Secutec Darknet Monitoring Service Regulations

These service regulations (hereinafter “Service Regulations”) apply to any use of the Secutec Darknet Monitoring Service and the services provided by Secutec. These Service Regulations constitute the full agreement between the User and Secutec.  The User declares having taken cognizance of the contents of these Service Regulations and expressly accepts application thereof before using the Secutec Darknet Monitoring Service. If the User does not agree to these Service Regulations, they are not permitted to use the Secutec Darknet Monitoring Service.

 

1         Definitions

The definitions can be used without distinction, with and without capital letters and in the plural and singular.

  • Data Breach

Personal data breach = a security breach that results in the accidental or unlawful destruction, loss, alteration or unauthorised disclosure of, or unauthorised access to, transmitted or stored data relating to an identified or identifiable natural person

 

  • Darkweb

The Darkweb is a part of the worldwide web that is not directly findable by search engines.  The data shared and transferred on the Darkweb is usually encrypted.

 

  • User

The natural person, who may or may not be a self-employed sole trader, who accesses the Secutec Darknet Monitoring Service via the KBC Mobile App. These are exclusively consumers who wish to use the Secutec Darknet Monitoring Service

 

  • KBC

Means:

KBC Bank NV, with registered office at 1080 Brussels (Belgium), Havenlaan 2 (Registry of Legal Entities Brussels), registered in the Register of Legal Entities (Brussels) under No. 0462.920.226, FSMA 026256;

CBC Banque, with registered office at 5000 Namur (Belgium), Avenue Albert 1er 60 (Registry of Legal Entities Liege), registered in the Register of Legal Entities under No. 0403.211.380

KBC Brussels (KBC Group), with registered office at 1080 Brussels (Belgium), Havenlaan 2 (Registry of Legal Entities Brussels), registered in the Register of Legal Entities under No. 0403.227.515.

 

  • KBC Mobile App

Means: KBC Mobile App, KBC Brussels Mobile App, CBC Mobile APP

  • The mobile application/platform of KBC made available to the User by KBC.

 

  • Scan Results

The report generated by the Secutec Darknet Monitoring Service, whereby the User receives an overview of the various identified Data Breaches.

 

  • KBC Helpdesk

KBC Helpdesk for reporting issues with the Secutec Darknet Monitoring Service. The contact details of the KBC Helpdesk can be found below:

Telephone (24/7): 016 432 00 or ask your question in KBC Touch

More information can be found at: https://www.kbc.be/retail/en/kbc-contacteren.html?zone=topnav

 

  • Secutec

Secutec BV, with registered office at 2630 Aartselaar (Belgium), Boomsesteenweg 41 Unit 11 (Registry of Legal Entities Antwerp) registered in the Register of Legal Entities (Antwerp, subsection Antwerp) under No. 0875.719.463.

 

  • Secutec Darknet Monitoring Service

The service that permanently monitors your data for malicious use (by third parties) or exposure on the “darkweb.”

  • Amazon

Amazon Web Services (AWS), with registered offices at 410 Terry Ave, Seattle, United States, is Secutec’s hosting partner and the world’s most extensive and widely accepted cloud platform for storing and processing the data used in the Secutec Darknet Monitoring Service.  Data processing takes place in Ireland. https://aws.amazon.com/compliance/data-protection/

 

2         Services

The Secutec Darknet Monitoring Service is only available to individuals in their private lives, i.e. outside the scope of any professional or commercial activity, and includes the following services:

2.1         Secutec Darknet Monitoring Service

KBC makes the Secutec Darknet Monitoring Service available to the User via the KBC Mobile App. The Secutec Darknet Monitoring Service includes the monitoring of your email address on the Darkweb from the time of registration and from the previous 6 months, and advises you if action needs to be taken to secure or modify your data.

Secutec receives the preferred email address provided by the User from KBC. After Secutec verifies the User’s information on the Darknet, Secutec supplies this information to the User via the KBC Mobile App.

  • The name of the Data Breach;
  • When the Data Breach occurred;
  • Whether the Data Breach contains a password

Once the above-mentioned information is available, it will be provided to the User via the news overview in the start menu of the KBC Mobile App.

The User can then indicate in the solution that they have resolved the incident. In such cases, this information is immediately forwarded to the Secutec Darknet Monitoring Service, and no notification will subsequently be given regarding the incident.

The User can cancel the Darknet Monitoring Service at any time. Once Secutec is notified that the Darknet Monitoring Service has been cancelled by the User, the email address and all other data related to the User will be deleted by Secutec.

These services are provided by Secutec in partnership with Amazon hosting services. The User expressly agrees that Secutec shall process the personal data provided by KBC to Secutec (the User’s personal e-mail address) for the purpose of providing the most accurate analysis of your personal e-mail address (for more information on how your personal data are processed by Secutec, see Article 11).

The Secutec Darknet Monitoring Service and associated services are provided ‘as is’, and can only be used for the purposes expressly stated. These purposes are general and not focused on a personal or individual situation or capacity. Use of the Secutec Darknet Monitoring Service is solely at the User’s own risk. Secutec in no way guarantees that all possible Data Breaches can be detected via its services.

Given the nature of networks and the Internet, uninterrupted access and perfect connection to the Secutec Darknet Monitoring Service can in no way be guaranteed. Secutec is only bound by an obligation of effort.

Please bear in mind that access to the Secutec Darknet Monitoring Service may occasionally be interrupted/suspended by repairs and/or maintenance, or by the introduction of new features or services. Secutec will make all reasonable efforts to reduce the frequency and duration of interruptions and/or suspensions.

2.2         Licence

Subject to compliance with these Service Regulations on the part of the User, Secutec grants the User a personal, non-exclusive, non-transferable, non-sub-licensable and at all times revocable licence to access and use the Secutec Darknet Monitoring Service.

This right to use the Secutec Darknet Monitoring Service implies the right to use the Secutec Darknet Monitoring Service solely for the specified purpose of the Services.

2.3         Helpdesk

  • If the User encounters difficulties in accessing or using the Secutec Darknet Monitoring Service, they can contact the KBC Helpdesk (016 432530) or ask a question in KBC Touch

  • If the user requires support or has questions regarding the information provided and the monitoring of the Scan Results, they can contact the Secutec Helpdesk (03 877 82 92)

2.4         Updates

Secutec will notify the User of updates, including security updates, that are necessary to maintain the conformity of the Secutec Darknet Monitoring Service and other services.

The User must always install the necessary updates provided to it by Secutec in good time, to ensure that the Secutec Darknet Monitoring Service functions correctly. In no event is Secutec liable for any damage caused by the User’s failure to install the necessary updates (on time).

 

3         Responsibilities and obligations of the User

When using the Secutec Darknet Monitoring Service, the User must comply with all applicable laws and these Service Regulations. The User can only use the Secutec Darknet Monitoring Service for lawful purposes and for the purposes stated in these Service Regulations.

 

4         The information provided

The User represents and warrants that the information he or she provides to KBC and/or Secutec when using the Secutec Darknet Monitoring Service does not infringe on any third party rights (including but not limited to privacy rights, personality rights, trademark rights, copyrights and/or other intellectual property rights).

Secutec will implement (to the best of its ability) the necessary technical and organisational security measures in order to protect and keep confidential all information provided by the User to KBC and/or Secutec via the Secutec Darknet Monitoring Service.

Nevertheless, the User bears sole responsibility and liability for all content that the User itself makes available when using the Secutec Darknet Monitoring Service, and the User shall indemnify and hold Secutec harmless from and against all claims, actions, proceedings of any kind and for all damages, liabilities, costs and expenses related to any (alleged) violation of intellectual property rights, privacy and personality rights of third parties, among others.

 

5         Prohibited actions

The User expressly acknowledges and agrees not to perform any of the following actions when using the Secutec Darknet Monitoring Service:

5.1         Disruption

The User may not use the Secutec Darknet Monitoring Service for any purpose that could render (the provision of) the Secutec Darknet Monitoring Service unworkable, that could overload it, damage or impair the services provided, including but not limited to, (a) uploading or otherwise distributing any virus, adware, spyware, worm or other malicious code, or (b) disrupting or interrupting any network, equipment or server connected to or used for the service, or violating any regulations, policies or procedures of any network, equipment or server.

5.2         Fraudulent identification or unauthorised access

The User must not impersonate another person or misrepresent their affiliation with a person when using the Secutec Darknet Monitoring Service;

The User is not authorised to grant any other person, company or legal entity access to the Secutec Darknet Monitoring Service via the KBC Mobile App or by any other means.

The User must not use or attempt to use any other person’s personal information that they may receive in connection with the use of the Secutec Darknet Monitoring Service and related services;

The User is prohibited from obtaining (or attempting to obtain) unauthorised access to the Secutec Darknet Monitoring Service, or the IT systems or other networks connected to the Secutec Darknet Monitoring Service, by hacking, password mining and/or any other means.

 

6         Liability

The User acknowledges and accepts that any use of the Secutec Darknet Monitoring Service, is at their own responsibility and risk. Secutec is not liable for any damages that the User may incur from using the Secutec Darknet Monitoring Service, except in cases of wilful misconduct or gross negligence on the part of Secutec.

Any liability on the part of Secutec with respect to the use of the Secutec Darknet Monitoring Service shall always be assessed from the perspective of a best-efforts obligation on the part of Secutec, which, in the event of a claim, must be adequately demonstrated by the User.

Secutec cannot be held liable or responsible, to the extent permitted under applicable law, for:

  1. any technical problems attributable to Internet, data, or other (third party) providers such as the KBC Mobile App (including but not limited to slow Internet connections or network outages);
  2. (temporary) unavailability of the Secutec Darknet Monitoring Service due to maintenance or updates of the Secutec Darknet Monitoring Service or the KBC Mobile App;
  3. any problem attributable to the User’s hardware or service or the User’s Internet or data service.
  4. Issues in the Scan Report or any damage caused as a result and attributable to acts on the part of KBC.
  5. indirect, incidental or consequential damage, including but not limited to, higher general costs, disruptions to the planning, loss of benefits, or impairment and/or loss of files resulting from the use of the Secutec Darknet Monitoring Service,
  6. damages resulting from errors or negligence on the part of the User,
  7. compensation for all direct and indirect damage caused by the use of the information that the User makes available to Secutec and the Scan Results of the Secutec Darknet Monitoring Service;
  8. compensation for all direct and indirect damage caused entirely or partly by software or hardware provided by or created by third parties including the KBC Mobile App;
  9. any third party claims brought against the User.
  10. To the extent permitted by applicable law, Secutec’s liability is in any event limited to compensation for direct damage, up to a maximum of the amount to be paid by Secutec’s insurance provider.

 

7         Force majeure/hardship

In the event of force majeure, i.e. a circumstance that is unforeseeable at the time the contract was concluded, beyond Secutec’s control and which renders Secutec’s obligations temporarily or permanently impossible, Secutec, after notifying the User, shall be entitled to suspend or terminate all or part of its obligations as set forth in these Service Regulations, if it appears that the performance of its obligations has become permanently impossible, without it being liable to pay any compensation to the User.

Force majeure includes (but is not limited to): technical failures due to cyber attacks, strikes, lockouts, acts of war, pandemics, unavailability of the IT platform, etc.

Secutec may also (partially) suspend or terminate its obligations in the event of a change in circumstances that was unforeseeable at the time the contract was concluded, and which results in the performance of Secutec’s obligations becoming excessively onerous (hardship).

 

8         Consumer right of withdrawal

Through these Service Regulations, the User consents and acknowledges that the service has already been provided during the 14-day cooling-off period. The User also agrees that they cannot invoke the legal right of withdrawal of 14 days for contracts concluded remotely at the time when the service has already been fully provided in accordance with Article VI. 53, 1° Code of Economic Law.

Insofar as the service has not yet been fully performed, the agreement, to the extent that it has been concluded remotely, may still be revoked without the User having to give reasons, within 14 days of conclusion thereof, provided this is communicated to Secutec within that period. This is possible, inter alia, via the KBC Mobile App or via the model form on our website [Annex 1 at the bottom of this document link].

The service is offered free of charge to the User via the KBC Mobile App and can be terminated at any time via the KBC Mobile App.

 

9         Modification of terms and conditions and addition of new services

Secutec reserves the right to modify the provisions of these Service Regulations. Any modification shall be communicated to the User at least 1 month before the date of its planned entry into force, in writing or other appropriate means. If the User does not agree with the modification, the use of the Secutec Darknet Monitoring Service may be terminated immediately.

Modifications shall become binding when they are updated in these Service Regulations.

When new services are added to the Secutec Darknet Monitoring Service, the User, after being informed of the main features and conditions, will have to give consent prior to using the new service for the first time.

 

10    Fees

The use of the Secutec Darknet Monitoring Service is free of charge to the User.

 

11    Processing of Personal Data

The User acknowledges and accepts that personal data will be processed by Secutec in the context of the provided services. The User can find more information in the privacy policy https://secutec.be/kbc-nl-secutec-darknet-monitoring-privacybeleid/

 

12    Intellectual property

The User acknowledges that the Secutec Darknet Monitoring Service, the underlying software, systems, operating procedures, and associated documentation are protected by copyright, trademark, service marks, or other intellectual property rights (in the broadest sense) of Secutec and its licensors. The User shall refrain from any violation thereof. No element of these Service Regulations can be construed as a transfer of these intellectual property rights.

The User agrees that without express prior written consent from Secutec, it shall not copy, reproduce, modify, edit, translate, create derivative works from, compile or otherwise alter, or disclose the Secutec Darknet Monitoring Service, the underlying software, systems, operating procedures and associated documentation.

Any use of any of the trademarks, service marks or trade names without the express written permission of Secutec or the owner of the trademark or name, as applicable, is strictly prohibited and subject to Secutec’s right to claim damages in the event of a violation of this provision.

 

13    Disputes

13.1    Complaints

If you have a complaint relating to the Secutec Darknet Monitoring Service, please contact:

KBC Complaint Management, Brusselsesteenweg 100, 3000 Leuven,

telephone +32 16 43 25 94,

e-mail: klachten@kbc.be, and/or ombudsman@ombudsfin.be or via

https://www.kbc.be/retail/en/contact.html?zone=topnav

13.2    Applicable law and competent courts

These Service Regulations are governed by Belgian law. All disputes fall under the exclusive jurisdiction of the courts of the judicial district of Antwerp (subsection Antwerp).

 

14    Miscellaneous

The provisions of these Service Regulations shall be interpreted to the fullest extent possible in the sense that they are valid and enforceable under applicable law. If a provision or part of a provision of these Service Regulations is void, invalid or unenforceable, this shall in no way give rise to the nullity, invalidity or unenforceability of the remaining provisions (or parts thereof) of these Service Regulations, and the Service Regulations between the parties shall continue to apply with the exclusion of the void, invalid or unenforceable provision or part of a provision. Where appropriate, the invalid, void or unenforceable provision or part thereof shall automatically be replaced by the lawful, valid and enforceable provision which most closely approximates the original provision or part thereof in content, scope and intent.

These Service Regulations, together with the Privacy Policy, contain the full agreement between the parties with respect to the object hereof and supersede all prior agreements, understandings or arrangements, oral or written, with respect to the same object.

 
 
 
 
 
 
 
 

ANNEX 1 – MODEL WITHDRAWAL FORM

(Complete and return this form only if you wish to revoke the agreement)

—          To

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

—          I/We (*) hereby inform(*) you that I/We (*) revoke(*) our agreement regarding the provision of the following service(*)

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

—          Ordered on (*)/Received on

………………………………………………………………………………………………………

 Name(s) of consumer(s)

  ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

Address of consumer(s)

………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

– Date …………………………………………………………………………………………..

– Signature of consumer(s)

(only if this form is submitted on paper)

………………………………………………………………………………………………………………………

(*) Delete as appropriate.

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