• First

As part of the registration for the PCSS, all data and information requested as necessary must be provided completely, truthfully and correctly. By completing his/her registration, the (future) user in question assures that he/she has complied with this obligation.

Secondly

Multiple registrations of a user, i.e. several parallel registrations of the same person, are generally excluded.

Thirdly

The contract-relevant data and information created in the user account on the basis of the user’s information must always be kept up to date.

Fourth

Users are obliged to keep their access data and passwords (hereinafter collectively referred to as “access data”) secret, in particular not to pass them on to or disclose them to unauthorized third parties, and to keep them protected from access and knowledge by unauthorized third parties.

If unauthorized third parties have gained knowledge of a user’s access data or if a user has lost the access data, Perseus must be informed immediately. Perseus is entitled to block a user’s access data immediately as soon as there is a reasonable suspicion that they are being used by unauthorized third parties. Perseus informs the affected user of this and assigns new access data to him, unless he himself has knowingly contributed to the unauthorized use of his access data.

Fifth

Users are solely responsible for backing up the information and data that they provide to Perseus or that they have posted within the framework of the PCSS, in particular their user accounts there, as well as those that they have obtained and generated using the services and functions offered within the framework of the PCSS. Data and content posted by users are neither backed up nor is there any claim for restitution in this regard beyond mandatory relevant legal obligations on the part of Perseus.

Sixth

When using the PCSS and the services and functions accessible in connection with it, the users of the PCSS assure that they will comply with the applicable law as well as the rights of third parties in full.

Users may use the PCSS and the services and functions offered within the framework of it exclusively for the contractually envisaged purpose – the contractual use of Perseus services to improve IT/cyber security in their company and in acute cyber security cases. Any (legal) abuse in any form is not permitted.

Users are therefore prohibited in particular from using the PCSS

• from using, advertising, offering, distributing or making available any content, products or services that are defamatory, offensive or libellous, pornographic, glorify violence, are abusive, immoral, fraudulent or in breach of statutory youth protection or data protection laws;
• from using, making available or distributing any content, services or products that are protected by law or in respect of which third parties hold rights, without having the necessary authorisation to do so;
• from harassing other users (including spam), insults or defamation;
• from engaging in or promote anti-competitive acts.

Seventh

Users of the PCSS are also prohibited from taking any action that is likely to impair and excessively burden the functionality of the PCSS and the services and functions offered in connection with it, in particular by blocking, overwriting, modifying or copying the technology and software used for the PCSS, unless this is necessary for the proper use of the PCSS.

Eighth

Users are prohibited from disseminating, making available and publicly reproducing the contents of the PCSS and the services and functions accessible within the framework of the PCSS to third parties, unless such is provided for in the context of the use of the PCSS in accordance with the agreement or takes place with the express consent of Perseus.

Ninth

In the course of using the PCSS, Users may also become aware of Perseus’ proprietary information that requires confidentiality, in particular with regard to experience, processes, processes, technologies, software, developments, business ideas and plans, as well as know-how in connection with Perseus’ current and, if applicable, future service offerings and business activities. This applies in particular to the form, content and execution of the sending of test phishing e-mails in the course of the provision of services by Perseus for evaluation and training purposes. Such information shall be regarded as confidential information and shall be treated as such by users unless it is

• can be demonstrated that it is, or subsequently becomes, lawfully available to the public without any breach of a confidentiality obligation,
• demonstrably comes into the user’s possession lawfully from a source other than Perseus without breaching any confidentiality obligation,
• was already demonstrably known to the user lawfully prior to becoming aware of it in connection with the PCSS,
• demonstrably developed by or for the user without using the confidential information,
• have become known to the public or generally accessible after the user became aware of them, through no fault of the user, or
• have demonstrably been disclosed by the user pursuant to a valid order of a court or public authority; in such a case, however, the user concerned must provide Perseus with written notice of such an obligation prior to disclosing the information in question and, to the extent permitted by the applicable procedural rules, give Perseus the opportunity to object to such disclosure.

Perseus’ information, which is to be regarded as confidential thereafter, must be kept secret by the users and must not be disclosed, either directly or by third parties. You are obliged to take the necessary precautions so that third parties cannot gain unauthorized access to this information.

In particular, users are prohibited from passing on confidential information to third parties, unless these are persons employed by them or professionally bound to secrecy who need access to and knowledge of the confidential information in question for the purpose of using the PCSS in accordance with the agreement or for the purpose of safeguarding the legitimate interests of the user. Such third parties shall be obliged to maintain confidentiality in the same manner and to the same extent before making the confidential information available to them.

Furthermore, users are always permitted to use confidential information only to the extent necessary for the purpose of performing the relevant user relationship. In particular, users are prohibited from using this information for other business purposes by users or third parties without the express prior consent of Perseus.

Tenth

The User shall indemnify and hold Perseus harmless from all claims asserted by third parties against Perseus due to an infringement of rights caused by conduct for which the User is responsible, in particular an improper use of the PCSS and the services and functions offered therein or a (other) violation of these Terms of Use. The obligation to indemnify also includes the reimbursement of necessary legal defence costs.

In the event of such a claim by third parties, the User in question is also obliged to provide Perseus without undue delay, truthfully and completely with all information that is useful for the examination of the asserted claims and a defence against them.

Last updated: April 2022