General Conditions of Use of the Securysat platform

1. Scope of application

These General Conditions of Use (“GCU”) define the rules and conditions of use of the SECURYSAT platform (the “Platform”) and are concluded between the User and the company Viasat Connect S.A. Company registration number BE 0426.340.140, Place Communale d’Auderghem 8, B-1160 Brussels (hereinafter referred to as the “Company” or “Viasat Connect”) (hereinafter referred to individually as a “Party” and together as the “Parties”). The Platform is marketed by Viasat Connect for the benefit of its Clients, to enable them to access its services. Access to the Platform is subscribed by the Client to Viasat Connect under a contract (hereinafter, the “Agreement”). Any use of the Platform implies full and unreserved acceptance of these GCU. The User’s acceptance of these GCU is evidenced by the User checking the box next to the words “I have read the Terms and Conditions of Use and agree to them without reservation. (Read the General Conditions of Use)” when he/she first connects and each time the GCU are updated in accordance with article 9.4 below. This step is equivalent to the User acknowledging that he/she has fully understood and approves, without exception or reservation, all of the GCU indicated below. Any use of the Platform thus implies full acceptance without reservation of the entirety of these GCU. In the absence of acceptance of these GCU, the User will not be able to access the Platform and thus benefit from the related Services.

2. Glossary

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:

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:

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 User may address any request to the Data Protection Officer of Viasat Connect by post to Place Communale d’Auderghem 8, B-1160 Brussels or by email to dpo@viasatconnect.be. For more information on the use of Personal Data by Viasat Connect, the User is invited to consult the privacy policy on its website.

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.