DigiCare

Restitution Services

Definitions:

Legal Costs
The costs we will pay to qualified legal experts of our choosing to provide you with confidential legal advice and or representation with regards to assessing the legal remedies you may have and steps you may take in response to covered events. It does not include legal advice about this policy.

Covered Events
The events wherein we will take the necessary legal action to protect and secure your legal rights. Your infringed rights that we will protect must be related to the fraudulent use of your identity following an identity theft; a cyberbullying, cyberstalking and cyberharassment incident / act. The following action will be taken, namely:

• Defend you in civil proceedings being entered against you, where you are not aware of the civil proceedings;
• Rescind a judgment being entered against you, where you are not aware of it;
• Assist to sought relief for a negative consumer credit report in your name;
• Assist to sought relief for the unauthorised establishment of credit in your name;
• Arrange for obtaining an intervention (restraining) order;
• Institute legal action for reputational damages as a result of cyberharassment and harmful publication;
• Mitigating a cyberbullying / cyberstalking incidence;
• Recover financial losses i.e. the difference between your total losses minus insurance / financial institution pay-out / recovery. In this instance the prospects of success must be at least 51% in order for us to pursue the perpetrator. If the funds are recovered and paid into your own account you must, as soon as possible, advise us and repay to us the funds recovered. The jurisdiction to pursue is globally.

Panel of Practitioners
Our team of knowledgeable, experienced and registered experts who will act on your behalf.

Cyberbullying
The tormenting, harassing, humiliating, embarrassing or otherwise targeting of a child, preteen or teen (up to and including 19 years of age) by another person, as evidenced by electronic communication for example, using the internet or a mobile phone to hurt, name calling, excluding or ignoring someone, tricking or humiliating through fake accounts, or sharing a photo or video that will make the victim feel bad. Threatening to share an intimate image without the consent of the person in it (a naked selfie), is called image-based abuse. These abusive actions may lead to self- harm, suicidal thoughts, emotional volatility refusal or inability to attend school or participate in usual organised extracurricular activities, or the withdrawal or resignation from these.

Cyberstalking
An act in the giving, sending, transmitting or publishing of offensive material via phone and web technology, or any other acts that could reasonably be expected to arouse the other person’s apprehension or fear by unwanted and persistent tracking of your whereabouts, monitoring of your communications or activities or the ongoing receipt of targeted emails, texts, messages, phone or video calls or other material with threatening effect.

Cyberharassment
A specific threat by a third party to publish on the internet information or material about you or involving you that has the potential to damage your reputation where the information or material was obtained by a third party as a result of a cyber event.

Assistance Process:

• Provide telephonic legal advice on how to file a complaint with a utility provider / police and law enforcement to resolve infringed rights.
  
  
• Conduct resolution of the dispute resolution (mediation) via virtual meetings with the victim / parent / child minder.
  
  
• Provide psychological assistance via virtual meeting with the victim / parent / child minder.
  
  
• Appoint a panel of experts to obtain information and evidence in order to build the case.
  
  
• Provide intervention order (Prevention of Abuse) Act 2009 assistance when the victim has been cyberbullied, stalked or harassed.
  
  
• Restitution court action against the perpetrator to claim damages, compensation and financial losses.
  
  
• Defend the victim in the unlikely event that the victim is arrested and detained for illegal acts committed by the perpetrator as a result of identity theft.
  
  
• Rescission of judgements attendance to clear the victim’s credit record.
  
  
• Arrange for bail with the prosecuting authorities.

• Provide bail money of R5 000 if the victim is unlawfully arrested and detained for an illegal act committed by the perpetrator.
  
  
• Provide bail hearing representation.
  

Claims Process:

Identity Theft:

This process starts by receiving data and information from the insurer / tech stack team / authorities / utility providers / victim in order to:

• Assess the breach and to track data sources and origin.
  
  
• Scrutinise data and information to hunt down and track the perpetrator, and to establish the perpetrator’s address of operation and modus operandi.
  
  
• Identify the impersonating data and to obtain evidence to build the case and finalise reports.
  
  
• Engage with credit bureaus on the status of the victim’s credit profile and to query any additional adverse reports.
  
  
• Institute legal action on behalf of the victim against the perpetrator / utility provider to sue for financial losses, pain, suffering and reputational damages.
  
  
• Defend the victim in a criminal bail hearing when wrongfully accused of fraud charges, and provide bail money.
  
  
• Defend the victim in a civil court when wrongfully accused for debt as a result of the identity theft.
  
  
• Rescind any wrongful judgement taken against the victim as a result of the identity theft.

Cyberbullying / Cyberstalking / Cyberharassment

The process starts by receiving data and information on the rude comments / posts from the victim / parent / child minder / peer / teacher / cybercrime team in order to:

• Annalise and assess the screenshots and recordings of the unsolicited message / threatening text or call, or photo or video uploads on the internet without the victim’s permission.
  
  
• Assess the feelings of hurt, sadness, or anger, which may lead to feelings of depression, anxiety, or self-esteem issues and put the victim in contact with a phycologist counsellor.
  
  
• Advise on ways to eliminate the ongoing action through blocking the perpetrator on social platforms, changing a phone number and / or e-mail address and or privacy settings and or refrain from making any further comments and or provide less personal information.
  
  
• Obtain information of the perpetrator.
  
  
• Involve the police and law enforcement agencies to obtain a protection / intervention order.

How to Claim:

• Step 1:
  Contact us to lodge an intent to claim as soon as possible after the incident but within 30 (thirty) days of the discovery. The sooner the victim notifies the insurer / tech stack services the quicker there can be assistance.
  
  
• Step 2:
  We will need to verify that the victim’s Insurance premium / tech stack services is active, paid-up and valid.
  
  
• Step 3:
  In order to process the claim, we may request some documentation to verify the claim which we will obtain from the insurer / tech stack services / victim. Any cost associated with obtaining the required documentation will not be covered by us.
  
  
• Step 4:
  The documentation the victim will need to provide us which include, but are not limited to, the police report and case number, name and contact details of the investigating officer, name and details of the cyberbully / cyberstalker / harasser if available, photographs, videos, screenshots, messages and recordings etc.
  
  
• Step 5:
  Inform the insurer / tech stack services when you become aware of any possible prosecution, legal proceedings or claim that could be lodged against you as a result of the cybercrime incident.