Terms and Conditions of KYC API - the kompany API

Effective: October 2022

1. THIS AGREEMENT. YOUR ACCESS AND USE OF THE INFORMATION (AS DEFINED HEREIN) IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THESE ONLINE TERMS AND CONDITIONS (THIS “AGREEMENT”). BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND BY SUBSCRIBING TO, ACCESSING, AND/OR USING THE INFORMATION IDENTIFIED IN AN ORDER CONFIRMATION (DEFINED BELOW), YOU AND THE ENTITY ON WHOSE BEHALF YOU ARE SUBSCRIBING TO, ACCESSING AND/OR USING THE INFORMATION (COLLECTIVELY, “CLIENT“) AGREE TO THE FOLLOWING TERMS AND CONDITIONS. THE TERM “KOMPANY WEBSITE” MEANS THE KOMPANY WEBSITE AT HTTPS://WWW.KOMPANY.COM OR ANY OTHER WEBSITE AS DESIGNATED BY MOODY’S FROM TIME TO TIME.

2. INFORMATION AND GENERAL LICENSE: THIS AGREEMENT PERTAINS TO CERTAIN “INFORMATION”, WHICH INCLUDES ALL PRODUCTS, SERVICES, SOFTWARE, PUBLICATIONS, REPORTS, DOCUMENTATION, WHITE PAPERS, AND ALL RESEARCH, ANALYSIS, FORECASTS, RATINGS, OPINIONS, MODELS, SECURITY IDENTIFIERS, METHODOLOGIES AND DATA THEREIN, FURNISHED BY 36KOMPANY AG ("MOODY'S") TO CLIENT VIA THE KOMPANY WEBSITE AS IDENTIFIED IN THE APPLICABLE ONLINE ORDER FORM ISSUED BY MOODY’S OR OTHER ONLINE ORDERING DOCUMENTATION OR CONFIRMATION PROVIDED BY MOODY’S TO CLIENT PURSUANT TO THIS AGREMENT (ANY SUCH FORM, DOCUMENTATION OR CONFIRMATION, AN “ORDER CONFIRMATION”). “INFORMATION” ALSO INCLUDES THE CONTENT OF ALL COMMUNICATIONS FROM MOODY’S OR ITS AFFILIATES’ PERSONNEL REGARDING THE INFORMATION. THE INFORMATION, AND THE STRUCTURE, ORGANIZATION AND THE SEARCH AND EXTRACTION MECHANISMS OF THE INFORMATION, ARE PROPRIETARY TO MOODY'S AND/OR THIRD PARTIES FROM WHOM MOODY’S LICENSES DATA THAT IS INCORPORATED INTO THE INFORMATION (“LICENSORS”). THE INFORMATION MAY BE PROTECTED UNDER COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, DATABASE AND OTHER INTELLECTUAL PROPERTY LAWS, AND ARE FURNISHED SOLELY FOR CLIENT'S OWN INTERNAL USE. EXCEPT AS OTHERWISE EXPRESSLY PERMITTED HEREIN OR IN WRITING BY MOODY’S, NO PORTION OF THE INFORMATION MAY BE COPIED, REPRODUCED, REPACKAGED, RETRANSMITTED, SOLD, TRANSFERRED, REDISTRIBUTED, LEASED, RENTED, SUBLICENSED, MODIFIED, ADAPTED, OR STORED FOR SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY FORM OR MANNER OR BY ANY MEANS WHATSOEVER, BY CLIENT OR ANY OTHER PERSON OR ENTITY. CLIENT SHALL TAKE ALL REASONABLE STEPS TO PREVENT UNAUTHORIZED USE, ACCESS, COPYING OR DISCLOSURE OF THE INFORMATION.

3. GRANT OF LICENSE AND ORDER CONFIRMATION: Subject to the terms and conditions of this Agreement, Moody’s hereby grants Client a non-exclusive and non-transferable license to use the Information described in the Order Confirmation for Client’s internal business purposes and not for the use or benefit of any third party, only within and subject to the applicable License Parameter and only for the term set forth in Section 8. As used herein, “License Parameter” means the definition and limitation of the Client’s license or permitted scope of use for the relevant product or service, as set forth in Section 15.1 of this Agreement. A License Parameter may consist of number of individual Client users (“Users”), business unit or division, department, business location / premises, or any other applicable use limitation and/or measurement specified in the Order Confirmation. Use of the Information by Client that exceeds the License Parameter is strictly prohibited and Moody’s reserves the right to suspend access to the Information or charge additional fees for such unlicensed usage. Client agrees to be responsible and liable for the compliance of its Users and each licensed Client Affiliate with the terms and conditions of this Agreement and any breach hereof by a User or Client Affiliate, and each licensed Client Affiliate shall be considered within the definition of “Client” for all relevant purposes of this Agreement. Moody’s may also provide Client with custom deliverables, training and/or other related services as part of the Information, which shall be described on the relevant Order Confirmation, along with any fees or special terms applying to such deliverables and services. As used herein, an “Affiliate” of a party means any legal entity which, directly or indirectly, either controls, is controlled by, or is under common control with such party, and where “control“is defined by the direct or indirect ownership of stock or other interests entitled to elect a majority of the board of directors or other governing body of an entity, or the direct or indirect ownership of more than fifty (50) percent of the equity or profits interest in such entity.

4. DISCLAIMERS: Client agrees, on behalf of itself and each User that it permits to use any of the Information, that: (i) any ratings, estimates, forecasts, and/or other opinions contained in the Information are, and will be construed solely as, statements of opinion and not statements of fact, investment advice or recommendations to purchase, hold or sell any securities; (ii) any rating, estimate, forecast, or other opinion will be weighed solely as one factor in any investment decision; and (iii) it will accordingly, with due care, make its own evaluation of each security, and of each issuer and guarantor of, and each provider of credit support for, each security that it may consider purchasing, holding or selling. Client agrees, on behalf of itself and each User, that: (i) nothing contained in the Information shall create any duty of care on the part of Moody’s or any Moody’s Affiliate to Client; (ii) neither Moody’s nor any Moody’s Affiliate is acting as a financial adviser or other adviser to Client; (iii) no Information (whether in oral or written form) or statements or other communications supplied by Moody’s or any of its employees, representatives or agents shall constitute a representation or a warranty, or the provision of investment advice or any other advice; and (iv) it will not use the name of Moody’s or any of its Affiliates or products to state or imply any endorsement or recommendation on the part of Moody’s or its Affiliates of any investment, security, loan or other instrument, or of any activities carried out or undertaken by Client using Moody’s products or services. NEITHER MOODY’S NOR ANY MOODY’S AFFILIATE SHALL HAVE ANY LIABILITY TO CLIENT (AND MOODY’S AND THE MOODY’S AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY) BASED ON OR RELATING TO AN ALLEGATION THAT (A) MOODY’S OR ANY MOODY’S AFFILIATE OWES A DUTY OF CARE TO CLIENT, OR (B) THAT CLIENT’S USE OF AND/OR ACCESS TO THE INFORMATION, AND/OR MOODY’S OR ANY MOODY’S AFFILIATE USE, DEVELOPMENT AND/OR LICENSING OF THE INFORMATION, INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. Moody’s products are aimed at sophisticated institutional investors and it would be reckless for retail investors to base any investment decision on the Information. If in doubt Client should contact its financial or other professional adviser.

THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND MOODY’S AND ITS LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE INFORMATION, EXPRESS OR IMPLIED, AND WHETHER ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION: (I) ANY WARRANTY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, OR THE RESULTS TO BE OBTAINED FROM USE OF THE INFORMATION; (II) THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EVEN IF MOODY’S HAS BEEN INFORMED OF SUCH PURPOSE; AND (III) ANY WARRANTIES ARISING BY IMPLICATION OR FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. Under no circumstance shall Moody’s, its Licensors, suppliers, or any of Moody’s Affiliates, directors, officers, employees, representatives or agents (each a “Moody’s Party“and, collectively, the “Moody’s Parties”) have any liability to Client, User, or any other person or entity for any loss, damage or other injury in whole or in part caused by, resulting from or relating to, any error (negligent or otherwise), or any other circumstance or contingency within or outside the control of Moody’s or any of the Moody’s Parties or Licensors, in connection with the procurement, collection, compilation, analysis, interpretation, communication, publication or delivery of any of the Information, even if a Moody’s Party shall have been advised in advance of the possibility of such damages. Notwithstanding the foregoing, Client expressly agrees that the following limitation of remedies is an essential part of the consideration bargained for under this Agreement. The entire liability of the Moody’s Parties, and Client's exclusive remedy, for any errors or omissions in the Information is for Moody’s to provide Client, if possible using commercially reasonable efforts, with corrected Information.

5. LIMITATION OF LIABILITY: NONE OF THE MOODY’S PARTIES OR CLIENT SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR ANY LOSS OF DATA OR USE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE INFORMATION, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MOODY’S PARTIES OR THE AGGREGATE LIABILITY OF CLIENT ARISING FROM THIS AGREEMENT OR RELATED TO THE INFORMATION EXCEED THE AGGREGATE FEES AND CHARGES PAID OR PAYABLE BY CLIENT TO MOODY’S UNDER THE RELEVANT ORDER CONFIRMATION DURING THE PRECEDING TWELVE MONTH PERIOD. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY REGARDLESS OF HOW SUCH DAMAGES OR LOSSES ARISE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, REGARDLESS OF THE CAUSE OF THE LOSS OR INJURY AND REGARDLESS OF THE LEGAL RIGHT CLAIMED TO HAVE BEEN VIOLATED. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION 5 SHALL LIMIT OR EXCLUDE: (I) CLIENT’S OBLIGATIONS TO PAY ANY FEES DUE TO ANY MOODY’S PARTY HEREUNDER; (II) CLIENT’S LIABILITY FOR DAMAGES RESULTING FROM THE BREACH OF ANY LICENSE GRANTED IN THIS AGREEMENT OR THE APPLICABLE ORDER CONFIRMATION, OR FOR ANY OTHER VIOLATION OF A MOODY’S PARTY’S INTELLECTUAL PROPERTY RIGHTS; (III) CLIENT’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT; OR (IV) A PARTY’S LIABILITY WHICH ARISES OUT OF SUCH PARTY’S FRAUD OR WILFUL MISCONDUCT OR WHICH CANNOT OTHERWISE BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

6. FEES: Client shall pay to Moody’s the fees as are set forth on the Order Confirmation, which fees shall be invoiced by Moody’s and payable by Client annually in advance or upon such other payment schedule specified in the Order Confirmation, provided that Moody’s may increase the fees for any subscription service commencing on the next Renewal Term (as defined in Section 8) by providing written notice to Client at least sixty (60) days prior to the commencement of such Renewal Term. Moody’s may suspend all services hereunder in the event of any non-payment of fees. All fees are exclusive of taxes, if any. Client shall be responsible for any federal, state, local, value-added, service, withholding or similar taxes, if applicable, that are or may be imposed on any transaction hereunder (excluding any taxes based on Moody’s net income).

7. THIRD PARTY MATERIALS: Client agrees that the Information may contain third party materials provided by Licensors, and in this respect Moody’s relies upon the Licensors in providing such Information to Client. Accordingly, Moody’s duty to deliver such Information is subject in all respects to the timely supply of the relevant materials by such Licensors. Client agrees that availability of such third party materials shall cease automatically, without liability on the part of Moody’s or the Licensors, upon termination of Moody’s access to the materials for any reason. Client further agrees to comply with any additional terms or restrictions regarding use of the third party materials which the relevant Licensor and/or Moody’s may otherwise specify by notice to Client from time to time, including by way of a notification posted within the relevant service. Moody’s may from time to time and in its sole discretion add to, replace or terminate any of its Licensors or any part of the Information or its functionality, or replace the Information with successor products in the ordinary course of its business. Client agrees that the third party materials: (i) shall only be used for Client’s internal use in connection with its use of the Information; and (ii) shall not be used to create a data file, or develop, verify, correct or complete any other database (including, without limitation, a security master database). In the event Client has an appropriate agreement with a Licensor covering Client’s use of the materials supplied by such Licensor (the “Separate Agreement”), Client’s use of such materials shall be governed by the terms of the Separate Agreement for as long as it remains in effect, and nothing in this Agreement shall limit or affect Client’s rights under the Separate Agreement.

8. TERM AND TERMINATION: The term of each subscription and/or order set forth in an Order Confirmation commences as of the effective date set forth in the Order Confirmation and shall continue for an initial term of one year or such other term as specified in the Order Confirmation (“Initial Term”). Unless otherwise stated on the Order Confirmation, the subscription and/or order set forth in an Order Confirmation shall automatically renew for successive terms of thirty days each (each, a “Renewal Term”) unless either party has notified the other in writing at least thirty (30) days prior to the expiration of the then-current Initial Term or Renewal Term, as applicable, that the subscription and/or order set forth in the Order Confirmation shall not be renewed. Either party may terminate the subscription and/or order set forth in the Order Confirmation if the other party: (a) breaches any material term or condition of this Agreement or Order Confirmation and, except in the case of a breach of Section 10 or a material breach constituting a violation of the intellectual property rights of any Moody’s Party, fails to remedy the breach within thirty (30) days after being given written notice thereof; (b) ceases to function as a going concern or to conduct operations in the normal course of business; or (c) has a petition or similar action filed by or against it under any applicable bankruptcy or insolvency laws which petition or action has not been dismissed or set aside within sixty (60) days of filing. Moody’s may terminate any subscription and/or order set forth in an Order Confirmation hereunder in the event of any legal or regulatory change that, in Moody’s judgment, imposes new and additional cost or liability risk upon Moody’s and/or Moody’s Affiliates. In the case of a termination by Moody’s pursuant to the preceding sentence, or a termination by Client for Moody’s uncured material breach under this Section 8, Client shall be entitled to a refund of any fees prepaid to Moody’s for the affected Information in respect of the period after termination. At the termination or expiration of any subscription and/or order set forth in an Order Confirmation for any reason, Client shall cease all use of the Information under such Order Confirmation and promptly purge all Information provided under such Order Confirmation that has been stored in its computer systems, databases, or any data storage facilities owned or under its control, provided that Client shall have the right to retain: portions of the Information that constitute electronic data that is generally inaccessible or that has been stored on Client’s backup systems in the ordinary course of business as part of standard backup procedures, but only to the extent that such data is only accessible by person(s) whose function is primarily information technology, and provided that such person(s) only have limited access to such data to enable the performance of such information technology duties. In addition, Client may retain one copy of any such data from the Information as is necessary to comply with applicable audit, legal or regulatory requirements, professional obligations and standards and internal document retention policies, provided any such data may only be accessed for such purposes and may not be used for any other purpose whatsoever (including, but not limited to, any commercial purpose). Upon expiration or termination of this Agreement for any reason, all provisions but Sections 3, 101 and 15.10\ shall survive.

9. GOVERNING LAW AND ENTIRE AGREEMENT: This Agreement shall be governed by, and construed in accordance with, the laws of England and Wales, without reference to its conflict of law principles and without regard to the U.N. Convention on Contracts for the International Sale of Goods. The parties hereby consent to the exclusive jurisdiction of the English courts in any action arising out of or relating to this Agreement, and agree that any action arising out of or relating to this Agreement shall be maintained in the same jurisdiction. This Agreement contains the entire and only agreement between the parties relating to the subject matter hereof, and supersede all prior or collateral representations, warranties, promises or conditions, if any, in connection therewith. No amendment to, or waiver of, any term of this Agreement shall be binding upon either party hereto unless reduced to writing and signed by an authorized officer of the party against which it is asserted. For the avoidance of doubt, this Agreement shall not be modified by the terms of a purchase order or other document issued by Client relating to the Information or purporting to modify the terms hereof.

10. SANCTIONS COMPLIANCE: Client represents and warrants to Moody’s that it is not: (i) subject to asset freeze sanctions, such as by inclusion on the list of Specially Designated Nationals and Blocked Persons (“SDN List”) maintained by the U.S. Office of Foreign Assets Control, or the consolidated lists of asset freeze targets published by the UN, EU, or UK, nor is it owned or controlled by any such person(s) whether individually or collectively; (ii) organized, headquartered or, if a natural person, ordinarily resident, in a country or territory subject to comprehensive geographic sanctions imposed by the U.S. Government (currently Crimea, Cuba, North Korea, Iran, and Syria) or owned or controlled by any such person; or (iii) subject to restrictions regarding the receipt of U.S.-origin items by virtue of being on the Denied Persons List or the Entity List maintained by the U.S. Commerce Department. Additionally, the Client warrants that (a) it will not supply Moody’s products or services to any person who meets the criteria set forth in (i), (ii), or (iii), or use them for the benefit of, or for any transaction involving, any person who meets the criteria set forth in (i) or (ii) (hereinafter, collectively “Prohibited Entities”), and (b) it shall not supply to Moody’s any data related to any Prohibited Entity. For the avoidance of doubt, the foregoing prohibitions apply notwithstanding any terms in any Order Confirmation, addendum or other writing, whether express or implied. Accordingly, even if the scope of a license granted in this Agreement and/or any Order Confirmation, addendum or any other writing would otherwise include Prohibited Entities, the prohibitions herein shall prevail. For the purposes of this provision, “person” means any natural or legal person; “owned” means an equity interest of 50 percent or greater, whether held directly or indirectly; and “controlled” means the right or ability to dictate the decisions, actions, and/or policies of an entity or its management. Each party agrees that it will notify the other party if it learns that any representation made herein is no longer accurate. If the Client is in breach of this provision, or if Moody’s determines that it is prohibited under any applicable law or regulation from providing products or services under this Agreement, in addition to any other rights or remedies it may have, Moody’s may immediately terminate or suspend performance under the Agreement, Order Confirmation, addenda and related documentation.

11. ASSIGNMENT AND MISCELLANEOUS: This Agreement, or any duty, obligation, interest or right hereunder or thereunder, may not be assigned by Client without the prior written consent of Moody’s. If any such permitted assignment by Client would cause Client to exceed a License Parameter, notwithstanding anything to the contrary in Section 6, such assignment shall require the purchase of additional license or usage rights by Client. Any permitted assignee of Client must agree in writing to be bound by the terms and conditions of this Agreement. Any assignment in violation of this Section 11 shall be null and void. Moody’s may delegate some or all of its responsibilities to third parties provided it remains primarily responsible for the completion of its obligations. This Agreement shall be binding upon the parties hereto and their respective successors and permitted assigns. The Moody’s Parties shall be third party beneficiaries of the provisions of Sections 4, 5 and 7. The provisions of this Agreement are severable. If any provision shall be determined to be void or unenforceable, this Agreement and the validity and enforceability of all remaining provisions of this Agreement shall not be affected. This Agreement may be signed in counterparts, and each party agrees that facsimile, digitally scanned or other electronic copies of signatures shall be valid and binding as originals. Each of Moody’s and Client shall comply with all applicable laws and regulations in connection with the performance of its obligations under this Agreement, including but not limited to any applicable data protection and privacy laws and regulations. For information on how Moody’s processes and protects personal data, please see the Privacy Policy available at www.kompany.com.

12. REGULATORY TERMS: The receipt and use of the Information is subject to additional legal and regulatory requirements as set out below in this section (“Regulatory Terms”). The Regulatory Terms may be amended by Moody’s upon thirty (30) days’ notice to Client as a result of any new or amended legal, regulatory or other requirements which, in Moody’s sole discretion, affect the receipt and use of the Information. If any such change has a material adverse effect on Client’s use of the Information, Client may terminate the relevant order or subscription set forth in Order Confirmation at any time during such thirty (30) day notice period by providing written notice to Moody’s, in which case Client shall be entitled to a refund of any applicable fees under the Order Confirmation prepaid to Moody’s in respect of the period after termination.

Australia. To the extent the Information is received or used in Australia, the following Regulatory Terms shall apply:

Moody's Analytics Australia Pty Ltd [ABN 94 105 136 972] (“MA Australia”), having its registered office at Level 10, 1 O’Connell St., Sydney, NSW 2000 Australia, is the holder of Australian Financial Services License No. 383569 (“AFSL”) issued pursuant to the Corporations Act of 2001 (Australia). The Information provided to Client under this Agreement that consists of financial product advice (“Advice Information”) will be arranged by MA Australia under its AFSL and provided by Moody’s to Client. Moody’s and MA Australia have entered into an arrangement under which MA Australia has assumed responsibility for any acts or omissions by Moody’s in relation to any Advice Information provided hereunder by Moody’s. Client hereby represents and warrants that it is a “Wholesale Client” (as defined in Section 761G of the Corporations Act of 2001 (Australia)), and Moody’s provision of the Advice Information to Client is expressly conditioned upon the continuing accuracy of such representation and warranty throughout the term of the Agreement. In addition, Client acknowledges that the Advice Information is not intended for use by and shall not be distributed to any person in Australia other than a Wholesale Client, and, without prejudice to any other restrictions on distribution set forth herein, Client covenants and agrees that it will not distribute any Advice Information, including but not limited to any MIS Ratings, Expected Default Frequency data and/or related financial product research to a person in Australia other than a Wholesale Client.

Japan. The following Regulatory Terms shall apply to the extent the Information includes data on credit ratings assigned by certain Japanese affiliates of MIS as set out below:

Moody's Japan K.K. (“MJKK”) is a wholly-owned credit rating agency subsidiary of Moody's Group Japan G.K., which is wholly-owned by Moody’s Overseas Holdings Inc., a wholly-owned subsidiary of Moody’s Corporation. Moody’s SF Japan K.K. (“MSFJ”) is a wholly-owned credit rating agency subsidiary of MJKK. MSFJ is not a Nationally Recognized Statistical Rating Organization (“NRSRO”). Therefore, credit ratings assigned by MSFJ are Non-NRSRO Credit Ratings. Non-NRSRO Credit Ratings are assigned by an entity that is not a NRSRO and, consequently, the rated obligation will not qualify for certain types of treatment under U.S. laws. MJKK and MSFJ are credit rating agencies registered with the Japan Financial Services Agency and their registration numbers are FSA Commissioner (Ratings) No. 2 and 3 respectively. MJKK or MSFJ (as applicable) hereby disclose that most issuers of debt securities (including corporate and municipal bonds, debentures, notes and commercial paper) and preferred stock rated by MJKK or MSFJ (as applicable) have, prior to assignment of any credit rating, agreed to pay to MJKK or MSFJ (as applicable) for ratings opinions and services rendered by it fees ranging from JPY100,000 to approximately JPY550,000,000. MJKK and MSFJ also maintain policies and procedures to address Japanese regulatory requirements.

Ratings Disclosures. The following Regulatory Terms shall apply to Information that includes MIS credit rating data or that include MIS rating scorecards or models:

MIS hereby discloses that most issuers of debt securities (including corporate and municipal bonds, debentures, notes and commercial paper) and preferred stock rated by MIS have, prior to assignment of any credit rating, agreed to pay to MIS for the credit rating opinions and services rendered by it fees ranging from $1,000 to $5,000,000. Moody's Corporation (MCO) and its wholly-owned credit rating agency subsidiary MIS also maintain policies and procedures to address the independence of MIS's credit ratings and credit rating processes. MCO annually publishes on its website at www.moodys.com disclosures regarding certain affiliations that may exist between directors of MCO and rated entities, and between entities who hold credit ratings from MIS and have also publicly reported to the SEC an ownership interest in MCO of more than five (5) percent. Although certain of the products licensed hereunder are designed to predict what an MIS rating would be based on certain assumptions, financial and portfolio data and/or other variable inputs, the output from such products may or may not reflect a MIS rating actually assigned to such security or issuer, whether or not any of the assumptions or other data are correct, or the ultimate events related thereto differ materially from the factors used as inputs to such products. Nothing in this Agreement will compel MIS to assign, as a result of any Information, a particular rating or any revision thereof to the Client or any securities, debt or other instruments. Client understands that MIS may at any time refuse to issue any rating, or, if already issued, revise or withdraw such rating. Client further agrees not to represent, imply or otherwise suggest that any output from such products constitutes or affects an MIS rating, rating action, or opinion.

13. CHANGES IN AGREEMENT: MOODY’S RESERVES THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT UPON NOTICE, WHICH MAY BE GIVEN BY MOODY’S POSTING SUCH CHANGE (OR REVISED TERMS OF AGREEMENT) ON THE SITE, BY E-MAIL, OR BY ANY OTHER REASONABLE WAY. IF A CHANGE IS NOTIFIED BY A POSTING ON THE SITE, IT SHALL BE DEEMED TO TAKE EFFECT WHEN POSTED; IF A CHANGE IS NOTIFIED BY E-MAIL, IT SHALL BE DEEMED TO TAKE EFFECT WHEN THE E-MAIL IS SENT; AND IF A CHANGE IS NOTIFIED IN ANY OTHER WAY, IT SHALL BE DEEMED TO TAKE EFFECT WHEN THE RELEVANT NOTICE IS SENT OR ISSUED BY OR ON BEHALF OF MOODY’S. CLIENT’S CONTINUED USE OF THE INFORMATION FOLLOWING NOTICE OF SUCH CHANGES WILL BE CONCLUSIVELY DEEMED CLIENT’S ACCEPTANCE OF ANY CHANGES TO THIS AGREEMENT. CLIENT AGREES THAT NOTICE OF CHANGES TO THIS AGREEMENT ON THE SITE, DELIVERED BY EMAIL, OR PROVIDED IN OTHER REASONABLE WAY CONSTITUTES REASONABLE AND SUFFICIENT NOTICE.

14. NOTICES AND LANGUAGES:

a. Any notice to a party under this Agreement shall be in writing in the English language, signed by or on behalf of the party giving it and shall be delivered personally, by pre-paid first class post, (or airmail, if abroad), prepaid recorded delivery (or international equivalent) to the address of the party appearing on the Order Confirmation, or as otherwise notified in writing from time to time. A notice shall be deemed to have been served at the time of delivery, if delivered personally, or forty-eight (48) hours after posting for an address in the USA and five (5) working days after posting for any other address.

b. Notwithstanding any translation of the Agreement, the English language shall exclusively control the interpretation of the Agreement and all other writings between the parties.

15. SPECIAL TERMS

15.1 The Information shall be used by Client in assessing and managing risk with respect to Regulatory Compliance Obligations. The term “Regulatory Compliance Obligations” means legal and regulatory compliance obligations with respect to money laundering, fraud, corruption, terrorism, organized crime, regulatory and suspicious activity reporting, sanctions, embargoes, and other regulatory risks and associated obligations.

15.2 Notwithstanding any other term, the Information may not under any circumstances be used (i) to establish a consumer's eligibility for credit, insurance, employment, government benefits or licenses or any other transaction initiated by a consumer; (ii) to collect on an account; (iii) to determine whether a consumer continues to meet the terms of an account; or (iv) if the Information is to be used within the United States or for impacts within the United States, then for any other use that would be classified as a ‘consumer report’ or a ‘permissible purpose’ for the purposes of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq. Client shall assume full liability for any violation of this provision and shall indemnify and hold harmless the Moody’s Parties for any third party claims against the Moody’s Parties arising out of Client or a Client’s Affiliate’s breach of this provision.

15.3 Each User shall access and use the Information hereunder via a username and password. The Information and associated accesses described in the preceding sentence may only be used on behalf of the Client. Client will cause any individuals who are authorized by Client to access and use the Information (“Authorized Users”) to comply with all terms and conditions of this Agreement and Order Confirmation as if they were a direct party thereto, and will remain responsible for any actions or omission of the Authorized User (including, but not limited to, any breach of such terms and conditions by its Authorized Users). Client shall not (and shall cause each User and Authorized User to not) disclose or share their user-ID and password to any individual or entity outside of the Client. If Moody’s is made aware of any Client utilization of the Information that may be in violation of applicable law or third party rights, Moody’s has the right, but not the obligation, to require Client to cease such use, or to disable Client’s access to the Information. The kompany Website is available 24/7, except in the case of maintenance work. However, the availability of Information and/or Content depends and is based on the official operating hours of the respective third-party databases and services.

15.4 Except as expressly specified herein, Client will not (i) resell, rent, lease, sublicense or distribute the Information, or use it to render time sharing or service bureau services, or otherwise use the Information to provide services for or on behalf of third parties; (ii) use the Information and/or products hereunder to store or transmit any malicious code or any material that is infringing, libelous, unlawful or otherwise injurious or that would violate a person’s privacy rights; (iii) scan or otherwise test the kompany Website, the Information or any other technology assets owned by Moody’s or its affiliates for vulnerability or penetration; (iv) remove any copyright, trademark, or other proprietary notices contained in the Information; or (v) utilize any means to circumvent login, password, and other protections put in place to restrict access to certain parts of the Information.

15.5 “Content” means any of the Information listed at https://www.kompany.com/i/support/price that is ordered by the Client and accepted by Moody’s in accordance with the procedures set forth in this Section 15.5. From time to time during the Term, by submitting an order via the kompany Website, the Client may request Moody’s to furnish to Client certain Content and, if Moody’s accepts such request, in consideration thereof, Client shall pay to Moody’s the corresponding fees listed at https://www.kompany.com/i/support/price or as stated in an Order Confirmation, as such fees can be amended from time to time by Moody’s in accordance with this Section 15.5. Content will be delivered to Client via the kompany Website. A list of Content currently offered by Moody’s is set forth at https://www.kompany.com/i/support/price. Moody’s reserves the right to amend the fees for Content and discontinue the provision of any Content from time to time with immediate effect by updating the corresponding fees for Content on the kompany Website or removing any Content from the kompany Website.

15.6 The Client shall pay for the access and/or use of the Information and/or Content in accordance with the charges set out on the kompany Website and/or any Order Confirmation.) Moody’s offers different plan types, each one bearing a specific fee in accordance with the services and/or products offered, as detailed on the kompany Website The plan fee is displayed at the time of the order and on the recurring invoices. The respective charges are due at the beginning of the plan period (e.g., monthly or yearly) and have to be paid in full (without offset or deduction for any fees and taxes, including banking/transfer fees or any withholding tax, or customs duties). Costs related to the orders of Information during the period will typically be invoiced monthly, however, Moody’s reserves the right to invoice at any time. Individual purchases of Information without a plan are not possible.

15.7 “Open Source Software” means individual software components that are provided with the Information for which the source code is made generally available to the public, and that are licensed under the terms of various published open source software license agreements or copyright notices accompanying such software components that permit the free redistribution and modification of the licensed software components. Client agrees and acknowledges that Open Source Software may be included or provided in connection with the Information. Any such Open Source Software is licensed pursuant to the original license governing such Open Source Software, which licenses are identified in and provided with the materials accompanying the relevant Information (including any “license,” “copyright”, “about,” “readme” or similar files contained in the Information). Notwithstanding anything to the contrary in this Agreement, all Open Source Software is provided by Moody’s on an “AS IS” basis and Moody’s disclaims all warranties with regard to the Open Source Software including, without limitation, all implied warranties of merchantability, non-infringement, and fitness for a particular purpose.

15.8 Invoices by Moody’s will be issued in electronic form (PDF) and shall be due and payable by Client upon receipt. Invoices are past due if not paid within 1 calendar day from the date of invoice. Late payments will be subject to interest of the maximum rate allowed by applicable law. The invoiced Fees shall be paid in full by Client (without offset or deduction for any fees, including banking/transfer fees, or customs duties). Moody’s shall have the right to increase any of its fees set forth hereunder with immediate effect in case third-party providers and/or its Licensors increase their prices which impacts the Information and/or Content, especially with respect to government fees charged to obtain the requested Information and/or Content (“Transitory Item”). Hence, Moody’s reserves the right to change the fees hereunder with respect to Transitory Items at any time. Moody’s will inform the Client about such changes as soon as reasonably possible.

15.9 Moody’s does not and cannot control the flow of information to and from the kompany Website and the performance of services provided by third parties (e.g. internet, PEP and sanctions screening providers, credit reference agencies, translation services). For this reason, Moody’s provides no warranty that use of third-party products and/or services will be uninterrupted or error free. In the event that Moody’s is unable to access Information or Content from a third-party, necessary to deliver such products or services, Moody’s will not be liable for any interruption in such products or services.

15.10 Client shall indemnify, defend, and hold harmless Moody’s, its Affiliates, successors and assigns, and each of their respective officers, directors, employees, shareholders, legal representatives, and agents (the “Moody’s Indemnified Parties”), from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third-party claim based on or arising out of Client’s or its Users’ access to or use of the Information, or the use or dissemination of any Information; provided, however, that (a) Moody’s shall have promptly provided Client with written notice thereof and reasonable cooperation, information, and assistance in connection therewith (except that Moody’s failure to do so will not relieve Client of its obligations under this Section 15.10 except to the extent that Client is materially prejudiced by such failure), and (b) Client shall have sole control and authority with respect to the defense, settlement, or compromise thereof; provided that Moody’s reasonable consent to any such settlement or compromise shall be required unless it includes a full release of liability for all the Moody’s Indemnified Parties and does not purport to impose any objections on any such Moody’s Indemnified Party. Moody’s shall be entitled, at its own expense, to participate in the defense of any claim subject to this Section 15.10 through counsel of its own choosing, and Client shall provide Moody’s with reasonable cooperation and assistance in such defense.

15.11 If Client receives any complaint, notice or communication (including from an individual, a regulator or law enforcement agency) which relates directly or indirectly to the Information, any personal data provided in the Information, or to either party’s legal compliance, including but not limited to applicable privacy laws or the parties’ privacy policies, it shall immediately notify Moody’s and it shall provide Moody’s with full co-operation and assistance in relation to any such complaint, notice or communication.

15.12 Client hereby authorizes Moody’s to collect, compile and use any information collected in the provision and/or delivery of the Information (including, but not limited to, any electronic data and information submitted by or for Client to Moody’s) for the purpose of providing the Information to Client, developing, testing and improving Moody’s and/or its Affiliates’ products and services, analyzing, and reporting the effectiveness of, and any trends in, corporate ethics and compliance programs according to industry, company size, country, geographic region or other relevant classification, and/or for other uses as Moody’s may decide.



Privacy Policy

LAST UPDATED: April 12, 2022

kompany respects and values your privacy. This Privacy Policy explains how we collect your Personal Data (defined below) on those web sites of kompany that post or link directly to this Privacy Policy (collectively, the “Site”) and through offline means, how we use, disclose, and protect such data, and the choices you have concerning our use of such data. Please read this Privacy Policy carefully. kompany may from time to time update this Privacy Policy. Any changes to this Privacy Policy will become effective when we post or link to the revised Privacy Policy on the Site. Any significant changes to the way we collect or use Personal Data will be highlighted on the homepage of the Site in advance. Please review the “Last Updated” legend at the top of this page to determine when this Privacy Policy was most recently revised.

For the purposes of this Privacy Policy, “kompany”, "we", "us", and "our" means 360kompany AG of Schwindgasse 7/12, 1040 Vienna, Austria, 360kompany UK Ltd of 38-42 Newport Street, Swindon, SN2 1HD, UK, and 360kompany USA Inc, 651 N Broad Street, Suite 206, County of New Castle, Middletown, DE 19709, USA.

In some circumstances, you may have the option to decline to provide us with any Personal Data to visit the Site. However, if you choose to withhold requested information, you may not be able to visit all sections or use all features of the Site.

This Privacy Policy shall also apply to any kompany mobile application and other forms of kompany online activity that reference this Privacy Policy. In such instances, the term “Site” shall include the applicable mobile application or other kompany online activity whenever that term is used herein.

Types of Data Collected

We gather Personal Data and Other Data (as described below).

Collection of Personal Data

Personal data is information that identifies you or can be used to identify or contact you, e.g., your name, email address, address, or phone number ("Personal Data"). We may need to collect and process Personal Data in order to provide requested information, products or services to you (including the Site) or because we are legally required to do so.

  • kompany requests Personal Data from you if the Site requires registration. The registration process requests that you provide Personal Data, such as your name, business email address, business address or country/jurisdiction location, business phone number, and company affiliation, and agree to the User Agreement presented at the time of registration.
  • kompany may receive Personal Data from social media platforms. For example, if you elect to use your social media credentials to log-in to your Site account, certain Personal Data from your social media account will be shared with us, which may include Personal Data that is part of your social media profile.
  • kompany may collect Personal Data voluntarily provided by you, including in emails, online forms, order and registration forms, surveys, promotion participation, online chats, phone calls, and through other means.
  • kompany may request Personal Data from our customers to comply with applicable anti-money laundering laws and other applicable laws.
  • We may use third-party payment services (each, a "Payment Service") to collect payments made through the Site. If you wish to make a payment through the Site, you may be directed to a webpage that is hosted by a Payment Service (or a Payment Service's service providers) and not by kompany. Any Personal Data that you provide through a Payment Service page will be collected by the Payment Service and not by kompany, and will be subject to Payment Service's privacy policy, rather than this Privacy Policy. kompany has no control over, and is not responsible for, a Payment Service's use of information collected through a Payment Service page.
  • kompany collects information through various other means, including searches online, participation at conferences and events, individual introductions, from employers that enroll their employees in our services or provide services to us, and from selected third-party business partners. From time to time, we may also acquire from third parties certain lists containing the names and contact information of individuals who may be interested in our products and services.

Use of Personal Data Collected

We use Personal Data transparently and in compliance with applicable law, for legitimate business purposes, including the following:

  • Fulfillment of Requests. kompany may use Personal Data about you to deliver products and services to you, and to provide you with information about products and services you’ve ordered. We will engage in these activities to manage our contractual relationship with you and to fulfil our contractual obligations.
  • Marketing Communications. From time to time, in compliance with applicable laws, we may use Personal Data about you to inform you of products, programs, services and promotions that we believe may be of interest to you. If your employer is a kompany customer, we may also inform you of such products, programs, services and promotions using Personal Data about you that your employer provided to kompany. We may also use Personal Data of media contacts for press release distribution or sharing other newsworthy developments related to our business activities. If you would prefer that we not send electronic marketing messages to you, please see the "Your Choices" section below.
  • Promotions. We may operate sweepstakes, contests and similar promotions (collectively, "Promotions"). If you choose to enter kompany Promotions, we may require certain Personal Data when you enter and, if applicable, win a Promotion. You should carefully review the rules of each Promotion in which you participate, as they may contain additional important information about our use of Personal Data about you. To the extent that the terms and conditions of such rules concerning the treatment of your Personal Data conflict with this Privacy Policy, the terms and conditions of such rules shall control. We will use this information to operate the Promotions.
  • Other Business Purposes. We may also use Personal Data about you for other business purposes, such as data analysis (for example, to improve the efficiency of our services), editorial and feedback purposes, providing customer support, customizing and improving the content and layout of the Site, completing business transactions (for example, to confirm content requested is received by customers), development and delivery of marketing and promotion plans and materials, statistical analysis of user behavior (for example, to understand what parts of the Site are of most interest to users), product development, receipt of services from you or your employer, conducting surveys and market research, and administering individual accounts.
  • Administrative Communications. kompany reserves the right to use Personal Data to send to you important information regarding the Site, products, services, your account status, the User Agreement, this Privacy Policy, or any other policies, agreements or transactions relevant to your use of the Site, products and/or services. Because this information may be important to your use of the Site, products and/or services, you may not opt-out of receiving such communications. We will engage in this activity to manage our contractual relationship with you and/or to comply with a legal obligation.
  • Compliance with law and regulation. We may use Personal Data as necessary to comply with applicable legal and regulatory requirements such as sales tax collection, audits, etc.
  • kompany uses Personal Data for purposes compatible with those notified in this Privacy Policy and any other online or offline applicable privacy notice, and in accordance with applicable law. Where required by applicable law, we will only use Personal Data with your consent.

Collection and Use of Other Data

We and our service providers may also collect and use the following types of data, referred to in this Privacy Policy as “Other Data”:

  • Monitoring Data. kompany and its service providers may collect and/or track other information such as demographic information, domain names, computer type, browser types, screen resolution, and other statistical data involving the use of the Site ("Monitoring Data"). We use Monitoring Data to help us understand who uses the Site and to improve and market it, as well as our other web sites and services.

    Unless combined with Personal Data, Monitoring Data does not personally identify you or any other user, and we may use it for any purpose.
  • Aggregated Data. We may aggregate Personal Data in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using information to calculate the percentage of our users who have a particular telephone area code. Such aggregate information may also be used for any purpose.
  • Cookies. To enhance the Internet experience on the Site, kompany and our service providers may use ‘cookies’ on the Site. Cookies are data that a web server transfers to an individual's computer for recordkeeping and other purposes. We use cookies and other technologies to facilitate users' ongoing access to and use of our Site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular web site, to your computer. If cookies are disabled, however, all features of the Site may not operate as intended. Information about disabling cookies can be found on your Internet browser provider’s web site.

    The Site may have a Cookie Policy that applies to its use of cookies and other similar tracking technologies. If it does, then the Cookie Policy will apply in addition to this Privacy Policy.
  • Tools.
    • We and our service providers may also use various common Internet tools such as 'pixel tags,' ‘action tags,’ ‘web beacons,’ ‘.gif tags,’ 'JavaScript' or similar technologies (together, "Tools") in connection with Site pages and email messages in certain formats to, among other things, track the actions of Site users and email recipients, to determine the success of marketing campaigns and to compile statistics about Site usage and response rates. Tools allow us to count users who have visited certain pages of the Site, to deliver services, and to help determine the effectiveness of promotional or advertising campaigns. When used in email messages in certain formats, Tools can tell the sender whether and when the email has been opened.
    • kompany uses cookies and Tools to understand how the Site is used and to customize and enhance the Internet experience of individual users. When you revisit the Site, kompany may recognize you by a Tool and customize your experience. For example, once you have completed the registration process, a cookie and/or Tool will be used to avoid having you register again. We believe cookies and Tools add value to the user experience.
    • We may use Google Analytics, which uses cookies and other similar technologies, to collect and analyze information about Site use and to report on activities and trends. The service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to https://policies.google.com/privacy/partners, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
    • We do not respond to browser do-not-track signals at this time.
  • Verification. We may use third-party services to verify that you are a human user. Any information collected as part of such verification is subject to the privacy policy of the third-party service provider.
  • IP Addresses. When you visit and interact with the Site, we and our third-party service providers may collect Internet Protocol (IP) addresses. Your IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. We use IP addresses to understand how the Site is used by our users, to improve the Site and to enhance user experience of the Site. We may also derive your approximate location from your IP address.

If we are required to treat Other Data as Personal Data under applicable law, then we may use and disclose it for the purposes described above, as well as for the purposes for which we use and disclose Personal Data as detailed in this Privacy Policy.

Our Advertising

We may use third-party advertising companies to serve advertisements regarding products and services that may be of interest to you when you access and use the Site, our apps and other websites or online services, based on information relating to your access to and use of the Site and other websites or online services on any of your devices, as well as on information received from third parties. To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags). They may also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop.

Disclosure of Personal Data Collected

We may disclose Personal Data for the following purposes:

  • Third-Party Service Providers. We may provide Personal Data to third-party service providers, who provide services to us, including but not limited to, data analysis, order fulfillment, payment processing, marketing automation, and other services. Our services providers have been carefully selected and commissioned by us, are bound by contract, and process Personal Data for purposes compatible with this Privacy Policy.
  • Affiliate Communications. In compliance with applicable laws, kompany may transfer Personal Data among our affiliates (a list of which is available at www.moodys.com/Affiliates_of_Moodys) to allow our affiliates to contact you regarding products, programs, services and promotions that they believe may be of interest to you, and such affiliates may otherwise use your Personal Data in accordance with the privacy policy applicable to them as specified in the referenced above in this bullet. If you would prefer not to receive marketing communications from kompany or our affiliates, please see the "Your Choices" section below. kompany Corporation will be the party responsible for jointly used Personal Data.
  • Strategic Partners and Co-Branded Sites. From time to time, we may enter into a special relationship with another company that is not owned by or affiliated with kompany to provide or promote joint products, services, applications, or features (together, “Jointly Offered Items”). These special relationships may include co-branded web sites (“co-branded pages”). Any information, including Personal Data, that you provide in connection with one of these Jointly Offered Items, and/or on one of these co-branded pages, will be shared with our third-party partners. You should check these third parties’ web sites for information regarding their privacy practices. PLEASE NOTE THAT THIS PRIVACY STATEMENT DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES. If you do not want Personal Data about you shared with such third parties, please do not provide Personal Data in connection with the Jointly Offered Items and/or co-branded pages.
  • Third-Party Data Providers. If you subscribe to a kompany product or service that contains third-party data, we may be required to provide your Personal Data to the third party as part of our reporting obligations. We will only do so if a third-party data provider conditions your receipt of their data on knowing your identity.
  • Conferences and Events. When you attend a conference or event organized by kompany, your name and contact information may be shared with other attendees and co-hosts of the conference or event.
  • Promotions. We may share the Personal Data you provide in connection with Promotions with third-party sponsors of such Promotions (irrespective of whether such Promotions are hosted by us), or otherwise in accordance with the rules applicable to those Promotions.
  • Assignment. We may disclose or transfer any and all Personal Data that we collect to an affiliated entity or a third party (and their respective advisors) in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
  • Law Enforcement; Emergencies; Compliance. We may use and disclose Personal Data about you to others as we believe to be appropriate: (a) in compliance with laws, rules, or regulations in any country in which kompany operates, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from government or public authorities, including government and public authorities outside your country of residence; (d) to enforce our Terms of Use; (e) to protect our operations or those of any affiliated entities; (f) to protect the rights, privacy, safety or property of kompany, its affiliated entities, you, or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose Personal Data about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities. Where we receive requests for Personal Data from domestic or foreign government or public authorities, we will resist, narrow or challenge such requests as appropriate and to the extent permitted by applicable law.

If you would like to receive more information on the third parties with whom we share your Personal Data, please contact us by using the information provided in the “Contact Information for kompany” section below.

Your Choices

We give you choices regarding our use and disclosure of your Personal Data for marketing purposes.

  • If you no longer want to receive marketing-related emails from us on a going-forward basis, you may stop receiving these marketing-related emails by sending an e-mail to support@kompany.com.
  • If you would prefer that we do not share your Personal Data on a going-forward basis with our affiliates or with unaffiliated third parties for their marketing purposes, you may cease this sharing by sending an e-mail to support@kompany.com.

We will comply with your request(s) as soon as reasonably practicable, and in accordance with applicable law. Further, please note that requesting us not to share your Personal Data with affiliates or unaffiliated third parties may result in you no longer receiving any marketing emails from kompany. Please also note that if you choose not to receive marketing-related messages from us, we may still send you important administrative messages, and you cannot elect to stop receiving such administrative messages, unless you choose to stop receiving services from us.

You may also indicate your choices regarding marketing-related emails by contacting us via postal mail or telephone using the information in the “Contact Information for kompany” section below, or if you have a Site profile/account, by changing your preferences on your Site profile/account at any time.

How you can access, change or suppress your Personal Data

If you would like to request to review, correct, update, suppress, delete or otherwise limit our use of your Personal Data that has been previously provided to us, or if you would like to request to receive an electronic copy of your Personal Data for purposes of transmitting it to another company (to the extent this right to data portability is controlled by, or is under common control with such party, and where “control“is defined by the direct or indirect ownership of stock or other interests entitled to elect a majority of the board of directors or other governing body of an entity, or the direct or indirect ownership of more than fifty (50) percent of the equity or profits interest in such entity.

4. DISCLAIMERS: Client agrees, on behalf of itself and each User that it permits to use any of the Information, that: (i) any ratings, estimates, forecasts, and/or other opinions contained in the Information are, and will be construed solely as, statements of opinion and not statements of fact, investment advice or recommendations to purchase, hold or sell any securities; (ii) any rating, estimate, forecast, or other opinion will be weighed solely as one factor in any investment decision; and (iii) it will accordingly, with due care, make its own evaluation of each security, and of each issuer and guarantor of, and each provider of credit support for, each security that it may consider purchasing, holding or selling. Client agrees, on behalf of itself and each User, that: (i) nothing contained in the Information shall create any duty of care on the part of Moody’s or any Moody’s Affiliate to Client; (ii) neither Moody’s nor any Moody’s Affiliate is acting as a financial adviser or other adviser to Client; (iii) no Information (whether in oral or written form) or statements or other communications supplied by Moody’s or any of its employees, representatives or agents shall constitute a representation or a warranty, or the provision of investment advice or any other advice; and (iv) it will not use the name of Moody’s or any of its Affiliates or products to state or imply any endorsement or recommendation on the part of Moody’s or its Affiliates of any investment, security, loan or other instrument, or of any activities carried out or undertaken by Client using Moody’s products or services. NEITHER MOODY’S NOR ANY MOODY’S AFFILIATE SHALL HAVE ANY LIABILITY TO CLIENT (AND MOODY’S AND THE MOODY’S AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY) BASED ON OR RELATING TO AN ALLEGATION THAT (A) MOODY’S OR ANY MOODY’S AFFILIATE OWES A DUTY OF CARE TO CLIENT, OR (B) THAT CLIENT’S USE OF AND/OR ACCESS TO THE INFORMATION, AND/OR MOODY’S OR ANY MOODY’S AFFILIATE USE, DEVELOPMENT AND/OR LICENSING OF THE INFORMATION, INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. Moody’s products are aimed at sophisticated institutional investors and it would be reckless for retail investors to base any investment decision on the Information. If in doubt Client should contact its financial or other professional adviser.

THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND MOODY’S AND ITS LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE INFORMATION, EXPRESS OR IMPLIED, AND WHETHER ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION: (I) ANY WARRANTY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, OR THE RESULTS TO BE OBTAINED FROM USE OF THE INFORMATION; (II) THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EVEN IF MOODY’S HAS BEEN INFORMED OF SUCH PURPOSE; AND (III) ANY WARRANTIES ARISING BY IMPLICATION OR FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. Under no circumstance shall Moody’s, its Licensors, suppliers, or any of Moody’s Affiliates, directors, officers, employees, representatives or agents (each a “Moody’s Party“and, collectively, the “Moody’s Parties”) have any liability to Client, User, or any other person or entity for any loss, damage or other injury in whole or in part caused by, resulting from or relating to, any error (negligent or otherwise), or any other circumstance or contingency within or outside the control of Moody’s or any of the Moody’s Parties or Licensors, in connection with the procurement, collection, compilation, analysis, interpretation, communication, publication or delivery of any of the Information, even if a Moody’s Party shall have been advised in advance of the possibility of such damages. Notwithstanding the foregoing, Client expressly agrees that the following limitation of remedies is an essential part of the consideration bargained for under this Agreement. The entire liability of the Moody’s Parties, and Client's exclusive remedy, for any errors or omissions in the Information is for Moody’s to provide Client, if possible using commercially reasonable efforts, with corrected Information.

5. LIMITATION OF LIABILITY: NONE OF THE MOODY’S PARTIES OR CLIENT SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR ANY LOSS OF DATA OR USE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE INFORMATION, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MOODY’S PARTIES OR THE AGGREGATE LIABILITY OF CLIENT ARISING FROM THIS AGREEMENT OR RELATED TO THE INFORMATION EXCEED THE AGGREGATE FEES AND CHARGES PAID OR PAYABLE BY CLIENT TO MOODY’S UNDER THE RELEVANT ORDER CONFIRMATION DURING THE PRECEDING TWELVE MONTH PERIOD. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY REGARDLESS OF HOW SUCH DAMAGES OR LOSSES ARISE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, REGARDLESS OF THE CAUSE OF THE LOSS OR INJURY AND REGARDLESS OF THE LEGAL RIGHT CLAIMED TO HAVE BEEN VIOLATED. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION 5 SHALL LIMIT OR EXCLUDE: (I) CLIENT’S OBLIGATIONS TO PAY ANY FEES DUE TO ANY MOODY’S PARTY HEREUNDER; (II) CLIENT’S LIABILITY FOR DAMAGES RESULTING FROM THE BREACH OF ANY LICENSE GRANTED IN THIS AGREEMENT OR THE APPLICABLE ORDER CONFIRMATION, OR FOR ANY OTHER VIOLATION OF A MOODY’S PARTY’S INTELLECTUAL PROPERTY RIGHTS; (III) CLIENT’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT; OR (IV) A PARTY’S LIABILITY WHICH ARISES OUT OF SUCH PARTY’S FRAUD OR WILFUL MISCONDUCT OR WHICH CANNOT OTHERWISE BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

6. FEES: Client shall pay to Moody’s the fees as are set forth on the Order Confirmation, which fees shall be invoiced by Moody’s and payable by Client annually in advance or upon such other payment schedule specified in the Order Confirmation, provided that Moody’s may increase the fees for any subscription service commencing on the next Renewal Term (as defined in Section 8) by providing written notice to Client at least sixty (60) days prior to the commencement of such Renewal Term. Moody’s may suspend all services hereunder in the event of any non-payment of fees. All fees are exclusive of taxes, if any. Client shall be responsible for any federal, state, local, value-added, service, withholding or similar taxes, if applicable, that are or may be imposed on any transaction hereunder (excluding any taxes based on Moody’s net income).

7. THIRD PARTY MATERIALS: Client agrees that the Information may contain third party materials provided by Licensors, and in this respect Moody’s relies upon the Licensors in providing such Information to Client. Accordingly, Moody’s duty to deliver such Information is subject in all respects to the timely supply of the relevant materials by such Licensors. Client agrees that availability of such third party materials shall cease automatically, without liability on the part of Moody’s or the Licensors, upon termination of Moody’s access to the materials for any reason. Client further agrees to comply with any additional terms or restrictions regarding use of the third party materials which the relevant Licensor and/or Moody’s may otherwise specify by notice to Client from time to time, including by way of a notification posted within the relevant service. Moody’s may from time to time and in its sole discretion add to, replace or terminate any of its Licensors or any part of the Information or its functionality, or replace the Information with successor products in the ordinary course of its business. Client agrees that the third party materials: (i) shall only be used for Client’s internal use in connection with its use of the Information; and (ii) shall not be used to create a data file, or develop, verify, correct or complete any other database (including, without limitation, a security master database). In the event Client has an appropriate agreement with a Licensor covering Client’s use of the materials supplied by such Licensor (the “Separate Agreement”), Client’s use of such materials shall be governed by the terms of the Separate Agreement for as long as it remains in effect, and nothing in this Agreement shall limit or affect Client’s rights under the Separate Agreement.

8. TERM AND TERMINATION: The term of each subscription and/or order set forth in an Order Confirmation commences as of the effective date set forth in the Order Confirmation and shall continue for an initial term of one year or such other term as specified in the Order Confirmation (“Initial Term”). Unless otherwise stated on the Order Confirmation, the subscription and/or order set forth in an Order Confirmation shall automatically renew for successive terms of thirty days each (each, a “Renewal Term”) unless either party has notified the other in writing at least thirty (30) days prior to the expiration of the then-current Initial Term or Renewal Term, as applicable, that the subscription and/or order set forth in the Order Confirmation shall not be renewed. Either party may terminate the subscription and/or order set forth in the Order Confirmation if the other party: (a) breaches any material term or condition of this Agreement or Order Confirmation and, except in the case of a breach of Section 10 or a material breach constituting a violation of the intellectual property rights of any Moody’s Party, fails to remedy the breach within thirty (30) days after being given written notice thereof; (b) ceases to function as a going concern or to conduct operations in the normal course of business; or (c) has a petition or similar action filed by or against it under any applicable bankruptcy or insolvency laws which petition or action has not been dismissed or set aside within sixty (60) days of filing. Moody’s may terminate any subscription and/or order set forth in an Order Confirmation hereunder in the event of any legal or regulatory change that, in Moody’s judgment, imposes new and additional cost or liability risk upon Moody’s and/or Moody’s Affiliates. In the case of a termination by Moody’s pursuant to the preceding sentence, or a termination by Client for Moody’s uncured material breach under this Section 8, Client shall be entitled to a refund of any fees prepaid to Moody’s for the affected Information in respect of the period after termination. At the termination or expiration of any subscription and/or order set forth in an Order Confirmation for any reason, Client shall cease all use of the Information under such Order Confirmation and promptly purge all Information provided under such Order Confirmation that has been stored in its computer systems, databases, or any data storage facilities owned or under its control, provided that Client shall have the right to retain: portions of the Information that constitute electronic data that is generally inaccessible or that has been stored on Client’s backup systems in the ordinary course of business as part of standard backup procedures, but only to the extent that such data is only accessible by person(s) whose function is primarily information technology, and provided that such person(s) only have limited access to such data to enable the performance of such information technology duties. In addition, Client may retain one copy of any such data from the Information as is necessary to comply with applicable audit, legal or regulatory requirements, professional obligations and standards and internal document retention policies, provided any such data may only be accessed for such purposes and may not be used for any other purpose whatsoever (including, but not limited to, any commercial purpose). Upon expiration or termination of this Agreement for any reason, all provisions but Sections 3, 101 and 15.10\ shall survive.

9. GOVERNING LAW AND ENTIRE AGREEMENT: This Agreement shall be governed by, and construed in accordance with, the laws of England and Wales, without reference to its conflict of law principles and without regard to the U.N. Convention on Contracts for the International Sale of Goods. The parties hereby consent to the exclusive jurisdiction of the English courts in any action arising out of or relating to this Agreement, and agree that any action arising out of or relating to this Agreement shall be maintained in the same jurisdiction. This Agreement contains the entire and only agreement between the parties relating to the subject matter hereof, and supersede all prior or collateral representations, warranties, promises or conditions, if any, in connection therewith. No amendment to, or waiver of, any term of this Agreement shall be binding upon either party hereto unless reduced to writing and signed by an authorized officer of the party against which it is asserted. For the avoidance of doubt, this Agreement shall not be modified by the terms of a purchase order or other document issued by Client relating to the Information or purporting to modify the terms hereof.

10. SANCTIONS COMPLIANCE: Client represents and warrants to Moody’s that it is not: (i) subject to asset freeze sanctions, such as by inclusion on the list of Specially Designated Nationals and Blocked Persons (“SDN List”) maintained by the U.S. Office of Foreign Assets Control, or the consolidated lists of asset freeze targets published by the UN, EU, or UK, nor is it owned or controlled by any such person(s) whether individually or collectively; (ii) organized, headquartered or, if a natural person, ordinarily resident, in a country or territory subject to comprehensive geographic sanctions imposed by the U.S. Government (currently Crimea, Cuba, North Korea, Iran, and Syria) or owned or controlled by any such person; or (iii) subject to restrictions regarding the receipt of U.S.-origin items by virtue of being on the Denied Persons List or the Entity List maintained by the U.S. Commerce Department. Additionally, the Client warrants that (a) it will not supply Moody’s products or services to any person who meets the criteria set forth in (i), (ii), or (iii), or use them for the benefit of, or for any transaction involving, any person who meets the criteria set forth in (i) or (ii) (hereinafter, collectively “Prohibited Entities”), and (b) it shall not supply to Moody’s any data related to any Prohibited Entity. For the avoidance of doubt, the foregoing prohibitions apply notwithstanding any terms in any Order Confirmation, addendum or other writing, whether express or implied. Accordingly, even if the scope of a license granted in this Agreement and/or any Order Confirmation, addendum or any other writing would otherwise include Prohibited Entities, the prohibitions herein shall prevail. For the purposes of this provision, “person” means any natural or legal person; “owned” means an equity interest of 50 percent or greater, whether held directly or indirectly; and “controlled” means the right or ability to dictate the decisions, actions, and/or policies of an entity or its management. Each party agrees that it will notify the other party if it learns that any representation made herein is no longer accurate. If the Client is in breach of this provision, or if Moody’s determines that it is prohibited under any applicable law or regulation from providing products or services under this Agreement, in addition to any other rights or remedies it may have, Moody’s may immediately terminate or suspend performance under the Agreement, Order Confirmation, addenda and related documentation.

11. ASSIGNMENT AND MISCELLANEOUS: This Agreement, or any duty, obligation, interest or right hereunder or thereunder, may not be assigned by Client without the prior written consent of Moody’s. If any such permitted assignment by Client would cause Client to exceed a License Parameter, notwithstanding anything to the contrary in Section 6, such assignment shall require the purchase of additional license or usage rights by Client. Any permitted assignee of Client must agree in writing to be bound by the terms and conditions of this Agreement. Any assignment in violation of this Section 11 shall be null and void. Moody’s may delegate some or all of its responsibilities to third parties provided it remains primarily responsible for the completion of its obligations. This Agreement shall be binding upon the parties hereto and their respective successors and permitted assigns. The Moody’s Parties shall be third party beneficiaries of the provisions of Sections 4, 5 and 7. The provisions of this Agreement are severable. If any provision shall be determined to be void or unenforceable, this Agreement and the validity and enforceability of all remaining provisions of this Agreement shall not be affected. This Agreement may be signed in counterparts, and each party agrees that facsimile, digitally scanned or other electronic copies of signatures shall be valid and binding as originals. Each of Moody’s and Client shall comply with all applicable laws and regulations in connection with the performance of its obligations under this Agreement, including but not limited to any applicable data protection and privacy laws and regulations. For information on how Moody’s processes and protects personal data, please see the Privacy Policy available at www.kompany.com.

12. REGULATORY TERMS: The receipt and use of the Information is subject to additional legal and regulatory requirements as set out below in this section (“Regulatory Terms”). The Regulatory Terms may be amended by Moody’s upon thirty (30) days’ notice to Client as a result of any new or amended legal, regulatory or other requirements which, in Moody’s sole discretion, affect the receipt and use of the Information. If any such change has a material adverse effect on Client’s use of the Information, Client may terminate the relevant order or subscription set forth in Order Confirmation at any time during such thirty (30) day notice period by providing written notice to Moody’s, in which case Client shall be entitled to a refund of any applicable fees under the Order Confirmation prepaid to Moody’s in respect of the period after termination.

Australia. To the extent the Information is received or used in Australia, the following Regulatory Terms shall apply:

Moody's Analytics Australia Pty Ltd [ABN 94 105 136 972] (“MA Australia”), having its registered office at Level 10, 1 O’Connell St., Sydney, NSW 2000 Australia, is the holder of Australian Financial Services License No. 383569 (“AFSL”) issued pursuant to the Corporations Act of 2001 (Australia). The Information provided to Client under this Agreement that consists of financial product advice (“Advice Information”) will be arranged by MA Australia under its AFSL and provided by Moody’s to Client. Moody’s and MA Australia have entered into an arrangement under which MA Australia has assumed responsibility for any acts or omissions by Moody’s in relation to any Advice Information provided hereunder by Moody’s. Client hereby represents and warrants that it is a “Wholesale Client” (as defined in Section 761G of the Corporations Act of 2001 (Australia)), and Moody’s provision of the Advice Information to Client is expressly conditioned upon the continuing accuracy of such representation and warranty throughout the term of the Agreement. In addition, Client acknowledges that the Advice Information is not intended for use by and shall not be distributed to any person in Australia other than a Wholesale Client, and, without prejudice to any other restrictions on distribution set forth herein, Client covenants and agrees that it will not distribute any Advice Information, including but not limited to any MIS Ratings, Expected Default Frequency data and/or related financial product research to a person in Australia other than a Wholesale Client.

Japan. The following Regulatory Terms shall apply to the extent the Information includes data on credit ratings assigned by certain Japanese affiliates of MIS as set out below:

Moody's Japan K.K. (“MJKK”) is a wholly-owned credit rating agency subsidiary of Moody's Group Japan G.K., which is wholly-owned by Moody’s Overseas Holdings Inc., a wholly-owned subsidiary of Moody’s Corporation. Moody’s SF Japan K.K. (“MSFJ”) is a wholly-owned credit rating agency subsidiary of MJKK. MSFJ is not a Nationally Recognized Statistical Rating Organization (“NRSRO”). Therefore, credit ratings assigned by MSFJ are Non-NRSRO Credit Ratings. Non-NRSRO Credit Ratings are assigned by an entity that is not a NRSRO and, consequently, the rated obligation will not qualify for certain types of treatment under U.S. laws. MJKK and MSFJ are credit rating agencies registered with the Japan Financial Services Agency and their registration numbers are FSA Commissioner (Ratings) No. 2 and 3 respectively. MJKK or MSFJ (as applicable) hereby disclose that most issuers of debt securities (including corporate and municipal bonds, debentures, notes and commercial paper) and preferred stock rated by MJKK or MSFJ (as applicable) have, prior to assignment of any credit rating, agreed to pay to MJKK or MSFJ (as applicable) for ratings opinions and services rendered by it fees ranging from JPY100,000 to approximately JPY550,000,000. MJKK and MSFJ also maintain policies and procedures to address Japanese regulatory requirements.

Ratings Disclosures. The following Regulatory Terms shall apply to Information that includes MIS credit rating data or that include MIS rating scorecards or models:

MIS hereby discloses that most issuers of debt securities (including corporate and municipal bonds, debentures, notes and commercial paper) and preferred stock rated by MIS have, prior to assignment of any credit rating, agreed to pay to MIS for the credit rating opinions and services rendered by it fees ranging from $1,000 to $5,000,000. Moody's Corporation (MCO) and its wholly-owned credit rating agency subsidiary MIS also maintain policies and procedures to address the independence of MIS's credit ratings and credit rating processes. MCO annually publishes on its website at www.moodys.com disclosures regarding certain affiliations that may exist between directors of MCO and rated entities, and between entities who hold credit ratings from MIS and have also publicly reported to the SEC an ownership interest in MCO of more than five (5) percent. Although certain of the products licensed hereunder are designed to predict what an MIS rating would be based on certain assumptions, financial and portfolio data and/or other variable inputs, the output from such products may or may not reflect a MIS rating actually assigned to such security or issuer, whether or not any of the assumptions or other data are correct, or the ultimate events related thereto differ materially from the factors used as inputs to such products. Nothing in this Agreement will compel MIS to assign, as a result of any Information, a particular rating or any revision thereof to the Client or any securities, debt or other instruments. Client understands that MIS may at any time refuse to issue any rating, or, if already issued, revise or withdraw such rating. Client further agrees not to represent, imply or otherwise suggest that any output from such products constitutes or affects an MIS rating, rating action, or opinion.

13. CHANGES IN AGREEMENT: MOODY’S RESERVES THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT UPON NOTICE, WHICH MAY BE GIVEN BY MOODY’S POSTING SUCH CHANGE (OR REVISED TERMS OF AGREEMENT) ON THE SITE, BY E-MAIL, OR BY ANY OTHER REASONABLE WAY. IF A CHANGE IS NOTIFIED BY A POSTING ON THE SITE, IT SHALL BE DEEMED TO TAKE EFFECT WHEN POSTED; IF A CHANGE IS NOTIFIED BY E-MAIL, IT SHALL BE DEEMED TO TAKE EFFECT WHEN THE E-MAIL IS SENT; AND IF A CHANGE IS NOTIFIED IN ANY OTHER WAY, IT SHALL BE DEEMED TO TAKE EFFECT WHEN THE RELEVANT NOTICE IS SENT OR ISSUED BY OR ON BEHALF OF MOODY’S. CLIENT’S CONTINUED USE OF THE INFORMATION FOLLOWING NOTICE OF SUCH CHANGES WILL BE CONCLUSIVELY DEEMED CLIENT’S ACCEPTANCE OF ANY CHANGES TO THIS AGREEMENT. CLIENT AGREES THAT NOTICE OF CHANGES TO THIS AGREEMENT ON THE SITE, DELIVERED BY EMAIL, OR PROVIDED IN OTHER REASONABLE WAY CONSTITUTES REASONABLE AND SUFFICIENT NOTICE.

14. NOTICES AND LANGUAGES:

a. Any notice to a party under this Agreement shall be in writing in the English language, signed by or on behalf of the party giving it and shall be delivered personally, by pre-paid first class post, (or airmail, if abroad), prepaid recorded delivery (or international equivalent) to the address of the party appearing on the Order Confirmation, or as otherwise notified in writing from time to time. A notice shall be deemed to have been served at the time of delivery, if delivered personally, or forty-eight (48) hours after posting for an address in the USA and five (5) working days after posting for any other address.

b. Notwithstanding any translation of the Agreement, the English language shall exclusively control the interpretation of the Agreement and all other writings between the parties.

15. SPECIAL TERMS

15.1 The Information shall be used by Client in assessing and managing risk with respect to Regulatory Compliance Obligations. The term “Regulatory Compliance Obligations” means legal and regulatory compliance obligations with respect to money laundering, fraud, corruption, terrorism, organized crime, regulatory and suspicious activity reporting, sanctions, embargoes, and other regulatory risks and associated obligations.

15.2 Notwithstanding any other term, the Information may not under any circumstances be used (i) to establish a consumer's eligibility for credit, insurance, employment, government benefits or licenses or any other transaction initiated by a consumer; (ii) to collect on an account; (iii) to determine whether a consumer continues to meet the terms of an account; or (iv) if the Information is to be used within the United States or for impacts within the United States, then for any other use that would be classified as a ‘consumer report’ or a ‘permissible purpose’ for the purposes of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq. Client shall assume full liability for any violation of this provision and shall indemnify and hold harmless the Moody’s Parties for any third party claims against the Moody’s Parties arising out of Client or a Client’s Affiliate’s breach of this provision.

15.3 Each User shall access and use the Information hereunder via a username and password. The Information and associated accesses described in the preceding sentence may only be used on behalf of the Client. Client will cause any individuals who are authorized by Client to access and use the Information (“Authorized Users”) to comply with all terms and conditions of this Agreement and Order Confirmation as if they were a direct party thereto, and will remain responsible for any actions or omission of the Authorized User (including, but not limited to, any breach of such terms and conditions by its Authorized Users). Client shall not (and shall cause each User and Authorized User to not) disclose or share their user-ID and password to any individual or entity outside of the Client. If Moody’s is made aware of any Client utilization of the Information that may be in violation of applicable law or third party rights, Moody’s has the right, but not the obligation, to require Client to cease such use, or to disable Client’s access to the Information. The kompany Website is available 24/7, except in the case of maintenance work. However, the availability of Information and/or Content depends and is based on the official operating hours of the respective third-party databases and services.

15.4 Except as expressly specified herein, Client will not (i) resell, rent, lease, sublicense or distribute the Information, or use it to render time sharing or service bureau services, or otherwise use the Information to provide services for or on behalf of third parties; (ii) use the Information and/or products hereunder to store or transmit any malicious code or any material that is infringing, libelous, unlawful or otherwise injurious or that would violate a person’s privacy rights; (iii) scan or otherwise test the kompany Website, the Information or any other technology assets owned by Moody’s or its affiliates for vulnerability or penetration; (iv) remove any copyright, trademark, or other proprietary notices contained in the Information; or (v) utilize any means to circumvent login, password, and other protections put in place to restrict access to certain parts of the Information.

15.5 “Content” means any of the Information listed at https://www.kompany.com/i/support/price that is ordered by the Client and accepted by Moody’s in accordance with the procedures set forth in this Section 15.5. From time to time during the Term, by submitting an order via the kompany Website, the Client may request Moody’s to furnish to Client certain Content and, if Moody’s accepts such request, in consideration thereof, Client shall pay to Moody’s the corresponding fees listed at https://www.kompany.com/i/support/price or as stated in an Order Confirmation, as such fees can be amended from time to time by Moody’s in accordance with this Section 15.5. Content will be delivered to Client via the kompany Website. A list of Content currently offered by Moody’s is set forth at https://www.kompany.com/i/support/price. Moody’s reserves the right to amend the fees for Content and discontinue the provision of any Content from time to time with immediate effect by updating the corresponding fees for Content on the kompany Website or removing any Content from the kompany Website.

15.6 The Client shall pay for the access and/or use of the Information and/or Content in accordance with the charges set out on the kompany Website and/or any Order Confirmation.) Moody’s offers different plan types, each one bearing a specific fee in accordance with the services and/or products offered, as detailed on the kompany Website The plan fee is displayed at the time of the order and on the recurring invoices. The respective charges are due at the beginning of the plan period (e.g., monthly or yearly) and have to be paid in full (without offset or deduction for any fees and taxes, including banking/transfer fees or any withholding tax, or customs duties). Costs related to the orders of Information during the period will typically be invoiced monthly, however, Moody’s reserves the right to invoice at any time. Individual purchases of Information without a plan are not possible.

15.7 “Open Source Software” means individual software components that are provided with the Information for which the source code is made generally available to the public, and that are licensed under the terms of various published open source software license agreements or copyright notices accompanying such software components that permit the free redistribution and modification of the licensed software components. Client agrees and acknowledges that Open Source Software may be included or provided in connection with the Information. Any such Open Source Software is licensed pursuant to the original license governing such Open Source Software, which licenses are identified in and provided with the materials accompanying the relevant Information (including any “license,” “copyright”, “about,” “readme” or similar files contained in the Information). Notwithstanding anything to the contrary in this Agreement, all Open Source Software is provided by Moody’s on an “AS IS” basis and Moody’s disclaims all warranties with regard to the Open Source Software including, without limitation, all implied warranties of merchantability, non-infringement, and fitness for a particular purpose.

15.8 Invoices by Moody’s will be issued in electronic form (PDF) and shall be due and payable by Client upon receipt. Invoices are past due if not paid within 1 calendar day from the date of invoice. Late payments will be subject to interest of the maximum rate allowed by applicable law. The invoiced Fees shall be paid in full by Client (without offset or deduction for any fees, including banking/transfer fees, or customs duties). Moody’s shall have the right to increase any of its fees set forth hereunder with immediate effect in case third-party providers and/or its Licensors increase their prices which impacts the Information and/or Content, especially with respect to government fees charged to obtain the requested Information and/or Content (“Transitory Item”). Hence, Moody’s reserves the right to change the fees hereunder with respect to Transitory Items at any time. Moody’s will inform the Client about such changes as soon as reasonably possible.

15.9 Moody’s does not and cannot control the flow of information to and from the kompany Website and the performance of services provided by third parties (e.g. internet, PEP and sanctions screening providers, credit reference agencies, translation services). For this reason, Moody’s provides no warranty that use of third-party products and/or services will be uninterrupted or error free. In the event that Moody’s is unable to access Information or Content from a third-party, necessary to deliver such products or services, Moody’s will not be liable for any interruption in such products or services.

15.10 Client shall indemnify, defend, and hold harmless Moody’s, its Affiliates, successors and assigns, and each of their respective officers, directors, employees, shareholders, legal representatives, and agents (the “Moody’s Indemnified Parties”), from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third-party claim based on or arising out of Client’s or its Users’ access to or use of the Information, or the use or dissemination of any Information; provided, however, that (a) Moody’s shall have promptly provided Client with written notice thereof and reasonable cooperation, information, and assistance in connection therewith (except that Moody’s failure to do so will not relieve Client of its obligations under this Section 15.10 except to the extent that Client is materially prejudiced by such failure), and (b) Client shall have sole control and authority with respect to the defense, settlement, or compromise thereof; provided that Moody’s reasonable consent to any such settlement or compromise shall be required unless it includes a full release of liability for all the Moody’s Indemnified Parties and does not purport to impose any objections on any such Moody’s Indemnified Party. Moody’s shall be entitled, at its own expense, to participate in the defense of any claim subject to this Section 15.10 through counsel of its own choosing, and Client shall provide Moody’s with reasonable cooperation and assistance in such defense.

15.11 If Client receives any complaint, notice or communication (including from an individual, a regulator or law enforcement agency) which relates directly or indirectly to the Information, any personal data provided in the Information, or to either party’s legal compliance, including but not limited to applicable privacy laws or the parties’ privacy policies, it shall immediately notify Moody’s and it shall provide Moody’s with full co-operation and assistance in relation to any such complaint, notice or communication.

15.12 Client hereby authorizes Moody’s to collect, compile and use any information collected in the provision and/or delivery of the Information (including, but not limited to, any electronic data and information submitted by or for Client to Moody’s) for the purpose of providing the Information to Client, developing, testing and improving Moody’s and/or its Affiliates’ products and services, analyzing, and reporting the effectiveness of, and any trends in, corporate ethics and compliance programs according to industry, company size, country, geographic region or other relevant classification, and/or for other uses as Moody’s may decide.



Cookies Policy

May 2021

1. kompany Cookies Policy

This is the Cookies Policy of 360kompany AG and its direct and indirect subsidiaries (“kompany” or “kompany Group” or “we”). kompany uses cookies on its websites, applications and other digital platforms (“Digital Presence”). This Policy applies to kompany Digital Presence and all person who use or visit our Digital Presence. By continuing to use or visit our Digital Presence, you agree to our use of cookies.

360kompany AG with its business address at Schwindgasse 7/12, 1040 Vienna, Austria, registered in the companies register of the Commercial Court of Vienna under FN 375714x is the parent company and is the responsible content provider of Digital Presence. kompany Group consist of the following companies which are all subsidiaries of 360kompany AG:

  • 360kompany USA, Inc with its business address at 2253 Edsall Avenue, Bronx, 10463 New York, USA, registered under 5121601 DE.
  • 360kompany UK Ltd, with its business address at 38-42 Newport Street, Swindon, SN1 3DR, England, United Kingdom, registered in the UK companies house under 13361766.

2. Our commitment

It is important to kompany that you feel safe during your visit of our Digital Presence and while using our services. kompany wants to give you the best possible experience with our Digital Presence to ensure that you enjoy the usage of our services. That’s why we want to understand user behaviour in order to improve it. For this, it is necessary to use cookies and similar technologies.

Cookies are small text files that are set and stored on a computer system via the internet browser, if you agree. Cookies are safe for your devices and they only store information used by your browser. Cookies cannot access any other content on your device, and they do not create malware or viruses. For more information about cookies, tracking, cookie settings and privacy concerns visit All About Cookies.

The objective of this Cookies Policy is to provide you with transparent and accessible information about cookies and tools we use, the role they play in helping us to provide the best user experience, as well as the possibilities you have regarding cookies settings and your privacy.

If personal data is processed, we will do so only in accordance with the GDPR and other applicable law. For further information in this regard, we refer to our Privacy Policy.

3. All about cookies

Cookies have different purposes and are used for many essential functions on our Digital Presence. In the following we explain those categories, as well as their purposes and functions:

Session cookies: These are temporary cookie files, which are only active for the browser session and are erased after you close your browser.

Persistent cookies: These are files which are stored for a longer period in your browser’s subfolders until you delete them manually or your browser deletes them after a period contained within the persistent cookie file.

  • Strictly necessary cookies: These are cookies that are required for the operation of our Digital Presence. They include, for example, cookies that enable you to log into secure areas.
  • Analytical and performance cookies: These are cookies that a recognise and count the number of visitors and see how visitors move around on our Digital Presence.
  • Functionality cookies: These are used to recognise you when you return to our website. This enables us to personalise our content for you and remember your preferences.

First-party cookies: These are cookies stored directly by the Digital Presence that you are visiting (e.g., by us or by an assigned third party).

Third-party cookies: We also use third parties when providing you with our Digital Presence, these thirst parties may also use cookies. We do not control these third-party cookies. These third parties include providers of external services like web traffic analysis services such as Google Analytics. Google Analytics allows us to track visitor activity on our sites. These third-party cookies are usually analytical and performance cookies.

4. Manage cookies settings

You can prevent setting of cookies through our Digital Presence at any time by selecting the appropriate setting (e.g., Do Not Track) in your browser. If you would like to block all or some cookies, you can visit the “options” or “preferences” menu on your browser in order to change your settings. If you decide to this, your setting change will apply to all websites that you’re using including our Digital Presence. By blocking strictly necessary cookies, it may impact on your accessibility and functionality to all or part of our Digital Presence.

To find out more about blocking some or all of your cookies, you may find the website pages below useful as a guidance. Please not that we are not responsible for the information on any of the following websites:

5. CONTACT US

If you have any questions about our use of cookies, please do get in touch with us at support@kompany.com.


GDPR

About KYC API

KYC API provides real-time access to structured, official and authoritative commercial register data, including company filings covering more than 55 million companies in 80+ countries and jurisdictions.

About the General Data Protection Regulation (GDPR)

On May 25, 2018, the new General Data Protection Regulation (GDPR) will enter into force Europe-wide. It introduces new rules for companies offering goods and services in the EU, or processing sensitive data of EU citizens. The aim of the regulation is to introduce high standards of data protection that apply uniformly throughout the EU.

Data Privacy at KYC API

We take the protection of your private information very seriously. The protection of your privacy when processing personal data is an important matter for us, which we account for in our business processes.

KYC API ensures the security and privacy of the personal data provided in compliance with the European General Data Protection Regulation (GDPR). The GDPR is a comprehensive European privacy law designed to ensure transparency, accountability, purpose limitation, accuracy, integrity and confidentiality and is core to the controls and processes we have in place to ensure we handle and process your data in accordance with your consent.

Security and confidentiality of our customers? data has been central to the design and operation of the KYC API platform since inception.

The KYC API core platform has been hosted in the EEA, specifically in Vienna, at an ISO 27001 certified data center located in Austria since the service was launched in 2012. Our IT service provider, nextlayer Telekommunikationsdienstleistungs- und BeratungsGmbH, operates IT services for a wide range of companies, including Austrian insurance corporations, banking groups and air carriers.

Our own rigorous and ever-expanding compliance program includes 3rd party audits that enable us to provide our customers reports validating the security of the platform with standards such as Payment Card Industry (PCI-DSS) Level 1 compliant billing platform, PCI DSS SAQ A (3.2, Rev 1.1) and ISO 27001 (nextlayer).

We have recently updated and adapted to our internal processes, policies and products to further strengthen our comprehensive data privacy and compliance programs.

You can find our latest Data Protection Policy here.

Our goal is to ensure that our customers are confident with KYC API as a trusted data processor. Some of the major adaptations already completed before May 25, 2018 include:

  • Building a universal Data Governance service on the platform to ensure consent is captured globally across the platform and commercial sites.
  • Documenting all external services in use companywide and ensuring compliance and transparency where data is shared or must be shared as part of the Business Support Systems (BSS).
  • Updates of our privacy policy and terms of service to reflect changes related to GDPR.
  • Building internal policies covering requests for information, the ability to correct personal information and likewise, to delete these.
  • Ongoing monitoring and reporting of processes and procedures.
  • Ongoing review with and by the respective government authorities in Austria and the EEA.

Detailed information on Data Protection can be found at the following link:https://www.data-protection-authority.gv.at/home