CyberRescue Terms & Conditions

1. General provisions

   1.1 These regulation specify:

   1.1.1 the scope of the CyberRescue Service;

   1.1.2 terms and conditions of providing the CyberRescue Service;

   1.1.3 the terms and conditions for concluding and terminating the CyberRescue Service Agreements;

   1.1.4 technical requirements necessary to use the CyberRescue Service;

   1.1.5 the rules and procedure for complaints in connection with the provision of the CyberRescue Service.

   1.2 The entity providing the CyberRescue Service is the CyberRescue sp. z o.o. (CyberRescue Sp. z o.o)  with registered office in Warsaw, address: 03-186 Warsaw, ul. Modlińska 129 / U10, entered to the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XIII Commercial Department of the National Court Register, under KRS number 0000767083, NIP 5242880817, REGON 382315147, with share capital of PLN 499.980,00 PLN fully paid (“CyberRescue Sp. z o.o”) related to mBank SA and belonging to the mBank Capital  Group.

   1.3 The CyberRescue Sp. z o.o provides access to the Terms and conditions free of charge before concluding the CyberRescue Service Agreement on its website at https://uk.cyberrescue.me.

   1.4 The CyberRescue Sp. z o.o makes the Terms and conditions available to customers free of charge upon their request, in a way that enables the acquisition, reproduction and recording of the Terms and conditions using the ICT system used by the customer.

   1.5 The Terms and conditions apply to consumers and sole traders.

2. Definitions

   2.1 Definitions written with a capital letter in these Terms and conditions will have the following meaning:

   Bank — a domestic bank within the meaning of the Act of August 29, 1997 — Banking Law (i.e. Journal of Laws of 2017, item 1876, as amended) or a branch of a credit institution that performs banking activities on the territory of the Republic of Poland;

   Cyber ​​Event — An event on the Internet or on customer’s end devices such as computer, tablet, smartphone, telephone; the purpose of which is to block or take over websites, social media accounts or mailboxes;

   Customer — person or sole trader who concluded a CyberRescue Service Agreement with the CyberRescue Sp. z o.o;

   Messenger — application of an external provider, other than the CyberRescue Sp. z o.o available, among others for Android, iOS, macOS, Linux, Windows and Windows Phone, enabling the Customer to contact the CyberRescue Sp. z o.o;

   Privacy Policy — privacy policy applied by the CyberRescue Sp. z o.o, defining the principles of personal data protection of the Customer, available on the website at https://uk.cyberrescue.me;

   Confirmation — Confirmation of the conclusion of the Agreement for the provision of the CyberRescue Service on a durable medium;

   CyberRescue Service complaint — a complaint regarding failure to perform or improper performance of the CyberRescue Service in the manner specified in the Terms and conditions;

   Services — websites for which access requires additional authentication from the user, including social networking sites;

   Agreement — agreement for the provision of the CyberRescue Service on the terms set out in the Terms and conditions;

   CyberRescue service — a service provided by the CyberRescue Sp. z o.o to the customer on the terms specified in the Terms and conditions;

   Application — an application for the conclusion of the Agreement for the provision of the CyberRescue Service on the terms specified in the Terms and conditions.

3. CyberRescue Service

   3.1 The CyberRescue service consists of:

   3.1.1 providing the Customer with free assistance and support in gathering, securing information regarding circumstances related to the occurrence of Cyber ​​Events;

   3.1.2 the CyberRescue Sp. z o.o assist and representation of the Customer in complaint procedures, if the Customer loses access to the Customer’s account in the websites to which access requires additional authentication, including social networking (“Services”), excluding banking services electronic;

   3.1.3 conducting current educational activities in the field of security by remotely informing customers, including via e-mail or Messenger, among others about current threats to end devices and about possible ways to protect yourself against these threats.

   3.2 The CyberRescue service is provided only to clients who have full legal capacity.

   3.3 The CyberRescue Service is launched on the day the Agreement is concluded.

   3.4 The customer for whom the CyberRescue Service is provided is not obliged to pay the CyberRescue Sp. z o.o any fees in this respect.

   3.5 The CyberRescue Sp. z o.o provides access to up-to-date information on specific security risks in the network on the website at https://uk.cyberrescue.me.

4. Technical requirements to use the CyberRescue service

   4.1 To use the CyberRescue service properly you must have a multimedia device with a web browser, software that allows you to open and view .PDF files with an access to the Internet.

5. Conditions for conclusion and termination of the Agreement

   5.1 To conclude the Agreement it is necessary to accept and submit the application form on the website www.cyberrescue.me/form/.

   5.2 To conclude and perform the Agreement it is necessary for the Customer to provide data specified in the Privacy Policy.

   5.3 The conditions for concluding the Agreement are:

   • the acceptance of the Client’s required statements;
   • acceptance of Terms and conditions.

   5.4 The conclusion of the Agreement takes place after meeting the conditions indicated in point 5.3, when the Customer submits a declaration of intent to conclude the Agreement, in a manner enabling the CyberRescue Sp. z o.o to become acquainted with its content.

   5.5 The CyberRescue Sp. z o.o provides the Customer with confirmation of concluding the Agreement to the email address indicated by the Customer.

   5.6 The contract is concluded for an indefinite period.

   5.7 The CyberRescue Sp. z o.o may terminate the Agreement with a 1-month notice period with effect at the end of the next calendar month.

   5.8 The CyberRescue Sp. z o.o may terminate the Agreement with immediate effect if the Customer violates the provisions of the Terms and conditions, in particular, Customer allows for prohibited activities indicated in point 11 of the Terms and conditions or knowingly provides the CyberRescue Sp. z o.o with false information.

   5.9 The Customer may terminate the Agreement at any time. 

   5.10 The Customer may send  the declaration of termination of the Agreement:

   • by post to the address of the CyberRescue Sp. z o.o: Modlińska 129/u10, 01-386 Warsaw, Poland
   • by e-mail to the following address: help@cyberrescue.me.

   5.11 CyberRescue Sp. z o.o sends the declaration of termination of Agreement to the Customers’ e-mail address.

6. Right of withdrawal

   6.1 The Customer may, without giving any reason withdraw the agreement at any time. (“Right of Withdrawal”).

   6.2 The right of withdrawal is carried out by submitting the CyberRescue Sp. z o.o a statement of withdrawal from the Agreement, the example of which was included in the form attached as Appendix  1 to the Terms and conditions.

   6.3 Information on the use of the Right of Withdrawal from the Agreement is set out in Appendix 2 to the Terms and conditions.

   6.4 The Customer may send a statement on the withdrawal from the Agreement:

   • by post to the address of the CyberRescue Sp.z o.o.: Modlińska 129/u10, 01-386 Warsaw, Poland
   • by email: help@cyberrescue.me.

   6.5 The CyberRescue Sp. z o.o shall promptly but no later than on the next business day after the date of receipt of the withdrawal from the contract, confirm to the Customer receiving a declaration of withdrawal from the Agreement in writing or on a durable medium.

   6.6 If the Customer uses the Right of Withdrawal the Contract shall be considered null and void.

   6.7 The CyberRescue Sp. z o.o shall immediately delete data concerning the Customer that it has acquired between the date of conclusion of the Agreement and withdrawal from this Agreement.

7. Help in the case of Cyber Event

   7.1 The Customer may report the event to the CyberRescue Sp. z o.o which occurred in circumstances indicating that Cyber ​​Events (“Cyber ​​Event Report”) could have occurred.

   7.2 Reporting Cyber ​​Events consists of:

   • sending messages to the CyberRescue Sp. z o.o via the Messenger as part of the CyberRescue Service; or
   • sending a message to the e-mail address: help@cyberrescue.me; or
   • a phone call to: 0330 027 2070 (charged at rates applicable to the customer’s operator).

   7.3 In case of ​​CyberRescue Event Report, CyberRescue Sp. z o.o provides:

   • consultations on how to proceed with the Client in terms of how to collect and secure any evidence and evidence indicating the possibility of occurrence of Cyber ​​Events;
   • preparing and providing the Customer with a response to the Cyber ​​Event Report;
   • Customer support in completing forms, complaints, and notifications necessary to report Cyber ​​Events;
   • Customer support directly in the complaint process and in the field of Cyber ​​notification Events to law enforcement authorities;
   • providing tips on how to increase client’s security in the future.

   7.4 The Safety Center does not run Cyber ​​Event Services on behalf of the Customer, whose purpose is to take over access to the Customer’s bank account or financial resources held on it. In case of such an event the customer is obliged to contact the bank directly.

   7.5 The CyberRescue Sp. z o.o may ask the Client to provide additional information regarding the occurrence or circumstances indicating that Cyber ​​Events may have occurred.

   7.6 The CyberRescue Sp. z o.o shall provide the Customer with a response no later than within 72 hours from the Customer’s Cyber ​​Event Report. This deadline may be extended until the CyberRescue Sp. z o.o obtains the information indicated in point 7.5 above.

   7.7 The CyberRescue Sp. z o.o provides the Customer with a response to the Cyber ​​Event’s Report through preferred way of communication.

   7.8 In the event of Cyber ​​Event Report, the Customer may authorize the CyberRescue Sp. z o.o to act on Customer’s behalf in the complaint procedure. The Customer’s proxy form for the CyberRescue Sp. z o.o is set out in Appendix 3 to the Terms and conditions.

   7.9 The CyberRescue Sp. z o.o shall store the Cyber ​​Event Report for a period of two years from the end of the calendar year in which the Customer made a Cyber ​​Event Report.

8. Help in the event of account access loss

   8.1 The CyberRescue Sp. z o.o within the CyberRescue Service assists clients in the event of losing access to their account on the Services excluding the electronic banking service, in particular as a result of data loss enabling the Customer to access his account on the Services.

   8.2 If the Customer of the CyberRescue Sp. z o.o reports loss of access to the account in a specific Website, including the loss of Customer data enabling the Customer to access his account on the Website, the CyberRescue Sp. z o.o provides:

   8.2.1 consultations regarding the manner of further proceedings aimed at regaining access to the Customer’s account on the Website;

   8.2.2 Customer support in completing forms provided by the Services in the event of data loss enabling Customer access to its account on the Website;

   8.2.3 Customer support immediately after the customer’s account access to the website has been recovered, including checking in particular: log-in history, including log-in history on specific devices, information on purchases in a specific application and sent messages;

   8.2.4 tips on how to increase security when using the Services in the future.

   8.3 In the event of loss of access to the account in the electronic banking service, the Customer is obliged to directly contact the bank that provides full service of the event.

   8.4 In the event that the Customer of the CyberRescue Sp. z o.o reports loss of access to the Customer’s account on the Website, the Customer may provide the CyberRescue Sp. z o.o with the proxy to represent the Customer in the complaint proceedings before the Website, including proceedings aimed at recovering the Customer’s account access to the Website if the Website allows such a way of representing the customer. The Customer’s proxy form for the CyberRescue Sp. z o.o is set out in Appendix 3 to the Terms and conditions.

9. CyberRescue service complaint

   9.1 The Customer may file a complaint regarding non-performance or improper performance of the CyberRescue Service (“CyberRescue Service Complaint”).

   9.2 Complaints about the CyberRescue Service are made:

   9.2.1 by post to the address of the CyberRescue Sp. z o.o: Modlińska 129/u10, 01-386 Warsaw, Poland; or

   9.2.2 by sending messages to the CyberRescue Sp. z o.o via the Messenger as part of the CyberRescue Service; or

   9.2.3 by telephone call to the number 0330 027 2070 (connection payable at the rates applicable to the telecommunications’ operator’s customer); or

   9.2.4 by e-mail to the address: help@cyberrescue.me.

   9.3 The CyberRescue Sp. z o.o resolves the Complaint of the CyberRescue Service within 30 days of its receipt.

   9.4 The reply to the CyberRescue Service Complaint shall be provided in writing or electronic form in the manner indicated in the CyberRescue Service Complaint Report.

   9.5 The CyberRescue Sp. z o.o may ask the Client to submit additional explanations regarding the CyberRescue Service Complaint, provide additional information or documents to prove the legitimacy of the CyberRescue Service Complaint.

10. Personal data protection

    10.1 The detailed rules for the protection of the Customer’s data are set out in the Privacy Policy.

11. Prohibited activities

    11.1 A customer using the CyberRescue Service can not take action:

    • violating generally applicable laws,
    • violating the provisions of the Terms and conditions of the Services and other entities that the Customer uses.

12. Change of Terms

    12.1 The CyberRescue Sp. z o.o may change the Terms and conditions only for important reasons.

    12.2 The following reasons are considered to be important reasons, the effect of which is the necessity to change the Terms and conditions (in the scope resulting from a given reason):

    • introducing new laws or changing provisions of universally binding law that affect how CyberRescue provides the CyberRescue Service;
    • issuing a decision, recommendation, position, ruling or another document by the General Inspector of Financial Information, the Inspector General for Personal Data Protection, the President of the Office of Competition and Consumer Protection GDPR, or other administrative body affecting the way the CyberRescue Service provided by the CyberRescue Sp. z o.o;
    • changes in the CyberRescue Sp. z o.o IT system resulting from:
      • (I) improvement of data center systems of the CyberRescue Sp. z o.o caused by technological development;
      • (II) changes of software providers resulting in the change of the functionality of the CyberRescue Sp. z o.o IT system, affecting the services provided by the CyberRescue Sp. z o.o, including the CyberRescue Service;

    12.3 CyberRescue Sp. z o.o will notify the Customer about the change in the Terms and conditions at least 14 calendar days before the changes come into force, to the e-mail address of the Customer or other communication method indicated by the Customer.

    12.4 The current content of binding Terms and conditions with all the attachments will be available on the website at https://cyberrescue.me.

    12.5 If the Client does not submit a written statement on the non-acceptance of the changes before the proposed date of changes taking effect, it is considered that the Customer has agreed to the changes.

    12.6 Submission of a declaration of non-acceptance of changes is equivalent to immediate termination of the Contract by the Customer.

13. Final conditions

    13.1 The Terms and conditions are valid from 1/10/2019.

    13.2 The law applicable to the conclusion and performance of the Agreement and the Terms and conditions is Polish law.

    13.3 The language used in the relations between the Client and the CyberRescue Sp. z o.o is English.

    13.4 The customer is obliged to immediately notify the CyberRescue Sp. z o.o about the change of name, phone number, e-mail address or other data which he provided to CyberRescue Sp. z o.o.

    13.5 Correspondence will be directed by the CyberRescue Sp. z o.o to the correspondence address indicated by the Customer.

    13.6 The CyberRescue Sp. z o.o shall not be liable to the Customer for non-performance or improper performance of the CyberRescue Service if it was caused by circumstances beyond the CyberRescue Sp. z o.o’s power despite due diligence (“Force Majeure”).

    13.7 The CyberRescue Sp. z o.o is not responsible for the inability to use the CyberRescue Service in the event of the inability to provide the CyberRescue Service as a result of a Force Majeure involving disasters, warfare, terrorist attacks, strikes and riots.

Appendixes

• Appendix 1 – Agreement withdrawal template
• Appendix 2 – Information concerning the use of the right of withdrawal
• Appendix 3 – Customer authority template