The Client (Licensee) is an obliged entity under Section 2 of Act No. 253/2008 Coll., on selected measure against the legitimisation of proceeds of crime and financing of terrorism, as amended (“AML Act”).
The Software is suitable for use as a system that serves as a supplement for carrying out client scoring for the Licensee’s internal needs (the “Internal Scoring”) and that further makes identification of the Licensee’s clients possible according to Section 7 of the AML Act and due diligence thereof according to Section 9 of the AML (the “AML Check”). The Software does not, however, replace the carrying out of these activities by the Licensee.
The Software is provided to the Licensee exclusively for use on the Licensor’s server (i.e., in the form of software as a service), where the Licensor also arranges installation, hosting and operation of the Software.
The Licensor shall provide the Licensee the authorisation to exercise the right to use the Software (licence) in the ways and in the scope set out in agreement.
The Licensor shall arrange for the Licensee operation of the Software on the server (hosting services) under the conditions set in agreement.
The Licensee shall provide the Licensor with cooperation required for the Licensor to fulfil his obligations hereunder and shall pay the Licensor a fee for the provision of the licence to the Software and a fee for the provision of the hosting services.
When using the Software, the Licensee must proceed in compliance with the User Documentation and in compliance with the instructions that the Licensee was acquainted with in the form of training or instruction. This includes observing the system of access rights to the Software. The Licensee may apply user settings to the Software.
The Software is protected by copyright.
All information about the financial and legal conditions of using AMLsystem shall be deemed confidential along with all information that the Parties learned about in connection with the performance. Any data or other output obtained by the Licensee 2 / 3 by using the Software shall also be considered Confidential Information.
The Software serves primarily as a supplement to internal scoring of clients carried out by the Licensee and that it shall not in any degree replace client identification and/or due diligence in accordance with the AML Act (AML Check).
The Software only constitutes the technical means to carry it out (i.e., particularly a means for the management and administration of procedures and data); client identification and due diligence in accordance with the AML Act are, however, carried out in the full extent by the Licensee himself. For this purpose, the Software can be modified according to the Licensee’s instructions to correspond to the Licensee’s obligations and binding procedures for carrying out client identification and due diligence under legal regulations (particularly under the AML Act) and under the Licensee’s internal regulations. The purpose of the Software is to provide information or other output obtained from the use of the Software, with it being possible for such data to only be used as background materials for the Licensee’s decisions, which, however, the Licensee makes exclusively himself.
The Software constitutes a technical means for carrying out internal scoring and conducting AML Checks.
For the purpose of conducting AML Checks, the Software had been modified before the conclusion of this Agreement to take into account the relevant data and criteria or procedures contained in the Licensee’s system of internal rules and risk assessment and in the relevant legal regulations (mainly financial limits for carrying out the various AML Check procedures, risk factors of the Licensee’s clients or products and their influence in terms of AML, facultative signs of suspicious transactions, marking of mandatory of ascertained or verified data, etc.).
For the purpose of conducting internal scoring and AML Checks, the following data (input data) will be required:
Name and surname
Date of birth
Place and country of birth
Address of permanent/temporary residence
Identification data in accordance with Section 5 of the AML Act
Scan of identity card in accordance with Section 4 of the AML Act or supplementary proof of identity or other proof of identity (if relevant)
Information about the purpose and intended nature of the business transaction or business relationship
Information about a client’s ownership or governance structure and its actual owner (if relevant)
Information about the registered office of a company or registered offices of its branches or business premises
Information about the source of a client’s financial sources and about its assets pertaining to a business transaction or business relationship
Information about whether a client is a politically exposed entity in accordance with the AML Act or any other information about the origin of the client’s assets.
Information about whether a client is found on any sanctions list