Terms and Conditions of KYC API - the kompany API

April 2021

These General Terms and Conditions apply between 360kompany AG, an Austrian joint-stock company registered with the Austrian commercial register under FN 375714 x (“kompany”) and you (“Customer” or “you”) in respect of the Services provided by kompany (“T&C”).


1. General

1.1. kompany provides information services including searches and software services (“Services”) via its website https://www.kompany.com (“kompany Website”) and its associated API (“KYC API” together with the kompany Website the “kompany Systems”). The Services provide without limitation audit-proof primary source data and documents in real time from third parties (“Information”), and are made available to you via the kompany Systems.


2. kompany Customer

2.1. By using our kompany Systems and Services, you agree to become a Customer and these T&C apply to you. With each and every use of our kompany Systems and (free and fee-based) Services you confirm that you accept and comply with the T&C. If you do not agree with the T&C you must refrain from using kompany Systems.

2.2. kompany grants to the Customer a non-exclusive, limited, revocable, non-sublicensable and non-transferable right to access and use the Services for internal business use only, subject to these T&C.

2.3. You may purchase the Services by registering yourself on kompany Systems and providing us with valid and true information as required in the registration process. As soon as you have successfully completed the registration process and have chosen a plan (which is confirmed by kompany via e-mail) you are authorized to use all offered Services.

2.4. You may authorize other users including your employees, officers and agents (“Authorized Users“) by providing them with a secure user-ID and password (including any API-key) to the kompany Systems.

2.5. You shall

2.5.1. ensure that Authorized Users do not disclose or share their user-ID and password (including any API-key) to any party outside of the Customer, as this is a confidential information. The unlawful sharing or disclosure of the user-ID and password (including any API-key) by any Authorized User is a material breach of these T&C. If you believe that a third party has obtained access, you shall inform us immediately about such breach.

2.5.2. be responsible for installing any software and/or hardware and making any other arrangements required to use the Services, including use of a network or other connection required to access the Services.

2.5.3. provide kompany with the requested information necessary for providing the Services.

2.5.4. not sell, resell, license, lease, transfer, redistribute, assign or otherwise commercially exploit or make the Services and Information available to any third party, other than the Authorized Users.

2.5.5. use the kompany Systems lawfully and for lawful purposes only and comply with all relevant laws, rules and regulations in force.

2.5.6. use the kompany Systems for business to business and business purposes only.

2.5.7. not contract as a “consumer” (as defined by the Austrian Consumer Protection Act).

2.6. kompany offers Services to and enters into contracts only with persons of legal age.


3. Use of Services

3.1. The Customer acknowledges that a limited number of free searches on kompany Systems may be provided before payment for continued search usage functionality will be required and that jurisdictional limitations may apply.

3.2. The Customer may choose between a monthly or yearly plan. The Services may be offered in combination with an initial trial-period, during which the plan can be terminated at any time. If the Service is not cancelled during the trial-period, it is automatically upgraded to the chosen plan. Any offered trial-period can only be consumed once within 24 months. The chosen plan is automatically renewed at the end of the plan term, if not cancelled by the Customer.

3.3. The Customers acknowledges and confirms that he or she and any Authorized Users must comply with these T&C.

3.4. The Customer acknowledges that the Services may be updated and changed from time to time based on customer needs, business priorities and for any other reasons within kompany’s reasonable discretion.

3.5. As the Services are inter alia based on Information provided by third parties, changes of the Services may be required in order to meet legal, regulatory or factual requirements of these third-party providers.

3.6. kompany will provide customer service free of charge for reasonable Customer requests. If the service support request results in third party charges or significant additional attention, this will be agreed and charged separately.

3.7. The Services are available 24/7, except in the case of maintenance work. However, the availability of Information depends and is based on the official operating hours of the respective third-party information and services.


4. Pricing and payment

4.1. The Customer shall pay for the use of the Services and Information in accordance with the charges set out on kompany Systems (monthly/yearly plan fee and costs related to Information pursuant to https://www.kompany.com/i/support/price). 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 purchase of Information during the period will typically be invoiced monthly, however, kompany reserves the right to invoice at any time. Individual purchases of Services and Information without a plan are not possible.

4.2. All sums payable by the Customer under these T&C shall be paid free and clear of all deduction or withholdings unless the deduction or withholding is required by law, in which event the Customer shall pay such additional amount as shall be required to ensure that the net amount received by kompany hereunder will equal the full amount which would have been received had no such deduction or withholding been required to be made. If any tax authority brings into charge to tax any sum paid by the Customer hereunder, then the Customer shall pay such additional amount as shall be required to ensure that the total amount paid, less the tax chargeable on such amount, is equal to the amount that would otherwise be payable hereunder.

4.3. kompany reserves the right to change the pricing for its Services at any time. kompany may require amending its charges in case third party providers increase their prices, especially with respect to certain government fees in regard to the Information retrieval. Pricing quoted is exclusive of all taxes, duties, levies, fees or other similar charges (e.g., VAT) for which the Customer shall be liable (where applicable).

4.4. The Customer agrees to receive the invoices via email and in PDF-format.

4.5. In case Customer is in delay with payments, kompany may charge reminder fees to a reasonable relation to the amount in delay and as far as such fees are necessary to cover adequate costs of kompany to administer such delay and enforce the rights (a total amount of at least EUR 5.00 up to a maximum of EUR 15.00 will be charged). In case the respective Customer does not settle debts within a reasonable time, kompany reserves the right to entrust a debt collection agency with the collection of the claimed debt. In such case kompany will additionally charge EUR 5.00 processing fee for claims between EUR 0 and EUR 500.00 and EUR 10.00 processing fee for claims of more than EUR 500.00. Furthermore, any additional expenses charged by the debt collection agency towards kompany will be charged to the Customer, as long as these are reasonable and necessary to cover adequate prosecution costs.


5. Data Protection

kompany and Customer shall comply with data privacy laws and regulations, which relate to the protection of individuals with regards to the processing of “Personal Data” (as defined in the General Data Protection Regulation 2016/679 - GDPR) and this includes compliance with the GDPR and any applicable local data privacy laws. In the course of delivering the Services, kompany is GDPR-compliant as described in the Privacy Policy (https://www.kompany.com/i/privacy).


6. Warranties

6.1. kompany does not and cannot control the flow of information to and from the kompany Systems and the performance of services provided by third parties (e.g., internet access, government and other registers, PEP and sanctions screening providers, credit reference agencies, translation services, etc). For this reason, kompany provides no warranty that use of the third-party services will be uninterrupted or error free. In the event that kompany is unable to access Information from a third party, necessary to deliver the services, kompany will not be liable for any interruption in the Services.

6.2. Since kompany receives Information from various company registers, financial and tax authorities as well as other third-party sources, kompany does not warrant the accuracy, completeness and reliability of third-party content. kompany will make reasonable commercial efforts to ensure Information accessible through the Services is up to date and complete. To the maximum extent permitted by law, kompany disclaims all liability for any error, inaccuracy or incompleteness in Information supplied.

6.3. kompany will make reasonable commercial efforts to ensure that its kompany Website and its systems (e.g., KYC API) are free from virus or other technologically harmful material that may infect Customer’s computer equipment or systems due to the Customer’s downloading of the Information or use of the Services. To the maximum extent permitted by law, kompany disclaims all liability for any loss or damage caused by any technologically harmful material accessed or downloaded via the kompany Systems or arising from use of the Services or from downloading the Information.

6.4. To the maximum extent permitted by law and except as expressly set forth in these T&C, kompany expressly disclaims any warranty of any kind relating to the Services, whether express, implied, statutory or otherwise, including without limitation, any implied warranty of merchantability, fitness for a particular purpose or the reasonable use of skill and care. Information and Services are provided on an “as is” basis and, to the maximum extent permitted by law, without any warranty of any kind.


7. Right of withdrawal

As stated in these T&C our Services are intended for commercial use and commercial clients. Should you be in breach of this provision, you must explicitly give up your 14-day right of withdrawal, from which consumers benefit according to section 11 of the Austrian Fern- und Auswärtsgeschäfte-Gesetz – FAGG, in order to allow kompany in accordance with section 18 para 1 no 11 FAGG to share the Information before the right of withdrawal expires. kompany Systems transmit a confirmation of the closed contract according to section 5 para 2 of the FAGG immediately after the purchase.


8. Termination

8.1. The Services may be terminated by providing one month notice prior to the end of a chosen plan. Such termination taking effect with respect to the chosen plan at the end of the respective plan period.

8.2. Either party may terminate this agreement immediately by written notice (e-mail sufficient), if (a) the other party has a bankruptcy order made against it or makes an arrangement or composition with its creditors, or enters into any form of insolvency, or has a receiver and/or manager, administrator or administrative receiver appointed over its undertaking or assets or any part thereof; or (b) the other party ceases or threatens to cease to carry on business; or (c) the other party commits a material breach of this agreement and (if such breach is remediable) fails to remedy that breach within thirty (30) calendar days of receiving written notice (e-mail sufficient) requiring it to do so.

8.3. Without prejudice to the remainder of the T&C or any remedies available at law, kompany may immediately suspend or terminate the Customer’s use of the Services, without liability or refund, if the Customer fails to make a payment due under the T&C or if additional verification of the Customer is required.


9. Indemnification

9.1. kompany will indemnify and hold Customer harmless from Losses resulting from any claims brought by unaffiliated third parties against Customer alleging that use of the Services as permitted herein infringes any intellectual property rights of any third party. “Losses“ means in connection with an indemnified claim, defense costs, the amount of a final judgement (including any award of fees and expenses) rendered against the indemnitee, and/or the amount of a settlement entered into by the indemnifying party, or with the indemnifying party’s consent.

9.2. Customer will indemnify and hold kompany harmless from Losses resulting from any claims brought by unaffiliated third parties against kompany (i) alleging that Customer’s use of the Services in breach of this T&C, infringes any intellectual property rights of any third party, or (ii) related to any acts or omissions of Customer or the Authorized Users in breach of Clause 2.5 of this T&C.

9.3. Each party’s obligations under Clause 9.1 and 9.2 are expressly conditioned on the party subject to a claim (a) providing prompt notice of the claim; (b) giving sole control of the defense and settlement of the claim to the other party; (c) reasonably cooperating with the party in charge of the defense; and (d) not having compromised or settled such claim in any way or having made any admissions with respect to such claim without the defending party’s prior written consent.

9.4. Should the Services become (or in the opinion of kompany, be likely to become) the subject of a claim of infringement of any third party's intellectual property rights, kompany may at its option and at no cost to Customer (a) procure for Customer the right to continue to use the Services, (b) replace or modify the Services to make it non-infringing and functionally equivalent, or, only if neither of the foregoing remedies can be provided under commercially reasonable terms, (c) terminate the such Services and refund to Customer any pre-paid fees prorated to the remainder of the pre-paid term.

9.5. kompany will have no liability for any claim based on (a) use of the Services in combination with any software, hardware, network or system not supplied by kompany where the claim relates to such combination, (b) any modification or alteration of the Services and/or Information (other than by kompany), (c) Customer continuing any infringing activity after being informed of alleged infringement, or (d) use of the Services not in accordance with the T&C.

9.6. This section 9. states each party’s entire liability with respect to third party claims as described herein.


10. Liability

10.1. kompany shall

10.1.1. via commercial clients only be liable for any direct and foreseeable damage in the case of intent or in cases physical damages of persons negligently caused by kompany.

10.1.2. via consumers only be liable for any direct and foreseeable damage in the case of intent, gross negligence or in cases of physical damages of persons negligently caused by kompany.

10.1.3. in no case be liable for indirect damages, consequential damages, especially but not limiting to damages to other software, lost profit, pure property damages of a Customer or third-party damage.

10.1.4. in particular not be liable for damages caused by interruptions of kompany Systems which are necessary for maintenance work or to avoid network disturbances and/or which are caused by inevitable occurrences which are outside kompany’s control.

10.2. To the maximum extent permitted by law, kompany’s liability for any claim, loss, expense, or damage arising under these T&C shall in no event exceed the total price paid for six (6) months’ use of services under the T&C in respect of the six (6) month period immediately preceding the date on which the event giving rise to the claim took place.

10.3. The Customer shall be responsible for all actions or omissions of the Authorized Users, and any breaches of these T&C, as if they were the Customer’s acts, omissions or breaches.


11. Intellectual Property

11.1. All intellectual property subsisting in, created during, or used in connection with the Services or Information, including any modifications and amendments thereto, provided to the Customer by kompany, shall be and remain the sole property of kompany or its licensors or other third-party providers. The Customer shall not, without kompany’s prior written consent, use or adopt any name, trade name, trading style or commercial designation used by kompany or the relevant owner, or do or omit anything to infringe on any intellectual property right relating to any Service or Information supplied by kompany or the relevant owner. The Customer agrees to notify kompany immediately if it becomes aware of any unauthorized use of our intellectual property.

11.2. In the event that new intellectual property, inventions, designs or processes evolve in the performance of or as a result of Services, including where modifications recommended by the Customer are incorporated by kompany into the Services, the Customer acknowledges that the same shall be kompany’s intellectual property unless otherwise agreed in writing.


12. Confidentiality

12.1. kompany and the Customer shall keep secure and secret any Confidential Information which such party has received from the other. “Confidential Information” shall mean any information, technical, commercial or of any other kind, whether written, oral or in electronic form, except such information which is publicly known or which has come to the public knowledge in any other way than through breach of this secrecy undertaking, or has been: (a) independently developed without access to such party’s Confidential Information; (b) rightfully received from a third party; or (c) required to be disclosed by law or by a governmental authority.

12.2. Neither kompany nor the Customer shall, even after the expiration of the T&C use or disclose to any third parties the Confidential Information except: (a) to those of its employees, officers, agents and sub- contractors required to know such Confidential Information for the purposes of their proper performance of these T&C; (b) to its auditors or such other third party having a right, duty or obligation to know such Confidential Information which disclosure shall only be made with the prior written consent of the disclosing party; or (c) to use the disclosing party’s Confidential Information solely in connection with the T&C and not for its own benefit or the benefit of any third party, in each case provided that such third parties have entered into confidentiality arrangements on terms at least as favorable as set out in this clause.


13. Public Relations

13.1. Customer agrees if requested by kompany to

13.1.1. release a joint press release (with the form and publishing details to be agreed between the parties). 13.1.2. allow kompany the use of the Customer’s logo and/or trademark(s) on kompany Website for the sole purpose of demonstrating this agreement, provided that this does not grant a license to use the Customer’s logo and/or trademark for any other reason.

14. Miscellaneous

14.1. The T&C exclusively govern the relationship between you and kompany and supersede any prior statements or agreements. Any of your terms and conditions are excluded from being applicable on the relationship between you and kompany.

14.2. If any provision or part-provision of these T&C is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the T&C.

14.3. Changes to and amendments of these T&C, including this clause, may be made by kompany at any time and become effective at the earlier of (i) the Customer accepts online the amended terms or (ii) within 1 (one) month after having published such changes or amendments.

14.4. No failure or delay by either party in exercising any right under these T&C will constitute a waiver of that right. Any waiver, to be effective, must be in writing and signed on behalf of the party who is waiving the breach or provision.

14.5. kompany and you agree on communication in English language. Subject to the German terms in brackets referring to Austrian legal terms (which shall be interpreted only with respect to their meaning under Austrian law and with respect to the German language term in brackets), any other language used shall be only used for purposes of convenience. Respectively every communication or notice shall be made in English language. The English language version of these T&C is the prevailing version.

14.6. Except for any payments due hereunder, neither party shall be responsible or liable for any failure to perform its obligations due to causes beyond its reasonable control, including but not limited to acts of God, war, riots, terrorist acts, embargoes, acts of civil or military authorities, fires, floods, earthquakes, accidents, strikes or other form of industrial actions, failure of any communications services or utility service for the duration of any such circumstances or cause.

14.7. These T&C and any Services hereunder shall be governed by and construed in accordance with the laws of the Republic of Austria to the exclusion of the provisions of the United Nations Convention on the International Sale of Goods and without giving effect to any statutory conflict of law provisions or rules that would cause the application of the law of any jurisdiction other than Austria.

14.8. Any and all disputes or divergences or claims shall be exclusively dealt with the commercial court (Handelsgericht), 1010 Vienna.


15. Special Terms and Conditions for RegisterDirect

15.1. Online access to the commercial register database and the land registry database for the Republic of Austria can be obtained from kompany. kompany has been commissioned as the official clearing house for the Austrian Federal Ministry for Justice to process enquiries relating to the commercial register and land register, whereas this service shall henceforth be referred to as "RegisterDirect". With these special terms, Customers have the right to use the IT applications, services, access and products provided within RegisterDirect ("Applications") under the conditions set out in this section.

15.2. The Applications are run during the hours of operation of the commercial registry database and the land registry database of the Republic of Austria. These hours of operation are referred to as the core operating time, whereas the operation of or access to RegisterDirect or the Applications may be suspended or restricted – also during the core operating time – due to, especially but not limited to, urgent problem solving by such databases, kompany or overload, malfunction or collapse of the Austrian or international telecommunications networks. Outside the core operating time, constant access to these Applications is not guaranteed (e.g. due to maintenance work). The Applications are run on equipment belonging to kompany. Data obtained from the Applications originates directly from the respective data bases or systems of the Republic of Austria.

15.3. In order to use the Applications, a Customer of RegisterDirect must purchase the respective plan. A Customer of RegisterDirect is not permitted to resell data from the Applications for commercial use and must adhere to the copyright laws of the Republic of Austria.

15.4. For a Customer of RegisterDirect and the Applications, the provisions of these T&C shall apply, whereas in case of a conflict between this section and the other sections of the T&C, this section shall prevail.


Privacy Policy

Effective November 7th, 2019

1. General

1.1. Data protection is a matter of trust and your privacy is important to us. To make you feel safe when visiting our service and purchasing products, we comply with the applicable data protection laws (General Data Protection Directive/GDPR, Austrian Telecommunications Act/Telekommunikationsgesetz/TKG 2003) when processing your personal information and will hereinafter inform you about the data we collect and how we use it.

1.2. This privacy policy relates solely to 360kompany AG, Schwindgasse 7/12, 1040, Vienna, Austria


2. Definitions and legal references

2.1. Personal data: any information regarding a natural person, which is, or can be, identified, even indirectly. Examples are name, address, e-mail-address, telephone number, birth date, age, sex, social security number, pictures or even biometric data.

2.2. Usage data: information collected automatically from kompany (or third party services employed by kompany), which can include: the IP addresses or domain names of the computers utilized by the Users who use kompany, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.

2.3. User: the individual using kompany, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refer.

2.4. Data subject: the natural person to whom the Personal Data refers.

2.5. Data processor (or data supervisor): the natural person, legal person, public administration or any other body, association or organization authorized by the Data Controller to process the Personal Data in compliance with this privacy policy.

2.6. Data controller (or owner): the natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of kompany. The Data Controller, unless otherwise specified, is the Owner of kompany.

2.7. kompany: the hardware or software tools by which the Personal Data of the User are collected.

2.8. Cookies: small pieces of data stored in the User's device.


3. Data Controller

The controller for the purpose of the General Data Protection Regulation is:
360kompany AG (hereinafter "kompany")
Schwindgasse 7/12
1040 Vienna
Austria
Phone: +43 720 230360
E-Mail: apisupport@kompany.com
Website: https://www.kompany.com/


4. Personal data

4.1. The Data concerning the User is collected to allow the Data Controller to provide its services, as well as for the following purposes: Registration and authentication, Remarketing and behavioural Targeting, Handling payments, Analytics, User database management, Contacting the User, managing email addresses and sending messages, Advertising and Infrastructure monitoring.

4.2. Among the types of Personal Data that kompany collects there are:

  • First Name & Last Name
  • Phone number
  • Email
  • Company Name
  • Address, State, Province, ZIP/Postal code, City
  • VAT Number
  • Password
  • Cookie and Usage Data

4.4 If you register to our mailing list or for our newsletter, you will be added to the contact list of those who may receive email messages containing information of commercial or promotional nature concerning kompany. Email addresses might also be added to this list as a result of signing up to kompany or after making a purchase. For the purpose of sending you those e-mails we collect your email, first name, and last name. In some cases, we collect your company name and VAT number. You can revoke your consent at any time.

4.5 If you choose to contact us via our contact forms, you authorize kompany to use your details to reply to requests for information as well as for quotes or any other kind of request. If you use the contact form we will collect your email, first name, last name, password, company name and phone number.

4.6 By registering or authenticating, you allow kompany to identify and give you access to dedicated services. You register by filling out the registration form. For the purpose of registration, you provide us with the following personal data which will be collected by us: email, first name, last name, password and in some cases company name and VAT number.

4.7 The Personal Data collected is freely provided by the User when using the kompany live services.

4.8 All Data processed via the service hosted by kompany are used by kompany solely for the purpose of providing the service to the Users. Such Data will not be transferred or sold by kompany to any third party. The Owner reserves the right to aggregate the Data imported on the application by the different kompany Users, for the purpose of creating anonymized aggregated metrics.


5. Methods of processing

The Data Controller processes the Data of Users in a proper manner and is taking appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the service (administration, support, sales, marketing, legal, system administration, financial) or external parties (such as third party service providers, mail carriers, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.


6. Place

The Data is processed at the Data Controller’s operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.


7. Legal basis for processing personal data

7.1. Consent – Art 6 (1) (a) GDPR

For certain processing operations we will seek your consent, e.g. sending you our newsletter. In the context of consent to the processing of your personal data, processing will take place only in accordance with the purposes set out in the declaration of consent and to the extent agreed therein. Once you have given your consent, you can revoke it at any time with effect for the future.

7.2. Contractual Obligations – Art 6 (1) (b) GDPR

Personal data will be processed in order to provide and arrange kompany's services, most notably in order to perform our contracts with you and to execute your requests. The purposes of data processing are primarily dictated by the specific product, the respective contract documents and the Terms and Conditions.

7.3. Legal Obligations – Art 6 (1) (c) GDPR

Personal data may be processed for the purpose of fulfilling various legal obligations, e.g. tax obligations or obligations arising out of license agreements with commercial registers.

7.4. Legitimate Interests – Art 6 (1) (f) GDPR

If it is necessary and after weighing up interests, data may be processed in favour of kompany beyond the actual performance of the contract in order to protect our legitimate interests. Situations in which data is processed to protect legitimate interests for example include

  • Our Website using cookies, storing the IP-address and log-in information,
  • Measures to prevent and combat fraud,
  • Measures to correct the delivery of faulty services.

8. Provision of personal data

Both for the conclusion of the contract as well as its fulfilment it is necessary that you provide us with your personal data, which will be processed by us. You are only obliged to provide personal data that is necessary for the assumption and performance of the business relationship and which kompany is obliged by law to collect. Failure to provide certain Personal Data will make it impossible for kompany to provide its services or fulfil an existent contract.


9. Cookies & Server Log Files

9.1. Any use of Cookies – or of other tracking tools – by kompany or by the owners of third party services used by kompany, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User.

9.2. For operation and maintenance purposes, kompany and any third party services may collect files that record interaction with kompany (System Logs) or use for this purpose other Personal Data (such as IP Address).


10. Web and email analysis

10.1. Marketing: kompany uses a third party marketing and sales platform to manage a database of companies and contacts to communicate with the User. This service is also used to send emails and collect data concerning the date and time when the mail is viewed by the User, as well as when the User interacts with incoming mail, such as by clicking on links included in the mail.

10.2. Analytics, Monitoring and Reporting: Various services are used to collect, to track and to examine web traffic and can be used to track User behavior.

10.2.1. Google Analytics (Google Inc.): Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of kompany, to prepare reports on its activities and share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network. Personal data collected: cookies and usage data. For further information please read Google's privacy policy. If you want to prevent your data from being used by Google Analytics you have the possibility to opt out. If you wish to do so please visit this website.

10.2.2. Hotjar (Hotjar Ltd): The Hotjar Analysis tool measures and observes user interaction with the kompany user interface. Personal data collected: IP-address, cookies and usage data. For further information please read Hotjar's privacy policy.

10.2.3. HubSpot (HubSpot, Inc.): HubSpot is an inbound marketing and sales platform to send emails, store user data and which can use IP recognition to track usage of kompany’s website. Personal data collected: IP-address, cookies and usage data. For further information please read HubSpot’s privacy policy.

10.2.4. Microsoft Advertising (Microsoft Corp.) is an online advertising service, allowing kompany to offer relevant content to users searching on the Microsoft network through the use of keywords determined by kompany. Personal data collected: IP-address, cookies and usage data. For further information please read Microsoft’s privacy policy.

10.2.5. Google Advertising (Google Ireland ltd.) is an online advertising service, allowing kompany to offer relevant content to users searching on the Google network through the use of keywords determined by kompany. Personal data collected: IP-address, cookies and usage data. For further information please read Google’s privacy policy.

10.3. Service Monitoring and Reporting: kompany also uses services to enable kompany to monitor the use and behavior of its components so that performance, operation, maintenance and troubleshooting can be improved.


11. Social Media and Advertising

11.1 Remarketing and Behavioral Targeting: These services allow kompany and its partners to send, optimize and serve advertising based on past use of kompany by the User. This activity is performed by tracking Usage Data and by using Cookies, information that is transferred to the partners that manage the remarketing and behavioral targeting activity.

11.2 Advertising: These services allow User Data to be utilized for advertising communication purposes displayed in the form of banners and other advertisements, possibly based on User interests. This does not mean that all personal data are used for this purpose. Information and conditions of use are shown below. Some of the services listed below may use Cookies to identify Users or they may use the behavioral retargeting technique, i.e. displaying ads tailored to the User’s interests and behavior, including those detected outside kompany. For more information please check the privacy policies of the relevant services.

11.2.1 AdRoll (Semantic Sugar, Inc.): AdRoll is an advertising service provided by Semantic Sugar, Inc. Personal data collected: Cookie and usage data. For further information please read AdRoll's privacy policy.

11.2.2 Facebook Remarketing (Facebook Inc.): Facebook Remarketing is a Remarketing and Behavioral Targeting service provided by Facebook Inc. that connects the activity of kompany with the Facebook advertising network. Personal data collected: cookie and usage data. For further information please read Facebook's privacy policy.

11.2.3 LinkedIn Remarketing (LinkedIn Inc.): LinkedIn Remarketing is a Remarketing and Behavioral Targeting service provided by LinkedIn Inc. that connects the activity of kompany with the LinkedIn advertising network. Personal data collected: Cookies and usage data. For further information please read LinkedIn's privacy policy.

11.2.4 Twitter Remarketing (Twitter Inc.): Twitter Remarketing is a Remarketing and Behavioral Targeting service provided by Twitter, Inc. that connects the activity of kompany with the Twitter advertising network. Personal Data collected: Cookie and Usage Data. For further information please read Twitter's privacy policy. For more information about opting out please visit this website.

11.2.5 Google Remarketing (Google Ireland Ltd.): Google Remarketing is a Remarketing and Behavioral Targeting service provided by Google Ireland Ltd. that connects the activity of kompany with the Google advertising network. Personal data collected: Cookies and usage data. For further information please read Google’s privacy policy.


12. Disclosure of your personal data

12.1. In order to provide our services, it is necessary to disclose your data to third parties.

12.2. Some of the recipients of your personal data are located outside the European Union and/or process your data there. The data protection level in other countries may not comply to that of Austria. However, kompany only transmits your personal data to countries for which the EU Commission has decided that they have an appropriate level of data protection. If this is not the case we take measures to ensure that all recipients have an adequate data protection level, for which we conclude standard contractual clauses (2010/87/EC and/or 2004/915/EC).

12.3. User Database Management: kompany uses regulated third party services to manage user profiles. These profiles are built from an email address, a personal name, or other information that the User provides to kompany. This personal data is matched with publicly available information about the User (such as organisations and company profiles) and used to build profiles that the Owner can use for improving kompany. kompany's core platform also manages user profiles and is hosted in the EEA at an ISO 27001 certified data center located in Austria.

12.4. Handling payments: Payment processing services enable kompany to process payments by credit card, bank transfer or other means. To ensure greater security, kompany shares only the information necessary to execute the transaction with the financial intermediaries handling the transaction.

12.5. Hosting and monitoring: kompany's core platform is hosted within the ISO 27001 certified date centers operated by Next Layer Telekommunikations- und Beratungs GmbH, located in Austria. Next Layer operate digital and physical security measures consistent with the certification for both live datastores and backups. kompany also uses Amazon Web Services (AWS) hosting service platform in Germany, Dublin, USA and Singapore.

12.6. The User’s Personal Data may be used for legal purposes by the data controller, in court or in the stages leading to possible legal action arising from improper use of kompany or the related services.

12.7. We will disclose user’s personal information where the data controller is bound to do so, at law or via a court order as well as to meet any legal or regulatory requirement or obligations. The data controller will use all reasonable efforts to ensure that those requirements or obligations are in accordance with Applicable Law.

12.8. The data controller reserves the right to disclose user information to any Third Party, if the data controller has reasonable information to believe that the disclosure is necessary for the purpose of an investigation and/or for the enforcement of any breaches of the Terms of Service (if applicable), to detect, prevent or otherwise address fraud, security, technical issues or other irregularities or illegalities, protect the rights and interests as well as the property of kompany.

12.9. The data controller will disclose the user's data upon request of public authorities.

12.10. kompany does not sell any Personal Data collected or processed as part of using the kompany service.


13. Period of storage

The Data is processed as long as it is necessary to fulfil our contractual or legal obligations as well as to prevent possible liability claims. We take care that your Personal Data is handled according to this Privacy Policy during the entire time period. The Data is kept for the time necessary to provide the services requested by the User or stated by the purposes outlined in this document, and the User can request that the Data Controller suspend or remove the data, except where legal obligations require the Data Controller to maintain records including the Data.


14. Rights of affected persons

14.1. As customer or Data Subject you have at any time the right to request information about your stored Personal Data, their origin and recipients and the purpose of data processing. You also have the right to demand rectification, transfer, and, where applicable, to object or restrict the processing or deletion of inaccurate or improperly processed data.

14.2. If you believe that the processing of your personal data by kompany violates the applicable data protection law or your data protection claims in any other way, you may complain to the competent supervisory authority. In Austria the competent supervisory authority is the Austrian Data Protection Authority (österreichische Datenschutzbehörde).


15. Contact Person

Johanna Konrad, Chief Strategy Officer
Schwindgasse 7/12, 1040 Vienna, Austria

dataprotection@kompany.com

16. Right of modification

The Data Controller reserves the right to make changes to this privacy policy at any time and to update it on this website. It is strongly recommended to check this page often, referring to the date of the last modification listed at the top. If a User objects to any of the changes to the Policy, the User must cease using kompany and can request that the Data Controller removes the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Data Controller has about Users.


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