* Please read and accept the T&C at the bottom.

DTA TERMS AND CONDITIONS

This Agreement is between the User (“Client”) and INFOCREDIT GROUP LIMITED (Registration no. HE4404) a company organized and registered under the Laws of the Republic of Cyprus, having its registered address at 5A Hadjigeorgiou Philippou, 2006, Acropolis, Nicosia, hereinafter collectively referred to as the “Parties”.

  1. OBLIGATIONS

The Client hereby instructs Infocredit to provide the Service, and Infocredit hereby agrees to provide the Service subject to and in accordance with the Terms and Conditions. The Client shall have no legal obligations towards Infocredit and Infocredit shall have no legal obligations towards the Client, other than as specifically stated in this Terms and Conditions. Infocredit shall at all times act as an independent contractor. This Terms and Conditions shall not be described by the Parties or construed to establish any different relationship, including, without limitation, that of employer and employee, partnership, joint venture or agency of any kind. Infocredit has the right to amend these Terms and Conditions at any time and will be effective immediately upon posting, where Infocredit will take reasonable steps to inform the Customer about this change.

  1. USE OF INFORMATION AND CONFIDENTIALITY

All information provided by Infocredit under these Terms and Conditions shall be confidential and shall not otherwise than pursuant unless pursuant to a statutory duty or court order be communicated, copied or otherwise divulged to any other person or party whatsoever. The Client undertakes to use any report or item of information supplied by Infocredit only to assist in making a business decision and not as the sole basis for any such decisions and all information is meant for the Client to use for its own business. Any abuse of the system, suspected or detected, will mean termination of services provided under this Terms and Conditions. The Client is responsible for informing its employees that will be using the system regarding the relevant clauses for the use of information and confidentiality; and to immediately notify Infocredit Group of any change of address of its operation.

  1. LIABILITY

Reports and information provided to the Client upon Client’s instructions may in whole or part represent data supplied by third parties, and Infocredit shall take every reasonable step to ensure that personal data are accurate and, where necessary, kept up to date. Infocredit will accept no liability for any errors therein or omissions therefrom except when the acts or omissions are a result of willful misconduct or gross negligence of Infocredit and is adjudged to be liable for these.

All times and dates quoted for delivery of any report and / or information are estimates only and Infocredit shall not be liable for any loss or damage arising from the delay or failure itself or its officers or employees in procuring, presenting, communicating or otherwise providing the reports and / or information. Infocredit shall not be liable for any loss or damage whatsoever as a result of the Client’s use of the report and / or information, including any loss suffered by the Client as a result of any claim by the subject of any such report and / or information or other third parties or for any reason howsoever arising.

The client is liable for any misusage of the system conducted by its employees. Any misusage should be reported immediately to Infocredit. In case of change in employees that are users of the system the client should report it to Infocredit prior to the last date of the employee, so that the user is disabled and new access codes are created to a new user that the client will appoint. The Client is not authorized to make copies of Infocredit databases, connect them to any outside database or process them in any other way without prior written agreement with Infocredit.

  1. INDEMNITY

The Client shall indemnify Infocredit in respect of any loss or damage whatsoever (including costs and any necessary payments made in order to settle or compromise any claim) which it or they may suffer or incur directly or indirectly from any breach of these Terms and Conditions by the Client or by the Client’s employees, agents or by any other party acting through or with the Client to the limit of the cost of the purchased services.

  1. PAYMENT

The fee payable by the Client shall be in accordance with the quoted rate on Infocredit’s websites and Systems which, along with the VAT shall be due within 15 days from the date that the invoice is received by the Client. Payment shall be made in full without any discounts, unless otherwise stated. If payment in full is not made on the due date interest shall accrue on the outstanding amount from the date payment becomes due from day to day until the payment is received at a rate of 8% and shall accrue at such a rate after as well as before any judgment. Bank or any additional charges will burden by the Client.

  1. Representations and Warranties

Infocredit hereby represents and warrants that it has the ability and the qualifications to perform its obligation under this Terms and Conditions and has taken all necessary actions for the purpose of such execution and performance. Its obligations constitute its legal, valid and binding obligations enforceable in accordance with their terms and will be performed with reasonable care and skill and to the best of its ability. It undertakes the obligation to disclose any development which may have a material impact on its ability to carry out the Service provided effectively and in compliance with applicable laws and regulatory requirements. It adopts all means to ensure that no explicit or potential conflicts of interest with the Company that may impair the provision of the Service provided exist.

  1. DURATION OF THE TERMS AND CONDITIONS

This Terms and Conditions shall remain in force for a period of one (1) year from the time the user have access or purchase a product and shall be automatically extended from year to year unless the user delete their account or Infocredit withdraws access to the user.

  1. TERMINATION

Infocredit may terminate this terms and conditions if for any reason is unable to continue supporting the service (or any part of it) or making available to the Client, or if the Client fails to pay any invoice for Infocredit’s charges hereunder without good cause, fails to remedy any breach of this Terms and Conditions within 30 days of receipt of notice of that breach, ceases to pay its debts as they fall due, or ceases in business, or goes into receivership or voluntary liquidation winding up or bankruptcy proceedings are commenced in respect of it.

The Client has a right to terminate the Terms and Conditions at any time, however even after the termination the user is still obligated to be governed by them.

  1. FORCE MAJEURE

Parties shall not be liable for any default due to any act of god, war, strike, lock-out, industrial action, fire, flood, drought, tempest or other event beyond its reasonable control.

  1. ASSIGNMENT

This Terms and Conditions shall not be assigned or transferred without the prior written consent of all Parties hereto.

  1. WAIVER

Failure by either Party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.

  1. PERSONAL DATA

The Client and Infocredit shall be in full compliance with their obligations under Article 28 of the GDPR with regards to the processing of personal data.

  1. ENTIRE TERMS AND CONDITIONS

The Terms and Conditions constitutes the entire agreement between the Parties on all issues to which are referred. Their content cancels and supersedes all previous written or oral commitments and undertakings.

  1. NOTICES

All notices or any other communications to be given or made hereunder for the purposes of this Terms and Conditions shall be given via electronic communications to such representatives of the Parties and at the e-mail addresses as indicated here below and shall be considered as effective from the date that it is received by the other Party.

  1. JURISDICTION AND GOVERNING LAW

This Terms and Conditions shall be governed construed and enforced in accordance with the laws of the Republic of Cyprus and both Parties hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Republic of Cyprus.

AGREEMENT ON PROCESSING OF PERSONAL DATA

This Data Transfer Agreement (the “DTA“) is between the User (“Client”) and Infocredit (“Servicer”), hereinafter collectively referred to as the “Parties”.

WHEREAS the Parties wish to transfer personal data further to the Agreement between the parties in conformity with the requirements of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (the “GDPR”),

The details of the transfer as well as the personal data covered are specified in Annex B, which forms an integral part of the clauses.

  1. Obligations of the data exporter

The data exporter warrants and undertakes that:

  1. The personal data have been collected, processed and transferred in accordance with the laws applicable to the data exporter.

  2. It has used reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses.
  3. It will provide the data importer, when so requested, with copies of relevant data protection laws or references to them (where relevant, and not including legal advice) of the country in which the data exporter is established.
  4. It will respond to enquiries from data subjects and the authority concerning processing of the personal data by the data importer, unless the parties have agreed that the data importer will so respond, in which case the data exporter will still respond to the extent reasonably possible and with the information reasonably available to it if the data importer is unwilling or unable to respond. Responses will be made within a reasonable time.
  5. It will make available, upon request, a copy of the clauses to data subjects who are third party beneficiaries under clause III, unless the clauses contain confidential information, in which case it may remove such information. Where information is removed, the data exporter shall inform data subjects in writing of the reason for removal and of their right to draw the removal to the attention of the authority. However, the data exporter shall abide by a decision of the authority regarding access to the full text of the clauses by data subjects, as long as data subjects have agreed to respect the confidentiality of the confidential information removed. The data exporter shall also provide a copy of the clauses to the authority where required.
  1. Obligations of the data importer

The data importer warrants and undertakes that:

  1. It will have in place appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.
  2. It will have in place procedures so that any third party it authorises to have access to the personal data, including processors, will respect and maintain the confidentiality and security of the personal data. Any person acting under the authority of the data importer, including a data processor, shall be obligated to process the personal data only on instructions from the data importer. This provision does not apply to persons authorised or required by law or regulation to have access to the personal data.
  3. It has no reason to believe, at the time of entering into these clauses, in the existence of any local laws that would have a substantial adverse effect on the guarantees provided for under these clauses, and it will inform the data exporter (which will pass such notification on to the authority where required) if it becomes aware of any such laws.
  4. It will process the personal data for purposes described in Annex B, and has the legal authority to give the warranties and fulfil the undertakings set out in these clauses.
  5. It will identify to the data exporter a contact point within its organisation authorised to respond to enquiries concerning processing of the personal data, and will cooperate in good faith with the data exporter, the data subject and the authority concerning all such enquiries within a reasonable time. In case of legal dissolution of the data exporter, or if the parties have so agreed, the data importer will assume responsibility for compliance with the provisions of clause I(e).
  6. At the request of the data exporter, it will provide the data exporter with evidence of financial resources sufficient to fulfil its responsibilities under clause III (which may include insurance coverage).
  7. Upon reasonable request of the data exporter, it will submit its data processing facilities, data files and documentation needed for processing to reviewing, auditing and/or certifying by the data exporter (or any independent or impartial inspection agents or auditors, selected by the data exporter and not reasonably objected to by the data importer) to ascertain compliance with the warranties and undertakings in these clauses, with reasonable notice and during regular business hours. The request will be subject to any necessary consent or approval from a regulatory or supervisory authority within the country of the data importer, which consent or approval the data importer will attempt to obtain in a timely fashion.
  8. It will process the personal data, at its option, in accordance with:
    1. the data protection laws of the Republic of Cyprus, or
    2. the relevant provisions of any Commission decision pursuant to Article 45 of the General Data protection Regulation, where the data importer complies with the relevant provisions of such an authorisation or decision and is based in a country to which such an authorisation or decision pertains, but is not covered by such authorisation or decision for the purposes of the transfer(s) of the personal data, or
    3. the data processing principles set forth in Annex A.
  9. It will not disclose or transfer the personal data to a third party data controller located outside the European Economic Area (EEA) unless it notifies the data exporter about the transfer and
    1. the third party data controller processes the personal data in accordance with a Commission decision finding that a third country provides adequate protection, or
    2. the third party data controller becomes a signatory to these clauses or another data transfer agreement approved by a competent authority in the EU, or
    3. data subjects have been given the opportunity to object, after having been informed of the purposes of the transfer, the categories of recipients and the fact that the countries to which data is exported may have different data protection standards, or
    4. with regard to onward transfers of sensitive data, data subjects have given their unambiguous consent to the onward transfer
  1. Liability and third party rights
  1. Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law.
  2. The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the Republic of Cyprus. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within one month, the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses.
  1. Law applicable to the clauses

These clauses shall be governed by the law of the Republic of Cyprus.

  1. Resolution of disputes with data subjects or the authority
  1. In the event of a dispute or claim brought by a data subject or the authority concerning the processing of the personal data against either or both of the parties, the parties will inform each other about any such disputes or claims, and will cooperate with a view to settling them amicably in a timely fashion.
  2. The parties agree to respond to any generally available non-binding mediation procedure initiated by a data subject or by the authority. If they do participate in the proceedings, the parties may elect to do so remotely (such as by telephone or other electronic means). The parties also agree to consider participating in any other arbitration, mediation or other dispute resolution proceedings developed for data protection disputes.
  3. Each party shall abide by a decision of a competent court of the data exporter;s country of establishment or of the authority which is final and against which no further appeal is possible.
  1. Termination
  1. In the event that the data importer is in breach of its obligations under these clauses, then the data exporter may temporarily suspend the transfer of personal data to the data importer until the breach is repaired or the contract is terminated.
  2. In the event that:
    1. the transfer of personal data to the data importer has been temporarily suspended by the data exporter for longer than one month pursuant to paragraph (a);
    2. compliance by the data importer with these clauses would put it in breach of its legal or regulatory obligations in the country of import;
    3. the data importer is in substantial or persistent breach of any warranties or undertakings given by it under these clauses;
    4. a final decision against which no further appeal is possible of a competent court of the data exporter;s country of establishment or of the authority rules that there has been a breach of the clauses by the data importer or the data exporter; or
    5. a petition is presented for the administration or winding up of the data importer, whether in its personal or business capacity, which petition is not dismissed within the applicable period for such dismissal under applicable law; a winding up order is made; a receiver is appointed over any of its assets; a trustee in bankruptcy is appointed, if the data importer is an individual; a company voluntary arrangement is commenced by it; or any equivalent event in any jurisdiction occurs
    then the data exporter, without prejudice to any other rights which it may have against the data importer, shall be entitled to terminate these clauses, in which case the authority shall be informed where required. In cases covered by (i), (ii), or (iv) above the data importer may also terminate these clauses.
  1. Either party may terminate these clauses if (i) any Commission positive adequacy decision under Article 45 of the GDPR is issued in relation to the Russian Federation (or a sector thereof) to which the data is transferred and processed by the data importer, or (ii) GDPR) becomes directly applicable in the Russian Federation.
  2. The parties agree that the termination of these clauses at any time, in any circumstances and for whatever reason (except for termination under clause VI(c)) does not exempt them from the obligations and/or conditions under the clauses as regards the processing of the personal data transferred.
  1. Variation of these clauses

The parties may not modify these clauses except to update any information in Annex B, in which case they will inform the authority where required. This does not preclude the parties from adding additional commercial clauses where required.

  1. Description of the Transfer

The details of the transfer and of the personal data are specified in Annex B. The parties agree that Annex B may contain confidential business information which they will not disclose to third parties, except as required by law or in response to a competent regulatory or government agency, or as required under clause I(e). The parties may execute additional annexes to cover additional transfers, which will be submitted to the authority where required. Annex B may, in the alternative, be drafted to cover multiple transfers.

ANNEX A

DATA PROCESSING PRINCIPLES

  1. Purpose limitation: Personal data may be processed and subsequently used or further communicated only for purposes described in Annex B or subsequently authorised by the data subject.
  2. Data quality and proportionality: Personal data must be accurate and, where necessary, kept up to date. The personal data must be adequate, relevant and not excessive in relation to the purposes for which they are transferred and further processed.
  3. Transparency: Data subjects must be provided with information necessary to ensure fair processing (such as information about the purposes of processing and about the transfer), unless such information has already been given by the data exporter.
  4. Security and confidentiality: Technical and organisational security measures must be taken by the data controller that are appropriate to the risks, such as against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, presented by the processing. Any person acting under the authority of the data controller, including a processor, must not process the data except on instructions from the data controller.
  5. Rights of access, rectification, deletion and objection: As provided in Section 2 and Section 3 of the GDPR, data subjects must, whether directly or via a third party, be provided with the personal information about them that an organisation holds, except for requests which are manifestly abusive, based on unreasonable intervals or their number or repetitive or systematic nature, or for which access need not be granted under the law of the country of the data exporter. Provided that the authority has given its prior approval, access need also not be granted when doing so would be likely to seriously harm the interests of the data importer or other organisations dealing with the data importer and such interests are not overridden by the interests for fundamental rights and freedoms of the data subject. The sources of the personal data need not be identified when this is not possible by reasonable efforts, or where the rights of persons other than the individual would be violated. Data subjects must be able to have the personal information about them rectified, amended, or deleted where it is inaccurate or processed against these principles. If there are compelling grounds to doubt the legitimacy of the request, the organisation may require further justifications before proceeding to rectification, amendment or deletion. Notification of any rectification, amendment or deletion to third parties to whom the data have been disclosed need not be made when this involves a disproportionate effort. A data subject must also be able to object to the processing of the personal data relating to him if there are compelling legitimate grounds relating to his particular situation. The burden of proof for any refusal rests on the data importer, and the data subject may always challenge a refusal before the authority.
  6. Sensitive data: The data importer shall take such additional measures (e.g. relating to security) as are necessary to protect such sensitive data in accordance with its obligations under clause II.
  7. Data used for marketing purposes: Where data are processed for the purposes of direct marketing, effective procedures should exist allowing the data subject at any time to “opt-out” from having his data used for such purposes.
  8. Automated decisions: For purposes hereof “automated decision” shall mean a decision by the data exporter or the data importer which produces legal effects concerning a data subject or significantly affects a data subject and which is based solely on automated processing of personal data intended to evaluate certain personal aspects relating to him, such as his performance at work, creditworthiness, reliability, conduct, etc. The data importer shall not make any automated decisions concerning data subjects, except when:
    1. (i) such decisions are made by the data importer in entering into or performing a contract with the data subject, and
      (ii) (the data subject is given an opportunity to discuss the results of a relevant automated decision with a representative of the parties making such decision or otherwise to make representations to that parties.
      or
    2. where otherwise provided by the law of the data exporter.

ANNEX B

DESCRIPTION OF THE TRANSFER

Data Subjects

The personal data transferred concern the following categories of data subjects:

  • Shareholders & Directors of Legal Entities or any individuals that are associated with a legal entity under investigation.

Purposes of the transfer (s)

The transfer is made for the following purposes:

  • For the provision of Credit Reports and Risk Assessment to the client.

Categories of data

The personal data transferred concern the following categories of data:

  • Name and Surname of the Individual
  • Nationality
  • Address
  • Date/Year of Appointment
  • ID no.

Recipients

The personal data transferred may be disclosed only to the following recipients or categories of recipients:

  • Customers and prospect customers of the client
  • Suppliers of the Client

Sensitive data

The personal data transferred concern the following categories of sensitive data:

NO Sensitive Data are being transferred

Additional useful information (storage limits and other relevant information)

  • Personal data collected by the parties will be stored for life, unless they concern sensitive data

Contact points for data protection inquiries for Data exporter

[email protected]