General Conditions of Use of the Securysat platform
1. Scope of application
2. Glossary
- Client : refers to any natural or legal person, public or private, legally capable of entering into a contract giving access to the Platform and acting for purposes relating to its commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name and on behalf of another professional.
- Account : means the personal space created on the Platform by the User.
- GDPR : Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 ("General Data Protection Regulation"). Furthermore, when used in these General Terms and Conditions and its annexes, the terms "personal data", "controller" and "processor" have the meaning given to them in the GDPR.
- Services : all the services, benefits and functionalities offered by Viasat Connect and subscribed to by the Client in the context of the SECURYSAT solution.
- User : a person authorised by the Client to access and use the Services.
3. Duration, suspension and termination
The GCU shall come into force upon acceptance by the User as defined in Article 1 above.
The User acknowledges that access to the Platform is granted under the terms of the Agreement. Termination of the Agreement for any reason whatsoever (including cancellation) will result in the User’s right of access being terminated without Viasat Connect being liable for such termination.
In addition to the above, Viasat Connect expressly reserves the right to suspend and/or terminate the Account, automatically and without further formality, in the event that the User fails to comply with any of the obligations set out in the GCU. Viasat Connect will inform the User within 24 hours of the said suspension and/or termination and the reasons for it. These sanctions may be applied without prejudice to any criminal or civil proceedings to which the User may be subject by public authorities, third parties, Viasat Connect or the Client.
4. Access to the Platform
4.1. Creation of an Account
After validation of the Agreement, the Client designates a primary User, who may create additional accesses within his organisation, within the limit of a number of secondary Users determined by Viasat Connect at its sole discretion, in particular according to the conditions defined in the Agreement.
Viasat Connect will automatically generate and transmit to each User a password, of which Viasat Connect has no knowledge, attached to the User ID authorised by the Client to connect to the Platform.
The User has the option to change his password. When changing the password, the User will be obliged to comply with the minimum rules of complexity that will be indicated.
The User’s access codes are personal and confidential. Each User is entirely responsible for their use and preservation. The User undertakes to make every effort to keep his access codes secret and not to disclose them to anyone. In order to preserve their confidentiality, as well as the integrity of the information entered on the Platform, the User is recommended to disconnect from the Platform at the end of each connection session.
Any loss or unintentional disclosure of information that could enable a third party to gain knowledge of the User’s access codes must be immediately reported to Viasat Connect in writing, so that Viasat Connect can proceed to change the access codes concerned.
If the User forgets his password, he will receive a link by email (valid for 1 hour) allowing him to define a new password.
Viasat Connect cannot be held responsible for the consequences of the loss or disclosure of the User’s access codes.
4.2. Access to the Services
Access to the Platform allows the User to navigate different sections of the Platform, depending on the Services subscribed to by the Client with Viasat Connect including but not limited to:
- Consulting information relating to the movements of the Client's fleet of vehicles, including, in particular, driving time, stopping time, parking time, parking time with the engine running, route taken and location of stops made, kilometres travelled, times and dates of use of the vehicle and maintenance alerts;
- Interaction with vehicles equipped with specific options;
- Viewing technical information relating to the use of fleet vehicles, including Maintenance Alerts on the mileage or uptime of the machine or vehicle;
- Contacting Viasat Connect to request technical interventions and transmitting information to Viasat Connect.
4.3. Access via the Internet
The Platform is accessible via the Internet under most operating systems and Internet browsers available in Belgium, it being understood that it is the User’s responsibility to ensure that all systems and software used to access the Platform are updated. The absence of such updates and/or the use of old versions of operating systems and/or Internet browsers may limit or prevent the Platform from functioning properly. This includes versions of operating systems and/or Internet browsers that no longer receive technical support and/or security updates from their publishers.
All costs relating to access to and use of the Platform, whether hardware, software or Internet access charges, shall be borne exclusively by the User. The User is solely responsible for the proper functioning of his/her computer equipment and Internet access.
5. User’s Declarations, Obligations, and Responsibilities
5.1. User's entitlement to use the system
The Users act under the control of the Client who employs them. They use the Platform in accordance with the Client’s instructions, solely within the scope of the position held within the Client’s establishment and for the purposes intended by the Client and the intended use of the Platform, all in compliance with these terms and the documentation relating to the technical features of the Platform.
The Users declare that they have the legal entitlement to agree to these Terms of Use.
The Users acknowledge that they have the competence and means necessary to access and use the Platform. The communication protocols used are those commonly used on the Internet.
5.2. Internet Connection Requirement
The User acknowledges that the Platform requires an Internet connection to function as a whole.
As such, the User acknowledges that they are familiar with the Internet, its features, and limitations, and acknowledges in particular that data transmissions over the Internet have only relative technical reliability, as they circulate over heterogeneous networks with diverse technical characteristics and capacities, which can be overloaded at certain times of the day.
5.3. Honest Use of the Platform
It is the User’s responsibility to take all appropriate measures to protect their computer equipment, stored data, and installed software from contamination by any potential computer viruses and other invasive and harmful elements that could interfere with the proper functioning of their equipment and the Platform.
In this regard, the User undertakes not to use the Platform in any way that could render it inaccessible, damage it, or prevent it from functioning. Similarly, the User undertakes not to exploit any vulnerabilities, computer bugs, or any other form of error to gain advantages in using the Platform.
In the event that the User’s use of the Platform is deemed excessive by Viasat Connect, in its opinion, in relation to the intended standard use of the Platform, Viasat Connect reserves the right to suspend or limit access to the Platform.
5.4. Information entered
The User is responsible for the accuracy, sincerity, relevance, compliance with good morals, and truthfulness of the information provided via the Platform. Viasat Connect shall not be liable for any errors in the entry of such information or for any inappropriate use.
5.5. Data backup
It is the User’s responsibility to ensure, through their own means, the preservation and regular backup of the data transmitted via the Platform.
5.6. Notification of Security Breaches to Viasat Connect
The User agrees not to exploit any security vulnerabilities or computer bugs to gain advantages in using the Platform.
The User undertakes to promptly notify Viasat Connect as soon as they become aware of any security breaches, file compromises, malfunctions, errors, or violations of the Platform by using the following email address: dpo@viasatconnect.be.
6. Declarations, obligations and responsibilities of Viasat Connect
6.1. Platform operation
Given the technical uncertainties related to the decentralised operation of the Internet network, Viasat Connect does not provide any guarantee of service continuity or absence of errors on the Platform.
Viasat Connect is therefore not responsible if any malfunction of the Internet network, beyond its control, prevents access to the Platform (failure, breakdown, difficulty, interruption of operation, etc.).
The same applies if the correct operation of the Platform is prevented due to the presence of a virus, malware, Trojan horse, or other malicious program installed on the equipment used by the User to access the Platform.
6.2. Suspension for maintenance or updates
Viasat Connect reserves the exclusive right to suspend access to the Platform at any time, in whole or in part, without notice, notably to carry out any corrective, maintenance, or functional updates and evolutions of the Services to which the Client has subscribed.
The User acknowledges that interventions related to these operations may temporarily render the Services unavailable.
To the extent possible, Viasat Connect will carry out maintenance work, where applicable, and except in cases of absolute urgency, in the evenings and at weekends. In the event of planned maintenance, a message is sent to the User at least 24 hours in advance.
Viasat Connect may, modify the conditions of provision of a Service at any time, to take into account technical or regulatory requirements or developments.. In such circumstances, Viasat Connect will inform the User in advance, except in exceptional circumstances requiring an immediate modification of the conditions of provision of the Service in question.
6.3. Platform modifications
Viasat Connect reserves the right to modify the organisation and content of the modules offered on the Platform without the User being liable for it.
Viasat Connect may also, to take into account technical or regulatory requirements or developments, modify the conditions of provision of a Service at any time, without this being reproachable by the User.
In such circumstances, Viasat Connect will inform the User in advance, except in exceptional circumstances requiring an immediate modification of the conditions of provision of the Service in question.
6.4. Liability
Viasat Connect will not be responsible for damage caused to the User, a third party, and/or their equipment by the use of the Platform, whether material or immaterial, consequential or non-consequential, including any damage related to the loss or disclosure of the User’s account access codes, as well as any resulting harm during maintenance or update of the Platform by Viasat Connect.
Viasat Connect cannot be held liable in case of violation of the law or the rights of third parties in the context of the use and operation of the Platform in violation of these GCU.
In this regard, it is the responsibility of the User to take all appropriate measures to protect its own data and software against contamination by a computer virus and to ensure fair use of the Platform.
Viasat Connect is solely responsible for the content produced by it and integrated into the Platform and the related functionalities.
7. Intellectual property
7.1. Intellectual property rights
Viasat Connect owns all intellectual property rights and other rights, including but not limited to copyright, related rights, trademarks, designs and models, patents, and rights in databases related to the Platform, as well as the associated rights of use, exploitation, and commercialisation, including the software and hardware infrastructure implemented or developed within Viasat Connect, worldwide. These rights cannot be reproduced, used or represented without the express authorisation of Viasat Connect, under penalty of legal action.
The User shall not acquire any right, title or interest in these intellectual property rights as a result of their use under the Terms of Use.
The User acknowledges the existence of Viasat Connect’s rights and ownership and those of any third party who has granted Viasat Connect a right of use, and will not take any action that may harm, limit, or restrict them in any way.
Likewise, the User agrees not to contest Viasat Connect’s authorship and ownership of the Platform or any of its elements.
As such, the User expressly agrees not to download, reproduce, copy, translate, transcribe, modify, adapt, merge, complete, alter, in any way, in whole or in part, the Platform or its elements, whether it be its software, database, or other.
When software is necessary for the provision and/or use of the Platform, Viasat Connect grants the User a personal, non-exclusive, non-transferable, and non-assignable right to use the software in question, limited to the duration of the order of the relevant Service, for the sole purpose of enabling the User to use the ordered Service, excluding any other purpose.
7.2. Authorisation for access and use
The User has a right of access and use of the Platform only to the extent that the subscription that has opened access to the Platform, subscribed with the Client, is in force and not subject to any suspension measure.
It is understood that the User benefits from these authorisations only to the extent that the Client, who gives them a right of access and use as an employee, is contractually bound to Viasat Connect in this regard and within the strict limits of the duration and rights granted by Viasat Connect to the Client.
This authorisation is in any case non-exclusive, for use in accordance with its intended purpose and with these Terms of Use, exclusively within the framework of the Client’s activity, and is granted to the User as an employee of the Client.
No provision of these Terms of Use may be construed as conferring any rights of any kind on the User other than those expressly granted to them under these provisions.
The User agrees not to use the Platform outside the framework provided by the Agreement and these Terms of Use, and in any case, prohibits any use for commercial purposes, including any rental, loan, sale, publication, licensing, sub-licensing, distribution, assignment, or transfer in any way, in whole or in part, of the Platform to any third party whatsoever.
8. Personal data
Viasat Connect pays particular attention to the protection of personal data and the safeguarding of the rights of data subjects. Viasat Connect is particularly sensitive to applicable regulations, in particular the GDPR. In this regard, Viasat Connect, as data controller, has appointed the GDPR Agency, 6 Chemin du Cyclotron – 1348 LOUVAIN LA NEUVE, as Data Protection Officer. You can contact the DPO at dpo@viasatconnect.be.
The provisions relating to the protection of personal data in the contractual relationship between the Client and Viasat Connect are governed by the Agreement.
It is specified that the provisions of this article 8 are only intended to cover the processing of the User’s personal data carried out by Viasat Connect for its own account, namely the management and monitoring of access to the Services, with the aim in particular of administering the Agreement with the Client.
Any other processing of the user’s personal data in the context of their use of the Platform is carried out by Viasat Connect as a subcontractor of the Client, who has the status of data controller. The user is invited to contact the Client for information concerning these processing activities.
8.1. User’s commitments
The user agrees to respect the confidentiality and security of personal data of any person, to which they may have access in the context of their use of the Platform and the information they may communicate.
It is strictly forbidden for the user to use any personal data made available from the Platform for purposes other than those defined in these GCU.
8.2. Processing and storage of data
The user’s personal data are subject to computer processing by Viasat Connect for the purpose of using the services via the Platform by the user. Personal data include the user’s name, access codes, log files, and IP address.
These processing activities are:
- On the one hand, necessary for the performance of these T&C. Therefore, this contractual necessity constitutes the legal basis for this processing, for the purposes of the GDPR. This personal data is necessary for access to and use of the Platform, and its collection and processing are thus a mandatory condition to allow the user to use the Platform;
- On the other hand, necessary for the legitimate interests pursued by Viasat Connect in order to ensure the monitoring of the user's access to the Services for the purpose of administering the Agreement with the Client. In addition, certain processing of personal data may be necessary to enable Viasat Connect to comply with its tax and accounting legal obligations.
The User’s identification data is kept by Viasat Connect until the end of the Contract for any reason whatsoever (in particular by expiry or termination). The data may then be archived for the remaining duration of the civil and criminal statute of limitations. It will then be destroyed in a secure manner. Connection data is kept for a period of 1 year to ensure the integrity and security of our systems.
8.3. Rights of the User
Viasat Connect may share the User’s Personal Data with its subcontractors, service providers and technical suppliers who are likely to process the User’s Personal Data on its behalf, in particular with regard to IT hosting.
In the context of the collection and processing of personal data, the User has:
- The right to access all of their personal data that is being processed;
- The right to request the rectification, deletion and/or limitation of personal data;
- The right to request the portability of their data;
- The right to object at any time to the processing of personal data for canvassing and/or statistical purposes;
- The right to define retention guidelines;
- The right to define directives concerning the conservation, deletion and communication of his personal data after his death;
- The right to lodge a complaint with the DPA.
9. Miscellaneous provisions
9.1. The Entire Agreement
These GCU constitute the entire agreement between the Parties and supersede and replace any prior written or oral agreement between the Parties with respect to its subject matter.
9.2. Principle of autonomy
If any provision of these GCU, or any part thereof, is found to be invalid by any regulation, applicable law or final court decision, it shall be deemed unwritten, and shall not invalidate the GCU as a whole, nor the provision only partially affected.
9.3. Non-waiver
The fact that one or other of the Parties has not demanded, temporarily or definitively, the application of a stipulation of the GCU shall not be considered as a waiver of the rights held by this Party.
9.4. Amendments
Viasat Connect may amend these GCU at any time, in particular to comply with any legal provision. The current version of the GCU will be available on the Platform in the relevant section. The User will be informed of the changes made when he/she first logs in following the said amendment and will be asked to accept the new version of the GCU before being able to access the Platform.
10. Applicable law and settling disputes
These GCU, as well as all contractual relationships that may arise therefrom, are subject to Belgian law. In the event of a dispute between the Parties, they undertake to seek an amicable solution, taking into account the interests of each of them before taking any legal action.