General Terms and Conditions for ScanProtect
General Terms and Conditions (GTCs) applicable to the ScanProtect Tool
These General Terms and Conditions apply to the use of ScanProtect, the Darknet Monitoring Tool, which is operated for your identity protection by Informa Solutions GmbH, Baden-Baden (part of Experian, hereinafter referred to as "Experian"), the service provider.
2 Services provided through ScanProtect
Experian provides its services related to ScanProtect (hereinafter referred to as "ScanProtect" or "ScanProtect Platform") via its web based server environment. Experian conducts researches in the Darknet to verify whether personal data is traded and/or sold online. The technology scans networks, chat rooms and websites around the world to retrieve stolen proof of identity and is able to locate end-user data regardless of nationality or location. If such personal data is retrieved, customers are notified directly via the email address registered on the ScanProtect platform. ScanProtect can also be used as a service by parents or legal guardians for their underage children ("Child Monitoring") in order to prevent identity theft of minors. In this case, the parents or legal guardians receive an "active child's report" as well as notifications and alarms in case the system detects any irregularities. This service ends for minors when they reach the age of 18.
Experian also offers Social Media Monitoring ("SMM") as a service. SMM alerts clients with regard to incidents where personal information, comments, wall posts and other content published via social media platforms may lead to the disclosure of personal data and thus become a data protection risk. This includes data such as addresses, dates of birth, etc. SMM may then inform clients that content is being used on their social media profiles that may lead to reputational damage. This includes inappropriate language, sexual, alcohol or drug related content. This service currently includes 4 social media platforms (Twitter, LinkedIn, Facebook and Instagram). Whether and how the selection of platforms is expanded or adapted is entirely up to Experian. Customers can register for this service via the ScanProtect platform, being underpinned that it may only be used by end customers having attained full age.
A detailed service overview is available at any time via scanprotect.ch.
Within the scope of its operational resources, Experian endeavors to offer its services around the clock and without disruption. Liability for consequences arising from the temporary interruption of access to the platform is excluded in accordance with Clause 8 below.
To use the services, customers must register online via the link provided by Securicard SA and by means of the registration PIN received. The registration is personal and non-transferable.
Physical or legal persons are eligible to register provided that they have unlimited capacity to act. The information to be entered during registration must be complete and correct at all times and must always contain the following: full first and last name, date of birth, address of current main residence/registered office, telephone number, valid e-mail address. The customer must define a password that is not related to his person.
The username chosen by the customer must not be obscene, denigrating or otherwise offensive. In addition, the username must neither contain a reference to an e-mail or website address nor infringe the rights of third parties.
In the event of changes to the registered data, the customer is obliged to update this immediately in their personal user account so that the information is complete and correct at all times. Experian may at any time provide or dispense with specific features, additional information and/or verification.
The personal access data must be treated confidentially by the customer and may not be disclosed to third parties and such access data may not be passed on to third parties respectively. Securicard SA or Experian cannot be held liable for any damage resulting from the misuse or unauthorized disclosure of access data.
Person’s resident outside of Switzerland cannot use the products and services of Securicard SA.
The use of mechanisms, software or other scripts that may disrupt regular website operation is prohibited. Customers must not adopt any measures that might place an unreasonable or excessive strain on the infrastructure of ScanProtect. Customers are prohibited from blocking, overwriting or modifying content created by Securicard SA or Experian or otherwise disruptively intervening in the websites of ScanProtect.
4 Conclusion of the Contract
Services are provided via Securicard SA. After having sent the request for registration, the customer will receive a confirmation of receipt of the registration for the product ScanProtect.
The contract between Securicard SA and the customer comes into force with the confirmation of registration by Securicard SA and is valid for a minimum contract period of 12 months. Thereafter, the contract is tacitly renewed for a further year in accordance with the selected price model or coverage.
If it is established after confirmation of registration that a service cannot be provided, Securicard SA may cancel the corresponding order in whole or in part or withdraw from the contract. In this case the customer has no claim to the provision of the corresponding service.
The contractual relationship can only be terminated for each selected insurance cover after a minimum contract period of 12 months with a period of notice of at least 1 month before the next automatic annual renewal and thus in written form.
Securicard SA Customer Service will confirm the termination in written form and block the corresponding account. Access to the registered data in the account is no longer possible after the blocking.
Securicard SA is entitled to terminate a customer's account at any time, in particular in the event of a breach of the General Terms and Conditions or for other important reasons.
Excluded customers have no right to register or re-register as a member without the prior consent of Securicard SA, either in their own name or in the name of a third party
The prices are published and binding on the Securicard SA website or on the registration website of a Securicard SA sales partner. Securicard SA and its sales partners reserve the right to change price models at any time
7 Payment, billing
The payment obligation begins with the confirmation of registration of the ordered service. If no other payment modalities have been agreed upon, the means of payment indicated on the registration are valid.
If the service is paid for by debit and credit cards, the charge will be made after the registration confirmation has been sent. The data for payment by debit and credit cards will be transmitted in encrypted form.
Compensation claims against Securicard SA due to impossibility of performance, breach of contract, culpa in contrahendo and tort shall be excluded unless in the case of willful intent or gross negligence. Liability for indirect and consequential damage arising from mistakes or performance failure shall be excluded.
Securicard SA and Experian may change, restrict or discontinue the scope of the functionalities offered via the ScanProtect platform at any time. The ScanProtect platform may be temporarily unavailable due to maintenance work. Securicard SA shall not be liable in this context.
Securicard SA shall in particular not be liable for damages incurred by customers due to the behavior of other customers or third parties in connection with the use or misuse of the ScanProtect platform.
9 Data protection
Customer account data shall be protected against access by unauthorized third parties. Viewing of all data shall be confined to a limited number of authorized persons and shall only be permitted to third parties upon presentation of a power of attorney or as part of an official inspection.
10 Data transfer and retention obligation
The data collected may be evaluated and used for marketing and advertising purposes.
Securicard SA shall only save the member’s personal data for as long as it is necessary or deemed appropriate in order to comply with current legislation or for as long as it is required for the purposes for which it was collected. Securicard SA shall erase personal data as soon as it is no longer required and in any case on expiry of the maximum retention period prescribed by law. For the rest, the provisions of the data protection declaration apply
11 Transfer of rights and obligations to third parties
Securicard SA reserves the right to transfer individual or all rights and obligations arising from these GTCs to a third party or to have them performed by a third party. Members may not transfer membership or any member rights and obligations towards Securicard SA.
12 Applicable law and place of jurisdiction
The laws of Switzerland shall apply exclusively under explicit exclusion of the Federal Code on Private International Law (CPIL) and the United Nations Convention on Contracts of International Sale of Goods (CISG). The place of jurisdiction is at the headquarters of Securicard SA in Lugano.
13 Severability clause
Should one or more provisions of this contract be or become invalid due to statutory regulations or contradictory content, the validity of the remaining provisions shall remain unaffected.
14 Final provisions
These GTCs may be amended at any time (for instance in the event of changes to the law, adaption or development of service and product functions). The current version shall be published on the www.scanprotect.ch platform and received from Securicard SA. If there is a substantial change, customers may also be made aware of the new provisions.
ScanProtect Data Monitoring, GTCs 01.2023