General Terms and Conditions (GTC) for the "ID Protection" Data Monitoring Service
These Terms and Conditions apply to the use of ID Protection, the Darknet Monitoring Tool, which is operated by Experian Österreich GmbH, Vienna ("Experian") for your identity protection. Experian is the service provider and licensor of LAMIE lifestyle insurance services ("LAMIE").
2 Services of ID-Protection
Experian provides the product ID protection (hereinafter referred to as "ID Protection" or "Scan Protect Platform" on its Internet-connected server environment). Experian performs searches on the Darknet to verify that personal information is traded and/or sold online. The technology searches networks, chat rooms, and websites worldwide for stolen identity records and finds end-user data regardless of nationality or location. If such personal data is found, customers will be notified directly via the email address registered on the ID protection platform. A detailed overview of the services can be viewed at any time via www.ID-Schutz.at.
Within the scope of its operational resources, Experian strives to offer its services as well as possible 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.
In order to use the Services, customers must register online via the link provided by LAMIE and by means of the registration pin obtained. Registration is personal and non-transferable.
Registration is only open to persons with unlimited capacity, natural or legal rights. The information to be entered at the time of registration must be complete and correct at all times and must contain the following: full first and last name, date of birth, address of the current main residence/seat, telephone number, valid e-mail address. The customer must define a non-personal password. Details on how Experian uses their data can be found here. LAMIE itself does not process any personal data for ID protection and does not receive it from Experian.
The user name to be chosen by the customer must not be obscene, degrading or otherwise offensive. In addition, the user name must not contain a reference to an e-mail or Internet address or violate the rights of third parties.
In the event of changes to the registered data, the customer is obliged to immediately check this in the personal user account, so that the information is complete and correct at all times. Experian may at any time provide or waive specific functions, additional information and/or verifications.
The personal access data must be treated confidentially by the customer and third parties may not be granted access or the access data may not be passed on to third parties. If damage results from misuse or unauthorized disclosure of access data, LAMIE or Experian cannot be held liable for this.
Persons domiciled/registered outside Austria cannot use the LAMIE products and services.
The use of mechanisms, software or other scripts that could interfere with the proper operation of the website is prohibited. Customers may not take any action that could result in an unreasonable or excessive burden on the ID protection infrastructure. Customers are prohibited from blocking, overwriting or modifying content generated by LAMIE or Experian or otherwise interfering with the ID Protection Website.
The use of ID protection can be terminated monthly at the end of the billing period.
LAMIE is entitled to announce to a customer at any time, in particular in the event of a violation of the GTC, or in the event of other important reasons.
Excluded customers have no right to register without prior consent from LAMIE or again as a member, neither under their own or under a foreign name.
The prices are published and binding on the ID-Schutz.at registration website or on www.drei.at of LAMIE. LAMIE and your sales partners reserve the right to change pricing models at any time.
Claims for damages arising from impossibility of performance, breach of contract, fault at the conclusion of the contract and tort are excluded against LAMIE, unless there is intentional or grossly negligent action. Liability for indirect and consequential damages resulting from failure or loss of power is excluded.
LAMIE, respectively Experian may change, restrict or adjust the scope of the functionality offered through the ID Protection Platform at any time. The ID protection platform may be temporarily unavailable due to maintenance. In this context, LAMIE is not liable.
In particular, LAMIE shall not be liable for damages caused to customers by the conduct of other customers or third parties in connection with the use or misuse of the ID protection platform.
9 Data protection
The data of the customer account is protected against access by unauthorized third parties. An insight into the complete data is only possible to a limited number of authorized persons and will be disclosed to third parties only upon presentation of a power of attorney or in connection with an official investigation.
10 Data transfer and retention obligation
Experian retains a customer's personal data for as long as it is necessary or appropriate to comply with applicable laws, or for as long as it is necessary for the purposes for which it was collected. Experian will delete personal data as soon as it is no longer needed and in any case after the maximum retention period required by law has expired. All other data they provide to Experian will not be processed by LAMIE at any time.
11 Transfer of rights and obligations to third parties
LAMIE reserves the right to transfer individual or all rights and obligations under these General Terms and Conditions to a third party or to have them exercised by a third party.
12 Applicable law and place of jurisdiction
It is exclusively applicable under Austrian law, with the express exclusion of the Federal Act on Private International Law (IPRG) and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is at the headquarters of LAMIE in Linz.
13 Severability clause
Should one or more provisions of this contract be or become invalid due to statutory provisions or conflicting content, the validity of the remaining provisions shall remain unaffected.
14 Final provisions
These General Terms and Conditions may be amended at any time (e.g. in the event of changes to the law, adaptation or further development of the functionalities of the services and products), whereby the current version is published under www.id-schutz.at or is available from LAMIE. If there is a significant change, customers can also be made aware of the new provisions in an appropriate form.