Coordinated Vulnerability Disclosure Policy

Name: Nomeo BV

Address/Registered Office: Oud-hoflaan 42 BE 9080 Lochristi

Company Registration Number (Crossroads Bank for Enterprises - CBE): 0840 413 344

Represented by: Bert Van Pottelberghe

Hereafter referred to as the "organization"

1. Policy scope

Because of the desire to improve the performance and security of our websites, our organisation has decided to implement a coordinated vulnerability disclosure policy. This enables outside participants who have good intentions to identify possible vulnerabilities and/or provide our organisation with useful information.

Access to our organisation websites’ IT systems within the framework of this policy is granted only to persons whose intention is to improve their security, to inform us of existing vulnerabilities, and in strict compliance with the other conditions set out in this document.

Our policy relates to security vulnerabilities that could be abused by third parties or interfere with the proper functioning of our products, services, network or IT systems.

Participants are also authorised to attempt to enter IT data into the IT system concerned, subject to the purposes and conditions of this policy.

List of the products, services or websites within the scope of this policy:

• https://www.nomeo.be
• https://my.nomeo.com
• https://login.nomeo.com
• https://api.nomeo.com
• https://cloudemail.be

Systems dependent on third parties are outside the scope of this policy, unless these third parties explicitly agree in advance to these rules.

• All shared hosting plans, servers and services set up for our clients
• Domain availability service
• Whois

The participant's investigation into IT systems not expressly covered by this policy may result in legal action against that participant.

2. Mutual Obligations of the Parties

A. Proportionality

Participants undertake to comply strictly with the principle of proportionality in all their activities, i.e. not to disrupt the availability of the services provided by the system and not to exploit vulnerabilities beyond what is strictly necessary to demonstrate the security issue. Their approach must remain proportionate: if the safety problem has been demonstrated on a small scale, no further action should be taken.

Our policy is not intended to facilitate the deliberate acquisition of the content of IT, communication or personal data, and any such acquisition should only occur incidentally in the course of vulnerability detection.

B. Actions that are not allowed

Participants are not permitted to take the following actions:

• Any actions that may cause temporary or permanent damage (including but not limited to direct or indirect financial damage, property damage, reputational damage, loss of revenue, loss of working hours, etc.) to our organisation or to the relationships of our organisation (customers, suppliers, employees, directors, etc.);
• Copying or altering data from the IT system or deleting data from that system;
• Altering the parameters of the IT system;
• Installing malware: viruses, worms, Trojan horses, etc.;
• Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks;
• Social engineering attacks;
• Phishing attacks;
• Spamming;
• Password theft or brute force attacks;
• Installing a device to intercept, store, or access non-public or electronic communications;
• Intentionally intercepting, storing, or accessing non-public or electronic communications;
• Intentionally using, maintaining, communicating, or distributing the content of non-public communications or data from an IT system that the participant should reasonably have known was obtained unlawfully.

Should the participant require assistance from a third party to conduct their investigation, they must ensure that the third party is aware of this policy in advance and agrees to comply with its terms and conditions when providing assistance.

C. Confidentiality

Under no circumstances may participants share any information collected under this policy without our prior and express consent with third parties or disseminate this information to third parties.

Nor is it permitted to communicate IT data, communication data or personal data to third parties or to distribute this data to third parties.

However, if the vulnerability may also affect other organisations in Belgium, the participant or the responsible organisation may report this to the CCB (vulnerabilityreport@cert.be).

D. Bona fide execution

Our organisation undertakes to implement this policy in good faith and not to bring civil or criminal proceedings against any participant who strictly complies with its terms and conditions and who has not intentionally caused harm to the IT systems concerned.

Participants must not possess any fraudulent intent, intent to harm, or desire to exploit or damage the visited system or its data. This also applies to third-party systems in Belgium or abroad.

Should any participant have uncertainties regarding the interpretation of any clause within this policy, they are required to seek clarification from our designated point of contact and adhere to the written response provided.

E. Processing of personal data

A Coordinated Vulnerability Disclosure Policy (CVDP) is not intended for the intentional processing of personal data. However, it is possible that the participant, even incidentally, may need to process personal data in the course of their vulnerability research.

The processing of personal data has a broad meaning and includes, in particular, the storage, alteration, retrieval, consultation, use, or disclosure of any data concerning an identified or identifiable natural person. The "identifiable" nature of the person does not depend on the mere intention of the data processor to identify, but on the possibility of identifying the person, directly or indirectly, using this data (e.g., an email address, identification number, online identifier, IP address, or location data).

Thus, it is possible that the participant may process personal data to a limited extent. When processing such data, the participant undertakes to comply with the legal obligations regarding the protection of personal data¹ and the terms of this policy, specifically:

• The participant undertakes to process personal data only according to the instructions of our organisation, as set out in this policy, and exclusively for the purpose of detecting vulnerabilities in our organisation's systems, equipment, or products. Any processing of personal data for any other purpose is prohibited.
• The participant undertakes to limit the processing of personal data to what is necessary for the detection of vulnerabilities.
• The participant ensures that persons authorised to process personal data have committed themselves to confidentiality or are bound by an appropriate legal obligation of confidentiality.
• The participant shall take appropriate technical and organisational measures to ensure a level of security appropriate to the risk (e.g., encryption). The participant declares that they understand the risks associated with the implementation of this policy and that they have the necessary expertise and experience to test our organisation's systems, equipment, and products safely and in accordance with applicable laws and regulations.
• The participant undertakes to assist us, as far as possible and considering the nature of the processing and the information available to them, in the fulfilment of our obligations regarding the exercise of data subject rights, the security of processing, and any potential impact assessments.
• The participant undertakes to inform us as soon as possible, upon becoming aware of any potential personal data breach² , at the address [to be filled in by the responsible organisation].
• The participant shall not retain any processed personal data for longer than necessary. During this period, the participant must ensure that this data is retained with a level of security appropriate to the risks (preferably encrypted). Upon completion of participation in the policy, this data must be deleted immediately.
• The participant undertakes to maintain a record of the categories of processing activities carried out on behalf of our organisation. This record shall include, in particular, a description of the security measures they have taken, in accordance with Article 30(2) of the GDPR.

¹ Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR)

² A "personal data breach" is a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data.

The participant may engage a third party for their research. They must ensure that the third party is aware of this policy in advance and agrees to comply with its terms and conditions

The participant may engage a third party for their research. They must ensure that the third party is aware of this policy in advance and agrees to comply with its terms and conditions including confidentiality and the implementation of appropriate security measures. The participant acknowledges that they remain fully liable to our organisation if the third party they engage fails to comply with their data protection obligations.

If the participant processes personal data stored and/or otherwise processed by our organisation in a manner that is inconsistent with this policy or for purposes other than detecting potential vulnerabilities in our organisation's systems, products, and equipment, they acknowledge that they will be considered a data controller and will be fully liable for the processing they have carried out accordingly.

3. How to report security vulnerabilities

A. Point of contact

You must send the information discovered only to the following email address: support@nomeo.be

You can also contact the department or person responsible for the policy at the following telephone number: +32 9 3952390

We request that you use secure communication methods, where possible, for the transmission of personal data or confidential information.

B. Information to be provided

Please send us the related information as soon as possible after your discovery.

• Full name
• Email address
• Phone number
• Description of the vulnerability
• Type of vulnerability
• Configuration details (if applicable)
• Operating system and/or browsers (if applicable)
• Tools used (if applicable)
• Operations performed (logs)
• Dates and times of the tests
• IP address or URL of the system concerned
• If personal data is processed:
  • Types of personal data accessed/processed
  • Categories of data subjects (customer, employee, supplier)
  • Transfer of data to/access from a country outside the European Union or European Economic Area. If so:
  • Specify the country/countries involved
• Any other relevant information
• Attachments (screenshots)

4. Procedure

A.Discovery

Upon discovering information about a potential vulnerability, the participant must, where feasible, conduct preliminary checks to confirm the existence of the vulnerability and identify any potential risks.

B. Notification

Participants undertake to notify the contact point or the coordinator referred to in point 3A of this policy as soon as possible about information on any vulnerabilities. Participants must use the secure means of communication mentioned.

After receiving a notification, our organisation undertakes to send the participant a confirmation of receipt, within a reasonable period of time, containing its internal reference number, a reminder of the obligation of confidentiality and the next steps in the procedure.

C. Communication

The parties undertake to do their utmost to ensure permanent and effective communication. After all, the information provided by participants may be very useful in identifying a vulnerability and resolving it.

If a response from either party to the CVDP is not received within a reasonable timeframe, the parties may refer to the Centre for Cybersecurity Belgium (CCB) (vulnerabilityreport@cert.be) as the (default) coordinator.

D. Analysis

During the analysis phase, our organisation will reproduce the environment and the vulnerability identified, to check the information provided.

Our organisation undertakes to keep participants regularly informed of the results of its analysis and of the action taken based on their notification.

In the course of this program, parties are required to link to similar or related notifications, assess the risk and severity of the vulnerability and to identify any other affected products or systems.

E. Developing a solution

The purpose of this disclosure policy is to facilitate the development of a solution to eliminate the vulnerability from the IT system before any damage occurs.

Taking into account the state of the art, implementation costs, the severity of risks to users, and technical limitations, our organisation will endeavour to develop a solution within 90 calendar days.

During this phase, our organisation and its partners commit to conducting positive tests to verify the proper functioning of the solution, and negative tests to ensure that the solution does not disrupt the proper functioning of other existing features.

F. Possible publication

Our organisation, in consultation with the participant, will decide how the existence of the vulnerability may be publicly disclosed. This public disclosure may occur no earlier than simultaneously with the implementation of a solution and the distribution of a security notice to users.

If a vulnerability also affects other organisations, the responsible organisation must report this to the Centre for Cybersecurity Belgium (CCB) (vulnerabilityreport@cert.be), even if they do not wish the vulnerability to be publicly disclosed.

Our organisation also commits to collecting user feedback on the implementation of the solution and to taking the necessary corrective actions to address any issues caused by the solution, including those related to compatibility with other products or services.

Applicable law

Belgian law applies to disputes related to the implementation of this policy.

Duration

This policy shall be effective from 1 July 2024 until such time as it is amended or repealed by our organisation. Any amendments or repeals shall be published on our organisation's website and shall automatically enter into effect 30 days after their publication.

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Appendix I: Vulnerability Reporting Form

Please provide us with sufficient information to reproduce the issue and resolve it as quickly as possible.

We request that you provide us with at least the following relevant information:

• Full name
• Email address
• Phone number
• Description of vulnerability
• Configuration details (if applicable)
• Operating system and/or browsers (if applicable)
• Tools used (if applicable)
• Operations performed (logs)
• Dates and times of the tests
• IP address or URL of the system concerned
• If personal data is processed:
  • Types of personal data accessed/processed
  • Categories of data subjects (customer, employee, supplier)
  • Transfer of data to/access from a country outside the European Union or European Economic Area. If so:
    • Specify the country/countries involved
• Any other relevant information
• Attachments (screenshots)

What do we do with your personal data?

We kindly ask you to read our personal data protection policy.

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Appendix II – STANDARD CONTRACTUAL CLAUSES (PROCESSORS)

For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection.

Name of the data exporting organisation:

Address:

Tel. ; fax ; e-mail:

Other information needed to identify the organisation:

(the data exporter)

And

Name of the data exporting organisation:

Address:

Tel. ; fax ; e-mail:

Other information needed to identify the organisation:

(the data importer)

each a ‘party’; together ‘the parties’,

HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.

Clause 1

Definitions

For the purposes of the Clauses:

(a) ‘personal data’, ‘special categories of data’, ‘process/processing’, ‘controller’, ‘processor’, ‘data subject’ and ‘supervisory authority’ shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ( 1);

(b) ‘the data exporter’ means the controller who transfers the personal data;

(c) ‘the data importer’ means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country’s system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;

(d) ‘the sub-processor’ means any processor engaged by the data importer or by any other sub-processor of the data importer who agrees to receive from the data importer or from any other sub-processor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;

(e) ‘the applicable data protection law’ means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established;

(f) ‘technical and organisational security measures’ means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.

Clause 2

Details of the transfer

The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.

Clause 3

Third-party beneficiary clause

1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiary.

2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity.

3. The data subject can enforce against the sub-processor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses.

4. The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law.

Clause 4

Obligations of the data exporter

The data exporter agrees and warrants:

(a) that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;

(b) that it has instructed and throughout the duration of the personal data-processing services will instruct the data importer to process the personal data transferred only on the data exporter’s behalf and in accordance with the applicable data protection law and the Clauses;

(c) that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Appendix 2 to this contract;

(d) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;

(e) that it will ensure compliance with the security measures;

(f) that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;

(g) to forward any notification received from the data importer or any sub-processor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;

(h) to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for sub-processing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information;

(i) that, in the event of sub-processing, the processing activity is carried out in accordance with Clause 11 by a sub-processor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and

(j) that it will ensure compliance with Clause 4(a) to (i).

Clause 5

Obligations of the data importer(2)

The data importer agrees and warrants:

(a) to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;

(b) that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;

(c) that it has implemented the technical and organisational security measures specified in Appendix 2 before processing the personal data transferred;

(d) that it will promptly notify the data exporter about:

• (i) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation;
• (ii) any accidental or unauthorised access; and
• (iii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;

(e) to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;

(f) at the request of the data exporter to submit its data-processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;

(g) to make available to the data subject upon request a copy of the Clauses, or any existing contract for sub-processing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter;

(h) that, in the event of sub-processing, it has previously informed the data exporter and obtained its prior written consent;

(i) that the processing services by the sub-processor will be carried out in accordance with Clause 11;

(j) to send promptly a copy of any sub-processor agreement it concludes under the Clauses to the data exporter.

Clause 6

Liability

1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or sub-processor is entitled to receive compensation from the data exporter for the damage suffered.

2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his sub-processor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The data importer may not rely on a breach by a sub-processor of its obligations in order to avoid its own liabilities.

3. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the sub-processor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the sub-processor agrees that the data subject may issue a claim against the data sub-processor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the sub-processor shall be limited to its own processing operations under the Clauses.

Clause 7

Mediation and jurisdiction

1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:

• (a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;
• (b) to refer the dispute to the courts in the Member State in which the data exporter is established.

2. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.

Clause 8

Cooperation with supervisory authorities

1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law.

2. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any sub-processor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law.

3. The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any sub-processor preventing the conduct of an audit of the data importer, or any sub-processor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5(b).

Clause 9

Governing law

The Clauses shall be governed by the law of the Member State in which the data exporter is established, namely …

Clause 10

Variation of the contract

The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.

Clause 11

Sub-processing

1. The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the sub-processor which imposes the same obligations on the sub-processor as are imposed on the data importer under the Clauses (3). Where the sub-processor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the sub-processor’s obligations under such agreement.

2. The prior written contract between the data importer and the sub-processor shall also provide for a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses.

3. The provisions relating to data protection aspects for sub-processing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established, namely …

4. The data exporter shall keep a list of sub-processing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5(j), which shall be updated at least once a year. The list shall be available to the data exporter’s data protection supervisory authority.

Clause 12

Obligation after the termination of personal data-processing services

1. The parties agree that on the termination of the provision of data-processing services, the data importer and the sub-processor shall, at the choice of the data exporter, return all the personal data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore.

2. The data importer and the sub-processor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data-processing facilities for an audit of the measures referred to in paragraph 1.