I. General Terms and Conditions
The General Contract Terms and Conditions are contractual conditions not discussed individually by any of the parties in advance, predetermined unilaterally without the other party’s assistance, which contain the general contractual terms and conditions for the use of the https://publeaked.cyberintelmatrix.com/ website (hereinafter referred to as Website) operated by BSS Unit Inc. as service provider (hereinafter referred to as Service Provider), for the use of services provided by the service provider. The Customer is entitled to use the services provided on the Website after understanding and accepting the provisions of this General Contract Terms and Conditions (hereinafter referred to as GTC). If the customer is aware of the content of GTC and agrees with all of it, then by submitting the form on the website the customer agrees with its provisions and considers as binding. The Service Provider draws the customer’s attention to that this GTC shall not be filed individually, it will be concluded only in electronic form, and thus it does not constitute a written contract and it does not refer to a code of conduct. The Service Provider declares, and the Customer explicitly accepts that if the legislation or the GTC does not require otherwise between the Service Provider and the Customer, in that case parties mutually accept the e-mail message as being written in itself. The Parties stipulate the above having regard to that they explicitly acknowledge that the base of the legal relationship established between them is the online collaboration (ordering products with online contracting), thus the primary basis of communication conducted between them is correspondence via e-mail.
The parties affirm that during the application of this General Terms and Conditions:
- Service Provider: BSS Unit Inc. (registered seat: 914 42nd Street, Suite B6, Brooklyn, NY 11219, USA).
- Customer: natural person with legal capacity, legal person or unincorporated business association, or social organization electronically contracting the service provider on the Website’s interface.
- Order: the contract concluded electronically between the service provider and the customer; concluded for provisioning the Publeaked Service for customer from the service provider.
- Publeaked Service: publicly available information gathering on the internet by Service Provider’s scanning engine and report creating.
3. Publeaked Service
3.1 Publeaked for Individuals
Service Provider provisions “Publeaked for Individuals” service for natural persons with legal capacity. The Service includes the following: identity scan for name and e-mail address; scan for 2 (two) additional user names; account takeover (ATO) scan; clear web and dark web scan. The scanning engines scan the aforementioned data sources constantly at least for 12 hours and send over the report to the Customer within 24 hours of the receipt of the bank transfer.
3.2 Publeaked for Businesses
Service Provider provisions “Publeaked for Businesses” service for legal persons or unincorporated business association, or social organizations. The Service includes the following: identity scan for name and e-mail address; scan for 2 (two) additional user names; account takeover (ATO) scan; clear web and dark web scan. The scanning engines scan the aforementioned data sources constantly at least for 12 hours and send over the report to the Customer within 24 hours of the receipt of the bank transfer.
3.3 The usage of Publeaked
Customers shall fill out the form on https://publeaked.cyberintelmatrix.com/ with their own personal data then submit it to Service Provider. Service Provider will confirm the receipt of the personal data within 72 hours of the submission and will provide the bank account number to the bank transfer. Customers shall transfer the amount determined by Service Provider to the bank account indicated in the confirmation e-mail within 72 hours of the receipt of the confirmation. Service Provider’s scanning engines scan the data sources described in detail in Sections 3.2 and 3.3 at least for 12 hours and send over the automatic report to the Customer within 24 hours of the receipt of the bank transfer. The Customer shall transfer the amount from a bank account whose account ID is the same as the name provided on the form. Service Provider only accepts bank transfers that are transferred from the corresponding bank account, so it is not possible to use PayPal and other payment service providers that do not require strong customer authentication. Customers expressly agree that they are only entitled to provide their own personal data when using Publeaked Service. Customers may declare that they are EU/EEA citizens therefore the scope of GDPR applies to them.
4 Breach of contract
The failure of the contractual fulfilment of any obligations of the parties means the violation of the provisions of GTC. Those who breach the contract or the order, and thus cause damage to the other party, are obliged to reimburse it. Those exempts from liability, if it is proven that the breach of the contract was caused by a circumstance outside of Service Provider’s field of operation, unforeseen at the time of contract conclusion (vis maior), and the avoiding of the circumstance or the eliminating of the damage could not be expected.
2. Data controller
The data processing is carried out by those employees of BSS Unit who directly participate in provisioning services within their activities in compliance with the purpose limitation of processing. The contact of BSS Unit as Data Controller is as follows:
- Name of the Data Controller: BSS Unit Inc.
- Representative of the Data Controller: Mr Andras Patkai managing director;
- Address of the Data Controller: 914 42nd Street, Suite B6, Brooklyn, NY 11219, USA;
- E-mail address of the Data Controller: firstname.lastname@example.org;
3. Principles of Data Processing
BSS Unit takes all appropriate measures to ensure that the personal data of the visitors (data subjects) of the Website are at all times
- processed in a lawful and fair manner in compliance with the appropriate legal basis (lawfulness, fairness, transparency);
- collected for a specified, explicit and legitimate purpose and not further processed in a manner that is incompatible with those purposes
- adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (data minimisation);
- accurate and, where necessary, kept up to date; and if possible, the inaccurate personal data are erased or rectified without delay (accuracy);
- kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for statistical purposes which is subject to implementation of the appropriate technical and organisational measures (storage limitation);
- processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (integrity and confidentiality).
4. Data Processing Activities
BSS Unit keeps the personal data provided by you in safe custody and by appropriate technical and organizational measures it takes precautional measures to secure them by using technical, physical, administrative and computer-based equipment. Safety measures with appropriate protection level were introduced in order to avoid accidental data losses, processing, unauthorized accessibility, modification or publishing. An appropriate procedure is applied for handling any presumed data protection breaches and we notify you and the affected authority about the data protection breach, if such notification is mandatory based on statutory requirements
6. Standard term of processing
The term of the processing is five (5) years reckoned from the termination of the opportunity to use the service, with regards to the fact, that within this term a civil proceeding claim of BSS Unit can occur reckoned from the expiry of the service due to your activity and by this term it ensures that your personality remains retraceable, so BSS Unit can enforce its damages or other civil proceeding claims towards you.
7. Rights in connection with the processing
In connection with the processing of your personal data, with regards to the provisions of the GDPR, you have the hereby listed rights, based on which you are entitled:
- To request access to your personal data (generally known as: ‘right of access by the data subject’). Based on this you are entitled to obtain copies of your personal data processed by us and you are entitled to monitor whether our processing is lawful
- To request rectification of your personal data processed by us. Based on this you are entitled for the rectification of your inaccurate or incomplete personal data processed by us, however in such case it may be necessary to inspect the credibility of the newly provided data.
- To request the erasure of your personal data. This entitles you for the erasure or the removal of your personal data by us, if there is no reasonable cause for further processing. You can also request the erasure or removal of your personal data if you successfully objected against the processing of your personal data (see below), in case the information were processed unlawfully or in case we are obBSS United to erase your personal data based on the local law. Please take into consideration that we cannot fulfil your request for erasure at all times based on other legitimate interest, of which, if applicable, we inform you at the time of addressing your request.
- To object against the processing of your personal data if the processing is based on the enforcement of our legitimate interest (or the legitimate interest of a third party) and you object against the processing based on reasons in connection with your personal situation, since you feel like that it has an effect on your fundamental rights and freedoms. You can also object, if your personal data is processed by us for direct marketing purposes. In certain cases, we are entitled to prove that our compelling legitimate interest prevails against your fundamental rights and freedoms.
- To request the restriction of processing of your personal data. This entitles you to have the processing of your personal data ceased by us in the following cases: (a) if you request us to ensure the accuracy of your data; (b) where our processing is unlawful, but you do not intend to have your data deleted by us; (c) if you request us to store your data even if we do not need them anymore, but you need them for presenting, enforcing and protecting legal claims; or (d) in case you object the processing of your data, but inspection of the existence of the overriding lawful legal basis is necessary.
- To request the transfer of your personal data to yourself or to a third party. We transfer your personal data to you or to a third party chosen by you in a structured, generally used machine readable format. Please take into consideration that this right only covers such personal data which is processed by the carry out of automated means, to the usage of which your consent was given previously and which was used for the performance of the contract.
- To withdraw your consent at any times, when the processing of your personal data is carried out based on your consent. However, this does not affect the lawfulness of processing prior to the withdrawal of your consent. In case you withdraw your consent, it is possible that we cannot provide certain products or services to you. Of the above, we notify you at the time of the withdrawal of your consent
All data subject rights listed under the present section may be exercised through the request delivered to the above contacts of BSS Unit. In compliance with Article 12 of the GDPR BSS Unit shall provide information on action taken on the request of the data subject without undue delay and in any event within one month of receipt of the request. That period may be extended where necessary in compliance with the GDPR. Any actions taken based on the request shall be provided free of charge, however where the request is manifestly unfounded or excessive (in particular because of their repetitive character), then BSS Unit may either charge a reasonable fee taking into account the administrative costs or refuse to act on the request.
8. Modification and erasure of personal data
BSS Unit erases the controlled data from its registries, if the conditions of storing based on statutory requirements or other legal bases are not existing. Naturally, you can also request the modification and / or rectification or erasure of your personal – or corporate – data any time in compliance with the provisions laid down in the above sections.
9. Declaration of the user
10. Right to submit complaints
In case the data subject considers, that its rights were infringed, then BSS Unit suggests that the data subjects shall initiate consultations with the data controller in a way that it can directly contact the above appointed contact person. If such consultations do not lead to results, or the data subject does not intend to participate in such activity, then the data subject may turn to the court or have the right to lodge a complaint with a supervisory authority, in particular in the EU/EEA Member State of the habitual residence, place of work or place of the alleged infringement. In case of the initiation of court proceedings, the data subject may decide whether it initiates the proceedings before the competent court based on its address or based on its residence.
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CyberIntelMatrix April 10, 2020