Chapter 1: What do we mean by certain words?
We use certain words in the agreement and in these Terms. Below you can read what we mean by some of these words.
Chapter 2: Which agreements apply to the Datakeeper service?
2.1 Use Datakeeper service
Do you have an agreement with us for the Datakeeper service? Then you may only use it for yourself.
2.2 Information about the Datakeeper service
1. In our App and in Chapter 4 we describe the usage possibilities of the Datakeeper service.
2. Will you receive (an amendment to) our agreement from us? In that case, you must ensure that you can always consult this (amended) agreement. For example by printing this agreement or by saving it on your Device.
3. We may provide you with information through the Datakeeper service. This information can, for example, be about the Datakeeper service that you purchase. For further agreements about information, see the article 'Information'.
2.3 What do I need to use the Datakeeper service?
1. You need a Device, the Datakeeper App and security code when you want to use the Datakeeper service.
2. To be able to use the Datakeeper service, you must create an account in the manner prescribed in the App.
You are obligated to comply with our Regulations. Regulations may concern, for example, the (safe use of) the Datakeeper service, security code or the (safe) use of your Device. But also about, for example, limits or specifications for your Device to be able to use the Datakeeper service. Regulations may also apply temporarily.
2.5 Changing Regulations
We may change or replace the Rules of the Datakeeper service. We will inform you of new or amended Regulations. For example via the App or via e-mail. Or by a change to the Terms and Conditions that apply.
2.6 Use of the Datakeeper for (legal) actions with third parties
1. If that is one of the possibilities of use of the Datakeeper, it can also be used to conclude agreements or perform other (legal) acts with a Receiving party.
For example, you can take out insurance with an insurer via the Datakeeper. Or, for example, buying or renting goods from a Receiving Party via the Datakeeper if we allow it.
2. If you make agreements with a Receiving Party in or through the Datakeeper, we are not a party to this. We are also not responsible or liable for compliance with or proof of the agreements made between you and that Receiving Party.
2.7 Binding to (legal) acts
1. Are (legal) acts - including acts of disposition - performed with your Datakeeper, Device, biometric characteristic and/or security code via the Datakeeper service? Then you are bound by this.
Legal acts include, for example, requesting and forwarding Data from Issuers and Receiving Parties.
2. You are also bound by all (legal) acts performed on your behalf by another person via the Datakeeper service, with a Device, biometric characteristic or security code.
3. You are not bound by (legal) acts that are performed with a Device or a security code of yours or a biometric characteristic from the moment you reported an incident with that resource to the reporting center mentioned in article 'Incident reporting centre'.
This has no consequences for the validity of (legal) acts already performed for the reporting of the incident.
4. We can agree new ways with you to perform (legal) acts.
You are also bound by legal acts that you perform in this way. This also applies if someone else uses this new way on your behalf.
2.8 Actions with a biometric characteristic
If and as soon as the Datakeeper service supports it, you can set it to use a biometric feature on your Device. You can find which Devices are suitable for this in the App.
1. Does an incident occur? For example with your Datakeeper, Device or security code? In that case, inform the contact point mentioned in the article 'Reporting point for incidents' as soon as possible by telephone. If we ask you to do so, you will also notify us of the incident in writing.
2. If you tell us otherwise, please do so by e-mail to the contact point mentioned in the article 'Incident reporting centre'. Unless we determine that you may or must otherwise let us know.
3. If we want to communicate or let you know something, we determine how we do this. We can also only do this via the App. We no longer have to do this in any other way.
2.10 Blocking a security code, Device or Datakeeper service by us
1. We may block the use of a security code, biometric identifier, Datakeeper or Device from you to use the Datakeeper services. We may do this if we deem it necessary.
We will exercise this right carefully. For example due to safety, unauthorized use, fraud or suspicion thereof or the significantly increased risk that you will not be able to fulfill agreements with us.
2. We are not allowed to perform a (legal) act performed by you or on your behalf if there is a very good reason to do so. Or if there is force majeure which makes it impossible to perform that (legal) act.
3. We can also choose to (only) block the Datakeeper service. You will then no longer be able to use the Datakeeper service.
4. Does an event from this article occur? We will then inform you about this. We do not need to inform you:
a. if we have a good reason to do so. For example, if this is not desirable for security reasons, if this is not allowed or to prevent fraud;
b. if you have entered an incorrect security code three times that has blocked the Datakeeper service; c. if the consequences of the decommissioning are or have been minimal for you.
2.11 Availability of the Datakeeper service
1. We make every effort to make the Datakeeper service available. But keep in mind that the Datakeeper service is not continuously available.
If necessary, take measures to prevent or limit the consequences of the unavailability of the Datakeeper service. For example, by exchanging Data in a different way.
2. We always have the right to disable the Datakeeper service or parts thereof. For example for maintenance, in case of fraud or suspected fraud. But also, for example, in the event of a malfunction in the equipment, software or infrastructure used.
We may also decide not to (or no longer) make certain (parts of) the Datakeeper service available to you.
2.12 Changing or terminating the Datakeeper service
1. We always have the right to change or terminate the usage options of the Datakeeper service.
2. We may also terminate the Datakeeper service or parts thereof.
3. We will exercise these rights carefully. For example because of security, unauthorized use, fraud or a suspicion thereof. We may also do this if we expect you to fail to meet your obligations.
4. We will inform you about this in advance if possible, for example via the App.
5. We will tell you the reason if you ask us. We won't tell you the reason unless we have a good reason for it. For example, to prevent fraud or to protect the safety or interests of others.
6. We may also terminate your Datakeeper service if, in our opinion, you have not used it for a long time. We do this, among other things, to avoid unnecessary costs for you. You will not be notified about this.
Chapter 3: How can you safely use the Datakeeper service?
3.1 What should you do?
1. Keep your security code secret. Your security code is strictly personal. If you can choose or change a security code yourself, make sure it is not easy to guess.
2. Make sure that your Device is never used by another person for the purpose of the Datakeeper service.
3. Ensure good security of the Device that you use for the Datakeeper service. You must ensure that the (internet and/or telecommunication) services, equipment and software that you use, and your Device are and remain suitable and safe for the use of the Datakeeper service.
4. Immediately report incidents to the Receiving Party and follow its instructions. How you do this is described below in the article 'Reporting point for incidents'. A number of safety regulations are explained in more detail below.
3.2 Incident reporting point
In the event of an incident involving Data that you have provided to a Receiving Party, you must contact that Receiving Party's hotline. In the event of an incident involving the Datakeeper Wallet, you must contact the Datakeeper hotline. This can be reached via email@example.com.
Have you suffered damage as a result of an incident? In that case, you must immediately file a report with the police. If the Receiving Party so requests, you must provide it with a copy of the official report of this declaration.
3.3 Points of attention for safe trading with your biometric characteristics
The following safety regulations apply to the use of each biometric feature to the extent that it is offered in the App.
1. You may not use the biometric identifiers if other people's biometric identifiers are registered on your Device. You should check this yourself before setting up the use of (one of) the biometric features. You are responsible for this yourself.
2. Do you know or suspect that something is wrong? In that case, immediately block our Apps and report this to the reporting center as stated in the 'Incident reporting center' article.
3. It is possible that people whose biometric characteristics are very similar, such as a twin brother or sister, can also use your Device if only your biometric characteristics are registered on it. Therefore, never give your Device to others. You are responsible for this yourself.
3.4 Points of attention for safe trading with a Device
Are you using a Device for the Datakeeper? Then you must lock your Device with a security code. This prevents others from using your Device for the Datakeeper service.
Do you no longer have your Device? For example because it has been lost or stolen? Or do you know or suspect that someone else knows your security code? Or do you see that the Datakeeper has been used with this Device without your permission? Or if strange things happen when using the Datakeeper if you have it on your Device? Call the hotline. You can cancel the Datakeeper yourself by removing it from your Device. The data stored in the Datakeeper will then be lost.
3.5 Use of (internet and/or telecommunication) services, Equipment and software and security
1. You must ensure the availability of all (internet and/or telecommunication) services, equipment (including a Device) and software that are necessary for the use of the Datakeeper service.
2. You are obliged to handle the (internet and/or telecommunication) services, equipment, security and software in such a way that no damage can occur to us and/or third parties.
3. We can use software or have it used that provides extra security for the data connection in addition to the software as referred to in this article. You are then obliged to use this software. We are in no way liable for the use and/or side effects of such software.
3.6 Regulations for the use of the App The following applies to the use of the App.
1. Before installing the App, you are obliged to check whether the App originates from us.
2. You may only use the App for the purpose for which it is intended. In any case, you may not copy, modify or make this App available to third parties.
3. When you no longer use the App or are no longer allowed to use it, you are obliged to remove it from the Device. This also applies if you sell the Device or no longer use it (yourself) for any other reason.
4. If we ask you to install a new version (updates) of our App.
5. We and third parties engaged by us are not liable for damage that arises directly or indirectly as a result of malfunctions or errors in (updates of) the App or the use thereof. Or for damage that arises directly or indirectly because (an update of) an App does not work in combination with your Device. For example, because the memory of the Device is full.
6. As long as you use our App, these Terms (including their amendments) will continue to apply.
Chapter 4: The Datakeeper service
1. With the Datakeeper service you can request data from Issuing Parties and exchange it with Receiving Parties via your personal environment on your Device, your Datakeeper. The Datakeeper environment is offered by Rabobank.
2. You can use the Datakeeper if you have installed the App on your device and you have been accepted by Rabobank as a customer after your registration.
3. The Datakeeper and the associated security code are strictly personal. You may not give it to someone else. And don't let anyone else use it.
4. You alone determine from which Issuers you collect Data to your Datakeeper and to which Receiving Parties you subsequently forward the Data.
5. The Issuing and Receiving Parties use a digital key for the secure transmission of Data that enables them to communicate with your Datakeeper at your request via an API. You will not see the digital key on the screens to which you have access.
6. Rabobank is not responsible for the actions of the Issuer that are necessary to get the documents requested by you into your Datakeeper. Rabobank is not responsible for and does not guarantee the correctness and suitability of the Data sent by you to the Receiving Party from your Datakeeper.
7. Rabobank is not responsible for the actions of the Receiving Party that are necessary to get the documents requested by you from your Datakeeper to the Receiving Party. Rabobank is not responsible for and does not guarantee the decisions that the Receiving Party makes towards you after receiving your Data from your Datakeeper.
8. It is the responsibility of the Issuers and Receiving Parties to you to comply with the relevant laws and regulations, such as, for example, the legislation on the protection of personal data. Rabobank is not responsible for this and does not guarantee it.
9. Do you want a particular Issuer and/or Receiving Party to no longer send or receive Data from you through your Datakeeper? For example because if you think that they do not handle your data properly. Then you can terminate the involvement of that Issuer and Receiving Party yourself, by no longer involving them in your use of your Datakeeper.
10. Once (requests for the collection of) Data have been provided to an Issuer and/or Receiving Party, they cannot be retrieved by us. Other actions that have been performed cannot be reversed. Please contact the Issuing and Receiving Parties to discuss the options.
11. In the history menu of the App you will find an overview of the previous requests and transmissions that you made with your Datakeeper.
Chapter 5: End of Agreement
5.1 Termination of the agreement
1. You may cancel the agreement at any time. You can cancel the agreement without notifying us. We regard the removal of the App from your Device as the termination. As long as the App remains on your device, the agreement has not yet been terminated.
2. We may terminate the agreement at any time. A notice period of thirty days applies. The agreement will then end after the notice period.
5.2 Right of suspension
1. After termination of the agreement, we may suspend the use of the Datakeeper service. This means that you can no longer use the Datakeeper service.
2. We may also suspend if you fail to fulfill an obligation to us. Or if permitted by law or in special cases.
3. When is there a special case that allows us to suspend? For example: a. If we are in doubt whether you are allowed to use the Datakeeper service.
b. If we doubt whether a valid (legal) act has been performed via the Datakeeper.
c. In threatening circumstances such as possible sanctions of a country.
In the following cases, we may immediately terminate the agreement without having to notify you in advance.
1. You are declared bankrupt.
2. You will be granted a suspension of payments.
3. A statutory debt rescheduling scheme is declared applicable to you.
4. An insolvency arrangement will be declared applicable to you.
5. Or an application is made for one of the aforementioned grounds. All this also applies to comparable legal facts and circumstances under foreign or international law. In the following cases we may terminate the agreement and (to the extent possible) we will inform you in advance.
1. You fail to comply with one or more of the following obligations or it is foreseeable that you will not comply with them:
a. an obligation under the agreement;
b. another obligation to us;
c. an obligation under an agreement towards a third party if that agreement is related to the Datakeeper service. If you let us know that you can no longer fulfill your obligations, it is in any case foreseeable.
2. An event occurs that adversely affects our relationship with you or our integrity or reputation. For example:
a. If you act in violation of laws and regulations.
b. If our relationship with you or your act or omission prevents us from complying with applicable laws and regulations.
c. If in our opinion our relationship with you poses a threat to the integrity or reputation of the financial sector or us.
3. Another event occurs that has been mentioned as a ground for termination. This may be mentioned in the agreement, these Terms or in other terms and conditions that apply to the agreement. For example:
a. The circumstances concerning you:
you die, are presumed to have died or are missing;
you are placed under guardianship or your assets are placed under administration or management or an application is submitted for you;
(a part of) your assets will be seized. Or a different way of looking for a story;
you move (partly) to another country;
you leave the country where you live or are established;
you no longer have a known place of residence, residence or place of business. All this also applies to legal facts and circumstances from foreign legal systems that are comparable to what is stated above. b. You provide false or unlawful information or statements:
you have provided incorrect or incomplete information to us or others;
you withhold information, destroy or manipulate information, or do so about other facts that could harm us;
you have made a statement in the agreement, in these Terms or in any other terms applicable to the agreement that is incorrect.
5.4 Consequences of termination of the agreement
1. By terminating the Datakeeper service, you no longer have access to the information and Data that we have provided to you via the Datakeeper service. But also no longer to all information, data and documents that you receive from a Receiver and received the lot in the Datakeeper. You must take measures in advance to ensure that you can always consult the information and Data you need in a different way.
2. Will the agreement or the Datakeeper service be terminated? Then we are not obliged to perform (legal) act(s) for which you have given an order.
Chapter 6: What else do we agree with you?
1. We may charge you for the provision and/or use of the Datakeeper service. In addition, we may charge costs for (legal) acts performed by you via the Datakeeper. If we are going to charge you costs, you will find an overview of those costs in the App.
2. We may change these costs. We will inform you about this at least thirty days before the effective date. For example via the App or via e-mail.
We provide you with information, including about: Using the Datakeeper service. Method of provision of information
1. You will be automatically notified that there is a message in the App.
2. Is the information incorrect? Or do you think information is missing? Then you must let us know immediately. Who can we give information to? We may always provide all information about you, the agreement and other rights related to the agreement, if and insofar as there is a lawful basis for this under applicable privacy legislation:
1. a domestic, foreign or international government, and
2. other parts of the Rabobank Group in order to be able to do our work as well as possible. For example to:
a. to be able to carry out the agreements we have made with you,
b. to keep our business operations as efficient as possible (for example, centralizing (customer) acceptance policy at group level),
c. to advise you as best as possible.
3. We may also give all data about you to a legal successor of ours.
1. We process your personal data. The Privacy Statement describes the way in which we and other group entities handle your personal data. You will find the Privacy Statement on our App. We may also process (personal) data about you and other data abroad if and insofar as there is a lawful basis for this under privacy legislation (including the GDPR). This may mean that your data will be passed on to other parties in countries that do not have the same level of protection of personal data as the European Union. In that case, we will make agreements with the parties in those countries to whom we pass on your data, so that a sufficient level of protection is guaranteed by European standards. Are your personal data processed in a country with a different level of protection? For example, this may result in your personal data being the subject of investigation by competent national authorities of the countries where such data is located.
6.3 Retention of data by us
1. For security reasons, among other things, we may collect and retain additional (historical) data about your use of the Datakeeper service. We may also retain (historical) data about the use of the internet (such as IP addresses), devices (such as your Device), software and sessions with our systems.
2. This data is used to improve the security of the Datakeeper service and the use of the internet and to organize the service to you in the best possible way.
3. We may ask you for additional information about the devices and Devices you use. We may use all of this additional information for the purpose of preventing, detecting and combating misuse of the Datakeeper service. We may exchange this information for that purpose with other parties such as banks or public/private investigative agencies and third parties that we engage to enable safer internet traffic.
6.4 What information do you need to give us?
1. Has anything changed in your situation? Or do you expect something to change? Then you must let us know immediately if this could be important to us. For example, if you have a new address or if you have filed for bankruptcy.
2. Does an event occur as a result of which a ground for termination arises or could arise? Then you must let us know immediately. You must also let us know what the possible consequences of that event are.
3. Do we ask you for information? Then you must provide us with that information immediately. In the way we ask. This may also mean that you have to provide us with documents. For example, we may ask you for this information in order to comply with legal requirements. We may also request this information from others.
4. If you provide or are required to provide information to us, you must do so in a timely, complete and truthful manner. You do not withhold any relevant facts and circumstances. You must ensure that we give us a realistic picture of the situation.
5. Do we ask you to provide additional information? And you don't. Then this may have consequences for our services to you. It may then be the case, for example, that the use of the Datakeeper service cannot (temporarily) take place or that Rabobank has to terminate the agreement with you.
6.5 Identification and customer due diligence
1. If we request this, you must identify yourself with a valid proof of identity. We determine how you can identify yourself.
2. You must also provide us with information in cases to be determined by us so that we can comply with our obligations under sanctions legislation and tax legislation.
3. These information obligations apply in addition to other information obligations you have towards us.
6.6 Liability and damage
1. Are we liable to you? Then our liability is limited to the direct damage you suffer. In principle, we do not compensate indirect damage. Direct damage is/is only:
a. costs and interest that you have wrongly paid us, and
b. interest that we would have had to pay you (if we had fulfilled our obligations). The amount to be compensated is limited to a maximum of two hundred and twenty-five euros (€225) per shortcoming and per series of related shortcomings.
2. We are not liable for indirect damage. For example, profit that you have lost, damage as a result of business interruption or consequential damage.
3. We are in any case not liable for damage that - directly or indirectly - arises from: a. malfunctions or errors in:
infrastructure (such as electricity supplies), or
telecommunications connections (such as connections for (mobile) telephony and for (mobile) internet),
or Equipment, aids and/or software of Rabobank or third parties, unless there is gross negligence or intent on our part.
b. a measure of any domestic, foreign or international government;
c. a measure by a supervisory authority;
d. industrial disturbances at third parties or among our own staff.
4. Have we engaged others in the execution of the agreement? And have we been careful in choosing these others? Then we are not liable for what these others do or do not do.
Our records provide you with compelling evidence. This also applies to the administration of others we have engaged.
6.8 What happens in the event of a merger, demerger, contract takeover
1. We may legally merge or demerge. If we do so, our legal successors may independently and each for the whole: a. exercise all rights and powers vis-à-vis you, and b. fulfill all our obligations to you.
2. We may transfer the legal relationship(s) with you and the (ancillary) rights that go with it to another person. This can be all or part of it. This is called contract transfer. You may not transfer your legal relationship with us.
3. In the event of contract takeover, our legal successors may independently and in their entirety:
a. exercise all rights and powers against you, and b. fulfill all our obligations to you.
4. By signing the agreement you already give us permission for contract takeover.
6.9 Amendment of the Terms and Conditions and/or the agreement
1. We may change, supplement and replace the Terms. We will let you know at least 30 days in advance. We may do this in writing and/or online.
2. If a provision in the agreement is not (or no longer) valid, we can replace it with another provision that is valid. The invalidity of a provision does not affect the other provisions in the agreement or the Terms.
3. We may agree with you that we will change parts of the agreement. If that is the case, then no new agreement is created.
6.10 Place of residence
1. For the agreement you choose residence at your address as stated in the agreement.
2. For the agreement, we choose domicile at our office in Utrecht, Croeselaan 18