General Terms and Conditions

1. General information and scope of application

1.1 WebID Solutions GmbH (hereinafter referred to as “WebID”) provides services to users of WebID service for identification, documentation, and age verification (hereinafter referred to as “Identification Service”) in accordance with these General Terms and Conditions (hereinafter referred to as “GTC”).

1.2 These GTC apply to the Identification Service of WebID provided to users of the Web ID Service.

1.3 The GTC apply exclusively. Any conflicting or deviating General Business Terms of the user will only become part of the contract if they are in agreement with the content of these General Terms and Conditions and have been expressly acknowledged by WebID in writing. This also applies if WebID provides services without reservation in the knowledge of conflicting or deviating terms of the user.

2. Services of WebID

2.1 The identification and verification of age

• the determination, verification, and confirmation of an identity, a documented declaration, or the age of the user towards Partners (as defined below) on behalf of the Partner and the user (2.3),
• the transmission of the details and information obtained, as well as, at the request of the Partner, the photographs and other documents produced to identify the user, to the Partner (2.3 et seq.)

2.2 Creating a user profile

WebID stores the data collected within the framework of the Identification Service in a user profile (cf. Section 2.4). The data stored there can be used for future identification or age verifications. Prior to future use, the user will always be asked for her / his consent.

2.3 Verification and confirmation of identity or age

a. The verification and confirmation of identity or age requires the request of a contractual partner of WebID (hereinafter referred to as “Partner”), who would like to verify the identity or age of the user or, based on certain legal provisions (e.g. Money Laundering Act (Geldwäschegesetz), Signature Act (Signaturgesetz), Youth Media Protection Treaty (Jugendmedienschutzvertrag), De-Mail Act (De-Mail-Gesetz)), must verify them in order to enter into a business relationship with the user or provide certain services to the user.

b. The identification, documentation, or age verification of the user by WebID can be carried out as part of the overall procedure by means of a personal conversation within the framework of a video conference between the user and employees of WebID, which is recorded for the purpose of verification.

c. For the purpose of identification and age verification, WebID collects such information and personal data of the user that are appropriate and required according to the respective laws to verify the identity and age of the user and compares this information and personal data with the information and personal data of the respective user transmitted by the respective Partner.

d. The type and scope of the collection and processing of information and data by WebID are based on the intended or already existing contractual relationship between the user and the Partner as well as the legal requirements that require an identity or proof of age. In addition to a query of the name, place of birth, date of birth, nationality, and address of the user, other data may also be retrieved that is necessary to establish or execute a contractual relationship between the user and the Partner or based on existing legal requirements. Depending on the legal basis for verification of an identity or age, a verification of the information based on a valid, official ID document (e.g. ID card) is also required. For this check, additional data is retrieved that is stored on the respective official ID document, and a visual inspection of the official ID document is carried out by WebID. In this context, it may also be necessary to take a photograph of the official ID document used and the user. In this case, a photograph is taken of the user as well as of the front and back side of the official ID document by means of a screenshot.

e. As part of your “WebID Account Ident,” you log in with your access data to your bank’s online banking. For the use of “WebID Account Ident,” it is necessary that you grant secure access to the information stored on your bank account via digital PSD2 or the online banking interface. This serves the purpose of proving your data collected in this way and the existence of your bank account. As part of a legally required reference transfer, a small amount (e.g. in the amount of 1 cent) will be transferred from your bank account to a verification account of WebID. This transfer will be executed by your bank. You hereby irrevocably agree that your bank will execute this transfer order to a verification account of WebID.

f. Within the framework of WebID Wallet, the user has the obligation to check the accuracy of the data collected from him during registration. WebID must be notified immediately of any changes to the personal data.

g. The identity or the age of the respective user is only confirmed by WebID to the Partner if the information and personal data transmitted by the Partner to WebID or collected by WebID are appropriate to confirm the identity or age of the user and also all other information, copies, and documents that are required in individual cases due to the specifications of the respective Partner or due to legal provisions for identification or age verification, are completely available.

h. The user is informed about the identity or age verification. WebID sends corresponding emails for this purpose. In addition, during the video conference and at other procedural points, WebID sends a centrally generated transaction number (TAN) by email or SMS to an email address or telephone number provided by the user, which helps the user to successfully complete the identification and/or age verification carried out with the Partner. The user must enter the TAN directly online and send it back to WebID electronically. In addition, WebID informs the respective Partner, upon whose request the identity or age of the user has been verified, of the successful completion of the identification or age verification and, upon request, transmits to the latter the details and information of the user that were used for the successful identification or age verification as well as all photographs and other records made within the framework of the identification as well as the documents provided by the user.

i. WebID’s contractual services are the Identification Service and the verification and confirmation of the identity or age of the user to a current Partner or to a future Partner.

Further details on data processing are set out in the privacy policy of WebID.

2.4 Storage of a user profile

a. Upon successful completion of the identity or age verification, WebID creates a user profile on the basis of the collected information and personal data and stores this for the purpose of enabling the user to provide future identity or age verification to other Partners. The actual use of the data from the user profile for a future identity or age verification takes place on the basis and within the framework of the contractual agreements and, if necessary, with the consent of the user.

b. When the user profile is created, WebID transmits a corresponding transaction number to the user or uses personal data for unique user assignment. The user may use this transaction number or this user assignment can be used by the user for future identity or age verification by means of WebID vis-à-vis Partners, unless additional information about the user or other personal data of the user is required in individual cases for the purpose of identity or age verification.

c. The user is entitled to request the deletion of his or her user profile from WebID at any time without observing a notice period. WebID can also block or delete the user profile immediately if the user seriously violates the legal principles of identity or age verification or the provisions of these General Terms and Conditions, in particular regarding his or her obligations to cooperate. In these cases, WebID will delete or destroy the respective user profile and the stored information and personal data as well as the photographs and documents obtained, subject to statutory or contractual retention periods, and immediately block the transaction number of the user. It is then not possible to restore the user profile.

d. WebID will also confirm the identification to other existing or future Partners if the user authorizes WebID to do so and the Partner requests identification or age verification within the meaning of Clause 2.3a. In this case, the provisions in Clause 2.3 d. to h. apply accordingly. If the existing information is not sufficient for identification, the additionally required information is retrieved.

3. Access and availability

3.1 A prerequisite for the provision of the Identification Service by WebID is in part a video conference software compatible with the WebID system, a webcam (image and sound), and internet access of the user.

3.2 The provision of the Identification Service also requires the prior registration or login of the user to the WebID service via the procedure described in Clause 4.

3.3 WebID is entitled to stop or change the WebID Service at any time or to change it in any other way. This applies in particular in the event that the statutory or regulatory requirements changes for the provision of, or in connection with, the Identification Service.

3.4 WebID endeavors to provide the WebID service without interruptions. However, no liability can be assumed for the continuous availability of the WebID service. WebID may temporarily limit availability if this is necessary with regard to capacity limits, the security or integrity of the servers or for performing technical maintenance or repair measures and serves the proper or improved provision of the services (maintenance work). In these cases, WebID takes into account the legitimate interests of the users, e.g. by informing them in advance. WebID’s liability due to fault pursuant to Clause 10 remains unaffected.

4. Registration/login

4.1 Only one registration is permitted per user.

4.2 For registration, the user completes the electronic form provided by WebID or the Partners completely and correctly and sends it to WebID by clicking on a corresponding button. The user decides to use the WebID services by clicking on a corresponding button and is given the opportunity to check details in the form and correct any input errors. If the identification process is not continued immediately by the user or by WebID after registration, WebID is entitled to contact the user by means of the email address provided during registration in order to inform him or her about the necessary further steps of the Identification Service.

4.3 Registration is only possible if the user expressly confirms the General Terms and Conditions before sending.

5. Conclusion of the contract

5.1 By sending the registration form, the user submits a binding offer to conclude a contract for the processing, storage, and transfer of his or her data, the provision of the Identification Service, and the confirmation of his or her identity to Partners in accordance with these General Terms and Conditions. WebID immediately confirms the registration to the user by sending an electronic confirmation of receipt by email to the email address provided by the user during registration. This confirmation does not yet constitute acceptance of the user’s offer by WebID. A legally valid contract is only concluded by the submission of a separate declaration of acceptance by WebID, which is sent by a separate email (registration confirmation), or by actual provision of the data processing and Identification Service. WebID declares acceptance at the latest within three (3) days after sending the registration. However, WebID reserves the right to reject registrations received without further justification.

5.2 WebID does not store any contract texts or keep them permanently available for the user for retrieval.

6. Cooperation and other obligations of the user

6.1 The user is obliged to cooperate appropriately in the provision of the Identification Service.

6.2 In particular, the user must completely and truthfully provide WebID with all details, data, records, documents, and information required for the verification of identity or age and for registration.

6.3 For the use of the WebID Identification Service, special identification software, in particular video conference software, is required in some cases. Depending on the end device used by the user, it may therefore be necessary for the user to download the corresponding software from the Internet and install it on the respective end device. The possibility of using the Identification Services of WebID is also dependent in particular on the technical services of the device used by the user. It is the responsibility of the user to ensure the performance and compatibility of the corresponding device.

6.4 The user is obligated to keep the data provided to him or her by WebID (e.g. transaction number and TAN) and a transaction number transmitted to him confidential and to protect it against use by unauthorized third parties, in particular minors. The user is prohibited from disclosing the data and the transaction number as well as transferring the user profile to third parties. The user must inform WebID immediately in the event of suspicion of unauthorized use of its data or the transaction number or the data for user assignment. The user must indemnify WebID against all claims of third parties that the latter assert against WebID on the basis of an unauthorized use of his access data or the transaction number, unless he is not responsible for the unauthorized use by third parties.

6.5 The user must use his or her transaction number and the data entered in the entirety upon registration/login exclusively for the purpose of proving his identity or his or her age to Partners.

6.6 If a user profile has been created for the user, the user must inform WebID of any changes to his or her personal data, if necessary with reference to the type or scope of the changes, as part of a new identity check.

6.7 For the use of individual products, it may be necessary for legal reasons for the user to grant secure access to the information stored on his or her bank account via digital PSD2 or online banking interface and confirm this by means of a so-called “reference transfer.” This serves the purpose of proving the user’s data collected in this way and the existence of the user’s bank account. As part of a reference transfer, a small amount (e.g. 1 cent) will be transferred from your bank account to a verification account of WebID. This transfer is carried out by the user’s bank on the basis of the user’s consent, if necessary using a release procedure agreed by the user with the user’s bank. The user hereby irrevocably agrees that the bank of the user will execute this transfer order to a verification account of WebID. The procedure is usually embedded in the Partner’s website. The user regularly has access to alternative procedures that do not require access to the data stored in his bank account as well as reference transfer.

6.8 If the user violates his or her obligations arising from these GTC, WebID is entitled to cancel the identification process concerned or to delete the user profile without further notice and to block the user’s transaction number.

7. Cancellation policy

Right of cancellation

You can cancel your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, email). The period begins after receipt of this policy in text form, but not before the conclusion of the contract and also not before the fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB (Einführungsgesetz zum Bürgerlichen Gesetzbuche [Introductory Act to the Civil Code]) and our obligations pursuant to § 312g paragraph 1 sentence 1 BGB (Bürgerlichesgesetzbuch [Civil Code]) in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the cancellation is sufficient to comply with the cancellation period. The cancellation must be addressed to:

WebID Solutions GmbH, Friedrichstraße 88, 10117 Berlin
Fax: +49 30 408 173 450
Email: info@webid-solutions.de

Consequences of cancellation

In the event of an effective cancellation, the benefits received by both parties must be returned and any uses made thereof (e.g. interest) must be surrendered. If you are unable to return or surrender to us the received service and benefits (e.g. benefits of use) or not completely, or only in a deteriorated condition, you must compensate us for the value. This may result in you having to meet the contractual payment obligations for the period until cancellation. Reimbursement obligations must be met within 30 days. The period begins for you with the dispatch of your declaration of cancellation, and for us with its receipt.

Special instructions

Your right of cancellation expires prematurely if the contract is fully fulfilled by both parties at your express request before you have exercised your right of cancellation.

Exclusion of the right of cancellation:

The right of cancellation does not exist if, on conclusion of the legal transaction, you act predominantly in exercise of your commercial or self-employed professional activity and you are therefore to be regarded as an entrepreneur (§ 14 BGB).

Further important note:

You expressly agree that we will begin to perform the service before the end of the cancellation period.

End of the cancellation policy

8. Remuneration

8.1 WebID provides the Identification Services for the user free of charge.

8.2 By using the WebID Service, however, connection and transmission fees may be incurred, which are charged by the respective internet provider of the user and are to be borne by the user.

9. Data protection

WebID processes personal data of the user for the purpose of providing the Identification Service and services within the framework of the digital conclusion of the contract as well as within the framework of statutory or legal obligations that WebID must fulfill. Any further use of the user’s data by WebID takes place within the framework of the existing contractual relationship or, if applicable, with the express consent of the user. Detailed information on the handling of data can be found in the privacy policy, which is stored on the WebID websites and can be accessed there at any time.

10. Liability

10.1 WebID is liable for damages in accordance with the statutory provisions for personal injury and for damages in accordance with the Product Liability Act (Produkthaftungsgesetz).

10.2 WebID is liable for other damages in accordance with the following provisions, unless otherwise provided in a guarantee assumed by WebID.

10.3 WebID is liable in accordance with the statutory provisions for damages caused by fraudulent conduct as well as for damages caused by intentional or gross negligence on the part of WebID, the legal representatives or the executive employees of WebID.

10.4 WebID’s liability for damages is limited to the amount of foreseeable damages typical of the contract

• for damages arising from a slightly negligent breach of essential contractual obligations or of obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the user may regularly rely (cardinal obligations)
• as well as for damages caused intentionally or through gross negligence by ordinary vicarious agents of WebID.

10.5 In all other respects, any liability of WebID for damages caused by slight negligence is excluded.

10.6 Notwithstanding the preceding provisions, contributory negligence of the user – in particular inadequate cooperation, organizational errors, inadequate data backup, or a violation of other contractual obligations – reduces the amount of any claim for damages.

10.7 The Customer is obligated to notify WebID immediately in writing of any damages within the meaning of the aforementioned liability regulations or to have them recorded by WebID so that WebID is informed as early as possible and may still be able to reduce damages together with the customer.

10.8 WebID is only liable for the restoration of data if the customer has taken all necessary and appropriate data backup precautions and ensures that the data from data material that is kept ready in a machine-readable form can be restored with reasonable effort.

11. Miscellaneous

11.1 These GTC and all contracts concluded between WebID and the user, including these GTC, are subject to the law of the Federal Republic of Germany, excluding the conflict of laws and the United Nations Convention of April 11, 1980, on Contracts for the International Sale of Goods.

11.2 Changes and additions to these GTC must be made in writing. This also applies to an amendment or cancellation of this written form requirement.

11.3 If individual provisions of these GTC are or become invalid or unenforceable or contain a loophole, the remaining provisions will remain unaffected thereby. The Parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that comes closest to the economic purpose of the invalid or unenforceable provision or fills this gap.

As of: December 23, 2020