of communicated content

(1)  Communication via Zertificonhub serves one purpose only: the exchange of confidential information. The following types of information shall be deemed to be confidential for the purpose of this provision:

•       Rheinbahn's operating secrets

•       Professional or operating secrets of third parties

•       Information covered by bank secrecy rules

•       Personal data requiring protection with the meaning of section 3 BDSG (German data protection act).

(2)  Rheinbahn shall not take receipt via Zertificonhub of any declarations or orders with the character of legal transactions.

(3)  The user shall be forbidden to process or transmit via Zertificonhub any contents which are insulting, obscene, vulgar, pornographic, libellous or criminal, or which glorify violence.

(4)  It is a basic rule that private use is forbidden. The Zertificonhub system may be used for business or professional purposes only.

§ 3 – Confidentiality / Data safety

(1)  In order to protect the data from access by unauthorised parties and to preserve confidentiality, both the posting of the data on the Zertificonhub system and its transmission (transfer at times of posting and downloading) shall be effected in encrypted form, and access to the files posted in the Zertificonhub system shall be protected by an individually assigned password.

(2)  The method used for encryption shall be at the latest recognised technological level.

(3)  The data shall not be immediately deleted on the Zertificonhub system as of retrieval, but shall continue to be available for further retrievals until the communicated expiry date (Section 4: Access to information / Timely retrieval of data).

(4)  The intended recipient / user shall ensure that no unauthorised persons gain knowledge of the communicated password.

§ 4 - Access to information / Timely retrieval of data

(1)  The files posted in Zertificonhub shall be deemed to have been delivered to the intended recipient as of successful download. The intended recipient shall be responsible for ensuring that the files placed at his/her disposal are downloaded in due time.

(2)  Rheinbahn herewith expressly states that the files made available via Zertificonhub can only be downloaded within a period of 10 calendar days, starting as from the time the files are made available.

§ 5 – Recording of processes

(1)  The following processes are recorded in the course of the communication (exchange of files):

Sender:

-  Date and time the file is posted on the Zertificonhub system,

-  email address of sender and recipient,

- complete file name of posted file,

- file sizes in megabytes,

- file identification automatically assigned internally by the system.

Recipient (under his/her email address):

-  Date and time of download of file from Zertificonhub system,

- complete file name of downloaded file,

- file identification automatically assigned internally by the system at the time the file was posted.

(2)  These recorded data shall be deleted after 90 days at the latest.

§ 6 - Liability

(1)  Rheinbahn shall accept no liability for disruptions or problems during communication via Zertificonhub which are outside its sphere of responsibility.

(2)  In other respects, Rheinbahn's liability for disruptions / communication problems, except where they concern injury to life, the person or health, shall be limited to wilful intent and gross negligence.

§ 7 - Contraventions

(1)  Contraventions of these terms and conditions of use may have consequences under employment law for users at RheinBahn and affiliated companies.

(2)  Rheinbahn herewith reserves the right to take action under civil law in case of contraventions by external users.

§ 8 - Changes regarding communication by way of Zertificonhub

(1)  Rheinbahn shall not be obliged vis-à-vis users to maintain the possibility of communication via Zertificonhub on a permanent basis.

(2)  Changes due to altered legal, technical or other framework conditions shall be possible at any time.