General conditions login services

1. Definitions
1. User: every person or company that in any way comes or will come under the supervision of the AFM and other parties who are in contact with the AFM via this desk.

2. Authorised representative: a party who acts as representative of a user towards the desk.

3. Products and services: all forms and downloads and other data that are made available via the AFM desk. Where the term service is used in the conditions, reference is made to product and/or service.

4. Account: access to various secure desk services; a user will gain access by entering an access code and a related password.

2. Access to the products and services
1. The desk contains several electronic products and services that are made available to Users.

2. Users will have to obtain the required login details themselves.

3. Businesses log in via DigiD with their Chamber of Commerce user name. Private persons log in with their personal DigiD code.

4. Users that are unable to log in via DigiD will receive an access code from the AFM upon request.

5. Authorised representatives will log in using their own login details. Once logged in, authorised representatives will be obliged to indicate which User they represent.

3. Use of accounts, access codes and passwords
1. The AFM will be authorised at all times to change, block or remove an account. The AFM will inform Users in respect thereof.

2. Users will be fully responsible for the use and management of their account(s), access code(s) and password(s) by or on their behalf. Users will keep password(s) strictly secret and ensure that these are not used by unauthorised third parties or for other purposes. Users will also observe due care when using the access code(s).

3. Users will (i) always comply with the AFM's reasonable instructions, (ii) not disturb the normal operation or integrity of the desk, (iii) not make any changes to the information provided by the desk, nor restrict or in any other way influence access to the desk, (iv) prevent nuisance to other users of the desk, and (v) ensure that information they communicate via the desk does not violate the rights of third parties or contain viruses or worms.

4. The AFM reserves the right to trace the access code used by Users to log in with respect to every action performed at the desk, such as logging in, reading, downloading, uploading and sending electronic forms.

5. As soon as the User knows or suspects that an access code or password is known or could be known to an unauthorised third party, he will report this immediately to the AFM.

4. Data exchange
1. The Online Administrative Business Act applies to the exchange of data traffic via the desk. The AFM will ensure, to the best of its abilities, that the exchange of data via the desk will take place in a sufficiently reliable and confidential manner, in view of the nature and content of the data exchange and its objective.

2. The AFM will accept electronic notifications and documents that can be sent via a service available from the desk only via the desk and not by email. The AFM will also be authorised to refuse an announcement sent electronically via the desk, if its reliability or confidentiality is insufficiently guaranteed, in view of the nature and content of the announcement and the purpose for which it was made.

3. Data provided by the User will be used by the AFM for the purpose of its supervision of the financial markets and interested parties and for the statutory publication of data.

4. The AFM will confirm receipt of the electronic exchange of data as soon as possible. A confirmation of receipt does not mean that lawful exchange of data has taken place. If a User does not receive an electronic confirmation of receipt from the AFM, the relevant electronic message will be deemed to not have been received by the AFM and the User will have to establish how he can as yet comply with the (statutory) requirements.

5. Technical provisions
1. The User will implement the required technical provisions that are necessary in order to be able to make use of the desk, such as hardware and software, for his own account and risk. Said hardware and software may not contain security measures or other characteristics or elements that are atypical, such as logic bombs, viruses and worms.

6. Audit
1. The AFM will be authorised to periodically perform, or have performed, an EDP audit of the operation of the desk. If the AFM expects the User's access to the desk and the operation of the desk will be seriously hindered by an EDP audit, the AFM will inform the User thereof within a reasonable term prior to the EDP audit, so that the User will have the opportunity to communicate with the AFM in another manner.

2. If the AFM performs an EDP audit into the operation of the desk, the User will be required to provide his full cooperation.

7. Intellectual property rights
1. All intellectual property rights (including but not restricted to copyright, patent law, database law and trademark law with respect to the desk, any domain linked to it, software and the content placed there by or on behalf of the AFM) vest in the AFM or its licensors.

2. The User will be authorised to use the desk, any domain linked to it, software and the content placed there by or on behalf of the AFM, on a non-exclusive basis for the purposes stated in these conditions.

3. All intellectual property rights (including but not limited to the copyright, patent, database and trademark rights with respect to any information exchanged by or on behalf of the User) will vest in the User. The AFM will only use this information for the purposes stated in these conditions.

4. The above will not lead to any transfer of intellectual property rights.

8. Costs
1. Costs are related to a number of desk services. This concerns charges on non-recurring actions, such as applying for a licence. The amounts due must be paid in advance in some cases.
 
2. The User declares himself in agreement with the fact that costs related to a service will be charged as soon as the User requests such services.

9. Maintenance and management of the desk
1. If the desk is unavailable or partially unavailable as a result of a failure of technical provisions that are the responsibility of the AFM, the AFM will resolve the problems or have the problems resolved to the best of its abilities within a reasonable term.

2. If the User notices any disruption or defect with respect to the desk, the User will notify the AFM thereof as soon as possible via the helpdesk.

3. The AFM will be authorised to take the desk or have the desk taken out of service in full or in part, if it considers this necessary in connection with, for example, changes to be implemented or other maintenance and management activities. The AFM strives, insofar as is reasonably possible, to inform the User in advance of the times and duration thereof, to the extent that this has serious consequences for the User. The AFM accepts no liability for damage that this (temporary) taking out of service may cause to the User.

10. Guarantee
1. The AFM will make all reasonable efforts to make and keep the desk available at all times. The AFM does not guarantee that the desk, the contents and related services will be available without interruption and in full.

2. The exchange of the data is as such no guarantee that the User has, in doing so, actually complied with his statutory obligations, nor that the AFM considers the (exchange of) data lawful. In other words: a successful exchange of data does not mean that the AFM acknowledges that the User has, in doing so, automatically complied with all of his (statutory) obligations (see also Article 4.3 of these conditions). The User will remain responsible at all times for compliance with the (statutory) obligations imposed on him.

11. Liability
1. The AFM will ensure to the best of its abilities that the exchange of data via the desk take place as securely as possible. Although the desk is managed with the greatest possible care, the AFM cannot guarantee that the desk will be available at all times or that data will always arrive undamaged at the AFM. Errors in the exchange of data may occur during the exchange of data, such as the non or incomplete transmission of data. The AFM excludes all liability for errors arising from the use of the desk.

2. The AFM will handle the data submitted by the User with greatest possible care. If it is clear to the AFM that electronic data have been damaged during transmission, it will inform the User thereof. If the User, when using a service, is obliged to also send in a paper version of the data and the electronic data have been damaged during their transmission to the desk, the AFM will proceed on the basis of the data contained in the paper version when processing those data.

3. The AFM is not liable for the information of third-party websites that are linked to the desk.

12. Confidentiality and security
1. The AFM will be not authorised to disclose data and information it receives via the desk. These come under the confidentiality provisions of (supervision) legislation that is relevant to the AFM.

2. The AFM will implement measures to the best of its abilities to secure the desk and the information exchanged as much as possible against loss or unlawful use.

13. Privacy
1. The AFM and the User will observe all statutory regulations with respect to the processing of personal data; also the regulations that apply pursuant to the Personal Data Protection Act. The AFM and the User will immediately provide one another with all relevant information, if so requested.

2. The User will indemnify the AFM against all third-party claims instituted against the AFM for a violation of the Personal Data Protection Act that cannot be attributed to the AFM, and/or other legislation pertaining to the processing and/or retaining personal data.

14. Disputes and competent court
1. Dutch law apply to these conditions.

2. A legal dispute related to or arising from these conditions may only be submitted to the Amsterdam (Sub) District Court.

15. Force Majeure
1. The AFM or the User cannot be forced to comply with its obligations if unable to do so as a result of force majeure.

2. Force majeure on the part of the AFM will include the faulty functioning of mains voltage, telecommunications or network provisions and a non-attributable failure on the part of third parties engaged by the AFM.

16. Miscellaneous provisions
1. These conditions may be changed. The User is deemed to be familiar with the current conditions pertaining to the use of the desk.

2. Any purchase, supply or other general conditions of the User are explicitly excluded.

3. The User will not be authorised to transfer the rights and conditions arising from these conditions to third parties without the prior written approval of the AFM.