General Terms and Conditions

1. DEFINITIONS

  • “RISKMS” or “Provider”

RISK MANAGEMENT SOLUTIONS S.L.U.

  • “Registered User” or “Client”

Entities that have contracted a search pack, and receive the provision of services by RISKMS for the use of AMLcheck, which includes the information from Dow Jones.

  • “Authorized User”

Persons authorized by the Client, who in any case must respect these terms and conditions (employees, third parties, etc.).

  • “Trial User”

Users to whom RISKMS has granted a specific access permit of limited duration to get to know the functioning of the product, provided that they expressly accept these terms and conditions.

  • “User”

Registered users, authorized users and/or test users, according to the context provided in these terms and conditions.

  • “General Conditions”

General terms and conditions of business governing this contractual relationship between the parties.

  • “Software AMLcheck” or “AMLcheck”

Tool or software owned by RISK MANAGEMENT SOLUTIONS S.L.U, Calle Ochandiano nº8, 28023 (Madrid), which allows the access and performance of the offered searches.

  • “DowJones”

Factiva Limited is a company that provides RISKMS with different information and databases necessary (Dow Jones Information) for the functioning of the Product.

2. IDENTIFICATION

  • Owner: RISK MANAGEMENT SOLUTIONS S.L.U. (hereinafter “RISKMS” or the “Owner”).
  • C.I.F.: B-86482361.
  • Registered Address: Calle Ochandiano nº8, 28023 (Madrid).
  • Registration Data: Registro Mercantil de Madrid, tomo 29994; folio 141; hoja M-539810; inscripción 1; diario 3; asiento 138.
  • E-mail: info@riskms.es.
  • Telephone: 918 29 47 99.

3. OBJECT

This document establishes the general contracting conditions (hereinafter, the “General Conditions“) that will regulate the acquisition by the users of any of the products and/or services offered through the RISKMS website (hereinafter, the “Website“), located at https://www.amlcheck.es.

Any circumstance that has not expressly regulated in these General Conditions shall be deemed as reserved to RISKMS, provided that the application of the provisions of current legislation is observed.

Furthermore, RISKMS reserves the right to carry out modifications and/or updates to the General Conditions of which the client will be previously informed for his acceptance or rejection when such modifications are considered. In any case, it will be considered that the user expressly accepts such modifications or updates the services offered by RISKMS through the Website are contracted again.

In the event that they are accepted by the user (hereinafter, the “User“), the new General Conditions will fully replace the current conditions to that time, in which will begin to be effective the accepted conditions for the new contract performed by the User, from the date of acceptance of the new General Conditions.

The checking of the corresponding box in the contracting process, as well as the fact of following all the steps of such process, indicates the express acceptance of the User to the present General Conditions, having the same validity as the on-site signature of such. In this way, the User recognizes to have sufficient capacity to assume the obligations derived from the actions in the Website, which it has previously read and understands its content.

The products and/or services offered through this Website are aimed at companies that are subject to the Law on the Prevention of Money Laundering and the Financing of Terrorism, as well as those that incorporate in their contracting processes the verification of regulatory compliance of third parties. The Client’s legal representatives must be duly and legally authorized to subscribe this contract.

The entire contracting process will be carried out in Spanish, English or French.

4. ELECTRONIC CONTRACTING

In accordance with the provisions of Article 23 of the Law 34/2002, of 11 July, on information society services and electronic commerce, contracts subscribed by electronic means will produce all the effects established by the legal system, when the consent and other requirements necessary for their validity are met.

In any event, the electronic media on which these General Conditions are stored by electronic means, shall be admissible as documentary evidence in the event of a dispute between the parties.

For these purposes, it shall be understood that the monitoring of all phases of the purchase process and, where applicable, the payment of the corresponding economic amount necessarily implies the provision of the consent required for contracting.

Similarly, and in accordance with the provisions of Article 27 of Law 34/2002, on information society services and electronic commerce, prior to the start of the contracting procedure, all information relating to it is made available to users, which will only apply if the user decides to proceed with the contract through the Website.

  • Preliminary Information

The Website is intended for the sale of searches through the use of the AMLcheck software, to which the access is granted, and which allows to manually enter a name of person or entity and check, at the time, its coincidence or not with the names contained in the database of suspected subjects (official lists of sanctions, terrorism, organized crime or Politically Exposed Persons, hereinafter, PEPs). In addition, it allows you to download search evidence for future checks and audits (hereinafter, the “Products”). The Products may be contracted by users in accordance with the provisions of these General Conditions.

The access to the contracting process is completely free of charge, with no additional costs different to those arising from the provision of Internet connection by the User and those related to the acquisition of the search pack.

The Products offered by RISKMS are perfectly described in the Website, being understood as not included any if characteristics that has not been expressly indicated. However, RISKMS will ensure that their description is as similar as possible to reality.

RISKMS, as a provider of an information society service, will provide the electronic document in which this contract is formalized. This electronic document will be accessible to the User in two moments; first, by means of the link that will be provided, from where the user will be able to download and print it and where the present General Conditions will be included; second, attached to the communication in which the access codes to AMLcheck are sent to him.

RISKMS shall implement adequate and sufficient technical means to identify and correct the technical errors in the management of information as soon as it becomes its responsibility.

All communications with the User by RISKMS shall be made electronically.

  • Contracting Procedure

The complete procedure to be followed by all users who intend to contract the Products offered by RISKMS through the Website shall be as follows:

  • Once the RISKMS Website is accessed, the Users must select the search pack that best suit their needs, and proceed to purchase it by selecting the “Add to cart” button. It is important that the User reviews the descriptions of the search pack, as well as conditions, deadlines and final prices.
  • The search packs that the User has selected, may be eliminated from the purchase cart if the User no longer wishes to acquire a part of the selected packs or all of them. If, on the other hand, the user wishes to continue with the purchase process, all the phases of the electronic contracting procedure must be completed with the inclusion of all the requested data and the acceptance of the purchase by selecting the “Buy” button. The payment method will be by made by a bank transfer, unless RISKMS enables an alternative method of payment and the Users can choose between the option that best suits them or they desired.
  • After this, the User must read and check the corresponding box relating to the acceptance of these General Conditions, as well as the Privacy Policy. The completion of the order process will be concluded by selecting the “Place Order” button”.
  • Once this process is completed, RISKMS will proceed to process your order, after verifying that it meets all the requirements for contracting. If your request is accepted, we will proceed to send you the details of the order placed, along with a reference number, which must be indicated in the bank transfer when proceeding with the payment.
  • After the full payment of the product and/or service, the User will receive a summary in the screen of the purchase made, and after a reasonable period of time, a second email with the credentials that will allow the access to AMLcheck. Such credentials are non-transferable. From that moment on the purchaser will have the status of AMLcheck’s registered User.

The email with the summary of the purchase made, in which the characteristics of the Products contracted by the user will be described, will serve as proof of the purchase made for any type of claim. If you do not receive this email, please check your “junk mail” or “spam” and, if it is not in this section, please let us know as soon as possible in order to solve the problem.

5. ECONOMIC CONDITIONS

The price of the Products offered by RISKMS in the Website is indicated next to the descriptive card of each of the search packs, being shown in any case in the official currency in the European Union, the Euro (€).

  • Prices

The current price of the search packs offered by RISKMS will be the one indicated in each moment in the Website along with its description, being of public access, without the need to be registered as a User to visualize it.

The price shown is in any case the final price, expressly including Value Added Tax (VAT) and any other applicable charges. However, the final price shall include all applicable increases or discounts, expenses charged to the User and additional expenses for ancillary services, means of payment, among others, that are managed by RISKMS.

In any case, all these amounts will be shown to the User in a detailed form during the contracting process.

  • Payment and Billing

Once the User has contracted the Products and paid the corresponding payment through any of the payment methods made available by RISKMS, we will send the User an e-mail containing the information on the Products purchased, their price, the applicable taxes and these General Conditions.

With regard to the payment by bank transfer, the purchase will only be effective when RISKMS receives the confirmation of payment of the bank transfer made. If for any reason the bank transfer is not carried out within 5 days, or if the full amount corresponding to the amount of the Products is not disbursed (including surcharges for management costs and bank transfer commissions), the purchase will be suspended, informing the User that the transaction has not been performed.

Once the full payment has been received, RISKMS will automatically send the invoice corresponding to the contract to the User’s e-mail address. By accepting these General Conditions, the User expressly consents to receive the invoice electronically. If the Users wish to receive the paper invoice, they can contact RISKMS indicating the postal address to which the invoice should be sent. The invoice may be issued directly to the User as a company or to the User as a freelancer.

Furthermore, in accordance with current legislation, RISKMS may not subsequently modify the invoicing of sales made. Therefore, the invoice will be issued in the name of the legal or natural person who contracts the Products, so the User must ensure that the order is placed with the correct name, in view that is not possible to issue duplicate invoices to send them to third parties, nor can they be issued after the warranty period.

6. ACCESS TO THE AMLCHECK SERVICE

  • User Access Requirements

Registered Users with access granted by RISKMS will have access and will be able to use the AMLcheck software, after the full payment of the amounts corresponding to the price of the contracted product. Also, the “Authorized Users” by the registered User may also have access, who in any case must respect these General conditions. Finally, “Trial Users” who have been granted specific access with permit of limited duration to learn about the operation of the product will also be able to access it, provided that they expressly accept these General Conditions.

These General Conditions are applicable to Registered Users, Authorized Users and Trial Users, except where expressly stated otherwise. The products and/or services offered may not appear or be enabled in all countries. Any reference to the term “User” shall be a reference to Registered Users, Authorized Users, and Trial Users, except where expressly stated otherwise.

It is an essential requirement to be older than eighteen (18) years in order able to register, and to have provided all the data required and catalogued as obligatory in the data collection forms.

Similarly, the User assumes that the User’s password and account are personal and non-transferable.

The password will be provided to the User according the rules of strength and complexity that are established at any time by RISKMS. The password created by the User will have an unlimited temporary validity, only subject to the time that AMLcheck remains active.

However, the User may modify the password at any time, using the tools made available by RISKMS through the Website.

The Users undertake to make diligent use of the password and keep it secret, not being able to transmit it to any third party. Consequently, Users shall be responsible for the proper custody and confidentiality of any identifiers and/or passwords they have selected as Registered Users, and undertake not to cede their use to third parties, either temporarily or permanently, nor to allow third parties to access their account. Every User shall be responsible for the lawful use of AMLcheck and shall be liable for any damages caused by a third party accessing the AMLcheck using their access credentials.

Therefore, it is the User’s obligation to immediately notify RISKMS of any circumstance that allows the improper use of identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed to their immediate cancellation. Until such facts are reported, RISKMS shall be released from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.

  • Duration

Access as a registered User of AMLcheck will begin once the corresponding credentials have been received, after the full payment of the amounts corresponding to the price of the product purchased, which will remain valid for the period of a full year, or until the search pack is spent.

The search pack not used during such year will expire. The searches not spend, will not be possible to be transferred to a following annuity.

7. TERMS AND CONDITIONS OF USE FOR AMLCHECK SERVICE

RISKMS grants the User a license to use the personal software, revocable, non-transferable, non-exclusive and without the possibility to sublicense the Software. By virtue of such license to use the Software, the Users may use, access and display the Software solely for their own use within the framework of their usual business activities, expressly excluding “professional use”.

For the purposes of this license, “professional use” shall be understood as the use of the Software for business purposes or for purposes involving the provision of a service or the delivery of a product to a third party, regardless that any direct or indirect profit of any kind is derived from such use.

  • Rules of use:

It is not permitted the access or use of the AMLcheck software for illegal or unauthorized purposes, with or without profit motive, and its consequences will be the exclusive responsibility of the User. In particular, and without the following list being exhaustive, it is prohibited:

  • Use AMLcheck in any way that may cause damage, interruptions, inefficiencies or defects in its functioning or in the computer equipment of a third party;
  • Use AMLcheck for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;
  • Use AMLcheck to collect personal data from other Users, without the corresponding consent and/or other requirements established by the data protection regulations in force at any given time;
  • Use AMLcheck illegally, against good faith, moral and public order;
  • Access without authorization to any section of AMLcheck, or to other systems or networks connected to AMLcheck, to RISKMS servers, by means of hacking or forgery, password extraction or any other illegitimate means;
  • Violate, or attempt to violate, the security or authentication measures of AMLcheck or any network connected to it, or the security or protection measures inherent to the content offered in AMLcheck;
  • Perform any action that causes disproportionate or unnecessary overload of the AMLcheck infrastructure or RISKMS systems or networks, as well as systems and networks connected to the Website.

RISKMS does not authorize the establishment of links to AMLcheck or the Website, unless there is prior written permission from RISKMS.

It is forbidden in any case the resale of the accesses granted to the enabled Users.

RISKMS reserves the right to review the User’s use of the Software for compliance with these General Conditions. The breach of any of the aforementioned obligations by the User may lead RISKMS to the adoption of the appropriate measures protected by law and in the exercise of their rights or obligations, leading to the removal or blocking of the account of the offending User, without any possibility of compensation for damages caused.

RISKMS reserves the right to alter, modify or suspend any feature of AMLcheck, including third party content.

8. INTELLECTUAL AND INDUSTRIAL PROPERTY

The User recognizes and accepts that RISKMS is the exclusive owner of the intellectual property or any other rights relating to the AMLcheck Software. This includes, but is not limited to, the rights of reproduction, distribution, public communication, provision and transformation of the AMLcheck Software and any of its elements, including source code, object code, technical documentation, user manual, etc., as well as any other related element or derivative thereof.

The subscription of these General Conditions shall not be understood as the assignment in favor of the User of any intellectual, or any other type of right related to the AMLcheck Software, beyond the right to use the same under the terms set forth.

In accordance with the aforementioned, the User undertakes not to:

  • Duplicate, reproduce, sell, rent, lease, license, distribute, or otherwise use the AMLcheck Software for any purpose different to what is expressly authorized in General Conditions.
  • Decompile, modify, reformat, translate, perform reverse engineer, disassemble, or otherwise access the source code of the AMLcheck Software, without prejudice to the fact that the applicable law expressly permits such activities regardless of the existence of an agreement with the User.
  • Split or fragment the AMLcheck Software into different parts or modules for independent use.
  • Alter or remove any notices relating to intellectual or other property rights that are included in the Software.
  • Violate the rights of intellectual property, industrial, or any other nature that RISKMS holds on the Software.
  • Develop computer programs, applications, or computer products of any other nature that perform a function similar to the one of AMLcheck Software provided that such development is based on RISKMS intellectual property assets or knowledge acquired as a result of the existing contractual relationship with the User.
  • Register trademarks, trade names, or any other distinctive signs associated with or that may be associated with the AMLcheck Software.
  • To develop inventions of any kind that integrate computer programs, applications, or computer products of any other kind, that perform a function similar to the one of AMLcheck Software.

In order to enable RISKMS to effectively control and defend its intellectual property rights, RISKMS may collect information as well as any other data that may be relevant for the purpose of verifying the effective use of the AMLcheck Software.

In this sense, the User expressly authorizes RISKMS to use the information collected during the use of the AMLcheck Software as effective evidence of the use of the AMLcheck Software in any cause and proceeding of any nature, whether against the User or against any third party.

Likewise, RISKMS may include in its professional portfolio, including the RISKMS web pages, the User’s registered trademarks, with the sole purpose of referencing the existence of the use of AMLcheck by the User, being able to indicate for these purposes that RISKMS is a provider of the AMLcheck Software that allows access to and use of the products and/or services offered to the User.

9. INFORMATION PROVIDED BY DOWJONES

Users who subscribe to the RISKMS service to use the Product are authorized to access and use the Dow Jones Information (hereinafter “Authorized Subscribers”), provided that they accept these General Conditions and the document included in Annex I.

10.       LIABILITIES AND GUARANTEES

RISKMS guarantees the originality of the AMLcheck Software, and declares to hold the ownership of all intellectual property rights of such, necessary to enable compliance with these General Conditions, particularly in relation to intellectual property.

To this end, RISKMS states that it has obtained from each and every person involved in the development of the AMLcheck Software the assignment of all exploitation rights the broader way as necessary for proper compliance with the provisions of these General Conditions.

Accordingly, RISKMS shall be liable to the User for any action or claim brought by third parties based on the ownership of rights of the AMLcheck Software.

However, the User is informed and it is understood that the AMLcheck Software incorporates a series of free software libraries, which are subject to the rights established in the GNU Lesser General Public License V.3.0, which the User declares to know.

Likewise, RISKMS warrants that it has taken all reasonable steps required to a provider to prevent that the AMLcheck Software contains viruses or any other destructive applications.

In the same way, RISKMS guarantees to have made its best efforts for the correct functioning of the AMLcheck Software, but this shall not be understood as a guarantee that for its own nature the use of such will lead to the achievement of a specific purpose, being the AMLcheck Software a mere instrument in order to achieve specific results.

In no event shall RISKMS be liable for any damages arising out of or in connection with the User’s failure to perform or defective performance of the corresponding obligations under this Agreement, including any legal obligations required to the User, or the User’s misuse of the AMLcheck Software, or any direct or indirect damage that may result from the User’s negligent or intended use of the AMLcheck Software.

However, and to the extent permitted by the applicable law, RISKMS declares that the liability assumed by RISKMS under these General Conditions for any act or omission, shall be limited to the amount of the last year contracted by the User, immediately prior to the time that the act or omission that produced the liability claim against RISKMS occurred.

On the other hand, the User will be responsible for the use made of the AMLcheck Software by any persons who depend on it or who for any reason have had direct or indirect access to it.

In addition, the User shall be responsible for all the activity that occurs through the use of the AMLcheck Software and shall comply with all laws, including money laundering and terrorist financing prevention regulations, as well as any other laws, regulations and treaties in force, at the local, state, national and international level in relation to its use.

The User guarantees that the AMLcheck Software and all copies will remain under its control and that it will take all technical and security measures necessary to safeguard and protect the Software, preventing unauthorized access to it.

In this sense, including but not limited to, the User warrants to RISKMS that it will not take any of the actions set forth below: (i) circumvent any technical limitations on copying that the AMLcheck Software may have; (ii) make the AMLcheck Software, its code and/or documentation publicly available for copying or reproduction by third parties; (iii) use the AMLcheck Software to commit or assist in the commission of unlawful, illegal or criminal activities; or (iv) provide third parties with software that is similar or intended for the same purpose as the AMLcheck Software.

11.       CAUSES OF RESOLUTION

The parties undertake to comply with their legal and contractual obligations under these General Conditions. If a party fails to perform any of its obligations or obstructs the performance by the other party of its obligations, the other party shall be entitled to claim the damages caused, either by consequential damage as for loss of profit.

The parties shall be liable for any infringements committed by them personally, remaining the other party harmless against any error, fault or negligence not directly attributable, and against any damage resulting from such infringements or errors attributable to the other contracting party.

RISKMS shall not be liable in the cases described in the Legal Notice of the Website. Also, particularly RISKMS will not be liable in the event of unavailability of the Website or the inability to contract the Products when this is due to circumstances beyond the control of RISKMS, force majeure or error in the contracting process or data provided by the User. However, in such cases, RISKMS will contact the User in order to find the best solution to the case.

RISKMS will use all commercial and technical efforts at its disposal to keep available the Products offered through the Website, which constitutes an obligation which, however, shall not apply to any lack of availability or performance caused by:

1)  Temporary inactivity of the Website due to updating and/or technical maintenance, of which will prior information will be provided with a publication on the Website itself within a maximum period of 48 hours, provided that these circumstances are known or communicated to RISKMS with a period of notice longer than the indicated;

2)  Causes beyond the control of RISKMS: force majeure, Internet access problems, technological problems beyond the diligent and reasonable management of the owner of the Website, actions or omissions of third parties, etc.

In all cases referred to, beyond the control and due diligence of RISKMS, there shall be no compensation of this to the User for lost profits, damages or losses.

In the event of closure or suspension of the Website for reasons beyond the control of the parties, the User will be informed promptly of the transfer of the service to a new domain, modifying only the stipulations of this contract in relation to the domain in which the Website remains active.

In addition to the aforementioned causes, the breach by the User of the material obligations assumed by virtue of the Contract shall be cause for early termination of the Contract.

If “by its very nature” the breach is remediable, RISKMS will send a reliable notification to the User to proceed with the remedy of the breach within fifteen (15) calendar days. If the non-compliance is not remedied within this period, these General Conditions will expire and be resolved.

However, in the event of a breach by the User of any of the provisions expressed in these General conditions, RISKMS may suspend the provision of products and/or services until such incident is remedied. To this end, RISKMS must give prior written notice of the decision to suspend, including the reasons for the suspension.

In this case, the User shall have fifteen (15) calendar days to remedy the breach, if this were to be remedied. Once the term has elapsed without this having occurred, RISKMS may opt for the termination of these General Conditions.

Failure by the User to comply with the General Conditions shall entitle RISKMS to require the User to pay in full the amounts agreed in this Contract.

In any case, RISKMS reserves the right to resolve the General Conditions for any of the following reasons:

  • Abusive use of the Software by the User, its employees or any third party.
  • By means of a simple written notification to the User made 30 days prior to the date on which the resolution takes place, with no right to any compensation as a consequence of this resolution and where the pending invoices for the services provided to such date must be paid.

The Resolution of these General Conditions for any reason will result in the suspension and disabling of access to the AMLcheck software and any materials to which the User has had access under these General Conditions at the request of RISKMS, within five (5) calendar days of after the resolution.

Early termination of the General Conditions for any reason not attributable to RISKMS shall entitle RISKMS to demand the amounts that are pending of payment as agreed in these General Conditions or any of its Annexes, unless otherwise agreed.

12.       CUSTOMER SERVICE

RISKMS, as responsible for the Website and responsible for marketing the Products offered in it, provides to the Users a customer service, available through the following email address: info@riskms.es, in which all queries, complaints and suggestions raised in connection with the subscription of any of the Products will be duly attended.

We will respond to any complaints or queries as soon as possible.

Support Services will be available in 8×5 format on weekdays from 9:00 am to 6:00 pm – Central European Time (CET):

Telephone by phone (+34) 918 29 47 99. During this time, the Customer will receive immediate assistance and will be assigned a case number, which will be queued.

In the event that the Customer contacts RiskMS by email soporte-aml@riskms.es, the Customer will receive assistance and will be assigned a case number, which will be placed in queue of requests.

Outside said schedule, any incident communicated to RiskMS by the Client will be attended to the next business day.

13.       CONFIDENCIALITY

The Parties acknowledge that during the term of these General Conditions and to ensure their proper functioning, they may have access to certain confidential information owned by each of them. Considering the aforementioned, the Parties undertake to maintain strict confidentiality regarding this type of information, and may not reproduce, use, sell, license, exhibit, publish or reveal it in any way to any other person, without the express authorization of the other party.

A breach of the confidentiality duty by either Party shall give rise to a claim for damages caused by failure to regarding such duty against the breaching Party.

14.       DATA PROTECTION

In accordance with current legislation on data protection, RISKMS, in order to guarantee the correct provision of the Services, will access the contact details under the responsibility of the User. Such access will be made for the sole purpose of complying with the Services described in these General Conditions and will be retained throughout the execution of these General Conditions and even after, until any liabilities arising may arise from them prescribe. The data may be communicated to banks and financial institutions, for the management of payments and collection, and to Public Administrations in the cases provided by the Law, for the corresponding purposes. Users may request access to their personal data, its rectification, erasure, objection, portability of data and restriction of its processing, at the address described in the heading of these General Conditions, as well as lodge a complaint to the Spanish Agency for Data Protection. The User may also contact the Data Protection Officer at the following e-mail address lopd@riskms.es.

In any case, the access to data carried out by RISKMS through AMLcheck shall be governed by the provisions of Annex I: “Data Access Contract for the use of the AMLcheck service”, which is annexed and integrated as part of these General Conditions and, and for the circumstances not considered under these provisions, by the applicable Data Protection regulations in force.

15.       NULLITY CLAUSE

All the clauses of the present General Conditions must be interpreted in an independent and autonomous way, in the sense that the rest of stipulations shall not be affected in case one of the clauses is declared null by a judicial sentence or final arbitration resolution. The clause or clauses affected shall be replaced by another clause or clauses that preserve the effects intended by these General Conditions.

16.       DISPUTES RESOLUTION

The present relationship between the Parties shall be governed by the Spanish legislation in force any given time, unless it is otherwise provided by any other applicable legislation. Therefore, for any litigation related to this Website or any other that relies on it, the Spanish law will apply, being competent for the resolution of all disputes the Courts and Tribunals of Madrid (Spain).

If you have any complaints about the use of our Products, you can contact us by sending an e-mail or a letter to the physical address indicated in the “Identification” section. We are committed to seek at all times an amicable solution to the conflict.


ANNEX I: DATA ACCESS CONRTACT FOR THE USE OF THE AMLCHECK SERVICE

 

1.   DEFINITIONS

  1. “AMLcheck” or “Software AMLcheck”

Tool or software owned by RISK MANAGEMENT SOLUTIONS S.L.U, Calle Ochandiano nº8, 28023 (Madrid), which allows access to and performance of the offered searches.

  1. “Dow Jones”

Factiva Limited is a company that provides RISKMS with information and databases (Dow Jones Information) necessary for the operation of the Product.

  1. “Dow Jones information”

Information and databases provided by Dow Jones for the operation of the AMLcheck Software.

  1. “RiskMS”

RISK MANAGEMENT SOLUTIONS S.L.U. (hereinafter referred to as “Provider” or the “Owner”).

  1. “Users”

Means Registered Users, Authorized Users and/or Trial Users.

  1. “Authorized Subscribers”

Means the Users who subscribe to these Terms and Conditions for the use of Dow Jones Information.

2. PURPOSE

 The object of this document is to stipulate the different Terms and Conditions applicable to the use of Dow Jones Information (hereinafter the “Terms and Conditions“).

These Terms and Conditions are part of the provision of services granted to the Users for the use of the AMLcheck Software.

3. DURATION

The duration of these Terms and Conditions shall be the duration of the provision of services granted to Users for the operation of the AMLcheck Software.

4. REPRESENTATIONS AND WARRANTIES

The Users subscription of this document implies that they manifest and guarantees the following in relation with the use of the AMLcheck Software:

  • The User recognize that Dow Jones is not a credit reporting agency;
  • Acknowledges that the Dow Jones Information does not contains consumer solvency reports, nor it comprehends a solvency investigation;
  • Warrant that in case of becoming aware of any breach of security or unauthorized use that may have affected Dow Jones Information, will notify Dow Jones as soon as possible in order to remedy such situation;
  • Acknowledge and agree that Dow Jones does not warrant that the Information provided will be complete, accurate, specialized or timely adequate for the User’s specific purposes;
  • Declares that Dow Jones shall be hold harmless and excused from any loss or damage to the Dow Jones Information as a result of any breach or breach of security by the User;
  • Agree and undertake to indemnify Dow Jones and/or Dow Jones members and/or their respective directors, employees, agents or representatives (“Dow Jones Team”) for any of the following damages:
    • Damages suffered by the Dow Jones Team as a result of the improper use of the Dow Jones Information or any use contrary to these Terms and Conditions;
    • Complaints, allegations or any other action taken by third parties against the Dow Jones Team as a result of the User’s or any of its employees, officers, agents, representatives or any third party subcontracted, for such obligations with those third parties;

5. PROHIBITED USES AND CONDUCT

  • No User shall allow access to Dow Jones Information to third parties other than Authorized Subscribers.
  • Users may not access Dow Jones Information until these Terms and Conditions have been accepted.
  • Users may not modify the provision for the use of services granted by RISKMS to be contrary to these Terms and Conditions.
  • Users may in no event use Dow Jones Information for any purpose prohibited by applicable law or any use that exceeds the purpose of the AMLcheck Software.

6. INTELECTUAL PROPERTY

The access and use of the Dow Jones Information by the User shall not be understood as implying any waiver, transfer, provision of services, or assignment in whole or in part of any intellectual or other proprietary rights by Dow Jones. The User has a right to use the Dow Jones Information solely for the purpose of using the AMLcheck Software, in accordance with these Terms and Conditions.

The User may not modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, totally or partially, any of the Dow Jones Information without the express prior written permission of Dow Jones.

7. DATA PROTECTION

  • The User guarantees the processing of Dow Jones Information in strict compliance with the Spanish and European Data Protection regulations in force at any given time. In particular, access to Dow Jones Information is provided for the sole purpose of providing the User with the Service defined in these Terms and Conditions and, in particular, for the adoption of due diligence measures, the investigation and prevention of fraud, money laundering and the financing of terrorism.
  • The User undertakes to comply with and enforce the applicable legal rules on confidentiality and personal data protection, for the time the provision of services is in force and after the end of the such, regardless of the motive that cause the termination. In any case, the User shall process the personal data obtained only by means of documented instructions from Dow Jones or the Provider, and shall be obliged to adopt measures to ensure that any natural person under his or her responsibility with access to the data only processes them in strict compliance with the instructions indicated.
  • The User shall notify RISKMS in writing, as soon as possible and within a maximum of 24 hours of detection, of any incident that affects or may affect the confidentiality, integrity and availability of the personal data processed. For illustration purposes, not being an exhaustive list, the following circumstances must be communicated: access by unauthorized persons, loss or blocking of passwords, theft of the User or detection of access or behavior during unusual hours and/or days.
  • The processing of data that may be carried out through the platform will be carried out in accordance with the provisions of the Privacy Policy of this, the content of which is available on this link.

8. GENERAL CONDITIONS OF USE OF THE AMLCHECK SOFTWARE ONLINE PLATFORM

  • The User who operates the AMLcheck Software, without prejudice to the fulfilment of all obligations set forth herein, shall be subject to the General Conditions of Contract, of which this document is an inseparable and integral annex.
  • These General Conditions of the AMLcheck Software online platform are in force to the date of signature of this document, however, they may be subject to future modifications, so the terms and conditions binding on Users, will be those available on the AMLcheck Software online platform at the time of using the services subject to this Agreement. These Terms and Conditions shall prevail in everything that contradicts or is not regulated by the General Conditions of use of the AMLcheck Software online platform.

Last updated: 07th, November, 2018.

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