1.1 These are the General Terms and Conditions ("Terms and Conditions") for the use of the personal Data Vaults ("Data Vaults") provided by the Vlaams Datanutsbedrijf (Flemish Data Utility Company -"DNB" or "we"), Eigen Vermogen Digitaal Vlaanderen (Own Capital Digital Flanders - "Eigen Vermogen Digitaal Vlaanderen"), and Agentschap Digitaal Vlaanderen (Agency Digital Flanders - "Agentschap Digitaal Vlaanderen"). DNB provides Data Vaults to Flemish Citizens ("Citizens") with the aim of supporting the Citizens in their administration through easy and secure data sharing. DNB is a privately organised externally independent agency in the form of an NV of private law, as mentioned in Article 3 of the decree authorising the establishment of the privately organised externally independent agency Flemish Data Utility Company in the form of a public limited company ("DNB decree"), with its registered office in Belgium, 1000 Brussels, Havenlaan 88, box C, and known in the Crossroads Bank for Enterprises under the number 0795.547.478.
1.2 These General Terms and Conditions apply to any use of the Data Vaults by Citizens.
2 ACCEPTANCE AND AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
2.1 You acknowledge and accept these General Terms and Conditions by accessing and using the Data Vaults platform.
2.2 DNB reserves the right to modify, amend, supplement, or make changes to the content of the General Terms and Conditions at any time and make changes to the Data Vaults platform ("Data Vaults platform"). We may do this for various reasons, including but not limited to legislative changes or new features. DNB will inform you of the changes to these General Terms and Conditions through a notification on the user environment of the Data Vaults platform. If you do not expressly object to the modified General Terms and Conditions within 30 calendar days of being notified, you will be deemed to have accepted the modified General Terms and Conditions. You can find the most recent version of the General Terms and Conditions at any time on the website of the Flemish Data Utility Company.
2.3 This version of the General Terms and Conditions was last modified on 23/05/2023.
3 FUNCTIONS AND FEATURES OF THE DATA VAULTS PLATFORM
3.1 The Data Vaults platform is a data-sharing platform that enables the digital exchange of various types of information.
3.2 DNB retrieves information from Supplying entities ("Supplying entities") upon the request of the Citizen, as mentioned in Article 14 of the DNB decree, and stores it in the Citizen's Data Vault. DNB makes the data in the data vault available to the Receiving entities ("Receiving entities"), as designated or authorised by the Citizen, as mentioned in Article 21 of the DNB decree.
4.1 You can find information on data interoperability in the data vault here.
5 DNB'S OBLIGATIONS
(i) Activates and deactivates your Data Vault at your request and grants you access to your Data Vault ("the Vault Service");
(ii) Retrieves your data from a Supplying entity upon your request, stores this data in your Data Vault, possibly in the form of a verifiable credential, and shares the unique address of your Data Vault (WebID) with the Receiving entities designated or authorised by you, after which these Receiving entities can access the data you have specified in.
(hereinafter collectively referred to as "the Services").
5.2 Without prejudice to Article 7, DNB does not provide any warranty, express or implied, regarding the proper functioning and constant accessibility of the Data Vaults platform, and it shall not be liable in case of any such issues, regardless of the cause (e.g., technical malfunctions, interruptions, errors, or viruses).
5.3 DNB provides the Data Service for the data in your data vault only to the extent that you grant permission for it and as long as you do not withdraw such permission. If you withdraw your permission, either for the entire processing of personal data in/for your Data Vault or for sharing your personal data in your Data Vault with certain Receiving entities, then, depending on the case, all or certain Receiving entities will no longer have access to your personal data in your Data Vault. This result may affect your (contractual) relationship with the Receiving entity (e.g., breach of contract, loss of opportunity or benefits, cessation of services, etc.), for which DNB is not responsible.
5.4 DNB provides its Services "as is" without any representation or warranty, express or implied, including but not limited to implied warranties of accuracy, fitness for a particular purpose, or non-infringement of intellectual property rights, or any implied warranty arising from a course of dealing, performance, or trade usage. Without limiting the generality of the foregoing, DNB is not obligated to indemnify, defend, or compensate you, including but not limited to claims related to product liability or infringement of intellectual property rights.
5.5 DNB reserves the right to change the layout and/or content of the Data Vaults platform without prior notice. These changes may cause temporary delays or suspensions of the Services.
6. QUALITY AND ACCURACY OF DATA IN THE DATA VAULT
6.1 DNB shares data in the data vault with you and the Receiving entity as received from the Supplying entities. DNB does not make any modifications to the data and does not provide automatic updates of data in the data vault.
6.2 There are risks associated with using the Data Vaults platform (such as, but not limited to, the unavailability of the Supplying entity on which DNB relies for its Services or the provision of incorrect or incomplete data by the Supplying entity). The Supplying entity is solely responsible for the accuracy of the data it provides to DNB. You accept the risk that your Data Vault may contain incorrect or outdated data and bear the consequences of using incorrect or outdated data from your data vault.
6.3 While this falls under the responsibility of the Supplying entity, and although DNB endeavours to minimise such occurrences, your Data Vault may contain data that is incorrect or no longer up to date. If you notice that data in your data vault is incorrect or no longer up to date, depending on the context, you can take the following steps: remove and reload the data from your data vault or contact DNB or the Supplying entity to update or improve the data in the original source.
6.4 The Citizen is responsible for the data (e.g., contact information) that they can enter and modify in the Data Vault. DNB is not responsible for the inaccurate or outdated data stored by the Citizen in the Data Vault.
7 SERVICES AND TECHNICAL SUPPORT
7.1 The User can address any functional or technical question regarding the platform to the helpdesk department. This service is available at firstname.lastname@example.org. All notifications and queries can be addressed to this address.
8 LAWFUL USE OF THE DATA VAULTS
8.1 Under the conditions stipulated in these General Terms and Conditions, you are granted the right to use your Data Safe on DNB's Data Safe Platform to retrieve, store and share your (personal) data.
8.2 You undertake to use your Data Safe for lawful and lawful purposes only and to comply with all applicable laws at all times. This includes the following (non-exhaustive):
- You undertake to use your Data Safe only for the Data Safe Platform described in Article 3 and not to exchange or request any information violating applicable laws.
- You will not use your Data Safe for unlawful purposes incompatible with public order and/or morality, data protection rules, and/or intellectual property rights rules.
- You will not carry out any unlawful processing of personal data through the Data Safe Platform or with information delivered through the Data Safe Platform. You will at all times comply with applicable data protection legislation.
- You will not "hack" the Data Safe Platform, and you will not use the Data Safe Platform for acts that result in illegal access to data from linked networks, impair the proper functioning of DNB or the Data Safe Platform or jeopardise the use or available capabilities of other users; damage or destroy the integrity of computer data; interrupt or interfere with the operation of the Data Safe Platform and servers or networks connected thereto, or for acts that otherwise adversely affect it.
- You undertake to report any unlawful use of which you are aware, including the presence of illegal content on the Data Safe Platform, by sending an email to email@example.com so that DNB can take the necessary and appropriate measures if necessary.
8.3 DNB reserves the right to suspend or terminate access to the Data Vault Platform and/or its use, without prior notice, in case of unlawful use of the Data Vault Platform or if it suspects unlawful use.
9.1 DNB shall not be liable for its errors or carelessness, or those of its subcontractors, that result in:
- the damage that would result from the materialisation of those risks in providing, compiling, installing, writing, interpreting, announcing and disseminating information or data through the Data Safe Platforms, irrespective of whether such damage consists of direct, indirect, incidental damage, loss of profits, loss of opportunity or any other damage;
- any incorrect or incomplete information made available and delivered by Supplying Entities through the Data Safe Platform, nor for any decision or action the Receiving Entity takes or should have taken based on the information or data;
- the damage caused by third parties, including but not limited to viruses, computer crime or hacking, that would affect your computer software as a result of your use of or access to the Data Safe Platform;
- the content, function and features of third-party websites that might be accessible through its website;
- damages caused by the failure of electronic communications via the website, such as delays, interceptions or manipulations by third parties concerning such communications;
- damage caused by the unavailability or inaccessibility of the Data Vault platform regardless of its cause (technical breakdowns, interruptions, errors or viruses);
- damage caused by its errors or errors of its Appointees.
9.2 The above limitations do not apply in case of proven (i) fraud, (ii) intentional and/or gross negligence of the DNB or its Appointees, (iii) gross negligence of the DNB and (iv) errors of the DNB or its Appointees affecting the life and physical integrity of a person.
9.3 The liability of the Flemish Data Utility Company, regardless of the basis of the claim for compensation, is limited to €200 per harmful event, regardless of the basis of the claim for compensation, for all harmful events together limited to €600.
10 INTELLECTUAL PROPERTY RIGHTS
10. 1 DNB remains the owner or licensee of all intellectual property rights relating to the Data Vault Platform and its content and design, including, but not limited to, the data (including, but not limited to, the data contained in the Data Vaults ), brand names, images, logos, drawings, product or company names texts, design, underlying software, manuals, installation guides, integration and implementation documents, reports, test results, analyses and any other data, creations or documentation provided to you by DNB, Digital Flanders or its licensors (including, but not limited to, the Providing Entity).
10.2 Apart from the right of use referred to below, nothing in these General Terms and Conditions nor the use of the Data Safe Platform shall be deemed to create for you any right, title or interest in the intellectual property rights of DNB, Digital Flanders or their licensors.
10.3 To avoid any misunderstanding between you and DNB, you expressly declare and acknowledge that nothing in these General Terms and Conditions, nor the use of the Data Safe Platform, shall cause you to acquire any right, title or interest in the intellectual property rights relating to the data in the Data Safe provided by the Providing Entity.
10.4 Without prejudice to what is provided in Article 8 of these General Terms and Conditions, you acquire on the Data Safe Platform and its contents a non-exclusive, non-transferable, non-sublicensable and personal right of use for the exclusive purpose of performing the Services as provided in Article 5 of this Agreement.
10.5 Without prejudice to Articles 10.3 and 10.4, you are not entitled to modify, decompile, reverse engineer, create derivative works from, transfer or disclose to third parties any part of the Data Vault Platform for any purpose whatsoever.
10.6 You are prohibited from requesting and/or reusing a qualitatively or quantitatively substantial part of the content of the Data Safe Platform. Repeated and systematic retrieval and/or reuse of non-substantial parts of the contents of the Data Safe Platform are not permitted if they conflict with a normal exploitation of the Data Safe Platform or they cause unjustified damage to the legitimate interests of DNB, Digital Flanders or its licensors.
10.7 You shall not remove any proprietary notices, labels or trademarks affixed to the Data Vault Platform and its content and design.
10.8 Without prejudice to Article 6 of these General Conditions, the DNB warrants that to its knowledge, the Data Vault Platform does not infringe the intellectual property rights of third parties and will indemnify you against claims by third parties who allege that the Data Vault Platform, in the state as delivered by the DNB, infringes their intellectual property rights, provided that the Data Vault Platform is not modified by you or a third party without the consent of the DNB.
10.9 You will promptly notify the Flemish Data Utility Company in writing if you become aware of any infringement or suspected infringement by a third party of any of the DNB's intellectual property rights. DNB will determine in its sole discretion what action, if any, shall be taken and shall take such action at its own expense and for its benefit.
11 PROCESSING OF PERSONAL DATA
11.1 DNB processes personal data in developing, administering and making available the Data Safe Platform. DNB is a data controller for its own processing activities, as stated in Article 25 DNB Decree.
11.2 The Supplying Entity is a data controller for the data it communicates to DNB.
11.3 The Receiving Entity acts as a data controller for the data it receives from DNB.
11.4 You can check at any time what data is present in your Data Safe and to whom you grant access to what data in your Data Safe.
11.5 You may withdraw your consent to share your data with a particular Receiving Entity at any time.
11.6 You may delete your data from your Data Safe at any time via the Data Safe Platform user environment.
11.7 You can access DNB's full privacy statement here.
12 OTHER PROVISIONS
12.1 APPLICABLE LAW
12.1.2 The Data Vault Platform is operated from DNB's registered office in Brussels (Belgium). Consequently, the contents of these General Terms and Conditions shall be governed exclusively by and construed following Belgian law.
12.2.1 For any dispute arising out of or in connection with the use of the Data Safe Platform, you should apply to the competent court in accordance with Article 624, 1°, 2° or 4° of the Judicial Code.
12.3.1 If any provision of these General Terms and Conditions is deemed invalid or void, this invalid or void provision will be promptly replaced by a valid and applicable provision that closely approximates the original provision and considers the balance between the parties. All other provisions of these General Terms and Conditions remain valid and enforceable.
12.4 FORCE MAJEURE
12.4.1 Force majeure ("Force Majeure") means any unforeseeable situation or event beyond the control of the Parties that prevents one or both Parties from performing their obligations under this Agreement, including but not limited to natural disasters or phenomena, social unrest, strikes, protests, war, (cyber) terrorism, embargoes, military operations, building collapses, fire, explosions, accidents, judicial or administrative decisions, government measures, illness, epidemics, pandemics, quarantine measures, theft, cyber-attacks, acts or omissions of internet service providers, power and telecommunication interruptions, machinery breakdown, the death or prolonged illness of an Appointed person that cannot be replaced by an Appointed person of the same level and with the same experience, and lack of materials and raw materials.
12.4.2 Force majeure releases the defaulting Party from liability for the non-performance of an obligation under these General Terms and Conditions, provided that the non-performance results from force majeure.
12.4.3 If a Party is confronted with force majeure, it shall promptly notify the other Party thereof.
12.5.1 You may terminate your use of the Data Vaults and delete your data vault at any time, free of charge, by sending an email to firstname.lastname@example.org.
12.5.2 These General Terms and Conditions remain applicable as long as you use the Data Vaults and, more broadly, the Data Vaults platform provided by DNB.
13 QUESTIONS AND COMPLAINTS HANDLING
13.1 If you have any questions, wish to file a complaint, or exercise your rights regarding data protection, you can contact the Data Protection Officer of DNB via email@example.com. You also have the right to lodge a complaint with the Flemish Supervisory Commission for the processing of personal data or the Data Protection Authority.
13.2 If you have further questions about this website or these General Terms and Conditions, you can contact DNB via email at firstname.lastname@example.org.