General Terms and Conditions of Use for Member

General Terms and Conditions of Use of the Mobile Application for a Member:

myHenner

(« The Mobile Application »)

Last updated: 5th September 2018

 

 

PREAMBLE

These General Terms and Conditions of Use herein lay down the terms of use of:

–          the public area of the Application for each User, a “User” being any physical person who accesses the Application, even without logging in and having access to a Personalized Space.

–          the Personalized Space on the Application for each Insured Party, an “Insured Party” being:

·         the physical person to whom the coverages of an insurance policy apply (whether or not the said person is the subscriber), the said policy being designed, distributed and/or managed by Henner.

·         or, where applicable, any moral entity having contracted with Henner for a group of beneficiaries,

and of which the policy provides access to a Personalized Space.

The consultation of the Application and/or the use of the services offered on the Application is subject to the unconditional acceptance by the User and/or the Insured Party of these General Terms and Conditions of Use.

1.       WARNING

Access to certain products or services presented on the Application may be subject to restrictions for certain persons or in certain countries. Any person deciding to use the Application is required to comply with the legislation and regulations applicable in his/her country of residence.

Information regarding the service offered on this Application is general and for information purposes only; it is not intended to be exhaustive and has no contractual value. This Information cannot be considered in any way to be advice for which Henner is liable under French insurance legislation [the Code des Assurances]. Only the policy signed at the time of subscription to a service has contractual value.

The User and/or the Insured Party is invited to contact Henner via the contact form on the Application with any request for clarification, additional information or advice on the products and services presented on the Application.

2.       LEGAL INFORMATION

Application Publisher: the company Henner, a simplified joint stock company, with a share capital of 8,212,500 euros, registered in France in the Trade and Companies’ Register of Nanterre under the number 323 377 739, and having its registered offices at 14 Boulevard du Général Leclerc, 92200 Neuilly-sur-Seine,

ORIAS number (sole insurance intermediaries register): 07.002.039

European Union VAT number:  FR 48323377739

Telephone number: +33 (0)1 55 62 90 00

Email address: info@henner.fr

Publication Director’s Name : Mr. Charles ROBINET-DUFFO, Chairman and Chief Executive Officer of Henner,

Hereafter referred to as “Henner”.

Application Host: Groupe Henner Holding, a simplified joint stock company with a share capital of 10,671,540 euros, registered in France in the Trade and Companies’ Register of Nanterre under the number 323 377 292, and having its registered offices at 14 Boulevard du Général Leclerc, 92200 Neuilly-sur-Seine,

Telephone number: +33 (0)1 55 62 90 00

Note:

 

  • The ORIAS register can be consulted on the website www.orias.fr.
  •  Our business is under the monitoring of the ACPR (the French Prudential Supervision and Resolution Authority), 4 Place de Budapest – CS 92459 – 75436 Paris Cedex 09, www.acpr.banque-france.fr.

 

For any complaint:

–          If you have an insurance policy subscribed via our services, you are invited to contact your usual contact or your Management Unit, for which contact details are stated in your complementary health insurance card for direct payment.
If you are unable to obtain satisfaction from your usual contact, please have your user name at hand and call our switchboard number at +33 (0)1 55 62 90 00.

–          In other cases, or if you are dissatisfied with the handling of your matter, please contact the Henner Quality Department at: service.qualite@henner.fr or use our complaint form.

 

We undertake to acknowledge reception of your complaint within 10 days, and to respond as quickly as possible and by no longer than within two months (unless the complexity of the matter requires additional time, in which case you will be informed).

As a last resort, please contact the mediator for your policy’s insurer, for which contact information will be provided on request by the contact person in charge of your case.

 

3.       PURPOSE OF THE APPLICATION

The Application enables the User and/or the Insured Party to:

–          consult information about the Henner Group, its commitments, and its locations in France and around the world;

–          contact Henner – or ask to be contacted by Henner – about operations in connection with the offers (requests for information about an offer, an emergency, and the Carte Blanche healthcare network);

–          access to an Insured Party’s Personalized Space.

–          contact us about any functional problem with the Application, or ask to be contacted by Henner ;

–          request an estimate for an offer;

–          read questions/answers about offers and activities pertaining to them, as well as about the Application’s operation;

–          consult « Advice files », information and news about insurance product offers and related businesses.

 

4.       TERMS AND CONDITIONS OF ACCESS TO THE APPLICATION

Henner cannot in any way guarantee constant operation free from any failure or information technology bug. Notably, at any time:

–          service may be suspended, interrupted or limited, affecting all or part of the Application, or access to the entire Application or certain parts of the Application may be reserved for a category of Users and/or Insured Parties;

–          access to the Application may be modified or suspended for maintenance reasons, such as for updates, or for any other legitimate reason.

Henner will endeavor to notify the User and/or the Insured Party in the event of unavailability of the Application, by whatever appropriate means and, notably, by means of announcements on the Application’s home page.

An unavailability of the Application will not in any way render Henner liable, and gives a User and/or Insured Party any right to compensation.

5.        TERMS AND CONDITIONS OF ACCESS TO THE PERSONALIZED SPACE

5.1 Access to the Personalized Space and Insured Party’s Liability

Every Insured Party whose contract provides access to a Personalized Space can enjoy this personalized access.

Access to the Personalized Space requires a user name and password provided by Henner by email. For security reasons, the password must be changed by the Insured Party when logging in for the first time. The password must be at least 6 characters in length, and must not be the Insured Party’s user name, surname, first name or date of birth.

The password must be changed regularly by the Insured Party in his/her Personalized Space, in the “Change Password” tab. It is strictly personal and non-transferable, and its confidentiality is the Insured Party’s responsibility, who undertakes to take all reasonably-possible measures to keep it secret,  and assumes full responsibility for its disclosure to third parties. Therefore, Henner will accept no liability for any prejudice possibly caused by fraudulent use of an Insured Party’s Personalized Space.

If the Insured Party forgets his/her password, he/she can request a password reset. To do this, The Insured Party click on the “Forgotten Password” tab and enters his/her email address, to which a new temporary password will be sent, which the Insured Party then have to change when logging in for the first time.

Access to the Personalized Space is secure, which ensures confidentiality of the information provided for performing certain actions online.

The Insured Party uses his/her Personalized Space under his/her sole responsibility. He/she guarantees Henner that he/she is the only person to access the information stored in his/her Personalized Space.

In the event of unauthorized use of the Insured Party’s account, he/she undertakes to notify Henner without delay.

The Insured Party is responsible for the content of the data he/she uploads to his/her Personalized Space. The Insured Party undertakes to ensure that documents are truthful, do not infringe the rights of third parties, do not contravene the law, and are not disturbing of public order or offensive to morality.

Henner reserves the right to take whatever action against the Insured Party in the event of a violation of the terms and conditions herein. In particular, Henner reserves the right to suspend or delete an Insured Party’s Personalized Space, and to take legal action.

5.2   Services Offered in the Personalized Space

By accepting these Terms and Conditions of Use and using the Application, the Insured Party expressly agrees that a copy of his/her « complementary health insurance card for direct payment  » is uploaded to his/her smartphone/tablet. This operation makes it possible to store the information locally on the Insured Party’s smartphone/tablet and will enable him/her to access it offline (without access to the Internet), in particular to use it at any time in his relations with health providers that the Insured Party will consult.

 

We raise concern of the Insured Party on the fact that the copy of his/her « complementary health insurance card for direct payment » will be accessible from his/her smartphone/tablet by anyone who may use his/her device. We therefore recommend that the Insured Party secures access to his/her smartphone/tablet including via the use of a password.

 

The Personalized Space enables an Insured Party to consult his/her reimbursements, to request coverage of a hospital treatment, to access the network of health professionals accepting third-party payment, to consult documentation, etc. For more information about the services offered in a Personalized Space, the Insured Party is invited to read the insurance policy by which the Insured Party is covered.

5.3   Account Suspension

Access to the Insured Party’s Personalized Space will be suspended at the end of the policy by which the Insured Party are covered.

6.  PERSONAL DATA PROTECTION AND COOKIES

With regard to its business, and in compliance with applicable French and European legislation, Henner undertakes to ensure the best-possible level of protection, confidentiality and security of the personal data of Users and/or Insured Parties, and the best-possible protection of their privacy.

For all information about personal data protection and Henner’s use of cookies, the User and/or the Insured Party is invited to consult the Henner Privacy Policy, which is accessible here or via a link provided at the bottom of each page on the Site.

 

7.  INTELLECTUAL PROPERTY RIGHTS

7.1 Literary and Artistic Property

The User and/or the Insured Party is informed that all illustrations, drawings, photographs, presentations, texts, source code, and, generally, any content featuring on the Application are the exclusive property of Henner and/or its affiliated companies, and that all content is protected by intellectual property rights.

Therefore the User and/or the Insured Party is prohibited from doing the following without prior written consent from Henner and/or its affiliated companies. If not, the User and/or the Insured Party is subject to civil and criminal penalties:

–          reproducing or causing the reproduction of the components of the Application, in whole or in part, temporarily or permanently, in whatever manner, on whatever medium, in any format, and by whatever process, whether currently known or not;

–          representing or causing the representation of the components of the Application, in whole or in part, in entirety or through extraction, by whatever manner or process, and via whatever means of dissemination or communication, whether currently known or not;

–          adapting or causing the adaptation of the components of the Application, whether in entirety or in part, whether temporarily or permanently and, notably, translating the components of the Application in whatever language, creating whatever derivative work, making whatever new versions or new developments from the Application’s components, and maintaining, modifying, arranging, assembling or digitizing the Application’s components, either in entirety or in part.

This prohibition applies without geographical limitation, for the term of protection granted by intellectual property law, covering whatever means of exploitation, whether free of charge or for payment.

7.2 Trademarks and Distinctive Signs

All brands to which reference may be made on this Application are trademarks duly registered with the INPI (French Patent office), and are thus protected. Similarly, the names of the companies, products and services, and any other distinctive features mentioned on this Application, are the property and the result of the efforts and investments of Henner and/or its affiliates, and are thus protected. Therefore, their usurpation is strictly forbidden and their eventual use is subject to the prior written consent from Henner and/or its affiliated companies. If not, the User and/or the Insured Party is subject to civil and criminal penalties.

 

8. HENNER’S LIABILITY

Under no circumstances will Henner be liable for prejudices suffered by a User and/or Insured Party with regard to:

–          an outage of the Application beyond its control, or a case of force majeure causing an outage or malfunctioning of the Site;

–          an exceptional and temporary unavailability of the Application necessary for performing maintenance or improving functionalities;

–          any incident or outage of the Application due to a malfunction and/or shortcoming of systems or hardware, and/or of the software and infrastructure of a User and/or Insured Party;

–          whatever financial loss, loss of clientèle, disruption of business, or loss of programs or data resulting from use of the Application;

–          unauthorized intrusion by a third party into the information technology system of the User and/or the Insured Party, resulting in the dissemination of harmful software;

–          connection to or consultation of the Application in countries where such use constitutes a violation of applicable law or regulations;

–          whatever inconveniences or prejudices due to using the Internet network, notably in the event of failure or of difficulty or interruption of operation preventing access to the Application and/or any of its functionalities.

 

 

9. TECHNICAL REQUIREMENTS

The Application is accessible from the following operating systems:

–          IOS: IOS 8.0 or a later version. Compatible with iphone, ipad and ipad touch

–          Android : Android 4.4 a later version

 

10.  CHANGES IN THE GENERAL TERMS AND CONDITIONS OF USE

Henner reserves the right to change the provisions of these General Terms and Conditions of Use at any time, due to changes to the Application, changes in configurations and, notably, due to technical requirements, or due to changes in legislation or any other legitimate reason.

Therefore, the User and/or the Insured Party is invited to check regularly for any changes. The User and/or the Insured Party can establish the date on which Henner made the latest changes by referring to the “Last Update” stated above.

11. HYPERTEXT LINKS

Any information accessible via a hypertext link to other sites is not under Henner’s control and, consequently, Henner declines all responsibility for the content thereof.

Publication by a User and/or Insured Party of hypertext links to all or part of the Application is strictly prohibited, unless with prior written permission from Henner, which can be requested by email to: info@henner.fr Henner reserves the right to refuse a request from a User and/or Insured Party without having to provide reasons for its decision. If Henner authorizes the publication of hypertext links, the permission will be temporary and may be withdrawn at any time, without any specific reason, and without the User and/or the Insured Party being eligible to lay claim to an acquired right. In all cases, the link must be removed at first time of requesting by Henner.

12. APPLICABLE LAW AND COMPETENT JURISDICTION

These General Terms and Conditions of Use are subject to French law. In the event of a dispute that cannot be settled out of court, jurisdiction is assigned exclusively to the Courts of France.