1. Scope of application
These General Conditions of Use (“GCU”) define the rules and conditions of use of the VECTOR platform (the “Platform”) and are concluded between the User and the company Viasat Connect S.A. Company registration number BE 0426.340.140, Avenue Herrmann-Debroux 54, 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.
- Application : the Vector Application available via the iOS and Android shops.
- Customer : any natural person or legal entity, public or private, that is legally capable of entering into a contract, has signed an Agreement which provides access to the Platform and who is acting for purposes in connection with its commercial, industrial, craft, liberal or agricultural activities, including when it is acting in the name of and for account of another professional.
- Account : the personal space created on the Platform by the User. There are two Account types: a “Web Account”, which gives access to the Web Platform, and a “Mobile Account”, which gives access to the Application.
- GDPR : Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“General Data Protection Regulation” or “GDPR”). Furthermore, when used in the present General Terms and Conditions and its appendices, the terms “personal data”, “controller” and “processor” have the meaning given thereto in the GDPR.
- Web Platform : the Vector Web Platform, accessible by Users via their browser and available on the www.app.vector-connect.com website.
- Services : all the services and functions offered by Viasat Connect and subscribed to by the Customer as part of the Vector solution.
- User : a person authorised by the Customer to access and use the Services.
3. Duration, suspension and termination
The GCU shall take effect upon the acceptance by the User as defined in article 1 above.
The User hereby acknowledges that access to the Platform is granted under the terms of the Agreement. The termination of the Agreement for any reason whatsoever (in particular by expiry or cancellation) shall result in the User’s right of access being withdrawn without Viasat Connect being held liable in any way whatsoever.
In addition to the foregoing, Viasat Connect hereby expressly reserves the right to suspend and/or terminate the Account, by operation of law and without further formalities, in the event the User should fail to comply with any of the obligations set out in the GCU. Viasat Connect shall inform the User within 24 hours of such suspension and/or termination and of the grounds therefor. Said sanctions may be applied without prejudice to any criminal or civil proceedings to which the User may be subject by the public authorities, third parties, Viasat Connect or the Customer.
4. Access to the Platform
4.1. Creation of an Account
The Customer shall designate Users, in particular in accordance with the terms conditions set out in the Agreement.
Viasat Connect shall automatically generate and send each User a password, of which Viasat Connect has no knowledge, linked to the identifier of the User authorised by the Customer to connect to the Platform.
The User shall be free to change his/her password. When changing the password, the User shall be under obligation to comply with the minimum rules of complexity as indicated.
User access codes are personal and confidential. All Users are wholly responsible for the use and preservation thereof. The User hereby undertakes to do everything in his power to keep his access codes confidential and not to disclose them to anyone. In order to preserve their confidential nature, as well as the integrity of the information entered on the Platform, Users are advised to disconnect from the Platform at the end of each connection session.
Viasat Connect must be immediately notified in writing of any loss or unintentional disclosure of information that could enable a third party to become privy to the User’s access codes, so that Viasat Connect can change the access codes concerned.
If the User forgets his/her password, he/she must report this via the “Forgotten password” section on the Platform. A new password shall be sent to the e-mail address used as the User ID.
Viasat Connect waives all and any liability for the ramifications of the loss or disclosure of the User’s access codes.
4.2. Access to Services
Access to the Platform enables the User to browse different sections of the Platform, depending on the Services subscribed to by the Customer with Viasat Connect and depending on the type of Account (Web Account or Mobile Account) including albeit not limited to :
- Consulting information relating to tasks and assignments (the “Jobs”) entered on the Platform by the Customer and/or the User,
- Editing reports relating to Jobs, in .xls and .pdf format, and communicating these to the end customer, the beneficiary of the professional service provided by the Customer, by e-mail,
- Contacting Viasat Connect to request technical assistance and sending information to Viasat Connect,
- Creating a list of the Customer’s staff members in order to have a clear picture of all the resources and their characteristics,
- Creating “Jobs” and transferring them to the various users of the Platform associated with the Customer, identified on the platform as “Staff”,
- Creating Web Accounts and/or Mobile Accounts for other users, as part of the Customer’s subscription,
- Creating Job types, which allows for their characteristics to be identified,
- Creating checklists and associating them with a Customer or a Job,
- Organising and linking all the views: Jobs, Staff and Checklists on a dashboard and calendar,
- Linking or unlinking a Job with a Staff member,
- Taking photos of Jobs and uploading them to the Platform,
- Requesting validation from the end customer after a job has been completed,
- Signalling the start and end of a Job. Where this action is performed on a Mobile Account, the device in question is geolocated (if the User has allowed the Application to have access to the location data of his/her device).
4.3. Operating systems and Internet browsers
The Web Platform is accessible on the Internet using most operating systems and Internet browsers available in Belgium. The Application is available on iOS and Android.
It is the User’s responsibility to install the latest updates for all the systems and software they use to access the Services.
The absence of such updates and/or the use of older versions of operating systems and/or Internet browsers may limit or prevent the Services from functioning properly. This applies in particular to 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 the access to and the use of the Platform, whether hardware, software or Internet access costs, shall be exclusively defrayed by the User. The User shall be solely responsible for the proper working order of his/her computer equipment and Internet access.
5. Statements, obligations and responsibilities of the User
5.1. Legal capacity of the User
The User acts under the Customer’s supervision. The User uses the Platform in compliance with the Customer’s instructions, solely in the context of the position he/she holds within the Customer’s organisation and solely for the purposes specified by the Customer and the purpose of the Platform, in compliance with the present terms and conditions and the documentation relating to the technical features of the Platform.
The User hereby affirms that he/she has the legal capacity to accept and agree to the present GCU.
The User hereby acknowledges that he/she has the skills and resources required to access and use the Platform. The communication protocols used are those in use on the Internet network.
5.2. Need for an Internet connection
The User hereby acknowledges that the Platform requires an Internet connection to operate as a whole.
In this respect, the User hereby affirms he/she is duly familiar with the Internet, its characteristics and limitations, and hereby acknowledges in particular that data transmissions over the Internet are reliable from a technical point of view only to a relative degree, as they are routed over heterogeneous networks with dissimilar characteristics and technical capacities, which are sometimes saturated at certain times of the day.
5.3. Fair use of the Platform
It is the User’s responsibility to put in place all appropriate measures to protect their computer equipment, stored data and software installed on said equipment from contamination by computer viruses and other invasive elements that are harmful to the proper operation of their equipment and the Platform.
In this respect, the User hereby undertakes not to use the Platform in a way that could render it inaccessible, damage it or prevent it from working. Similarly, the User hereby undertakes not to use loopholes, computer bugs or any other forms of errors to obtain advantages in using the Platform.
Where the User uses the Platform in a manner which Viasat Connect, at its sole discretion, considers to be excessive in relation to the standard intended use thereof, Viasat Connect reserves the right to suspend or limit access to the Platform.
5.4. Information entered
The User shall be responsible for the accuracy, sincerity, relevance, good character and truthfulness of the information provided via the Platform. Viasat Connect waives all and any liability for all and any errors in the input of this information or for the inappropriate use thereof.
In particular, the User hereby undertakes not to enter inappropriate, abusive, fraudulent or unlawful content and/or comments on the Platform, including, albeit not limited to, content of a pornographic or child pornographic nature, is racist, xenophobic, revisionist, glorifies war crimes, discriminates against or incites hatred of any person or group of persons on the grounds of their origin, gender, ethnicity, beliefs or lifestyle; content that is offensive, violent, threatening, shocking or offensive to human dignity; content that is defamatory, infringes copyrights or, more generally, intellectual property rights; content that infringes image rights or privacy rights or, in general, is contrary to the laws and regulations in force in France, Europe or any other territory that may apply to the activity of the Customer or Viasat Connect.
5.5. Data backups
It is the User’s responsibility to ensure, by their own means, that data transmitted via the Platform are regularly stored and backed up.
5.6. Notification of vulnerabilities to Viasat Connect
The User hereby undertakes not to use any legal loopholes or computer bugs in order to obtain advantages in the use of the Platform.
The User hereby undertakes to notify Viasat Connect without delay as soon as he becomes aware of any security breach, file compromise, breakdown, error, malfunction or violation of the Platform, using the address email@example.com.
6. Statements, obligations and responsibilities of Viasat Connect
6.1. Operation of the Platform
Given the technical risks associated with the decentralised operation of the Internet network, Viasat Connect does not offer any assurances as to the continuity of service or the absence of errors on the Platform.
For this reason, Viasat Connect waives all and any liability for any malfunctions of the Internet network beyond its control that prevent access to the Platform (failure, breakdown, difficulty, interruption of operation, etc.).
The same applies where the proper operation of the Platform is prevented by 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 prior notice, in particular in order to carry out corrections, maintenance or functional updates and upgrades to the Services to which the Customer has subscribed.
The User hereby acknowledges that interventions relating to these operations may render the Services temporarily unavailable.
As far as possible, Viasat Connect shall ideally carry out maintenance, where appropriate and except in cases of absolute urgency, in the evenings and at weekends. In the event of scheduled maintenance, a message shall be sent to the User at least 24 hours in advance.
So as to take account of technical or regulatory requirements or developments, Viasat Connect shall also be free to change the terms of Service delivery at any time. Given such circumstances, Viasat Connect shall inform the User in advance, unless exceptional circumstances require an immediate change to the terms of delivery of the Service in question.
6.3. Modifications to the Platform
Viasat Connect reserves the right to modify the organisation and content of the modules offered on the Platform whereby it waives all and any liability as may be invoked by the User.
So as to take account of technical or regulatory requirements or developments, Viasat Connect shall also be free to change the terms of Service delivery at any time. In such circumstances, Viasat Connect shall inform the User in advance, unless exceptional circumstances require an immediate change to the terms of delivery of the Service in question.
Viasat Connect waives all and any liability for any loss or 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, in particular any loss or damage related to the loss or disclosure of the User’s account access codes, as well as any loss or damage resulting from the maintenance or updating of the Platform by Viasat Connect.
Viasat Connect waives all and any liability in the event of infringement of legislation or the rights of third parties in the context of the use and operation of the Platform in contravention of the present GCU.
In this respect, the User alone shall be responsible for putting in place all appropriate measures to protect his/her own data and software from contamination by any computer viruses and to ensure the Platform is used in good faith.
Viasat Connect shall be solely responsible for the content produced by it and integrated into the Platform, and for the related functionalities.
7. Intellectual property
7.1. Intellectual property rights
Viasat Connect is the owner of all intellectual property rights and other rights, including albeit not limited to copyrights, neighbouring rights, trademarks, designs and models, patents and database rights relating to the Platform, and more generally the rights of use, Viasat Connect, for the whole world, which may not be reproduced, used or represented without the express authorisation of Viasat Connect on pain of legal action.
The User shall not acquire any rights, titles or interests in said intellectual property rights by virtue of the use he or she may make of them under the GCU.
The User hereby acknowledges the existence of the rights and the ownership of Viasat Connect and of any third party who has granted him a right of use, and shall refrain from take any action that is likely to prejudice, limit or restrict said rights in any shape or form.
Similarly, the User hereby undertakes not to challenge Viasat Connect’s status as the author and owner of the Platform or any of its elements.
In this respect, the User hereby expressly undertakes not to download, reproduce, copy, translate, transcribe, modify, adapt, merge, complete or alter in any way, in whole or in part, the Platform or any of its elements, whether software, databases or other.
Where software is required for the delivery and/or use of the Platform, Viasat Connect hereby grants the User a personal, non-exclusive, non-assignable and non-transferable right to use the software in question, limited to the duration of the order for the Service in question, for the sole and exclusive purpose of enabling the User to use the Service ordered, to the exclusion of any other purpose.
7.2. Authorisation to access and use the Platform
The User only has the right to access and use the Platform insofar as the subscription to access the Platform, taken out with the Customer, is current and has not been suspended.
It is understood that the User only benefits from these authorisations insofar as the Customer, who grants him a right of access and use in his capacity as an employee, is contractually bound to Viasat Connect in this respect and strictly within the limits of the duration and the rights granted to the Customer by Viasat Connect.
In any event, said authorisation shall be non-exclusive, for use in compliance with its intended purpose and with the present GCU, exclusively within the framework of the Customer’s business and vested in the User as an employee of the Customer.
No provision of the present GCU may be interpreted as conferring rights of any nature whatsoever on the User other than those expressly granted to him under the present provisions.
The User hereby undertakes not to use the Platform outside the framework set out in the Agreement and the present GCU and, in any event, undertakes not to use the Platform for commercial purposes, with particular reference to any rental, loan, sale, publication, offer of licence or sub-licence, distribution, allocation or transfer in any way whatsoever of all or part of the Platform to any third party whatsoever.
8. Personal data
Viasat Connect is particularly alive to the protection of personal data and to safeguarding the rights of the data subjects. As such, Viasat Connect is keenly aware of the applicable regulations, and the GDPR in particular. In this respect, as the data controller, Viasat Connect has appointed GDPR Agency as its Data Protection Officer (DPO). You may contact our DPO by e-mail at firstname.lastname@example.org or by post at GDPR Agency, 6 Chemin du Cyclotron – 1348 Louvain-la-Neuve, Belgium.
The provisions relating to the protection of personal data in the context of the contractual relationship between the Customer and Viasat Connect are governed by the Agreement.
It is hereby specified that the provisions of the present article 8 are intended solely to cover the processing of the User’s personal data carried out by Viasat Connect for its own account, in its capacity as the data controller, in the context of the performance of the services.
8.1. Undertakings by the User
The User hereby undertakes to observe the confidentiality and security of the personal data of all and any persons to whom he/she may have access when using the Platform and the information he/she may communicate.
The User is formally prohibited from using any personal data made accessible via the Platform for purposes other than those defined in the present 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.
The User may address any request to the Data Protection Officer of Viasat Connect by post to Avenue Herrmann-Debroux 54, B-1160 Brussels or by email to email@example.com.
8.4. Location and transfer of personal data
Personal data are stored on Cloud servers located within the European Union (EU). This service is provided by Amazon Web Services EMEA SARL (AWS). The Trusted Data are not transferred outside the EU, unless such transfer is necessary to enable AWS to provide the services subscribed to or to comply with a legal obligation or a binding request from a governmental body. In this regard, AWS provides specific safeguards relating to data transfers outside the EU in its Data Protection Agreement (available here), as well as additional provisions on data requests from authorities (available here). Where such a transfer were to take place, it would be governed by its documents, as well as the standard contractual clauses adopted by the European Commission pursuant to its implementing decision (EU) 2021/914 of 4 June 2021, in its version “Module 3: “transfer from subcontractor to subcontractor” (available here), put in place between AWS and Viasat Connect (or a member of its group of companies), pursuant to the AWS Data Protection Agreement.
As part of this arrangement, Trusted Data may also be processed in the UK by a cloud storage support partner. The United Kingdom benefits from an adequacy decision from the European Commission, which can be consulted here.
9. Miscellaneous provisions
9.1. Entire agreement
The present GCU constitute the entire agreement between the Parties and acts to replace and supersede all prior written or verbal agreements between the Parties relating to its subject matter.
9.2. Principle of autonomy
Where any of the clauses of the present GCU, or any part of them, should prove to be null and void in light of an applicable regulation or law or further to a court decision that has become final, said clause or part thereof shall be deemed unwritten. However, this shall not invalidate the GCU as a whole, or the remainder of a clause that is only partially affected.
The fact that one or other of the Parties has not demanded, temporarily or definitively, the application of a clause of the present GCU may not be considered as a waiver of the rights held by that Party.
Viasat Connect shall be within its rights to amend the present GCU at any time, in particular in order to comply with a legal provision. The current version of the GCU shall be available to be consulted on the Platform in the relevant section. The User shall be informed of any amendments the first time he/she logs in after the said amendment has been implemented at which point he/she shall be asked to accept the new version of the GCU before being able to access the Platform.
10. Applicable law and dispute resolution
The present GCU as well as all contractual relationships as may arise therefrom shall be governed by French law. In the event of a dispute arising between the Parties, they hereby undertake to seek an amicable solution, taking into account the interests of each party, before taking any legal action.