Diamatix MSSP Acceptable Use Policy (AUP) – With EU Regulations

Diamatix is committed to complying with international, regional, and local laws, including European Union (EU) regulations governing the use of the Internet, email transmission, and data protection. This Acceptable Use Policy (“AUP”) ensures all Customers can use Diamatix’s managed security services without interference or harassment from other users, and in full compliance with the General Data Protection Regulation (GDPR) and other applicable EU laws.

By using Diamatix’s Managed Security Services (MSSP), Customers agree to comply with this AUP and remain responsible for their users. Diamatix reserves the right to change or modify the terms of the AUP at any time, effective when posted on the Diamatix website at www.diamatix.com/aup. Customer’s continued use of the MSSP services after changes to the AUP are posted will constitute acceptance of any changed or additional terms.

Scope of the AUP

This AUP applies to Diamatix services that provide access to the Internet, including but not limited to hosting services, security management services, monitoring, and any other services provided by Diamatix as part of its Managed Security Services. The policy extends to services provided within the European Union and subject to European regulations.

EU Regulations and Compliance

Diamatix ensures that all services offered comply with relevant EU regulations, including but not limited to:

1. General Data Protection Regulation (GDPR): Diamatix processes all customer data in compliance with the GDPR, ensuring the protection of personal data of individuals within the EU. Customers must ensure that their use of Diamatix services complies with GDPR principles, including but not limited to:

Lawful Processing: Personal data must be processed lawfully, fairly, and in a transparent manner in relation to the data subject.

Data Minimization: Customers must ensure that personal data collected is limited to what is necessary in relation to the purposes for which it is processed.

Right to Access and Deletion: Customers must respect the right of individuals to access their personal data and request its deletion (“right to be forgotten”), in accordance with GDPR Article 17.

2. Network and Information Security (NIS) Directive: Diamatix complies with the NIS Directive, which requires organizations providing essential services to implement appropriate security measures and notify authorities in the event of a cybersecurity incident. Customers using Diamatix’s services must ensure they have implemented the necessary security protocols to protect their information systems.

3. E-Privacy Directive (EU Cookie Law): Diamatix services must adhere to the EU E-Privacy Directive, which governs the use of cookies and electronic communications privacy. Customers utilizing Diamatix’s web services are required to comply with cookie usage consent rules and provide clear opt-in options for their end users.

4. EU Digital Services Act (DSA): Diamatix ensures compliance with the EU Digital Services Act, aimed at creating a safer digital space by protecting users from illegal content, ensuring transparent digital advertising, and maintaining transparency in platform operations. Customers may not use Diamatix’s services to distribute illegal content or advertisements that violate EU rules.

Prohibited Activities

General Prohibitions: Diamatix prohibits the use of its services in any way that is unlawful or interferes with the use of Diamatix’s network, systems, or services. This includes any violation of GDPR, the NIS Directive, the EU E-Privacy Directive, or the Digital Services Act, as well as the infringement of intellectual property rights or involvement in activities that could harm others.

Unlawful Activities: Diamatix services may not be used for any illegal activities, including but not limited to criminal, civil, or administrative violations of any local, national, or international law, treaty, regulation, or administrative rule, including those set by the EU.

Violation of Intellectual Property Rights: Customers must not use Diamatix services to infringe upon the intellectual property rights of others. The EU Intellectual Property Rights Enforcement Directive and other applicable EU laws protect these rights, and any breach will be considered a violation of this AUP.

Threatening Material or Content: Customers may not use Diamatix’s services to host, post, or transmit any material that harasses or threatens the health or safety of others. Content that violates the Digital Services Act or any applicable EU regulations will be removed, and appropriate action will be taken.

Inappropriate Interaction with Minors: Diamatix complies with all applicable EU laws regarding the protection of minors, including the distribution of content related to child exploitation.

Spam/E-mail Abuse: Violating the EU’s Privacy and Electronic Communications Directive regarding unsolicited communications is strictly prohibited. Customers must comply with all regulations related to consent, content of electronic communications, and opt-out mechanisms.

Security Violations

Customers are responsible for ensuring the security of their systems and maintaining necessary patches and updates. Diamatix services must not be used to gain unauthorized access to any system, engage in hacking, or distribute tools designed to compromise security. Security practices must align with the NIS Directive and other applicable EU cybersecurity laws.

Customer Responsibilities

Customers are solely responsible for the content they create, post, or transmit using Diamatix services. Diamatix takes no responsibility for third-party content accessible via its services. Customers are expected to promptly address any violations of this AUP and prevent future infractions.

AUP Enforcement and Notice

Failure to comply with this AUP, including violations of EU laws and regulations, may result in actions ranging from warnings to the suspension or termination of services. Diamatix reserves the right to act without notice in instances where the violation exposes Diamatix to legal risk, interferes with service integrity, or poses an imminent threat to the network or other customers.

Copyright Infringement

Diamatix respects the intellectual property rights of others and complies with the EU’s Copyright in the Digital Single Market Directive. Copyright violations using Diamatix services are prohibited, and repeat violations may result in the termination of services.

Incident Reporting

Violations of this AUP, including violations of EU laws, should be reported to abuse@diamatix.com. When reporting a violation, please include all relevant details, such as headers, IP addresses, and logs.

Diamatix reserves the right to modify this AUP to reflect changes in technology, law, or business operations. Continued use of the services constitutes acceptance of any changes to this policy.

For any questions or additional information, please contact Diamatix at support@diamatix.com.