Last updated: 18 October 2018
BASIS ID provides the Website, App and CRM which incorporate services including carrying out customer identification by performing know-your-customer procedure (“KYC”), anti-money laundering (“AML”) and terrorist financing screening processes to enable the use of various third-party services without having to carry out further identification or manual distribution of personal data, as well as personal data management and data protection compliance matters (“Services”).
Please read the Terms carefully as present provisions will govern your use of the Services of BASIS ID, unless governed by Subscription Terms for paid Services. Should you have any questions or comments regarding the Website, the App, CRM or the Services, please contact us at firstname.lastname@example.org.
1. GENERAL CONDITIONS OF USE
By registering an account via the Website or the BASIS ID App you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any of the provisions or any subsequent modification to set forth in these Terms, you may not access or use any of the BASIS ID Services and must revoke your BASIS ID Account (“Account”), free of charge, in the manner described below.
These Terms and Conditions will be subject to continuous review in terms of compliance with relevant legal regulations and the scope of performing the Services. BASIS ID retains the right to make changes, modifications and amendments, at our sole discretion, to present Terms and is obliged to inform the User („you“, “User”, “end-customer”). Any changes will come into force immediately after your approval, unless required by law. If a revision is material, we will provide at least 14-days-notice on the App or Website prior to any new terms taking effect. By using our Services after those revisions become effective, you agree to be bound by the revised Terms.
By agreeing to these Terms, you represent that you have full active legal capacity and contractual capacity in your state or province of residence (i.e age of majority).
2. ACCOUNT REGISTRATION
2.1. Prior to using the BASIS ID App, you must create BASIS ID Account by providing the requested information in the registration stage. Upon successful completion of the registration, application will provide you with a personal BASIS ID account.
2.2. If you register as a natural person, you may be afterwards requested to upload necessary documentation, for example for KYC and AML purposes, in order to provide services of the merchants that appointed BASIS ID to serve as their data processor (“Service Providers”).
2.3. The relationship between BASIS ID and Service Providers are governed by a separate agreement.
2.4. If you register as a legal person, you may be afterwards requested to upload your business details such as, but not limited to: incorporation date, number of employees, area of operation.
2.5. By registering an account and using any part of the Services, you agree:
2.5.1. you have carefully studied, fully understand and agree to be bound by these General Terms, including all you obligations that arise as provided herein;
2.5.2. to provide and keep the information requested by BASIS ID about you accurate, correct and complete;
2.5.3. to keep you BASIS ID account accurate and profile information updated at all times;
2.5.4. to maintain a strong password and keep it confidential together with any other information related to the security of your account;
2.5.5. to be fully responsible for all use of your account and for any actions that take place through your account, including responsibility for compliance with all applicable laws and regulations;
2.5.6. not to authorize other persons to use your account nor transfer or assign it to any other person;
2.5.7. not to use the Services for any illegal purposes, including (among else) money laundering and terrorism financing;
2.5.8. not to register more than one personal account;
2.5.10. to act in accordance with these Terms at all times.
2.6. An integral part of KYC procedure is identity verification process, which is described in the section 3 of these Terms. Upon providing the required data, the stage of automated identity verification takes place.
2.7. We reserve the right to accept or reject your account registration request without additional explanation. Registering an account via the App implies full and total acceptance of all our policies, including these Terms.
3. IDENTITY VERIFICATION OF NATURAL PERSONS
3.1. Identity Verification is a part of data processing activity which is carried out on behalf of the particular Service Provider in order to provide its services and comply to relevant laws to fight and prevent fraud.
3.2. BASIS ID Services entail carrying out a KYC procedure for trustworthy identification of each user. BASIS ID verifies the identity of the end-customer using 8 verification methods which allow to identify end-customer and collect their personal data such as, but not limited to end-customer’s full name, date of birth, gender, country of citizenship, residential address, phone number, identity documents, bank statement, biometric data, Sanctions Screening. The process of Identity Verification is explained in the Functionality Document of BASIS ID.
3.3. The KYC procedure shall be carried out based on the applicable laws, including laws regulating the anti-money laundering and prevention of terrorist financing, which establish the data that must be collected and the obligatory procedure to ensure that the user is identified.
3.4. In course of the identification process you must promptly provide the information and documentation as requested by BASIS ID. Any information and documentation you provide must be correct and up to date. If we suspect that the information or documentations you have provided are incorrect, fake, outdated or do not correspond to the conditions established in these Terms or otherwise, then in our sole discretion, we may either request you to provide additional information or reject your account registration and restrict your access to the Website, App and the Services.
3.5. You hereby authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for additional information and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources.
3.7. For the sake of safety, security and correctness of data verification, we may, in some cases, incorporate Service Providers to the process of carrying out the identification procedure.
3.8. If any of the information and/or documents you have provided to BASIS ID change, you are obliged to immediately change the information via the Website or the App. Additionally, you acknowledge that from time-to-time, BASIS ID may carry out additional assessment to confirm the data and documentation provided are up to date, in course of which you may be obliged to provide further information, reconfirm the correctness of your data or re-upload any identification documentation.
4. KYC AND SANCTIONS SCREENING
4.1. BASIS ID is committed to the highest standards of the Anti-Money Laundering compliance, PEP and Anti-Terrorist Financing and requires all of its Users and Service Providers to follow named standards. In order to prevent and avoid named actions as well as to secure and ensure safe data preservation, BASIS ID will exert a strict control over the end-customers to determine the possible sanctions imposed. The screening of the end-customer will be based on the Thomson Reuters, Dow Jones, LexisNexis, and BOC blacklists provided by the client. Please note that you may not be able to access the Services of BASIS ID nor services of the Service Providers unless you complied successfully with the KYC procedure including Sanctions Screening process.
5. BASIS ID AND THIRD-PARTY SERVICES PROVIDERS
5.1. BASIS ID provides an App and Website consolidating services of various Service Providers that provide financial or other services. BASIS ID may also present you, via the App and the Website, information relating to various third-party products or services that you may be interested in or provide you with news, recommendations, overview of your services or other material where you have given your explicit cosent to.
5.2. Upon completing the KYC procedure, you may choose which services provided by the Service Providers you want to use and register a user account with the Service Provider by following the steps provided in the App or on the Website. As a result of carrying out the KYC procedure via the BASIS ID App or Website, you do not have to carry out a further KYC with the Service Providers whose service you intend to use.
5.6. BASIS ID reserves the right to unilaterally decide which Service Providers and which of their services are accessible via the marketplace on the Website and the App and may at any time remove or add additional Service Providers. Please note the removal of a third-party service from BASIS ID will not terminate or affect the validity of any agreements that you may have with any third-party Service Providers.
5.7. You hereby fully acknowledge that BASIS ID merely consolidates various services accessible via the App or the Website and helps to carry out the KYC, facilitate data transfer, account registration and certain other communication between Users and Service Providers.
5.8. BASIS ID is not providing the services of Service Providers that are made available via the App or the Website. While BASIS ID tries to carefully choose which Service Providers are made accessible via the App and the Website, it does not endorse any of the Service Providers nor is it responsible for providing any of the services that are provided by Service Providers. BASIS ID shall not be liable for any activity or inactivity of any of the Service Providers, including the quality of such services or any damages caused by Service Providers.
5.9. In case you have incurred any damages due to actions or inactions of any Service Provider, you may submit a claim against such Service Provider subject to your agreement with the Service Provider.
5.10. BASIS ID does not provide any recommendations, assessments of performance. advice in relation to the use of any of the services of Service Providers that are made available via the App or the Website nor whether such services are suitable for the User and what are the risks relating to such services. BASIS ID encourages each User to consult with a financial advisor or other appropriate professional prior to starting to use the services of any Service Provider.
6. SERVICE PROVIDERS’ ACCESS TO YOUR DATA
6.1. The App and the Website enable you to see Services Providers whose services you have activated and manage what information about you BASIS ID is providing to each specific Service Provider. Please note that BASIS ID will only provide Service Providers information, which you have enabled the Service Provider to access based on your agreement with the Service Provider. At any time, you can change the extent of information that BASIS ID is providing to any Service Provider via the data management menu in the App and the Website.
6.2. The data management menu may enable you to reject Service Provider further access to your data and reduce or increase the extent of your data that the Service Provider can access,
6.3. Please note there can be various consequences to restricting Service Provider from processing your data, including termination or limitation of your access to the services of the Service Provider. The specific consequences are dependent on your agreement with the Service Provider. Where possible, BASIS ID will provide you an automated overview of the consequences of restricting Service Provider from processing your data.
6.5. In case of inactivity of the Service Provider in response to your request to delete the data, you have the right to authorise BASIS ID to require third-party Service Provider to delete the data. BASIS ID is obligated to provide information on actions taken without undue delay and in any event within one month of receipt the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. In case of an extension, BASIS ID will inform the User of any such extension within one month of receipt of the request, together with the reasons for the delay.
7. ACCEPTABLE USE
7.1. When using the Website, the App and/or the Services, you must not do any of the following:
7.1.1. share your account or account information with any other individual. Use of an account by more than one individual is strictly prohibited;
7.1.2. carry out any activities in course of using the Services that is illegal, libelous, defamatory, abusive, threatening, harassing, hateful, offensive, causes damage to BASIS ID or any third party or otherwise violates any law or infringes upon the right of any third party;
7.1.3. decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services, the Website and/or the App;
7.1.4. modify the software underlying the Website or the App in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Services;
7.1.5. transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, Services, Website, App, any software or hardware, or telecommunications equipment;
7.1.6. probe, scan or test the vulnerability of the Services or circumvent any security mechanism used by the Website or the App;
7.1.7. take any action that imposes an unreasonably or disproportionately large load on the infrastructure of the Website and/or Services;
7.1.8. use the Services, the Website, the App or any services of the Service Providers for any activities which are related to or facilitate money laundering and terrorist financing.
7.2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any content on the Website or the App, without express written permission by us. You hereby grant BASIS ID and its affiliates a lifetime, worldwide, irrevocable, royalty-free, non-exclusive, sublicensable right to use and reproduce any content that you post on the Website or the App for the purposes of processing and hosting the content in connection with providing the Services. This license will apply to the distribution and the storage of the content in any form, medium, or technology now known or later developed.
7.3. BASIS ID reserves the right to suspend or terminate access to its Services immediately to any User, whose activity is disrupting, causing harm to the Services infrastructure or third parties, or otherwise violates the Terms. You agree that we shall not be liable to you or any third party for any modification or termination of the BASIS ID Services, or suspension or termination of your access to the Services, except to the extent otherwise expressly set forth herein.
7.4. You agree to reimburse BASIS ID for any expenses or costs, including consequential damages that we or anyone else may incur as a result of a breach of the foregoing representations and obligations.
8. DELETION OF YOUR BASIS ID ACCOUNT
8.1. You may delete your BASIS ID Account any time by following the instructions in your profile menu on the Website or the App. Deletion will take effect immediately.
8.4. Please note that if you wish to terminate your relationship with Service Providers you may do so by directly contacting the Service Provider or, if such possibility is enabled, by terminating the relationship with the Service Provider via the App or the Website prior to deleting the BASIS ID account. See additionally points 6.4-6.5 of the present Terms.
8.5. Where the User sends the request by electronic form means, the information on deletion shall be provided by electronic means where possible, unless otherwise requested by the User.
9. YOUR PRIVACY AND COLLECTION OF DATA
9.2. In accordance to relevant regulations, BASIS ID is obligated to constantly monitor processing operations and data flows. Thus, we make our best to ensure your data is secured. In case of data breach, which may occur by technical or physical incident, BASIS ID is obligated to notify the controller without undue delay after becoming aware of a personal data breach.
9.3. In events when BASIS ID is in the role of data controller (in particular for the data necessary to create BASIS ID Account) shall without undue delay and, where feasible, not later than 72 h after having become aware of it, notify the personal data breach to the supervisory authority.
9.4. When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons (the User), BASIS ID shall communicate the personal data breach to the affected User without undue delay, except cases when:
9.4.1. BASIS ID has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption;
9.4.2. BASIS ID has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects referred to in paragraph 1 is no longer likely to materialize;
9.4.3. It would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.
10. SUSPENSION, TERMINATION, AND CANCELLATION
10.1. BASIS ID has the right to (a) suspend, restrict, or terminate your access to any or all of the Services, and/or (b) deactivate or cancel your BASIS ID Account if:
10.1.1. We are so required by a valid subpoena, court order, or binding order of a government authority; or
10.1.2. We reasonably suspect you of using your BASIS ID Account in connection with illegal, unauthorized, or improper activity; or
10.1.3. Use of your BASIS ID Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or
10.1.4. Our Service Providers (as defined below) are unable to support your use; or
10.1.5. You take any action that BASIS ID deems as circumventing the controls of BASIS ID, for certainty see point 7.1 of the present Terms.
11. INTELLECTUAL PROPERTY OF BASIS ID
11.1. All copyrights and any other intellectual property rights in relation to Website, App and/or Services shall remain the sole and exclusive property of BASIS ID and you shall have no claim to it insofar as not stated differently herein.
11.2. BASIS ID grants you personal, non-exclusive, time limited, non-transferable, non-licensable and revocable license to use the Website, App and our Services, for so long as you comply with the Terms. All rights not expressly granted in the Terms are reserved. You may use the content on the Website and the App only for your personal use in connection with the Services. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, reverse engineer, publicly display, or in any way exploit any of the software, materials or content of the Services in whole or in part, unless as prescribed otherwise in these Terms or in the App or Website.
11.3. BASIS ID may at all times and without prior notice, make functional, procedural or technical changes or improvements to the Website, App or the Services. BASIS ID is under no circumstances obliged to adjust or add any specific functionality to the Services.
12. OTHER GENERAL PROVISIONS
12.1. LIMITATION OF LIABILITY
OUR SERVICES, WEBSITE, APP AND INFORMATION ARE PROVIDED ON AN “AS IS” BASIS AND, OTHER THAN EXPRESSLY SET OUT IN THE TERMS, WITHOUT WARRANTIES OF ANY KIND. ALTHOUGH WE ARE STRIVING TO PROVIDE YOU SERVICES OF HIGHEST POSSIBLE QUALITY, WE DO NOT WARRANT THAT OUR WEBSITE, APP OR SERVICES WILL BE ERROR-FREE AND UNINTERRUPTED.
UNLESS EXPLICITLY STATED OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BASIS ID OR ITS DIRECTORS, EMPLOYEES, PARTNERS AND AGENTS, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF WEBSITE, APP AND/OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BASIS ID AND ITS DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS AND PARTNERS WILL NOT BE LIABLE FOR ANY DAMAGES THAT EXCEED 500 EUROS.
We assume no liability for non-operability or impaired accessibility to Website, App or Services caused by, for example but not limited to, technical difficulties or dependence on the services of the third parties.
BASIS ID cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. BASIS ID cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. You are solely responsible for creating backup copies of any of the information and content that you submit to BASIS ID.
Some states/jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so in such jurisdictions the above limitations or exclusions may not apply. In such case, our liability and that of its affiliates, suppliers and partners will be limited to the greatest extent permitted by law.
Please note that BASIS ID is not a financial planner, broker or tax advisor and does not provide legal, tax or financial advice. The Services are intended only to consolidate various service providers and facilitate the KYC process when using such services. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
12.3. FORCE MAJEURE
We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
If any of the provisions of the Terms proves to be void or voidable or is or becomes invalid in full or in part for any other reason, the remaining provisions of the Terms will continue to apply in full. We will replace the invalid stipulation by a stipulation that is valid and whose legal consequences, in view of the substance and purpose of the Terms, correspond as much as possible to those of the invalid stipulation.
12.5. NO WAIVER
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
13. CUSTOMER FEEDBACK, QUERIES, AND COMPLAINTS
13.1. Should you have any feedback, questions, or complaints, contact us via email at email@example.com. When you contact us please provide us with your name, address, and any other information we may need to identify you, your BASIS ID Account, and the transaction on which you have feedback, questions, or complaints.
13.2. In the event of a disagreement to any actions of BASIS ID, you have the right to file a complaint. Please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge your complaint within 72-hour time frame and inform you respectively. The Officer will consider your complaint without prejudice based on the information you have provided.
13.3. Within four weeks of our receipt of your complaint the Officer will address your complaint by sending you an e-mail (“Resolution Notice”) in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. Upon receipt of the Resolution Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Resolution Notice. Failure to respond to a Resolution Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint.
13.4. If you use our Services as a natural person, are an EU citizen and wish to submit a complaint about the Services, you may also submit the complaint via the EU online dispute resolution platform, which can be accessed here. Information on the proceedings can be also found on the foregoing webpage.
14. GOVERNING LAW
14.1. These Terms shall be governed and construed in accordance with the laws of Republic of Estonia, without regard to any choice of laws or conflicts of law provisions.
14.2. You agree that any claims arising from or related to Services shall be brought exclusively to courts located in Tallinn, Estonia and you consent to the exclusive jurisdiction of such courts.