PROFILE AND INTENTION OF THE CONTRACTING PARTIES
a) YoUnique Business provides valuation services on companies and persons for the purpose of asset scoring, business risk assessment and profile identification for “Appropriate Verification” in the field of Anti-Money Laundering;
b) YoUnique Business has access to information from public registers, including information from Chamber of Commerce and real estate registers, has access to national and international press review services, has access to public profile information on persons holding local, national and international political office, has access to public information on persons subject to formal and official financial sanctions and on persons involved in international terrorism;
c) YoUnique Business has the necessary authorizations for this purpose, including the license pursuant to Article 134 of the Consolidated Law on Public Security (T.U.L.P.S.)
THE FOLLOWING IS HEREBY AGREED AND ENTERED INTO
Art.1 – Object of The Agreement
Art. 1.1 – The contents of the products are based on data from public registers, public sources or documents that are publicly available. The products are provided as a mere indication of facts, data and situations, useful exclusively as support for control, verification and in-depth analysis activities to be carried out by the Customer in the performance of its activities in compliance with the regulations in force.
Art. 1.2 – The Client declares that it knows and accepts the contents of the products covered by this Agreement.
Art. 1.3 – The Client shall use the products supplied by YoUnique Business to support solely its own internal activities,in accordance with the policies independently defined on the basis of the indications of the regulations in force.
Art. 2 – Limitation of liability of the Parties
Art. 2.1 – The data provided by YoUnique Business, in any way communicated (in writing, orally, electronically, etc.) cannot in any way constitute a guarantee for the Client; their purpose is solely to assist the Client in the performance of its activities; the Client operates in full discretion and undertakes to independently check and complete the information received from YoUnique Business, assuming all the consequences and burdens that may arise from relations with the parties to whom the information refers.
Art. 2.2 – The Client explicitly acknowledges that he/she has been informed of the sources from which YoUnique Business draws the data, and declares that he/she is aware of the impossibility for YoUnique Business to verify the accuracy, frequency of homonyms and identity of addresses, as well as delays by the Authorities responsible for recording / publishing / communicating the data.
Art. 2.3 – YoUnique Business does not guarantee the accuracy of the provided data. Each party undertakes to indemnify, defend, and hold the other party harmless from any loss or damage suffered due to breaches of their respective contractual obligations.
Art. 2.4 YoUnique Business’s overall liability will be limited to the amount paid by the customer in connection with the specific product or service in question, or the corresponding monthly installment or fee.
The parties agree that, concerning this provision and related contractual obligations, the applicable European legislation will be considered in a general manner, with the aim of ensuring compliance with the fundamental principles of contract law and good faith in contractual relationships.
Art. 2.5 – The Customer may report, under penalty of forfeiture, any errors found within 8 days of discovery and in any case no later than one year from the date of return of the service. Any dispute shall give rise to the timely and complete remaking of the contested service, the cost of which shall be charged to the Customer if it turns out that the data originally supplied was not incorrect; otherwise it shall be borne by YoUnique Business without further encumbrances.
Art. 2.6 – The parties assume no responsibility, with regard to confidentiality, for texts and products communicated to the Client by e-mail, Ftp, dedicated forums and any other means of communication adopted.
Art. 3 – Confidentiality of obligations
Art. 3.1 – All products and information are provided by YoUnique Business in a confidential manner; they are provided as mere reports of facts, data and situations, as support for control, verification and in-depth examination activities by the Client. The Client is liable to all effects for damages resulting from disclosures made or made accessible to third parties by him and/or by any other person employed by him. Third parties specifically include the person to whom the information and products covered by this Agreement refer.
Art. 3.2 – The Client undertakes not to divulge the content of this Agreement or the name of YoUnique Business as supplier of the products/services envisaged in the Agreement, unless otherwise authorized in writing by the parties. On the other hand, the Client may, at any time, cite the fact or report received, indicating the source from which the information, fact or report is taken.
Art. 3.3 – The Client is obliged to use the products/services in a manner that is correct, lawful and relevant to its purposes. He also undertakes to guarantee the security and confidentiality of the data also through the adoption of appropriate and adequate physical and computer security systems.
Art. 3.4 – Where the Client, following a request from a data subject, is required to indicate the origin of data relating to the data subject, he may expressly provide the details of YoUnique Business by means of a written communication, together with an indication of the sources of news and data concerning the data subject, including the Land Agency and the Chambers of Commerce for data produced, processed, published and in any case related to them, indicating the dates of updating, extraction or production. In any case, the client may not deliver, exhibit or reproduce, even in court, written reports or extracts, which remain the property of YoUnique Business, which may request their restitution, even verbally, at any time.
Art. 4 – Obligations in the use of services
Art. 4.1 – The Client may not:
a) use the products/services provided by YoUnique Business to disturb, limit and more generally to violate the rights of third parties, with particular regard to the right to confidentiality, as provided for by the European General data protection regulation (GDPR) as well as the legislative implementations of their own country. It is therefore not permitted to extract addresses for sending commercial communications;
b) engage in conduct contrary to the laws and regulations in force;
c) copy in full or reproduce in full, if not for internal use, the material supplied by YoUnique Business, which may not be sold or transferred to third parties either in its original form or as a complete copy.
Art. 5 – Proprietary Rights
Art. 5.1 – The Client acknowledges that YoUnique Business is the sole owner of intellectual and industrial property rights regarding the object of the supply, the software, and the technological supports, and undertakes to act appropriately to protect said rights.