General terms and conditions of use and sale of the MyTrusty service

Version October 2024

I. Definitions

For the purposes of these general terms and conditions of use and sale, we mean by:

Fintensy or the Provider: Fintensy SA/NV as the Provider of the MyTrusty Service.
MyTrusty: assessment tool used by Fintensy as the Provider of the Service.
Platform: the MyTrusty platform.
Service: completion, at the User’s request, of one or several Assessment(s) by Fintensy under these general terms and conditions.
Assessment: assessment of the payment behaviour of a person, carried out by Fintensy.
User: the natural or legal person, acting for private purposes or in the context of their professional activities, and wishing to use the Service for themself of for other persons (Candidates). When two Users act jointly, they are considered together as one User for the purposes of these general terms and conditions.
Candidate: the natural or legal person whose payment behaviour is assessed by Fintensy at the User’s request. When two persons are being assessed jointly, they are considered together as one Candidate for the purposes of these general terms and conditions.
Score: numerical result of the CandidateAssessment accompanied by various indicators.

II. General terms and conditions of use applicable to all Users

Article II.1. Scope

These general terms and conditions of use (hereinafter called the “GTCU”) apply to each visit or use of the MyTrusty Platform and its Service by a User.

When visiting or using the Platform, Users acknowledge being aware of these GTCU and expressly accept the rights and obligations mentioned therein.

Fintensy reserves the right to amend the GTCU at any time by means of notification to Users.

Article II.2. Registration and access to the Service

Access to the Service is conditioned upon the User’s registration on the Platform through creation of a User account.

Registration and access to the Service are exclusively reserved to natural persons of at least 18 years of age and with legal capacity, as well as validly-represented legal persons, who have filled in and validated the registration form available online on the Platform, and who have accepted these GTCU.

During their registration, the User undertakes to provide correct and current information related to their identity. The User must also provide a valid email address on which they will receive a confirmation email during their registration, which will be subsequently used for sending any communications linked to the Service.

Any communication addressed by the Platform or its partners to the User by means of this email address shall be deemed to have been received and read by the User.

The User will be identified on the Platform by means of their email address and a self-chosen password. This password can be changed online by the User. The password is personal and confidential. The User also undertakes not to divulge this password to any third party.

The User will also have the possibility to identify themself by means of an authenticated connection to the Itsme platform.

In any event, Fintensy reserves the right to refuse a registration application if the eligibility conditions are not met or in case of non-respect of the GTCU by the User.

Article II.3. Intellectual property

The various elements composing the Platform (structure, text, graphics, images, databases, computer applications, etc.) are the property of Fintensy and are protected as such by laws in force under intellectual property.

Any representation, reproduction, adaptation or exploitation, whether full or partial, of content, registered trademarks and services offered by the Platform, by any means whatsoever, with no prior express, written authorisation from Fintensy, is strictly forbidden, with the exception of those elements expressly designated as free of rights on the Platform.

The User will be granted a limited right to access and use the Platform and its content. This right is granted on a non-exclusive and non-transferable basis.

Article II.4. Protection of your personal data

Fintensy assures its Users that it attaches the utmost importance to the protection of their right to privacy and personal data, and that it always undertakes to communicate in a clear and transparent way on this matter.

The User’s personal data are processed in accordance with the Privacy Policy available on the MyTrusty site.

If a User notes any irregularity, they can freely contact the Belgian Data Protection Authority (DPA) or their local authority if they are resident of another country of the European Union. To contact the DPA, the User sends a letter – dated and signed – for the attention of the Data Protection Authority, Rue de la Presse 35, 1000 Brussels, stating their grievances, ensuring they attach any information to their letter that the APD may need in order to have an accurate picture of the situation.

Article II.5. General provisions

In the event of any breach of the GTCU by the User, Fintensy reserves the right to take appropriate sanction and remedial measures. In this event, Fintensy reserves in particular the right to refuse all access by the User to the Platform or to its Service, either on a temporarily or permanent basis, without being held liable in any way.

Total or partial nullity of any provision in these GTCU does not affect the validity of the other provisions.

III. General terms and conditions of sales applicable to the Assessments of Candidates

Article III.1. Scope

These general terms and conditions of sale (hereinafter called the GTCS) define the reciprocal rights and obligations of Fintensy and the User during the purchase of the Service by the User on the Platform.

They specifically apply to the situation where the User wishes to use the Service to have one or more other person(s) (Candidate(s)) assessed.

The User acknowledges being aware of these GTCS and accepts them without reserve.

Article III.2. Purpose of the Service

The purpose of the Service is to allow the User to assess the payment behaviour of one or more Candidate(s) based on the analysis of their bank transactions.

To do so, the User is asked to describe the project for which Candidates should be evaluated. The User undertakes to use the Assessment results (“Score”) solely for this purpose and in the context of the project in question, and not to use them for any other purposes.

Article III.3. Purchase of credits

In order to request the Service, the User must first fund their account by purchasing one or more credits using one of the payment methods offered. A credit allows the User to request one Evaluation.

Each credit is valid for one year and is non-refundable, without prejudice to article III.13.

Article III.4. Price

The price due by the User will be the price indicated when purchasing credits. This price is shown in Euro, inclusive of all taxes where applicable.

Article III.5. Payment

The User makes the payment when confirming the credits order by using one the payment method proposed. This payment is considered as a signature.

The Users guarantees Fintensy that they have the necessary authorisations to use the chosen payment method and acknowledges that the information given for this purpose constitutes proof of their consent to the purchase of credits and to the payment of the amounts due in this respect.

In the event where the payment authorisation by bank card is refused by the accredited organisations or in case of non-payment, Fintensy reserves the right to suspend or cancel the credits order.

Any claim regarding a payment must be addressed to Fintensy. These claims must be sent by registered letter. They may also be sent by email but must subsequently be confirmed by a registered letter that includes the same date. This claim must mention the date and payment reference.

Article III.6. Request of the Service

Access to the Service is conditioned upon the User’s registration on the Platform via creation of a User account and the presence of sufficient credits on this User account.

If the above conditions are met, the User can request an Assessment of one or several Candidate(s) via an online electronic form. To do so, the User is requested to enter the contact details of the Candidate(s) (name, surname(s), email address and phone number) they wish to have evaluated.

Article III.7. Confirmation and execution of the Service

Execution of the Service is conditioned upon (i) the presence of sufficient available credits on the User’s account, (ii) the registration of one or more Candidate(s) on the Platform and (iii) the consent of one or more of Candidates to the access and processing of their personal data, and in particular their bank data.

The Provider will carry out the requested Assessment upon reception of the data of the Candidate(s) and of the aforementioned consent.

However, the Provider will not communicate the Score of a Candidate to the User if the Candidate in question has not given their express consent for this Score to be shared with the User. The Score will be consultable directly on the Platform, from the User’s account.

One credit is deducted from the User's account as soon as the Service is executed, i.e. as soon as the Candidate's bank account(s) is (are) connected and the bank transactions have been analysed, even if the Candidate ultimately decides not to share their Score.

Communications, requests, payments and executions of the Service may be documented by means of computerised records, stored securely in the computer systems of Fintensy. Requests for the Service and payment confirmations are archived on a durable medium, available via the User’s account on the Platform, as evidence.

Article III.8. Records

Article III.9. Responsibilities of the Provider

The Provider carries out the Assessment for the User of the payment behaviour of one or more Candidates, preselected by the User. This Assessment generates an objective and comparable Score allowing the User to have a better idea of the payment behaviour of the Candidate(s).

The Assessment is based solely on financial data as collected in the context of the bank connection consented to by the Candidate (limited to 12 months). Fintensy undertakes no obligation of result and subsequently accepts no liability whatsoever in relation to the Score’s relevance, exhaustivity, topicality or exactitude.

The Assessment and the Score do not allow future unforeseeable events to be taken into account that may impact on the payment behaviour of the Candidate (e.g.: loss of employment, decrease in income, separation, illness, death, etc.).

Fintensy cannot, in any event, be held liable for any direct or indirect damage the User may be subject to because of error, omission or inaccuracy in the Score provided for their disposal. Moreover, Fintensy cannot be held responsible for any decision taken by the User or a third party on the basis of the Score.

Article III.10. Responsibilities of the User

The User undertakes to respect the purpose of the Service as described in Article III.2.

The User undertakes to obtain the consent from each Candidate to allow their contact details (name, surname(s), electronic address and phone number) to be shared with Fintensy, so that an email can be sent to them with the link for the creation of the Candidate account, which is necessary in order for the Assessment to be carried out.

Furthermore, being the subject of an Assessment is a voluntary act of the Candidate which requires a free and informed consent. Therefore, the User may under no circumstances compel a Candidate to submit to it if they refused.

Finally, the User recognises that each Candidate has the possibility to refuse that their Score is shared with the User. Therefore, the Provider cannot be held liable for situations it may not be able to disclose a Score to the User because the Candidate has withheld their consent. In these cases, the Service will be deemed to have been provided (execution of the Assessment), and payment of the price will subsequently be due (one credit will therefore be deducted).

Article III.11. Processing of personal data of the Candidates

As part of the request and execution of the Service, the Provider and User may collect, process and communicate to each other some of the personal data of the Candidates.

The purpose of this provision is to provide a framework for the collection, processing and communication of this data by the Provider and the User.

1. Definitions

Terms such as “Processing”, “Personal data” and “Data Controller”, have the significance given to them in the General Data Protection Regulation (2016/679/EU) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing the Directive 95/45/EC (hereinafter called the “General Data Protection Regulation”).

2. Legislation on data protection

The Provider and User undertake to respect all European or Belgian regulations, present or future, applicable to the processing of personal data, in particular the General Data Protection Regulation and the Belgian Act of 30 July 2018.

3. Data Controllers

The Provider and the User recognise and accept that they are acting as Data Controllers, each being responsible for their own part of the processing.

4. Purpose of the processing

When the User requests the Provider to invite a Candidate to be subject to an Assessment, the User transfers some personal data of this Candidate to the Provider, such as the surname, first name(s), email address and phone number.

The Provider will only process the data that is necessary for the provision of the Service and will also collect other data (the Candidate’s bank data) in order to carry out this Service. In this context, the Provider decides the processing methods independently.

Once the Service is executed, the Provider communicates, with the Candidate’s consent, the Assessment’s result (“Score”) to the User. The latter undertakes to process the Score solely in the context of the purpose of the Service, as described in Article III.2.

5. Security of the processing

The Provider and the User undertake to take appropriate technical and organisational measures to ensure that the processing of personal data is carried out in complete security, in accordance with the applicable regulation and the state of the art in this area.

These measures must ensure that the level of security is commensurate with the risks involved and the nature of the personal data. They must also take into account the nature, size, context and purpose of the processing, along with the probability and gravity of risk for the rights and liberties of the natural persons.

6. Rights of the Data Subjects

The Provider and the User undertake to allow Candidates to exercise their rights. These rights may include in particular the right to access, the right to rectification, the right of erasure, the right to restriction of processing, the right of portability of data and the right to object.

7. Confidentiality

As a trusted third party, the Provider undertakes to protect the personal data of the Candidates.

In this context, the User undertakes to use the Score obtained solely in the context of the project as described by themself and for which the Candidate accepted to be evaluated. Any other use of the Score by the User is strictly prohibited, along with any communication of the Score to third parties, with the possible exception of the third party by which it would have been mandated.

In this context, the User also undertakes to take all necessary measures to avoid the illicit circulation or use of the Score and to warn the Provider in the event it has been divulged to or used by third parties.

Article III.12. Force majeure

If Fintensy is prevented, either in whole or in part, from providing the Service because of unforeseen circumstances beyond its control, it is then a question of force majeure. A Candidate’s refusal to communicate their Score to the User is not considered as a force majeure.

In the event of force majeure, Fintensy is authorised to suspend the execution of the Service request, in full or in part, for the whole duration of the force majeure and with no liability whatsoever. The company will alert the User immediately.

If the force majeure persists for over 30 days, each Party will have the right to terminate the agreement unilaterally by means of a registered letter. If Fintensy has not executed the requested Service yet, any payments already made by the User will be fully refunded. However, if Fintensy partially executed the requested Service, any payments already made by the User will be refunded on a pro-rata basis.

Article III.13. Right of withdrawal applicable to a User acting for private purposes

In accordance with Article VI.47 of the Code of Economic Law, a User who is acting for private purposes has a period of 14 days to withdraw from the agreement with the Provider, with no obligation to justify their decision. This 14-day period starts from the day the agreement is concluded, i.e. the date of the confirmation of the payment due for the purchase of the credits.

In order to exercise their right to withdrawal, the User notifies their decision to the Provider by registered letter. The User can also send a copy of the registered letter by email to support@mytrusty.eu. To do so, Fintensy provides a withdrawal form template (attached to these GTCS).

Withdrawal from the agreement automatically entails the termination of any other ancillary agreements.

If, at the time the User makes use of their right to withdrawal, they have already made payments to the Provider, the latter must refund them within 14 days from the date it has become aware of the User’s decision.

In accordance with Article VI.53 of the Code of Economic Law, the User can no longer use their right to withdrawal when the service has been fully executed (e.g.: the Assessment of the Candidate(s) has been carried out). By requesting the execution of the Service, the User expressly acknowledges that they will thereby lose their right of withdrawal.

Article III.14. Termination

In the event one of the parties fails to fulfil its obligations, the other party is entitled to terminate the agreement. Termination will take effect 5 days after a formal notice has been sent but has remained without effect.

In the event of termination, if Fintensy has not yet performed the requested Service, any payments already made by the User will be fully refunded. If, however, the Service has been partially executed, the payments made by the User will be refunded on a pro-rata basis.

Article III.15. Independence of the clauses

Total or partial illegality or nullity of any provision of these GTCU shall have no impact on the validity or application of the other clauses.

IV. General terms and conditions of sales applicable to personal Assessments

Article IV.1. Scope

They specifically apply to the situation where the User wishes to use the Service to have themself assessed.

The User acknowledges being aware of these GTCS and accepts them without reserve.

Article IV.2. Purpose of the Service

The purpose of the Service is to allow the User, by generating an objective and comparable Score, to assess their own financial health on the basis of an analysis of their bank transactions.

Article IV.3. Price

The price due by the User will be the price indicated when requesting the Service. This price is shown in Euro, inclusive of all taxes where applicable.

Article IV.4. Request of the Service

Access to the Service is conditioned upon the User’s registration on the Platform via creation of a User account.

Once their account is created, the User can then request an Assessment for themself via an online electronic form.

Article IV.5. Confirmation and execution of the Service

Once the Evaluation request has been confirmed, Fintensy will request specific authorisation from the User to establish a connection between Fintensy and the User's bank account to collect the data that is necessary to carry out the Evaluation.

Once the connection has been established, the Service Provider then carries out the Assessment and communicates their Score to the User directly on the Platform. If the User wishes to download the result of the Assessment on a certified durable medium (PDF with the Provider's qualified signature), the User is invited to proceed with the payment.

Article IV.6. Payment

The User makes the payment in order to be able to download the result of the Assessment on a certified durable medium. This payment is considered as a signature.

In the event where the payment authorisation by bank card is refused by the accredited organisations or in case of non-payment, Fintensy reserves the right to suspend or cancel the request to download the Score on a certified durable medium.

Article IV.7. Records

Article IV.8. Responsibilities of the Provider

The Provider carries out the Assessment for the User of their payment behaviour. This Assessment generates an objective and comparable Score.

The Assessment is based solely on financial data as collected in the context of the bank connection (limited to 12 months). Fintensy undertakes no obligation of result and subsequently accepts no liability whatsoever in relation to the Score’s relevance, exhaustivity, topicality or exactitude.

The Assessment and the Score do not allow future unforeseeable events to be taken into account that may impact on the payment behaviour (e.g.: loss of employment, decrease in income, separation, illness, death, etc.).

Article IV.9. Responsibilities of the User

The User undertakes to respect the purpose of the Service as described in Article IV.2.

Once the Score and the certified durable medium have been communicated to the User, the User is solely responsible for any subsequent use they will make of them.

Article IV.10. Force majeure

If Fintensy is prevented, either in whole or in part, from providing the Service because of unforeseen circumstances beyond its control, it is then a question of force majeure.

Article IV.11. Absence of right of withdrawal

In accordance with Article VI.47 of the Code of Economic Law, a User who is acting for private purposes has, in principle, a period of 14 days to withdraw from the agreement with the Provider, with no obligation to justify their decision. This 14-day period starts from the day the agreement is concluded.

However, in accordance with Article VI.53 of the Code of Economic Law, the User can no longer use their right to withdrawal when the service has been fully executed (e.g.: the Assessment has been carried out). Given that the Service is provided immediately after being requested by the User, the User expressly acknowledges that they have no right of withdrawal in the context of the Service.

Article IV.12. Termination

In the event of termination, if Fintensy has not yet performed the requested Service, any payments already made by the User will be fully refunded.

Article IV.13. Independence of the clauses

Total or partial illegality or nullity of any provision of these GTCU shall have no impact on the validity or application of the other clauses.

V. Law applicable, claims and disputes

Without prejudice to the applicable provisions, this Agreement is governed by Belgian law. If the User or the Candidate is a consumer whose habitual residence is in another country of the European Union, they also benefit from the protection provided by the mandatory provisions of the law of their country of residence.

Without prejudice to the User’s right to institute legal proceedings, any claim relating to the agreement concluded may be addressed by the User, by post or email, to the Provider’s complaint handling service to the following address:

Complaint service MyTrusty,

Chemin du Stocquoy 1, 1300 Wavre

Tel.: +32 (0)2 808 48

Email: contact@mytrusty.eu

Information regarding this service may be obtained via the Provider’s website. The Provider’s complaint handling service acknowledges receipt of the claim within 5 working days following its receipt. Provided that the claim is clear and complete, the Provider will try to offer a first response within 1 month following receipt. If the Provider is unable to respect this timeframe, it will quickly inform the User (for example, if the question is complex or if the Provider does not have relevant information in their possession).

If no satisfactory response was obtained, the User acting for private purposes can also contact one of the following instances :

SPF Economie, P.M.E. Classes moyennes et Energie (FPS Economy, SMEs, Self-Employed and Energy)

Directorate-General forEconomic Inspection

Services centraux – Front Office

NG III, 3rd floor

16 Boulevard Roi Albert II,

1000 Brussels

Tel.: 02 277 54 85

Fax: 02 277 54 52

Email: eco.inspec.fo@economie.fgov.be

https://economie.fgov.be/fr/propos-du-spf/ou-et-comment-signaler-un

Service de médiation des consommateurs (Consumer mediation services)

SPF Economie, P.M.E., Classes moyennes et Energie (FPS Economy, SMEs, Self-Employed and Energy)
Contact Centre

Rue du Progrès, 50
1210 Brussels

Tel. (freephone): 0800 120 33
From abroad: +32 800 120 33

Fax (freephone) : 0800 120 57
From abroad: +32 800 120 57

https://economie.fgov.be/fr/themes/line/belmed-mediation-en-ligne/reglement-alternatif-de/sortes-de-reglements-des/personnes-et-services-de/partenaires-belmed-ombudsman/service-de-mediation-pour-le

European Online Dispute Resolution Platform (ODR Platform)

https://webgate.ec.europa.eu/odr

Without prejudice to the applicable provisions, any disagreement between the User or the Candidate and the Provider that could not be resolved amicably falls under the jurisdiction of the courts of Belgium. However, if the User or Candidate is a consumer whose habitual residence is in another country of the European Union, they may file a claim to enforce their rights either before the courts of Belgium or before the courts of their country of residence. Under the same conditions, the Provider is only entitled to file its claim before the courts of the country of residence of the User or Candidate.

Appendix : Withdrawal form template