Ekata Terms of Service

(a)            Licensor’s Business Purpose.  In accordance with this Agreement, Licensor processes Personal Data for the following Business Purposes: to provide the Services to Customer pursuant to this Agreement, to improve and develop Licensor’s products and services, to enable fraud detection and prevention, and to ensure compliance with applicable laws; and

(b)           Customer’s Business Purpose. Customer may use the Services and process Personal Data for the following Business Purpose: to receive and use Licensor Data in the context of the Services for identification verification, and in order to detect, prevent, and/or combat fraud.  

(c)            Provision of Service. 

(i) Licensor will provide application programming interface(s) or web portal access to enable Customer’s access to the Services and Licensor Data, including Insights. Licensor provides certain Services and Licensor Data by employing machine learning techniques that identify patterns in data using algorithmic models. These models leverage Licensor Data and Customer Data. When Customer submits Customer Data to the Services, Licensor may analyze, retain, and otherwise Process Customer Data in conjunction with Licensor Data and other customers’ data to create Insights to provide results to Customer’s queries or the queries of other customers, and for any other purpose permitted by law.

(ii)    In order to access the Services, Customer must enter into an Order and Customer and/or its Users may be required to create user accounts. Customer agrees that the account information provided will be accurate and complete at the time it is provided and will be maintained and updated to keep it accurate and complete. Licensor may contact Customer and require confirmation of account information before first use or continued use of the Services. Licensor reserves the right to terminate any licenses granted hereunder and to refuse to provide access to the Services if, in Licensor’s sole discretion, Licensor determines that any account information is, or appears to be, inaccurate, incomplete, or fraudulent.

(iii)   If Customer accesses the Services on a per-query basis, Customer may be charged either for the monthly minimum number of queries to which Customer agreed or the actual number of queries performed, whichever is greater.  If Customer accesses the Services on a per-seat basis, Customer will instead by charged for the number of seat licenses issued to your account during the applicable billing period, prorated for partial periods.  Licensor may limit or suspend accounts of customers who have purchased seat licenses whose accounts are used to submit queries to the Services with a volume or velocity that is inconsistent with the typical query volume or velocity of a single human user, in Licensor’s sole discretion.

(iv) If Customer engages in a preliminary data evaluation or integration test for the Services, either through an Order or by separate agreement, the start date of the paid Services ordered by Customer following such evaluation or test will be as provided in the Order. Additional terms and conditions for such evaluation or test may appear on an Order, in a separate agreement executed for this purpose, or as otherwise agreed by the Parties.

(a)              The term of the Agreement will commence on the Effective Date provided in the Order(s) incorporating these Terms of Service and will continue until the expiration or termination of such Order(s) (collectively, the “Term”). To the extent that Customer is afforded access to Services hereunder and has not completed an Order for same, this Agreement shall commence on the date Customer begins accessing the Services and shall continue until superseded by an Order or until Licensor chooses in its discretion to revoke access to the Services.

(b)             Either Party may terminate an Order upon thirty (30) days’ notice, if the other Party has breached a material obligation, representation, or warranty under these Terms of Service with respect to the provision or use of the Service or Licensor Data as provided for herein and fails to cure such breach within the thirty (30) days of receiving notice of such breach. Either Party may terminate an Order governed by these Terms of Service if the other Party (i) becomes insolvent; (ii) is declared bankrupt; (iii) is placed under receivership; (iv) makes an assignment for the benefit of creditors; (v) commences any proceedings for the winding up of its business, dissolution, or liquidation; or (vi) ceases to pay its debts as they become due.  Additionally, Licensor may terminate or suspend this Agreement or an Order, upon thirty (30) days’ notice in the event that it reasonably believes that Customer has used or accessed the Services and/or Processed Personal Data in contradiction of or beyond the scope of the Business Purpose set forth in Section 2(b) above.

(c)              In the event that Customer terminates the Agreement in accordance with Section 4(b), Licensor will refund any prepaid fees covering the remainder of Customer’s annual subscription after the effective date of termination. In the event that Licensor terminates for same, Customer shall pay any unpaid fees covering the remainder of the Term to the extent permitted by applicable law. In no event will termination relieve Customer of its obligation to pay any fees payable to Licensor for the period of the Term prior to the effective date of termination.

(d)             At any time, Licensor may terminate or suspend an Order, in its sole discretion (i) upon ninety (90) days’ notice, if Licensor discontinues the applicable Service in on or more of the countries in the Territory; or (ii) effective immediately and without prior notice, if required by applicable law or the relevant governing authority, if Licensor is required by such law or governing authority to cease providing such Service to such Customer or in one or more countries in the applicable Territory; (iii) Licensor has reason to believe that not terminating or suspending such participation would be harmful to Licensor’s goodwill or reputation; or (iv) if Licensor has received a claim or notice alleging that such Service infringes or violates a third party’s Intellectual Property Right.

(e)              The Parties agree that, unless otherwise agreed upon by the Parties or incorporated into a separate agreement, the Data Processing Agreement is terminated upon the termination of this Agreement.

(f)               Termination or expiration of the Agreement pursuant to this Section 4 shall not relieve either Party of any obligation accrued through the date of termination or expiration.

(a)              Customer shall pay to Licensor the fees (the “Fees”) specified in an applicable Order. Licensor will provide Customer with at least 60 days’ prior notice of any increase to Fees, which increases will take effect at renewal. Unless otherwise provided herein, payment obligations are non-cancelable, and fees paid are non-refundable. Minimum monthly or annual commitments prepaid cannot be decreased during the Term or rolled into any renewal Term. If Customer provides its credit card information, Customer authorizes Licensor to charge said credit card for the Services specified in an applicable Order.  To the extent that terms regarding fees, payment, and contract duration in any Order conflict with this Agreement, the terms of such Order shall control.

(b)             Customer acknowledges that the Fees are exclusive of any applicable taxes and/or duties.  Customer is responsible for any taxes and/or duties that may be levied on the provision of the Services. Customer will not be responsible for any taxes levied on Licensor’s income.

(c)              If Customer owes any Fees under an Order that are more than 45 days overdue, Licensor may, without limiting any other rights or remedies, accelerate Customer’s unpaid obligations to immediately due and payable. Licensor reserves the right to suspend Services until such amounts are paid in full or to terminate the Agreement for nonpayment.

(d)             If the price stated on an Order is determined by Licensor to be erroneous, in Licensor’s sole discretion, Licensor shall not be obligated to offer Customer access to the Services at such price.  Licensor will notify Customer of such error and afford Customer the opportunity to cancel the Order and obtain a refund if payment has already been made.

(a)                 As between Licensor and Customer, Customer owns and retains all right, title and interest in and to Customer Data. Customer grants Licensor a limited, royalty-free, non-exclusive, worldwide right and license to store, access, use, copy and create derivative works from the Customer Data. Additionally, Customer acknowledges and agrees that, as between Licensor and Customer, only Licensor may: (i) generate or derive Deidentified Data from Customer Data, and (ii) Process Deidentified Data for Licensor’s business purposes. As between Customer and Licensor, Licensor will own all rights, title, and interest in and to Deidentified Data.

(b)                Customer agrees that Licensor may Process Customer Data for as long as reasonably necessary to provide identity verification and fraud detection services through the Services.  Licensor stores Customer Data in a securely encrypted format for a longer period of time to enable Licensor to bill for the Services, to provide customer service to Customer, and to apply machine learning techniques that help Licensor identify patterns in the data. When Licensor Processes Customer Data to generate and analyze Insights, such data (i) will be pseudonymized through cryptographic hashing, (ii) will be aggregated with data from other customers of the Services, and (iii) will not be made available to any other customer. For clarity, Insights provided to Customer through the Services will not include any identifiers indicating other customers that are the source of Insights. Licensor shall have the right to transfer Customer Data to a Licensor Affiliate(s) as a third party if required for the performance and purposes hereof.

(c)                 As between Licensor and Customer, Licensor owns all right, title and interest in and to the Services and the Licensor Data, and any enhancements or modifications thereto. No rights are granted to Customer hereunder other than as expressly set forth herein. Subject to Customer’s compliance with all of the terms and conditions hereunder, and in consideration of Customer’s promises reflected herein and payment of all Fees, Licensor grants to Customer a limited, royalty-free, non-exclusive right and license to access and use the Services, as set forth in this Agreement and any Orders, during the Term.

(d)                Within sixty (60) days of the Effective Date, and on a mutually agreeable cadence thereafter, Licensor may require Customer to provide data to Licensor regarding whether and to what degree account openings and/or consumer transactions assessed through the Services were deemed fraudulent by Customer (the “Outcome Data”). Customer grants Licensor and its Affiliates a non-exclusive, non-transferable, limited license to analyze and use such Outcome Data solely to improve the fraud prevention capabilities of the Services. Licensor shall not disclose raw Outcome Data, in whole or in part, to any non-Affiliate third party. Customer shall own all rights and title in and to the Outcome Data; provided, that Licensor and its Affiliates shall have the perpetual right to use Insights derived from the Outcome Data within the Services. Customer shall provide Outcome Data to Licensor in a mutually agreed upon form, content, and method of transfer. Customer shall provide Outcome Data for each fraudulent transaction for which Customer used the Licensor Data, and such Outcome Data shall consist of at least one of the following sets of data elements: (a) outcome and transaction ID; or (b) outcome and unique customer identifier (i.e., phone and time/data stamp). Although Customer will provide the Outcome Data in a careful and workmanlike manner, Customer makes no representations or warranties, express or implied, with respect to the accuracy or completeness of the Outcome Data.

(e)                 Customer hereby grants Licensor a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, or other feedback provided by Customer relating to the Services.

(a)              Customer shall be responsible for its compliance and its Affiliates’ compliance with this Agreement and all Orders. Customer will use best efforts to prevent unauthorized access to the Services or Processing of Licensor Data, and Customer will notify Licensor without undue delay and in any event no later than 24 (twenty-four) hours after becoming aware of any such unauthorized access or Processing. Customer will use the Services and Licensor Data only to the extent permitted by this Agreement and applicable Order(s). Customer is solely responsible for ensuring that its use of the Services and Licensor Data, including the Customer’s provision of Customer Data to Licensor as contemplated in this Agreement, does not violate any laws of the applicable jurisdictions in which Customer does business and from which its use of the Services originates (collectively, the “Territory”), in particular any Privacy and Data Protection Law. Any use of the Services in breach of this Agreement by Customer, or its Affiliates, may result in Licensor’s immediate suspension of the Services. 

(b)             Customer will not collect, provide or make available to Licensor any Customer Data that is not collected or stored in accordance with applicable law and Customer’s privacy policy (or the privacy policy of Customer’s customers, if applicable). Customer represents and warrants that Customer will provide Data Subjects with all notices and obtain from them all rights and consents necessary for the provision of such data to Licensor, the Processing of such data by or on behalf of Licensor, and Customer’s use of Licensor Data pursuant to this Agreement, and Customer agrees to provide proof of same to Licensor upon request. As between Customer and Licensor, Customer is solely responsible for providing such notice and obtaining such consent. Customer also confirms and warrants that it will inform Data Subjects in particular of the transfer and storage by Licensor of their Personal Data outside the country in which it was collected (e.g., transfer to and storage in the United States), the ways in which their Personal Data will be Processed by Customer and Licensor, the reasons for such collection and Processing, and any other information required by applicable Privacy and Data Protection Law.

(c)              Customer will ensure that its privacy policy is readily accessible to anyone from or about whom Customer collects data and, if required by applicable law, Customer will provide those Data Subjects with the ability to exercise rights applicable to their Personal Information under applicable Privacy and Data Protection Law, such as opting out of disclosure of their Personal Information by Customer.

(d)             Customer represents and warrants that it shall conduct and review any relevant assessments (including security or privacy impact assessments) as may be required by applicable Privacy and Data Protection Law for purposes of implementing the Services, and any cross-border transfers of Personal Data.

(e)              Except to the extent prohibited by applicable legal, regulatory or law enforcement requirements, Customer shall promptly inform Licensor in writing if any competent authority, regulator or public authority of any jurisdiction requests disclosure of, or information about, Personal Data that has been Processed in connection with the Services. Customer shall, without limiting its rights under applicable law, cooperate with Licensor as reasonably necessary to comply with any direction or ruling made by such authorities.

(f)               Customer will not: (i) make any Services available to anyone other than Customer, its Affiliates, and Users; (ii) use the Services for the benefit of anyone other than Customer or its Affiliates; (iii) falsify or alter any unique identifier assigned to Customer, or otherwise obscure or alter the source of queries to the Services; (iv) permit direct or indirect access to or use of any Services in a way that circumvents any usage limits; (v) reproduce, modify, distribute, disassemble, reverse engineer or create derivative works based on any portion of the Services; (vi) violate or attempt to violate the security of the Services, or introduce any malicious code into the Services; (vii) use the Services to build a competitive product or service or in any way not permitted by this Agreement; or (viii) submit Customer Data to the Services that contain any information deemed “sensitive” under applicable law (including, without limitation, government identification numbers, financial account information, or information related to children).

(g)             Customer will only use the Services as permitted by the terms of this Agreement and applicable laws. In particular, Customer will use the Licensor Data for identity verification and fraud detection and prevention use cases only, and will not: (i) use the Licensor Data for marketing purposes; (ii) use the Licensor Data in violation of any applicable law, rule, or regulation or in violation of any third-party right; (iii) store the Licensor Data for purposes other than those expressly permitted hereunder; (iv) use the Licensor Data in conjunction with illicit activities; (v) store or cache the Licensor Data to avoid making additional queries to the Services; (vi) merge stored Licensor Data with other data unless it is coded or tagged to indicate Licensor as its source; (vii) use the Licensor Data for file download in a fixed page format (i.e., create a printable, downloadable directory of Personal Data); or (viii) use the Services to access Personal Data other than the Personal Data of the individual(s) for whom identity verification and fraud prevention is being conducted (i.e., intentionally accessing the Personal Data of related individuals for a purpose other than fraud prevention).

(h)             Customer acknowledges that the Services are not provided by a “consumer reporting agency” as that term is defined in the Fair Credit Reporting Act (“FCRA”) and the Licensor Data do not constitute “consumer reports” as defined in the FCRA. Accordingly, the Licensor Data may not be used as a factor in determining eligibility for credit, insurance, employment or any other purpose in which a consumer report may be used under the FCRA (or any similar consumer credit law in the United States of America or otherwise).  For the avoidance of doubt, Customer agrees that it shall not use the Services to assess, determine or verify the creditworthiness of any individual(s). 

(i)               Customer acknowledges that the Services (i) are only one component of a range of risk management activities that Customer undertakes; (ii) are services that Customer cannot undertake itself; and (iii) do not affect or replace a critical operation of Customer or expose Customer to a material operational risk (i.e., without limitation, weakness or failure of the Services will not prevent Customer from operating or meeting its regulatory obligations). Licensor shall not have, and hereby disclaims, any and all liability that Customer may face as a result of Customer’s non-compliance with regulatory obligations relating to outsourcing.

(a)   Definition. The term “Confidential Information” means all information disclosed by one Party (“Discloser”) to the other Party (“Recipient”) (in writing, orally, or in any other form) that is identified at the time of disclosure as confidential or should have reasonably been known by the Recipient to be confidential (including, without limitation, trade secrets and unpublished patent applications, and for Licensor, the Licensor Intellectual Property or any data and information contained therein), together with any documents prepared by the Recipient that contain, otherwise reflect, or, in whole or in part, are generated from such disclosed information. Confidential Information does not include information or material that (i) is now, or hereafter becomes, through no act or failure to act on the part of Recipient, publicly known or available; (ii) is or was known by the Recipient at or before the time such information or material was received from the Discloser, as evidenced by Recipient’s tangible (including written or electronic) records; (iii) is furnished to the Recipient by a third party that is not under an obligation of confidentiality to the Discloser with respect to such information or material; or (iv) is independently developed by the Recipient or on behalf of the Recipient without any use of the Discloser’s Confidential Information.

(b)   Protection and Use. During the Term and for a period of three (3) years thereafter, each Party shall take all reasonable measures to protect the confidentiality of the other Party’s Confidential Information in a manner that is at least as protective as the measures that it uses to maintain the confidentiality of its own Confidential Information, but not less than a reasonable standard. Each Recipient shall hold the other Party’s Confidential Information in strict confidence and shall not disclose, copy, reproduce, sell, assign, license, market, transfer, or otherwise dispose of such information, or give or disclose such information to third parties, or use such information for any purpose other than as necessary to fulfill its obligations or exercise its rights under these Terms of Service and the Documentation. Notwithstanding the foregoing, the Recipient may disclose the Discloser’s Confidential Information (i) to employees, consultants, and subcontractors that have a need to know such information, provided that the Recipient shall advise each such employee and consultant of their obligations to keep such information confidential; and (ii) to the extent that Recipient is legally compelled to disclose such Confidential Information pursuant to a subpoena or the order of any governmental authority; provide that, where possible and permitted by applicable law, the Recipient shall give advance notice of such compelled disclosure to the Discloser, and shall cooperate with the Discloser in connection with these efforts to prevent or limit the scope of such disclosure and/or use of the Confidential Information. Licensor shall ensure that its employees, agents, subcontractors, and sub-processors are subject to a duty of confidentiality with respect to Personal Data provided by Customer.

(c)   Return of Confidential Information. Except as otherwise stated in the Documentation, upon termination of the Agreement, the Recipient shall securely destroy all Confidential Information in the Recipient’s possession. Notwithstanding the foregoing, the Recipient is not obligated to destroy Confidential Information (i) commingled with other information of the Recipient if it would be a substantial administrative burden to excise such Confidential Information; (ii) contained in an archived computer system backup made in accordance with the Recipient’s security or disaster recovery procedures; or (iii) required to be retained pursuant to applicable law, regulatory requirements, or post-termination obligations as stated in the Documentation, provided in each case that such Confidential Information remains subject to the obligations of confidentiality herein until its eventual destruction.

(a)   Each Party represents and warrants that (i) it is duly organized, validly existing, and in good standing under the laws of the jurisdiction of its incorporation; (ii) it has the full right and power to enter into an agreement governed by these Terms of Service and fully perform its obligations hereunder; and (iii) the execution and delivery of the agreement governed by these Terms of Service and the performance of its obligations hereunder will not violate or conflict with any other agreement to which it is a party.

(b)   Customer represents and warrants that both (i) its provision of any Customer Data or Personal Data to Licensor in connection with these Terms of Service; and (ii) the use, analysis, and/or Processing of such items by Licensor to perform and/or provide the Services, are, collectively, permitted under (x) all applicable laws, regulations, and regulatory guidance; and (y) the terms of Customer’s contracts with, notices to, or other consents from, its customers, contractors, suppliers, or other third parties.

(a)   Licensor Indemnification Obligation. Licensor shall indemnify, defend (at its option, in accordance with this Section), and hold the Customer, its Affiliates, and its and their respective directors, officers, employees, agents, and representatives, harmless from and against any third-party claim, and shall pay any losses, costs, liabilities, demands, damages, and expenses including reasonable attorneys’ fees (collectively, “Losses”) incurred as a result of any such third party claim, arising out of or relating to (except to the extent caused by a Customer’s breach of any of its obligations, representations, or warranties hereunder) (i) any actual or alleged infringement, violation, or misappropriation of any patent, trademark, or copyright to the extent based on any Licensor Intellectual Property, and/or any equipment, processes, and other resources used by Licensor in connection with the Customer Data (other than any technology, equipment, processes, and other resources provided by the Customer); or (ii) Licensor’s (x) material breach of any of its obligations, representations, and warranties hereunder and in the applicable Documentation; or (y) gross negligence or willful misconduct in the performance of its obligations under these Terms of Service and the applicable Documentation.

(b)   Customer Indemnification Obligation. Customer shall indemnify, defend (at its option, in accordance with this Section), and hold Licensor, its Affiliates, and its and their respective officers, directors, employees, agents, and representatives, harmless from and against any third party claim, and shall pay any Losses incurred as a result of any such third party claim, arising out of or relating to (except to the extent caused by Licensor’s breach of any of its obligations, representations, or warranties hereunder) (i) any actual or alleged infringement, violation, or misappropriation of any patent, trademark, or copyright to the extent based on any Customer Data, and/or any equipment, processes, and other resources used by the Customer in connection with the Licensor Intellectual Property (other than any technology, equipment, processes, and other resources provided by Licensor); or (ii) the Customer’s (x) material breach of any of its obligations, representations, and warranties hereunder, including without limitation in the event that Customer’s use of the Services is found to violate consumer protection law, age discrimination law, human rights law, or other unlawful discrimination law; or (y) gross negligence or willful misconduct in the performance of its obligations under these Terms of Service, including without limitation in the event that Customer’s misuse of Personal Data results in any fines or penalties.

(c)   Indemnification Process. If a Party entitled to indemnification hereunder (the “Indemnified Party”) becomes aware of any claim that it believes is subject to indemnification hereunder, the Indemnified Party will give the other Party (the “Indemnifying Party”) prompt notice thereof. Such notice (the “Claim Notice”) shall (i) provide the basis on which indemnification is being asserted; and (ii) be accompanied by copies of all relevant pleadings and other papers related to the claim and in the possession of the Indemnified Party. The Indemnifying Party may assume, at its sole option, control of the defense of the claim by sending notice of such assumption to the Indemnified Party on or before thirty (30) days after receipt of the Claim Notice to acknowledge responsibility for the defense of such claim and undertake, conduct, and control, through reputable independent counsel of its own choosing and at the Indemnifying Party’s sole cost and expense, the settlement or defense thereof. The Indemnified Party shall cooperate, at the expense of the Indemnifying Party, with the Indemnifying Party and its counsel in the defense, and the Indemnified Party shall have the right to participate, at its own expense, in the defense of such claim. The Indemnifying Party shall obtain the Indemnified Party’s consent to any compromise or settlement of a claim to the extent such compromise or settlement affects the rights of such Indemnified Party, which consent shall not be unreasonably withheld or delayed.

(a)        for Asia Pacific and Middle East Africa countries, these Terms of Service shall be governed and construed in accordance with the laws of Singapore, and Licensor and Customer consent to the personal and exclusive jurisdiction of the courts of Singapore in connection with all proceedings related hereto. Unless expressly provided to the contrary, any person who is not a party to this Agreement shall have no right to enforce any of its terms under the provisions of the Contracts (Rights of Third Parties) Act (Cap. 53B)

(b)       Annex 2 of the EU Addendum shall be governed by the laws of Belgium, and any dispute regarding same will be submitted to the Courts of Brussels, except as may be indicated otherwise within such EU Addendum.

(a) Anti-money Laundering.  At all times during the Term of the Agreement, Customer shall comply with all applicable laws relating to anti-money laundering (including, in the U.S., the Bank Secrecy Act, Title III of the USA PATRIOT Act, and the implementing regulations promulgated by the Financial Crimes Enforcement Network) and any related or similar applicable laws, issued, administered, or enforced by any government authority.

(b) Anti-corruption. Each Party shall fulfill and ensure that each of its employees, agents and contractors complies its obligations in accordance with all applicable laws and regulations, including, without limitation, the Foreign Corrupt Practices Act, the U.K. Bribery Act, and all other applicable anti-corruption and anti-bribery laws. The Customer must not, in connection with its business activities involving Mastercard: (i) make, promise, or offer to make any payment or transfer of anything of value or any other advantage directly or indirectly through a representative, intermediary, agent, or otherwise to any government official or to any other person for the purpose of improperly influencing any act, omission to act, or decision of such official or individual or securing an improper advantage to assist the Customer and/or the Mastercard in obtaining or retaining business; nor (ii) accept anything of value from any third party seeking to influence any act or decision of the Customer or in order to secure an improper advantage to that third party.

(c) Sanctions Regulations.

(d) Beneficial Ownership. Customer agrees to permit Licensor to perform Know Your Customer (“KYC”) operations and other applicable beneficial ownership due diligence during the Term and/or upon renewal of any Order.

a)   Canada. The prohibitions of Section 9(h) hereof shall also include, without limitation, any reliance by Customer on the Services to inform decision-making relating to: (i) the extension of credit; (ii) entering into or renewing tenancy agreements; (iii) employment purposes; (iv) underwriting of insurance involving consumers; or (v) assessing eligibility for any benefits.  The fraud scoring provided hereunder is an automated tool to support Customer’s own fraud-prevention-related due diligence.

b)   China. Customer warrants that its notice to Data Subjects pursuant to this Agreement shall have specified that Personal Data would be disclosed to Licensor (including Licensor’s contact information), the categories of Personal Data shared, and the purposes of the sharing. Consent for both data sharing and Processing by Licensor shall have been obtained by Customer at collection.

c)   Germany. Customer agrees that it shall not rely on any result delivered via the Services that is calculated solely on the basis of an individual’s physical address in order to determine whether or not to contract with such individual for any reason. Further, Customer agrees to inform Data Subjects within Customer Data specifically about the potential use of their address data for identity verification and fraud prevention assessment.

d)   Hong Kong. Customer agrees that all cybersecurity measures employed by Licensor through its privacy and security policies and programs are commercially reasonable and satisfactory to Customer.

e)   India. Customer warrants that it shall not: (i) use the Services as a substitute for its know-your-customer compliance or decisioning; (ii) rely on the Services when making any decision regarding the extension of credit or a loan; or (iii) provide Licensor with any credit information. Customer agrees to indemnify Licensor and its Affiliates for any claims that may arise as a result of Customer providing Licensor or an Affiliate with any credit information. In addition, Customer warrants that it has complied with the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

f)        Indonesia. Customer shall have notified and/or obtained any relevant acknowledgments and/or approvals from relevant regulators or authorities as required in order to receive and use this Services from Licensor.  Customer shall, upon request from Licensor, promptly provide any such assessments, acknowledgments and/or approvals to Licensor.

g)   South Africa. Customer warrants that it is not subject to consumer protection laws applicable only to small businesses. For the avoidance of doubt, Customer has an annual turnover greater than ZAR 2 million.

h)   Ukraine. Customer warrants that it does not and will not rely exclusively on the Services for Data Subject identification and verification purposes apart from in direct connection with fraud prevention. Customer agrees that the Services are advisory and are provided for informational purposes only.