Terms of Use Content
TERMS AND CONDITIONS OF USE OF THE METRICITY PLATFORM – KNOW YOUR CLIENT
1. Definitions of Terms
- 1.1. “Provider” of the Metricity platform – Know your client is the company Siteh Doo Skopje, a company for computer programming, information technology and consulting services, with its registered office at ul. Mitropolit Teodosij Gologanov no. 54/1-4 Skopje – Centar, Centar with tax number 4080017565255 The Provider has the capacity of a controller of the collection of personal data according to the regulations on personal data protection.
- 1.2. “Orderer” is the orderer of the Metricity platform – Know your client.
- 1.3. “Organization” means the first registration that the Orderer, a legal entity, has registered in the platform. When registering the Organization, the Client also creates the first User of the Organization who has all the rights arising from the subscription in the platform. The first User can also create other Users of the Organization, who will have access to the profile of the Client Profiles and he does so at his own will and is fully responsible for the same.
- 1.4. By "User of the Organization" we mean all employees or authorized persons of the Client who can access the platform. These persons will be able to log in and use all the functionalities in the platform. The Organization also represents a User, and all Users are managed as Managers of the Organization.
- 1.5. By "Client Profile" we mean all data of the Client. This data is entered by the Users of the Organization and the users authorized by him, in the profile or profiles created by them.
- 1.6. Intellectual property rights are those rights that are qualified as such by the definitions given by the various legal systems throughout the world, whether they are legal systems or definitions derived from Common Law systems and are therefore legally recognized, and in particular:
- Protected rights, patents, trade secrets, trade secrets, trade secrets, know-how or know-how, trademarks, patents, inventions, designs, logos, trade dress, moral rights (i.e. copyright), disguised words, slogans and other advertising formulas and derivatives of any form, used for professional commercial purposes and any other form of private intangible rights
- 1.7. Customer data - client profiles are the data that the customer has provided with the consent of the personal data subject, namely: - Name - Surname - Father's name - EMBG - Date and place of birth - Country and place of birth - Address of residence - ID card number - Issuing authority - Expiration date - Country of ID card - Passport number - Country of passport - Expiration date - Contact address - Telephone - Email - Work status - Employer - Employer's address - Employer's activity - Products used - Distribution channel This data is provided by the customer in accordance with the law on the prevention of money laundering and financing of terrorism, and based on a concluded Agreement between the customer and the provider, this data is forwarded to the Metricity - Know your customer platform, either within the framework of storing the customer's data or within the framework of using the Metricity - Know your customer platform.
- 1.8. The Client stores the data in the Metricity – Know Your Client platform based on a concluded agreement with the Provider. Storing the Client’s data means storing the data from point 1.7
- 1.9. Subscription is the price of the services, which the Client pays to the Provider based on the Service Agreement.
2. The Metricity – Know Your Client platform offers a software application as a service through which measures and actions are taken to prevent money laundering and terrorist financing in accordance with the Law on the Prevention of Money Laundering and Terrorist Financing. The Organization applies these measures and actions to its Client Profiles.
- 2.1. Through this platform, the Client can:
Check whether the Client Profiles are on: OFAC Sanctions List, EU Sanctions List, United Nations Sanctions List, United Kingdom Sanctions List and FinCEN Sanctions List. - To check lists of Public Officials, Negative News and Convicted Persons - To check a list of countries in accordance with FATF - Operational Group for Determining Actions for the Prevention of Money Laundering and Financing of Terrorism - To identify the Client Profile, in accordance with Article 16 of the Law on the Prevention of Money Laundering and Financing of Terrorism - To prepare an assessment of the risk of money laundering and financing of terrorism, in accordance with Article 10 of the Law on the Prevention of Money Laundering and Financing of Terrorism, taking into account the risk factors relating to: the client; • countries or geographical areas; • products, services or transactions and • distribution channels a.
- 2.2. For prices, users should read on the website in the Prices section - http://metricity.mk/price ( + possible related pages ).
- 2.3. Software as a Service Service and Prices for use will be regulated in the Agreement for use of the software platform Metricity - Meet your client ("Service").
3. Minimum hardware requirements
To use the platform, Users need to have a computer with an internet connection. Users are responsible for the speed of their internet connection, and are aware that for good use it is necessary to have a fast internet connection without interruptions and a solid flow. The platform supports all standard internet browsers.
4. Special provisions for personal data
- 4.1. The Client agrees that the provider may, within the framework of the Service, collect and use all personal data received from the Client based on the Agreement for Use of the Software Platform Metricity - Meet your Client.
- 4.2. The provider of the Metricity-Meet Your Client platform has no insight into the data that the client enters, stores, or processes in the platform.
- 4.3. The client guarantees to the provider that all personal data that it forwards to it are collected in accordance with the applicable legislation in the Republic of Macedonia on the prevention of money laundering and terrorist financing and that the persons to whom this data refers are informed about the processing of data in the Metricity-Meet Your Client platform
- 4.4. When the client or the person to whom the personal data refers wants to ensure the exercise of the rights of the individual in relation to personal data in accordance with the applicable legislation in the Republic of Macedonia on the protection of personal data, he must submit an appropriate request to the provider of the Metricity-Meet Your Client platform, to which the platform provider must respond within 30 (thirty) days. The provider of the MetricityMeet your client platform may not refuse the requests from this paragraph, unless there are valid reasons for doing so.
5. Handling of the customer's data
- 5.1. The use of the platform and access to the customer's data are enabled only by entering a username and password containing at least 8 (eight) characters, at least 1 (one) capital letter and at least 1 (one) special character
- 5.2. The platform provider keeps system logs for the use of the platform, the extraction of sources and access to the customer's data. The system logs automatically record the name of the customer, the computer business unit of access, date and time of access, the type of customer's data that the customer accessed, as well as the methods of processing the customer's data. The system log also records any attempt to unauthorized access to the customer's data or use the platform.
- 5.3. The platform performs automated processing of the customer's data, whereby the automated processing using the platform's functionality is initiated by the customer himself, and the provider of the Metricity-Meet Your Client platform has no influence. The types of automated processing of the customer's data performed by the Metricity-Meet Your Client platform are the following: collection, acquisition, recording, editing, storage, adaptation or modification, inspection, use, disclosure by transmission, communication, dissemination or otherwise making available, classification or linking, blocking, anonymization, deletion or destruction.
- 5.4. The customer bears sole responsibility for the data within the Service through the Metricity-Meet Your Client platform being forwarded on an appropriate legal basis. The Provider of the Metricity-Meet Your Client platform is in no way liable to the Client or third parties if the Client forwards personal data, business secrets or other data without authorization or without an appropriate legal basis or in violation of applicable law.
- 5.5. The Provider of the Metricity-Meet Your Client platform guarantees to the Client that the Client's data in the platform is separated from the data of other Clients and other persons.
- 5.6. Upon expiration of the Service Agreement, as well as with a prior 30-day notice by the Provider, all Client data stored in the platform, including personal data and other data, as well as any backup or other copies located in the database, will be permanently and irretrievably deleted.
6. Updating the Metricity-Meet Your Client platform
- 6.1. The provider of the Metricity-Meet Your Client platform will update the platform at least once a year.
- 6.2. If the update of the Metricity platform is made difficult or impossible for any reason by the customer, the provider of the platform has the right in the return of the costs that will arise from the performance of the update.
- 6.3. The update based on the Service Agreement is included in the price.
7. Statement of exemption from liability of the provider of the Metricity-Know Your Client platform
- 7.1. The provider of the Metricity-Know Your Client platform, its suppliers and its contractors are in no case, in accordance with the minimum legal limitations for exemption from liability, liable to the customer or third parties for any damage caused to the customer or third parties from any change or adaptation of the Metricity-Know Your Client platform, including additional applications, which the customer or a third party has carried out on the basis of a contract or without authorization. The two types of damages excluded from the previous paragraph include, but are not limited to, reduction of property (ordinary damage), prevention of increase in property (lost profit), causing physical or mental pain or fear, as well as harm to the reputation of the legal entity (non-pecuniary damage).
8. Consequences of non-compliance with the provisions
- 8.1. If the customer violates the provisions of the Rules and Conditions for use of the Metricity-Meet Your Client platform, the platform provider may immediately disable the customer from using the Metricity-Meet Your Client platform.
- 8.2. The Metricity-Meet Your Client platform provider reserves the right to control whether the customer uses the platform in accordance with the provisions of the Rules and Conditions for use of the Metricity-Meet Your Client platform.
9. Final provisions
- 9.1. The Client is obliged to promptly respond to calls and notices of the Metricity-Meet Your Client platform provider.
- 9.2. The Client undertakes to keep the trade secrets related to the Metricity-Meet Your Client platform or the Metricity-Meet Your Client platform provider, as defined in the Law on Trade Companies, as well as other confidential information obtained during the validity of the Services Agreement, for another 1 year after the expiration of the validity of the Services Agreement.
- 9.3. The Client may not transfer the rights and obligations under the Rules and Conditions for Use of the Metricity-Meet Your Client platform, or any separate right under the Rules and Conditions for Use of the Metricity-Meet Your Client platform, to third parties without the written consent of the platform provider.
- 9.4. If any provision of the Terms and Conditions for Use of the Metricity - Meet Your Client Platform proves to be null and void, this shall not affect the validity of the other provisions which shall remain in full force and effect.
- 9.5. The Terms and Conditions for Use of the Metricity - Meet Your Client Platform constitute the entire terms and conditions for use of the Metricity - Meet Your Client Platform and supersede any other agreements relating to the subject matter of use of the Datalab Pantheon platform, unless the Terms and Conditions for Use of the Metricity - Meet Your Client Platform specify that they are supplemented by the rules of another agreement or document.
- 9.6. In the event of a dispute regarding any provision of the Terms and Conditions for Use of the Metricity - Meet Your Client Platform, the court in the Republic of Macedonia shall have jurisdiction.
Valid from: 25.11.2019
