Purpose of Use indueD
Purpose of use
IndueD is a cloud platform which is entirely devoted to Know Your Customer (“KYC”) and compliance issues. The Dow Jones Screening is offered exclusively for the following purposes:
- Performance of pre-contractual verification operations in relation to clients, suppliers, partners or any other verification for risk prevention, to meet a legal or regulatory obligation for which they are responsible, in particular regarding KYC obligations in relation to the fight against money laundering, corruption and financing of terrorism;
- Performance of operations in the context of their role as a governmental organization;
- Any subsidiary request when carrying out the aforementioned activities.
Terms and Conditions applicable to the use of the screening option in indueD through Dow Jones
1. Definitions
All capitalized terms used below but not defined shall have the meanings given to them in the MA and/or this Order as applicable.
Dow Jones: refers to the company Factiva Limited, incorporated under English law, with business address at The News Building, 1 London Bridge Street, London SE1 9GF, United Kingdom, as well as its affiliates (any company that directly or indirectly controls Dow Jones or which is under the same control as Dow Jones). Control is understood as holding the majority of the voting rights or any entity mandated by Dow Jones to apply their rights.
Dow Jones Information: refers to any information arising from a Dow Jones screening service delivered as part of the Services.
Screening Service: refers to the service delivered by D&B, enabling the Customer to access Dow Jones Information in the context of this Order.
2. Intellectual property
Dow Jones has the intellectual property rights to the Dow Jones Information, which the Customer is prohibited from violating.
Dow Jones owns all the intellectual property rights in relation to the API enabling access to the screening service and to all elements that are accessible through the screening service, including all code (both source and object code), functionality, system technology, interfaces, and all amendments and related elements. Dow Jones may take any action aimed at protecting and applying these intellectual property rights in relation to the Customer.
3. Liability - declarations
The Screening Service, as well as the Dow Jones Information, are provided as they are. D&B and Dow Jones give no guarantees regarding the Screening Service and Dow Jones Information, especially in relation to (i) the availability of the service, (ii) its suitability for the Customer’s needs, (iii) guaranteeing third-party intellectual property rights, (iv) the absence of errors, viruses or any other harmful component. In particular, the Services and Dow Jones Information do not in any manner constitute a form of advice (tax, legal or in relation to an investment) or recommendation and cannot in any case contribute to making a decision, notably in relation to an investment, regarding the data subject. The Customer uses the Screening Service and the Dow Jones Information at their own risk.
The Customer acknowledges that Dow Jones cannot be equated to a Customer Reporting Agency and that the Information delivered by Dow Jones does not constitute a Consumer Report or an Investigative Consumer Report as defined in the American state or national legislation on credit reports, in particular the “Fair Credit Reporting Act, 15 U.S.C. §1681, et seq. (FCRA)”, and is prohibited from using the Dow Jones Information for any purpose stated in the aforementioned regulations. In light of this, the Customer will be liable for any loss or damage suffered by Dow Jones and its affiliates resulting from the violation of this section by the Customer.
The features of the service may be freely modified by Dow Jones, at its sole discretion.
4. Users
The Customer commits to allow access to the Screening Service and Dow Jones Information by only the Users listed in this Order.
The Customer accepts that D&B gathers information in relation to their use of the Service to send it to Dow Jones in the context of monitoring the Service.
5. Use of the screening service
The Customer may not:
- Copy all or part of the Screening Service;
- Use the Screening Service in an excessive or abusive manner, considering the number of queries estimated in this Order;
- Perform the following operations: (i) scrape the contents of the Screening Service and the Dow Jones Information (ii) construct a database based on the Dow Jones Information; (iii) create permanent copies of content or save cached copies of content longer than permitted by the cache header. Notwithstanding point (iii), the Customer is authorised to save these elements, for archive purposes, in order to meet their legal and regulatory compliance obligations (based on passive storage, without use), on the condition that this information is stored by the relevant person and not in a “Dow Jones” file accessible to all.
- Use the Screening Service in violation of any law or regulation or the rights of any persons, including in particular intellectual property rights, the right to privacy and any other third-party right;
- Perform an action with the aim of introducing a virus, worm, error, Trojan horse, malware or any other destructive element into the Screening Service.
- Interfere or disrupt the Dow Jones Service or the networks that enable them to be accessed;
- Use the API to create, reproduce or distribute a product derived from the API with the aim of reproducing its functionalities;
- Perform reverse engineering operations or any other means aiming to obtain a source code, trade secret or know-how contained in the Screening Service;
- Act as follows or allow a third party to do so: sell, copy, loan, hire, transfer, sub-license, give or distribute the Screening Service or make it available to third parties (free-of-charge or otherwise);
- Use the Screening Service to develop products, services or environments for illegal purposes;
- Use any robot, spider, automatic website search application or any other equipment with the aim of recovering or indexing all or part of the Screening Service, interfering in any manner with its operation;
- Delete or alter any trademarks, copyright or any other intellectual property right notification, falsify or delete any copyright attribution or any other label attributing the origin or source of the element in question
6. Personal Data Protection
Dow Jones is responsible for processing the Dow Jones database in the context of operating, maintaining and improving it. Considering this, Dow Jones:
- Guarantees that the collection and processing of Dow Jones Information by Dow Jones has been done in compliance with the applicable laws and regulations. In particular, Dow Jones is responsible, if applicable, for (i) informing the data subject and/or (ii) obtaining the data subject’s consent;
- Adopts the technological, physical and organisational security measures that are appropriate in relation to current best practices and the relevant costs to protect the data from any accidental or illegal destruction, any accidental loss, alteration, disclosure or unauthorised access, or any other form of illegal processing;
- Guarantees the legality of personal data transfers outside the European Economic Area that are necessary for maintaining the Dow Jones database;
- Responds to all access and modification requests from data subjects in relation to the processing of their personal data in the Dow Jones database.
The Screening Service involves processing personal data, which may include sensitive data. The Customer acknowledges that this data processing is subject to a specific framework in relation to the personal data protection legislation and regulations. For this purpose, the Customer commits to process this data exclusively for the purposes stated in the Purpose of Use.
