These terms have effect from 00.01 UTC on Monday 11 December 2017.
These terms govern the use of the RiskScreen Core and RiskScreen Pro customer screening tools, and access to RiskScreen via the RiskScreen API, and constitute Your User Agreement with Us.
“Agreement” means the agreement formed between You and Us by Your acceptance of these Terms
“API” means the RiskScreen public Application Program Interface
“Assigned User” means a User of RiskScreen who has been granted access to RiskScreen by an Entitled User and who uses RiskScreen by spending valid Search Tokens granted to him or her by an Entitled User from the Entitled User’s stock of valid Search Tokens
“Completed Search” means a search request which has been sent to RiskScreen as a result of a User clicking the ‘SEARCH RISKSCREEN’ button and which has returned a valid result. A search becomes a “Completed Search” when RiskScreen delivers the results to the User, not when the User completes a report of their search.
“Dow Jones” means Factiva Limited, which is incorporated in England and Wales and whose registered place of business is The News Building, 1 London Bridge Street, London SE1 9GF, United Kingdom, trading as Dow Jones
“Dow Jones Information” means information supplied by Dow Jones and distributed to you via the RiskScreen Service. This information includes the records that are searched when you request a RiskScreen search in respect of a search subject’s sanction, PEP, Watch List or Black List status, and any resulting matches that are displayed to you.
“Entitled User” means a Registered User of RiskScreen in possession of at least one valid Search Token
“Legacy User” means a Registered User of RiskScreen whose most recent purchase of access to the RiskScreen Service was made before 00.01 UTC on 21 February 2017 but within twelve months of the date on which the phrase ‘Legacy User’ falls to be construed.
“Licensors” means the parties which have licensed Us to display and make available to You their intellectual property in the course of the conduct of RiskScreen searches. Our Licensors include, but are not limited to, Dow Jones.
“Registered User” means a User who has provided Us with such identity and contact details as We may require
“RiskScreen” means the RiskScreen search engine versions 2.3 and above. These terms are expressly intended to cater for both RiskScreen Core and RiskScreen Pro, as well as access to the RiskScreen service via the RiskScreen API. References to “RiskScreen” shall be taken to expressly include reference to RiskScreen Core, RiskScreen Pro, and RiskScreen API unless the context clearly requires otherwise.
“RiskScreen API” means the RiskScreen search tool when accessed via the RiskScreen public API
“RiskScreen Core” means the RiskScreen search tool when accessed online via GUI
“RiskScreen Pro” means the RiskScreen Pro enhanced due diligence search tool (also referred to as ‘RiskScreen EDD’)
“RiskScreen Pro Search Token” means an electronic token which can be purchased by Entitled Users and exchanged for Completed Searches on the RiskScreen Pro enhanced due diligence search tool.
“Search Token” means an electronic token which can be purchased by Entitled Users and exchanged for Completed Searches on the RiskScreen search engine versions 2.0 and above.
“The Parties” means You and Us
“The RiskScreen Service” means RiskScreen Core and/or RiskScreen Pro and/or RiskScreen API as the context requires. The RiskScreen Service expressly includes the Dow Jones Information
“Third Party Content” means any text, files, images, photos, graphics, video, sounds, musical works, or any other materials published or posted on or through Our services produced by third parties (e.g. search results provided by RiskScreen but making use of underlying third party material).
“Trial User” means a Registered User of RiskScreen not in possession of at least one valid Search Token
“Us, Our, We” means KYC Global Technologies Ltd, trading as RiskScreen, whose registered office is at 95-97 Halkett Place, St Helier, Jersey, JE1 1BX, GB
“Users” means Registered Users, Entitled Users, Assigned Users and Trial Users of RiskScreen Core and/or RiskScreen Pro as the context may require
“You, Your” means the party which has executed this Agreement by ticking the electronic box to indicate that these terms have been read, understood and accepted.
2. Accessing and Using RiskScreen
2.1. Full access to RiskScreen is available only to Registered Users with valid Search Tokens (“Entitled Users”) and to other Users granted access by Entitled Users (“Assigned Users”) who have agreed to be bound by these Terms, including the Schedules hereto. We may from time to time make trial access available to Registered Users who do not hold valid Search Tokens (“Trial Users”) provided they also agree to these Terms. References made in these terms to “Users” are references to Registered Users, Entitled Users, Assigned Users, Legacy Users and Trial Users, unless the context clearly indicates otherwise.
2.2. We may not offer or make available all of Our services or content to residents of certain countries. The terms in this document bind all Users of RiskScreen, whether they are Registered Users, Entitled Users, Assigned Users, Legacy Users or Trial Users, except where clearly otherwise indicated by these terms.
2.3. These Terms constitute the sole basis on which You agree to access and use RiskScreen and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, relating to their subject matter.
2.4. You acknowledge that in accessing and using RiskScreen You have not relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
2.5. You must not misuse RiskScreen by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to RiskScreen, the servers on which RiskScreen is stored or any server, computer or database connected to RiskScreen.
2.6. You may link to Our home page (www.riskscreen.com) on a website that You control, provided that You do so with Our prior permission in writing (which may impose additional terms on You in relation to the website on which You propose to link) and do not suggest any form of association, approval or endorsement on Our part unless that has been specifically agreed. We reserve the right to withdraw permission to link without notice. You may in no circumstances create a link to any part of RiskScreen other than the RiskScreen home page.
2.7. Under no circumstances are You permitted to re-sell access to RiskScreen, or the product of RiskScreen searches, to any party.
3.1. We may, at Our discretion change, remove, suspend or discontinue any aspect of RiskScreen at any time including the availability of any Third Party Content (e.g. the searching of a particular sanctions list).
4. Our Technology
4.1. RiskScreen’s technology, trademarks, copyright, patents, logos, domain names and other related intellectual property rights or other features of Our brand belong to Us or to Our Licensors. Your use of Our services does not grant You any rights in Our and/or Our Licensor’s intellectual property whether for commercial or non-commercial use save as expressly provided in these Terms.
4.2. We grant Our Users a licence to access and use RiskScreen subject to the following specific usage restrictions:
- You may only use Our services for Your personal, private or internal commercial purposes subject to these Terms.
- You must not commercially exploit, or sell any content appearing on RiskScreen or on the services provided through it, or access to RiskScreen itself, without first obtaining a licence from Us or Our licensors (which We/They may grant in Our/Their sole discretion and subject to the agreement of terms with You).
- You may print off one copy, and may download extracts, of any page(s) from RiskScreen for Your personal use or for internal commercial use within Your business.
- You may refer others within Your organisation to content posted on RiskScreen or search results.
- You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way.
- Our status as the providers of search results on RiskScreen must always be acknowledged.
- If You are in breach of these Terms, Your right to use RiskScreen will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.
4.3. In consideration for the rights that We have granted You under these Terms, You permit Us to provide advertising and other information to You, including permitting Our third party affiliates to do the same.
5. Third Party Content
5.2. We do not endorse any Third Party Content nor do We guarantee the accuracy or authority of any Third Party Content.
6. Dow Jones Information
6.1. RiskScreen’s sanctions, PEP and Watch List/Black List data is provided by Dow Jones (the “Dow Jones Information”). Save as expressly provided in these Terms, You will not acquire any rights in the products, services, or intellectual property rights pertaining to the Dow Jones Information. Infringement of the copyright in the Dow Jones Information will constitute a breach of these Terms.
6.2. By agreeing to these Terms You represent and warrant to Us that:
- You have the right to enter into this Agreement and perform Your obligations in the manner contemplated by this Agreement;
- that You will comply with all applicable laws and regulations in performing this Agreement; and
- this Agreement does not conflict with any other agreement entered into by You.
6.3. You further covenant that such representations and warranties will remain true and correct throughout the term of this Agreement. Except as provided herein, the Dow Jones Information is provided on an “as is”, “as available” basis without warranties, conditions or representations of any kind and Dow Jones does not warrant the accuracy, timeliness, completeness, adequacy, merchantability or fitness for a particular purpose of the Dow Jones Information. Dow Jones shall not be liable to You or to any third party in respect of any actual or alleged inaccuracy, untimeliness, inadequacy, merchantability or unfitness of the Dow Jones Information. You shall not make any statement respecting Dow Jones or the Dow Jones Information that is contradictory or inconsistent with the foregoing statements or that has not been approved in writing and in advance by Dow Jones.
6.4. You agree to indemnify RiskScreen, Dow Jones and members of the Dow Jones Group and each of its respective officers, directors and employees, agents and representatives (the “Dow Jones Parties”) against any and all loss or damage suffered by RiskScreen or the Dow Jones Parties arising out of any use of the Dow Jones Information by You beyond the rights expressly granted under this Agreement or in breach of the terms of this Agreement.
6.5. You acknowledge that RiskScreen is not a “consumer reporting agency” and that the Dow Jones Information does not constitute a “consumer report” or “investigative consumer report” as such terms are deﬁned in the Fair Credit Reporting Act, 15 U.S.C. §1681, et seq. (FCRA), or any applicable state fair credit reporting laws. Accordingly, You represent and warrant that You will not use the Dow Jones Information for any permissible purpose under FCRA or applicable state or national fair credit reporting laws. You shall indemnify, defend and hold harmless RiskScreen, Dow Jones or its Affiliates for any loss or damage suffered arising out of any breach by You of the representation and warranty given by You in this Section 6.5.
6.6. Other than pursuant to the indemnities provided under sections 6.3, 6.4 and 6.5, neither Dow Jones nor RiskScreen shall be liable to You (jointly or severally) for any of the following types of loss: (a) any special, indirect or consequential loss; (b) any incidental, punitive and/or exemplary damages; (c) loss of profits (whether direct or indirect); (d) loss of business (whether direct or indirect); (e) loss of anticipated savings or loss of revenues (in either case, whether direct or indirect); and/or (f) loss of reputation or goodwill (in either case, whether direct or indirect) (collectively the “Excluded Damages”) howsoever arising, whether or not characterised in negligence, tort, breach of statutory duty, contract, or other basis of liability, even if any of the other party has been advised of the possibility of or could have foreseen any of the Excluded Damages and the protection of this clause shall also extend to Dow Jones.
7. Reliance on Information and Services
7.1. We will always aim to provide You with the best service We can and will use Our reasonable endeavours to update the information on RiskScreen. However, we make no representations, warranties or guarantees, whether express or implied, that the content on RiskScreen is accurate, complete or up-to-date.
7.2. The information provided by RiskScreen is for information purposes only and does not constitute advice on which You should rely.
7.3. All of the information provided by RiskScreen is supplied by third parties. We have no control over Third Party Content and We are unable to guarantee the accuracy of such Third Party Content. You agree that You access any content at Your own risk. Before relying on any information, whether it is from Us or from Our Third Party partners, We advise You to verify the accuracy of such information.
7.4. RiskScreen provides a facility by which names of individuals or legal entities may be entered in the characters of their original language. While We believe that entering such names in the characters of their original language will produce a robust and relevant search result, We cannot guarantee that entering a name in the characters of its original language will produce the same result as if it were entered transliterated into the characters of the Latin alphabet.
7.5. RiskScreen enables the simultaneous searching of sanctions lists, PEP lists, Watch Lists, Black Lists, web sources, and certain deep web sources. However, We cannot guarantee that any particular combination of such sources will be available at the time when You conduct Your search.
7.6. Sanctions lists, PEP lists, Watch Lists and Black Lists searched by RiskScreen may be updated by their authors without notice. Whilst We will make reasonable efforts to ensure that changes to all such lists are reflected within RiskScreen’s search results as soon as possible after they occur, We cannot guarantee that this will always take place within a set period of time.
7.7. Original entries on certain sanctions lists, PEP lists, Watch Lists and black lists may be published in the alphabet of a primary language which does not use the Latin alphabet. Where this is the case Our Third Party content providers will make reasonable efforts to translate or transliterate the information on those lists using characters of the Latin alphabet, but for reasons of the structure and grammar of the primary language it may not always be possible to provide an exact transliteration of names in the characters of one alphabet into those of another.
7.8. The compilation of lists of Politically Exposed Persons is an inherently uncertain exercise. Certain jurisdictions may choose not to make the necessary information publically available; others may do so after a period of delay. The definition of a Politically Exposed Person is also variable in some jurisdictions and territories. The providers of RiskScreen’s PEP lists make all reasonable efforts to keep the information therein current, accurate and complete, but no guarantee is made that it is so.
8. Site Availability
8.1. Whilst We will do Our best to ensure that RiskScreen is fully operational at all times, We are not responsible for and shall not be liable to You for any problems or temporary interruptions in using RiskScreen arising from factors outside of Our control (e.g. technical problems from traffic congestion on the internet) or for any problems arising from participating in or from downloading Third Party Content.
9. Limitation of Our Liability to You
9.2. To the extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to RiskScreen or any content on it, whether express or implied.
9.3. We will not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, RiskScreen; or
- use of or reliance placed on any content displayed on RiskScreen, or on the absence of content displayed on RiskScreen (e.g. nil returns to search queries).
In particular We are not liable for:
- any indirect or consequential loss or damage.
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any regulatory, legal or other penalty, sanction or other determination to which You are subject as a result, in whole or in part, of your usage of RiskScreen.
9.4. In so far as We may be liable to You Our total liability to You in contract, tort (including without limitation negligence or breach of statutory duty howsoever arising and including the acts or omissions of its employees, agents and sub-contractors), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in in connection with the RiskScreen service shall be limited to £5,000 GBP or the total amount that you have paid to us in licence fees for RiskScreen over the preceding twelve months, whichever is lower.
9.5. You are responsible for the computer hardware and software that You use to access RiskScreen. You should use Your own virus protection software. We will take reasonable steps to put in place and maintain firewalls, virus protection and other technical security measures but We will not be liable for any loss or damage caused by:
- a virus;
- denial-of-service attack,
- or any material that may infect Your computer equipment, computer programs, data or other material as a result of Your use of RiskScreen or downloading content on it, or on any website linked to it.
9.6. We assume no responsibility for the content of any websites linked to RiskScreen. We do not endorse those linked websites. We will not be liable for any loss or damage that may arise from Your use of them.
10.1. You may not, without Our prior written consent, charge, sub-contract or deal in any other manner with all or any of Your rights or obligations as a User except in accordance with the ‘Entitled Usage Terms’ at Schedule 2 to these Terms.
10.2. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of Our rights or obligations in relation to the provision of the RiskScreen Service.
11. Partnership and Agency
11.1. The provision by Us of the RiskScreen Service shall not operate to create a partnership between Us, or to authorise You or Us to act as agent for each other.
12. Third Party Rights
12.1. No one other than You or Us, or Our successors and permitted assignees, shall have any right to enforce any of these terms.
13. Changes to Our terms
14.1. Any notice or other communication given to Us in connection with the RiskScreen service in accordance with these terms shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at Our registered office.
14.2. Any notice or communication shall be deemed to have been received:
- if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; or
- if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service.
14.3. This provision does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
14.4. For the purposes of the giving of notice in accordance with these terms, “writing” shall not include email unless specifically stated.
15.1. No failure or delay by You or Us to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
16.1. We may terminate Your usage of RiskScreen if You fail to make payment in accordance with the terms set out at Schedule 2. We may also terminate Your usage of RiskScreen if You commit a material breach of any these terms where that breach is irremediable or (if such breach is remediable) You fail to remedy that breach within a period of 14 days after being notified by email to do so.
17. The Effect of Termination
17.1. Any of these terms that expressly or by implication are intended to come into or continue in force on or after termination or cancellation shall remain in full force and effect.
17.2. Termination of Your access to the RiskScreen service shall not affect any rights, remedies, obligations or liabilities that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.
18. Force Majeure
18.1. We shall not in any circumstances have any liability to You if We are prevented from, or delayed in providing the RiskScreen service by omissions or accidents beyond Our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, act of terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
19. The Law that Governs Our Services
20. Agreement to be Bound by these Terms
20.1. You agree that you will indicate your complete understanding of, and agreement to be bound by, these Terms by checking a box with wording to that effect on an electronic form which will be provided to You by Us. The date and time from which these Terms shall have effect with regard to You shall be the date and time at which you check the box. No wet ink signature or other form of electronic signature shall be required of you to make these Terms effective, however we may additionally require You to provide a wet ink signature at our discretion. Should we so require, You will be bound by your wet ink signature just as You would be by checking a box on an electronic form as outlined above in this paragraph
20.2. You further warrant and represent that you have sufficient authority to bind your organisation in respect of the requirements of these Terms.
20.3. Notwithstanding the provisions at clauses 20.1 and 20.2 above, Your usage of RiskScreen on or after 00.01 UTC on Monday 11 December 2017 shall constitute full, final and irrevocable acceptance of these Terms in their entirety on Your part and that of Your organisation.
SCHEDULE 1 – THE RISKSCREEN SERVICE
The following description of what RiskScreen is, and is not, is important. Please read it carefully to ensure that You fully understand the capabilities and limitations of the service which RiskScreen offers.
What RiskScreen is:
RiskScreen is an advanced and specialised form of search engine with access to a significant number of open sources, including the general web, certain parts of the deep web, and national sanctions databases. It also maintains access to regularly updated databases of Politically Exposed Persons, national Watch Lists and Black Lists, provided by Dow Jones.
The main categories of Politically Exposed Persons maintained on the Dow Jones database utilised by RiskScreen are as follows:
- Heads of State, National and Regional Government;
- National and Regional Government Ministers and Senior Civil Servants;
- Embassy and Consular Staff;
- Senior Members of the Armed Forces;
- Senior Members of the Judiciary;
- Political Party Officials;
- Members of the National Legislature;
- Senior Members of the Police Force;
- Senior Secret Service Officials;
- State Corporation Executives;
- Local public officials;
- Religious Leaders;
- City Mayors;
- International Organisation Officials;
- National NGO officials;
- Political pressure and labour group officials;
- State agency officials;
- Family Members and associates of the persons described above;
- Individuals and entities within jurisdictions which are subject to sanctions or trade embargoes issued by the UN, OFAC or other similar institutions along with jurisdiction risk ratings. (The risk ratings applied against the jurisdictions are provided by the UN, OFAC or other similar institutions. Dow Jones does not impose any risk rating itself nor make any value judgement on this data).
A full list of the countries and territories for which Politically Exposed Persons data is maintained can be viewed here https://www.riskscreen.com/riskscreen-pep-coverage/. Note that the countries and territories for which PEP data is supplied by RiskScreen are liable to change without notice, and that RiskScreen cannot guarantee that all the above categories of PEP will be held for all countries for which PEP data is maintained. To see the lists currently searched, visit the hyperlink/URL above.
A full list of the Watch Lists and Black Lists searched by RiskScreen can be viewed here https://search.riskscreen.com/help/watch-list-coverage. Note that the Watch Lists and Black Lists searched by RiskScreen are liable to change without notice.
Whilst RiskScreen’s suppliers make all reasonable efforts to maintain PEP, Watch List and Black List data which is current, accurate and comprehensive, RiskScreen makes no warranties or representations regarding the accuracy, currency or completeness of its PEP, Watch List, Black List or Sanctions List data. The onus remains on You at all times to satisfy Yourself as to the accuracy, currency or completeness of any results – including nil returns – which may be produced by searches of RiskScreen.
RiskScreen is owned and operated by KYC Global Technologies Limited, trading as RiskScreen.
What RiskScreen is not:
RiskScreen has very powerful search capabilities but the information which it searches is limited to that provided by third parties. No research, analysis or other such work is carried out by KYC Global Technologies or its affiliates in connection with the individuals and entities submitted to RiskScreen as search queries. Search results are presented in order of relevance as determined by algorithms utilised by RiskScreen’s but there is no human intervention in this process. KYC Global Technologies cannot guarantee that, from a User’s perspective, the most relevant results in respect of a search query will be displayed first, or will be visible on the first page of search results. Nor can it guarantee the accuracy, currency or completeness of the content identified in search results drawn from third parties.
The onus remains at all times on You as a User to critically interrogate and analyse the results which RiskScreen produces as You would the results of any other search engine.
SCHEDULE 2 – ACCESS, USERS, PAYMENT AND CANCELLATION
Please read the terms in this Schedule carefully as they set out the terms for Your Entitled Usage of RiskScreen. If you are a Legacy User of RiskScreen, your permitted rights of access to the RiskScreen Service shall continue to be governed by the terms to which you agreed at the commencement of your subscription until the next anniversary thereof, at which point your access to and usage of the RiskScreen service will be governed by the terms set out in this document. In all other respects, Legacy Users will be governed by the Terms set out in this Agreement.
If You access RiskScreen as an Assigned User as a result of being granted access by an Entitled User, these Terms will apply to Your usage as far as they are relevant. The duration of Your access is determined by the Entitled User.
Any person over the age of 18 can become an Entitled User but We reserve the right to exclude certain territories from time to time and limit the entitlements on offer in any country.
You must be 18 or older and have the power to enter into a contract with Us and not be prevented from doing so under any local laws.
By registering to become an Entitled User, You agree that You have given Us accurate registration details, including payment information and will ensure that We always have up to date contact information.
When You become an Entitled User, We will provide You with a username and password to enable You to access RiskScreen. You agree that You will ensure that Your username and password will only be used by You and will be kept secure and confidential. Access to and use of password protected or secure areas of RiskScreen is restricted to authorised Users only. You may not share Your password, account information, or access to RiskScreen, but You may grant access to Assigned Users, provided that you do not levy any charge or receive any reward from Assigned Users or their employers, employees or associates for granting them access to RiskScreen.
You are responsible for all activities that occur under Your password or account or as a result of Your having granted Assigned Users access to RiskScreen. You agree to notify Us immediately of any unauthorised use of Your password or account.
We reserve the right to refuse any application for access to RiskScreen or to revoke Your access to RiskScreen for any reason and We are under no obligation to divulge that reason to You or any applicant.
What is the duration of my access to RiskScreen?
Entitled User access to RiskScreen is granted to Registered Users who purchase one or more ‘bundles’ of RiskScreen Search Tokens.
Your access as an Entitled User will start immediately once We have received full payment for at least one bundle of RiskScreen Search Tokens.
Your access as an Entitled User will continue for one calendar year from the date We receive Your payment in full, or until You have used up all of Your RiskScreen Search Tokens, whichever comes first.
All unused RiskScreen Search Tokens expire one year after purchase. Purchasing a new bundle of RiskScreen Search Tokens before the expiry of the remaining Search Tokens bought as part of a prior bundle will not extend the life of those other tokens.
If at the end of a period lasting one calendar year from the date on which We received payment in full for Your bundle of RiskScreen Search Tokens You still have any unused Search Tokens from that bundle, those tokens will expire, and it will no longer be possible to redeem or exchange them for any RiskScreen searches, nor will they have any residual value whatsoever.
For example, if at noon on 1 January 2017 You had purchased a bundle of 1,000 Search Tokens, and at 11.59am on 1 January 2018 You had 25 Search Tokens remaining, those tokens would expire at noon on 1 January 2018 and could not be used for any further searches.
What does my access to RiskScreen cost?
To become an Entitled User of RiskScreen You must purchase at least one bundle of RiskScreen Search Tokens. If not used, RiskScreen Search Tokens expire one year after purchase. Unexpired RiskScreen Search Tokens may be exchanged for searches conducted on the RiskScreen tool versions 2.2 and above (not including RiskScreen Pro) at a ratio of one Search Token to one Completed Search.
Unexpired RiskScreen Search Tokens may be exchanged for searches conducted on the RiskScreen Pro tool at a ratio of ten Search Tokens to one RiskScreen Pro Completed Search.
KYC Global Technologies may also sell bundles of RiskScreen Pro Search Tokens. Each RiskScreen Pro Search Token may be exchanged for a RiskScreen Pro search at a ratio of one RiskScreen Pro token to one completed RiskScreen Pro search.
RiskScreen Pro Search Tokens cannot be exchanged for RiskScreen Search Tokens or used to pay for searches conducted on the RiskScreen tool versions 2.0 and above.
The cost of Your bundle of RiskScreen Search Tokens will be made clear to You on Our sign-up pages and in Your welcome email and may vary from time to time or by country. You agree to pay the fees at the rates notified to You at the time You purchase Your bundle.
Payment can be made using all major credit or debit cards, by bank transfer and via PayPal. Where relevant, currency conversion values may fluctuate and conversion fees may be charged by Your bank. By submitting payment details to Us, You promise that You are entitled to purchase access to RiskScreen using those payment details.
We reserve the right to change fundamental details of the service which We provide with 30 days’ notice and affected Users may terminate their access to RiskScreen within this notice period.
Can I grant access to other Users?
Entitled Users are permitted to grant access to RiskScreen to as many Assigned Users as they wish, subject to the conditions below.
Assigned Users are permitted to conduct searches in RiskScreen provided they first agree to all of the Terms set out in this Agreement.
Payment to RiskScreen for the Assigned User’s searches is made by using Search Tokens owned by the Entitled User who granted access to the Assigned User concerned. The cost of performing searches in RiskScreen is the same for an Assigned User as for an Entitled User.
Under no circumstances may an Entitled User resell access to RiskScreen to an Assigned User or otherwise charge an Assigned User for granting access to RiskScreen, or profit from that access. Nor may an Assigned User sell access to or the results of RiskScreen searches, or profit from that access.
Assigned Users must be bona fide directors, employees, contractors or associates of the same legal entity as employs, contracts with or is directed by the Entitled User.
The provision of Assigned User access to RiskScreen to clients or prospective clients of the Entitled User or of the legal entity of which the Entitled User is a director, employee or associate is strictly prohibited.
How can I cancel?
You cancel Your access by sending an email to Us at firstname.lastname@example.org from Your registered email address
When cancelling Your access to RiskScreen, please state the following information in Your email:
- That You would like to cancel Your access to RiskScreen and stating that this is a notice of cancellation;
- When You last purchased a bundle of RiskScreen Search Tokens; and
- Your name and address.
Can I get a refund if I cancel?
If You cancel Your access to RiskScreen within 14 days of the start of Your access, and You have not used any Search Tokens, We will refund any payments received from You using the same method of payment that You used to purchase Your bundle of Search Tokens.
You will not be entitled to a refund of Your initial payment if You cancel after the first 14 days of the start of Your access to RiskScreen, or if You have used any Search Tokens
How can We change these Terms?
We may amend these Terms at any time to ensure that We remain compliant with relevant laws and regulations or for any other reason whatsoever. If We make any important changes to these Terms We will notify You by email or by notice on the RiskScreen website.
What happens if I default on a payment?
If You default on any payment, We may:
- terminate Your access to RiskScreen;
- charge You for any Search Tokens which You have used for which You have not paid;
- send Your details to third party debt collectors; and/or
- take any action which is necessary in Our opinion to recover Our losses.
If Your access to RiskScreen has been terminated and You would like to regain access, We have the right to require payment in full of any outstanding amount owed to Us before granting You access.
How do I make a complaint?
If You would like to get in touch with Us to make a complaint, please use one of the following options:
- by email, please email Us on email@example.com;
- by post to RiskScreen User Services at 95-97 Halkett Place, St Helier, Jersey, JE1 1BX, GB.
Is there anything else I should know?
We may at any time and at Our sole discretion, terminate Your access to RiskScreen upon reasonable notice, and upon no notice where We believe that We have serious grounds to terminate (for example, for non-payment or breach of these terms).
We may screen Your name and address against credit reference and fraud prevention databases when We decide whether or not to accept Your application for access to RiskScreen. By providing Us with Your details, You confirm that We may carry out these checks. If We do not accept Your application for access to RiskScreen, We will terminate Your access and reimburse any payment that You have made.
In addition to these standard access terms, You will also be subject to any specific terms relating to the offers made available to Our Users from time to time. If You are found to be abusing the terms of any of Our offers, We have the right to suspend and/or terminate Your access to RiskScreen and/or offer agreement with Us.
SCHEDULE 3 – PRIVACY AND DATA PROTECTION
By becoming an Entitled User of RiskScreen, You agree that We may in Our discretion publicise the fact of Your usage of RiskScreen in marketing or advertising communications made by or on behalf of the KYC Global Technologies, including by use of Your logos, names, trademarks and brand imagery, provided that We do not attribute any endorsement to You other than the bare fact of Your usage of Our services, without Your prior written consent.
1. Additional definitions
“Data Processor” means in relation to personal data, means any person (other than an employee of the data controller) who processes the data on behalf of the Data Controller;
“Data Security Breach” means the unauthorized acquisition, access, use or disclosure of unencrypted RiskScreen Data that compromises the security or privacy of such data to the extent the compromise poses a significant risk of financial, reputational, or other harm to the Individual. A Data Security Breach is deemed not to have occurred where there has been an unintentional acquisition, access or use of unencrypted RiskScreen Data by an employee of You or an individual acting under their respective authority, if the acquisition, access, or use of RiskScreen Data was made in good faith and within the course and scope of the employment or professional relationship of such employee or other individual; and the Risk & Compliance Data are not further acquired, accessed, used or disclosed by any person;
“Process,” “Processing,” or “Processed” means any operation or set of operations that is or may be performed upon personal data in relation to or as a result of this Agreement, whether or not by automatic means, including, but not limited to, collection, recording, organization, storage, access, transmission, adaptation, alteration, retrieval, consultation, use, disclosure, dissemination, making available, alignment, combination, blocking, disposal, deleting, erasure, or destruction.
“RiskScreen Data” means the Personal Data, as defined in the UK Data Protection Act 1998 and its subsequent amendments, included in the RiskScreen Service;
“User Request” means any request made by You to Us as part of the RiskScreen Services; and
“User Service Report” means any report delivered by RiskScreen to You servicing a User Request.
1.1 Each Party agrees that:
- RiskScreen is solely responsible for the Processing of RiskScreen Data in the context of operating, maintaining and improving the RiskScreen Services, including:
- RiskScreen shall ensure that such RiskScreen Data is appropriately secure consistent with industry standards having regard to the state of the art and the costs of implementation. While RiskScreen’s Licensors will use their reasonable efforts to ensure that the RiskScreen Data is complete, RiskScreen does not warrant that the RiskScreen Service(s) includes a complete or accurate archive of every public figure or their associates, or news events in each country. RiskScreen’s Licensors do not imply any negative inferences about Data Subjects or entities referred to within the RiskScreen Data merely due to their inclusion within the RiskScreen Service.
- The Parties are jointly responsible for the Processing of RiskScreen Data for the purpose of servicing User Requests, whereby the Parties agree that the responsibilities are divided between the Parties as follows:
- RiskScreen is responsible for the security and data transfer obligations in respect of the Processing of the RiskScreen Data for the purpose of servicing User Requests, which include responsibility for:
- maintaining security for the Processing of RiskScreen Data for the purpose of servicing User Requests, consistent with industry standards having regard to the state of the art and the costs of implementation; and
- ensuring data transfer mechanisms are in place where RiskScreen Data is transferred out of the EEA for the purpose of servicing User Requests.
- You are responsible for the material compliance of the User Requests, User Report, and any onward transfer of information in User Reports with Applicable Data Protection Law, which includes responsibility for:
- informing Data Subjects to whom the User Request relates, and obtaining their consent, if applicable;
- obtaining any other required approvals from a regulatory or supervisory authority;
- responding to any access and correction requests of Data Subject(s) to whom the User Requests relates;
- determining the scope of the data included in the report; and
- any further Processing or onward transfer by You of the RiskScreen Data made available to You in the User Service Report.
- You shall ensure that the RiskScreen Data is used only for the following purposes (the “Purposes”):
- assisting in complying with legal duties and regulations which apply to You or Your Affiliates;
- performing a statutory role as a Governmental organization;
- performing law enforcement duties; or
- if You are Processing special categories of data, including personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, the commission or alleged commission of any offence and the related disposition or sentence, and the Processing of data concerning health or sex life (“Sensitive Data”), You shall only Process it for the purpose of preventing fraud or a particular kind of fraud.
- RiskScreen is responsible for the security and data transfer obligations in respect of the Processing of the RiskScreen Data for the purpose of servicing User Requests, which include responsibility for:
1.2 Compliance. In addition to their respective obligations under Section 2.1 above, each Party shall comply with its respective obligations under Applicable Data Protection Law.
1.3 Security. RiskScreen shall implement appropriate technical, physical and organizational security measures consistent with industry standards having regard to the state of the art and the costs of implementation to protect RiskScreen Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access and against all other forms of unlawful Processing. You shall implement and be responsible for appropriate technical, physical and organizational security measures to protect Your equipment (including mobile devices used by Your staff to access the Service) and ensure secure access of Your staff to the Service.
1.4 Access by third parties. RiskScreen will have in place procedures so that any third party it authorizes to have access to RiskScreen Data, including Data Processors, will respect and maintain the confidentiality and security of the RiskScreen Data. Any person acting under the authority or on behalf of RiskScreen may only Process RiskScreen Data on instructions from RiskScreen. This provision does not apply to persons authorized or required by law or regulation to have access to RiskScreen Data.
1.5 Inspection or audits by public authorities. The Parties shall submit their relevant Processing systems, facilities and supporting documentation to an inspection or audit relating to the Processing by a competent public authority if this is necessary to comply with a legal obligation. In the event of any inspection or audit, each Party shall provide all reasonable assistance to the other Party in responding to that inspection or audit. If a competent public authority deems the Processing in relation to the Agreement unlawful, the Parties shall take immediate action to ensure future compliance with Applicable Data Protection Law.
1.6 Notification of non-compliance and right to suspend or terminate. Each Party shall promptly notify the other Party if it: (a) cannot for any reason comply with its obligations under this Section 1; or (b) becomes aware of any circumstance or change in Applicable Data Protection Law that is likely to have a substantial adverse effect on such Party’s ability to meet its obligations under this Section 1.
1.7 Notice of disclosures. Each Party shall provide timely notice to the other Party if: (a) it receives an inquiry, a subpoena or a request for inspection or audit from a competent public authority relating to the Processing; or (b) it intends to disclose a User Service Report to any competent public authority, to the extent legally possible.
1.8 Security Breach. RiskScreen shall provide timely notice to You if it confirmed that a Data Security Breach has occurred in respect of a User Request and shall take adequate remedial measures as soon as possible as required by applicable law. You shall provide timely notice to RiskScreen if You detect or become aware that a Data Security Breach has occurred in respect of the Processing of RiskScreen Data and shall take adequate remedial measures as soon as possible.
1.9 Data Deletion. Upon Your written request, or upon termination of the Agreement (if earlier), RiskScreen shall securely delete User Service Reports pertaining to your access to RiskScreen, except to the extent this Agreement or Applicable Data Protection Law provides otherwise. You may require RiskScreen to promptly confirm and warrant that RiskScreen has complied with its obligations under this Section 1.
1.10 Suspension. Without prejudice to the termination provisions in the Agreement, each Party is entitled to temporarily suspend the Processing in whole or in part if such Party is unable to meet its obligations under this Section 1, until such time that the non-compliance is remedied. To the extent such remedy is not available, such Party is entitled to terminate the relevant part of the Processing with immediate effect.