1. User: any natural person or legal entity that is or wishes to be in contact with the AFM via the portal.
2. Authorised representative: a person who acts as a representative of a user in the portal. Wherever the term user is applied in these terms and conditions, this will also include the authorised representative.
3. Products and services: all forms and downloads and other data made available through the portal. Wherever the term service is used in these terms and conditions, this refers to product and/or service.
4. Account: access to various secure services; a user gains access by entering an access code and associated password.
5. Portal: Secure online environment in which users can share data and documents with the AFM.
2. Access to the products and services
1. The portal gives the user the facility to submit data and documents electronically and in a secure manner to the AFM.
2. The user can request a personal account on the login page of the portal.
3. Users will log in with their portal account.
4. A user who is a director of a company is authorised to appoint one or more authorised representatives to use the portal. The director of a company guarantees that authorised representatives comply with these terms and conditions and is liable for the consequences of non-compliance. The director of a company is obliged to immediately notify the AFM when an authorised representative is no longer authorised to act on behalf of the user.
5. The authorised representative will log in with his or her own account and select the company for which he or she is acting.
3. Use of the accounts, access codes and passwords
1. The AFM is at all times entitled to change, block or delete an account. The AFM will inform the user of this.
2. The user is fully responsible for the use and management of its account(s), access code(s) and password(s) by it or on its behalf. The user will keep the password(s) absolutely secret and ensure that they are not used by unauthorised third parties or for other purposes. The user will also be careful in the use of the access code(s).
3. The user will (i) always follow all reasonable instructions of the AFM; (ii) not disrupt the normal operation or integrity of the portal; (iii) not make any changes to the information contained in the portal, or restrict or otherwise influence access to the portal; (iv) prevent nuisance for other users of the portal; and (v) ensure that information it communicates via the portal does not violate the rights of third parties or contain viruses or worms.
4. The AFM reserves the right to trace every action in the portal, such as logging in, reading, downloading, uploading and sending electronic forms, back to the account with which the user logs in.
5. As soon as the user knows or suspects that an access code or password is known or may be known to someone else who is not authorised to do so, it will immediately report this to the AFM.
4. Data exchange
1. The exchange of data traffic via the portal is subject to the Online Administrative Business Act (Wet elektronisch bestuurlijk verkeer). The AFM ensures to the best of its ability that the data exchange via the portal takes place in a sufficiently reliable manner, in view of the nature and content of the data exchange and its purpose.
2. The AFM accepts electronic notifications and documents that can be sent via a service available in the portal only via the portal, and not via another electronic or other channel. The AFM may also refuse a message sent electronically via the portal insofar as the reliability or confidentiality of this message is insufficiently guaranteed, in view of the nature and content of the message and the purpose for which it is used.
3. The data provided by the user will be used by the AFM for the supervision of the financial markets.
4. The AFM will confirm receipt of the electronic data exchange electronically as soon as possible. An acknowledgement of receipt does not mean that the data exchange is lawful. If the user does not receive an electronic confirmation of receipt from the AFM, the electronic message in question is deemed not to have been received by the AFM and the user must investigate how it can still meet the legal and other obligations.
5. The exchange of the data as such is not a guarantee that the user has actually fulfilled its legal obligations, or that the AFM considers the data and data exchange to be lawful. A successful exchange of data does not mean that the AFM acknowledges that the user has thereby automatically fulfilled all its legal and other obligations. The user remains at all times independently responsible for compliance with its legal and other obligations.
5. Technical facilities
1. The user is responsible, at its own expense and risk, for the necessary technical facilities, such as hardware and software, required to use the portal. The hardware and software used by the user must be protected against unauthorised use according to currently accepted standards. Hardware and software may also not contain harmful software.
6. Intellectual property rights
1. All intellectual property rights (including but not limited to copyrights, patent rights, database rights and trademark rights) relating to the portal, any linked domain, software and the content placed on it by or on behalf of the AFM are vested in the AFM or its licensors.
2. The user may use the portal and any linked domain, software and the content placed on it by or on behalf of the AFM, on a non-exclusive basis, only for the purposes stated in these terms and conditions.
3. All intellectual property rights (including but not limited to copyrights, patent rights, database law and trademark rights) relating to any information exchanged by or on behalf of the user belong to the user. The AFM uses this information exclusively for the purposes stated in these terms and conditions.
4. The above does not lead to a transfer of intellectual property rights.
1. The use of the portal is free of charge. Services may be subject to costs as stated on the AFM website.
2. The user agrees to the charging of the costs of a service as soon as the user requests this service.
8. Availability, maintenance and management of the portal
1. The AFM makes every reasonable effort to make and keep the portal available at all times. The AFM does not guarantee that the portal, its content and related services will be available uninterruptedly and completely.
2. The AFM may, without prior notice, temporarily make the portal unavailable in whole or in part, if it deems this necessary, for example in connection with a change to be implemented or in connection with other maintenance and management activities. The AFM strives, as far as reasonably possible, to inform the user in advance of the times and duration thereof, insofar as this has significant consequences for the user. The AFM accepts no liability for the harmful consequences that this temporary or other unavailability could entail for the user.
1. The AFM ensures to the best of its ability that the data exchange via the portal is as reliable as possible and that the information on the portal is up to date. Although the portal is managed with the greatest possible care, the AFM cannot guarantee that the portal will always be available, that the information available is up to date or that data will always arrive at the AFM uncorrupted. Errors may occur in the exchange of data, such as data not appearing or not fully appearing. The AFM excludes all liability for errors and damage caused by the use of the portal.
2. The AFM will handle the data that the user sends via the portal with the greatest possible care. If it is clear to the AFM that electronic data has been corrupted, it will inform the user about this. If, when using a service, the user is also obliged to send a paper version of the data and the electronic data have come across corrupted via the portal, the AFM will use the paper version as the basis for handling those data.
Without prejudice to the above, the AFM is in any case not liable for damage, of whatever nature, that the user suffers as a result of:
- an act or omission by the user in violation of these terms and conditions;
- theft, loss and/or misuse of the AFM account details;
- information from third-party websites linked to the portal; or
- failure to follow instructions given by the AFM.
10. Confidentiality and security
1. Except for the publication of data required by law, the AFM may not disclose the data and information that it receives via the portal. These are subject to the confidentiality provisions laid down in the supervisory and other legislation relevant to the AFM.
2. The AFM takes appropriate measures to the best of its ability to protect the portal and the exchanged information as much as possible against loss or unlawful use.
1. The AFM and the user will comply with all statutory regulations regarding the processing of personal data. The AFM and the user immediately provide each other with all relevant information when requested to do so.
2. The AFM's privacy statement is available.
3. The user indemnifies the AFM against all claims of third parties that are brought against the AFM because of a violation of the General Data Protection Regulation and/or other legislation with regard to the processing and/or storage of personal data that cannot be attributed to the AFM.
12. Disputes and competent court
1. These terms and conditions are governed by Dutch law.
2. A legal dispute in connection with or owing to these terms and conditions can only be submitted to a subdistrict or district court in Amsterdam.
13. Force majeure
1. The AFM or the user cannot be forced to fulfil its obligations if it is unable to do so as a result of force majeure.
2. Force majeure on the part of the AFM will also be understood to mean the malfunctioning of mains voltage, telecommunication or network facilities or a non-attributable shortcoming of third parties engaged by the AFM.
14. Other provisions
1. These conditions are subject to change. The user is assumed to be familiar with the current conditions of use of the portal.
2. Any purchase, delivery or other general terms and conditions of the user are expressly not applicable.
3. The rights and obligations arising from these terms and conditions cannot be transferred by the user to third parties without the written consent of the AFM.