Standard Terms of Agreement from 1.2.2024

Parts of the Agreement
The Standard Terms of Agreement are a valid part of the Services Agreement (hereafter referred to as Agreement) made between Suomen Asiakastieto Oy (hereafter referred to as Asiakastieto) and the customer, which gives the right to use services (hereafter referred to Services) in accordance with the Agreement. 

1. Object of Services
These General Terms of Agreement shall be applied when Asiakastieto provides Services to the customer. The services may concern the granting of the right of use to Asiakastieto’s information services, such as credit information services, or other Services and assignments, concerning which a separate service agreement shall be made between the parties or a service description shall be delivered. 

2. Right to use the Services
Asiakastieto shall grant the customer the right of use to the Services in accordance with the Agreement, after both parties have signed the Agreement or the Agreement has been generated in some other way. Asiakastieto shall have the right to change the user identifiers from time to time by notifying the customer of this in advance. Further, Asiakastieto shall have the right to discard any user identifier and right of use which has not been used for a period of twelve (12) months, without notifying the Customer separately. Asiakastieto shall also have the right to restrict the rights of use granted to the customer, provided that the restriction is based on legislation, regulatory provisions, data protection, or if the customer breaches the terms of the Agreement. 
Asiakastieto shall give the customer the right of use to the Services solely for purposes of use necessary in the normal business activities. The use of personal credit information is only allowed for the purposes of credit granting, credit controlling or other purposes of use listed in the Credit Information Act or elsewhere in legislation. It shall be the customer’s responsibility to ensure that it has the legitimate right to use personal credit information. Asiakastieto shall have the right to know the purpose for which the customer will use personal credit information and how the customer ensures the related data protection and data security. 
User identifiers to the Services are personal. The customer shall ensure that all holders of the right of use shall meet the requirements for obtaining the user identifier. The customer shall undertake, on its own initiative, to inform Asiakastieto of all changes occurring in the holders of the right of use and of all such changes in its circumstances, which could endanger the relationship of trust between the customer and Asiakastieto or the privacy protection of the data subjects. When the employment of users terminates, the customer shall inform Asiakastieto of the termination of the right of use. 

3. Immaterial Rights
Asiakastieto or its licensors retain full title to the Service, its content and the information disclosed to the customers. The customer shall have the right to use the information only in its own internal activities in accordance with the Agreement and these General Terms of Agreement, and the customer shall have no right to use the information in activities competing with Asiakastieto. It shall be forbidden to use copy, alter, combine, disclose further and reuse the information in any other purpose than for archiving without Asiakastieto’s written consent. 
If the customer has a separate consent obtained from Asiakastieto to disclose the information further, the customer shall be obligated to keep a log of the disclosure of information obtained from Asiakastieto for a period of six (6) months. Further, when requested, the customer shall provide information concerning disclosures and parties receiving the disclosures to Asiakastieto.

4. Data protection and data security  
Asiakastieto forwards information, included in its databases, in the strictest confidence. Without the customer’s consent, the object of inquiry is not given information on the credit information made, unless obligated by legislation or regulatory provisions. Customer can get notice about credit information inquiry if he has bought Tietovahti service from Omatieto.fi service.
The customer shall be obliged to maintain and provide the data subjects data protection information on its own activities, and as a controller, the customer shall also otherwise ensure the legitimate processing of its own personal registers. 
It is forbidden to transfer personal information outside the EU and EEA countries without grounds prescribed in the law.
The Customer shall be obliged to organise, train and control its staff to ensure that, in the Customer's activities, adequate consideration is given to the privacy protection of the data subjects. The Customer shall also be obliged to control the retrieval of personal credit information from the credit information file with regular inspections. 
Information on the processing of data prescribed in the law are found on Asiakastieto’s Internet pages. 
If the customer grants credits to consumers, the customer and Asiakastieto shall separately agree upon the disclosure of information relating to consumer credits to Asiakastieto, in accordance with the regulations and regulatory provisions effective at the time in question. 

5. Business and professional secrets
The parties shall undertake not to reveal any business or professional secrets of the other party and to observe secrecy in accordance with equitable credit information practices during the period of validity of the contract and also after the termination of the contract. 

Asiakastieto shall undertake not to reveal the source of the information provided by the Customer, neither to another customer nor to a third party, without the customer's consent. For clarity, it is noted that, according to the data protection legislation, natural persons have the right to inspect their own information with certain restrictions, and to use other rights prescribed in the law based on the data protection legislation in force. 
Asiakastieto may be obliged to disclose information in its possession to the authorities on the basis of the authorities’ right to access data. 

6. Liability to compensate
Asiakastieto shall act on the equitable registration principles and conduct the assignments with the personal skill required by the assignment and by using reliable sources of information and subcontractors. Asiakastieto shall not be liable for any errors occurring in the service to the Customer. 
Asiakastieto shall not be liable for any indirect damages. For example, an ungained profit or damage caused by a decrease in or interruption of turnover is considered an indirect damage.
Asiakastieto shall not be liable for the possible damage done to the Customer, if Asiakastieto is forced to deny the Customer access to the databases due to an activity or default of the Customer or if the use of the databases is prevented due to a force majeure which is not within Asiakastieto's control. 

In other cases, Asiakastieto's maximum liability for direct damages is the average monthly amount Asiakastieto invoices the Customer.

7. Payments and terms of payment
The Customer shall undertake to pay all payments, extras and minimum payments based on the price list or agreement effective at the time in question. The term of payment is fourteen (14) days from the date of the invoice.

The Customer shall be responsible for the building of the necessary data communications link or other connection and for the operating costs unless otherwise agreed upon with Asiakastieto in writing. 

Asiakastieto shall have the right to alter the price lists and their structure by notifying the Customer, in writing, at least thirty (30) days before the alteration becomes effective.
If the Customer does not approve the alteration in prices, the Customer shall have the right to terminate the agreement in accordance with Item 10. 
If the taxation of services or other possible payments, based on regulatory provisions, are changed or they will be applied, Asiakastieto shall have the right to immediately alter its price lists accordingly. 

Asiakastieto shall charge a penal interest on delayed payments of not less than the amount prescribed by the interest law effective at the time in question. The liability to pay penal interest shall commence, in accordance with the term of payment to be complied with in the case in question, from the date of maturity. 

8. Changes in operating methods
Asiakastieto shall have the right to change the contents of its databases and files, as well as its operating methods, when services are being developed or when the laws or regulatory provisions relating to Asiakastieto's operations or the contracts relating to the staff, are being amended. 

Asiakastieto shall have the right, without liability to compensate, to remove its databases from use during service hours, if required by the databases' maintenance or servicing. Asiakastieto shall inform the Customer in advance, as far as possible, of any interruptions in the right of use resulting from such a cause. 

9. Amending of contract
Asiakastieto shall have the right to amend the terms of the Services Agreement, made between Asiakastieto and the Customer by sending a letter notifying the Customer of amendments in writing, to the last address informed by the Customer, thirty (30) days before the amendments come into force. The amendments shall become effective without signing.  If the Customer does not approve the alteration in prices, the Customer shall have the right to terminate the agreement in accordance with Item 10.

10. Validity and notice of termination
The Services Agreement shall be valid until further notice. Either party may, at any time, give thirty (30) days' notice on the termination of the contract. It shall become effective from the time the notice is first served. 

If the Customer fails to comply with the Services Agreement, its Appendices, the Standard Terms of Agreement, or Asiakastieto's general operating instructions, Asiakastieto shall have the right to immediately stop providing information or services until the omission has been corrected. If the Customer does not correct the omission or if the breach of contract can be regarded as essential, Asiakastieto may annul the Services Contract. 

When Asiakastieto annuls the contract, the Customer should immediately return all Asiakastieto's property that is in its custody and compensate Asiakastieto for the damage resulting from the annulment of the contract. 

If the Customer completes its business activity, Asiakastieto should be informed of this. In this case, the validity of the contract shall terminate immediately without a separate notice of termination. 

The Customer shall not have the right to transfer the contract to a third party. 

11. Place of jurisdiction and the governing law
All possible disagreements between the contracting parties shall be solved, in the first place, by means of negotiations between the parties. If no settlement can be achieved by negotiation, the disputes arising from the contracts shall be settled at the District Court of Helsinki. This contract shall be governed by the Finnish law. 

Standard Terms of Agreement from 1.1.2023

Parts of the Agreement

The Standard Terms of Agreement are a valid part of the Services Agreement (hereafter referred to as Agreement) made between Suomen Asiakastieto Oy (hereafter referred to as Asiakastieto) and the customer, which gives the right to use services (hereafter referred to Services) in accordance with the Agreement.

1. Object of Services
These General Terms of Agreement shall be applied when Asiakastieto provides Services to the customer. The services may concern the granting of the right of use to Asiakastieto’s information services, such as credit information services, or other Services and assignments, concerning which a separate service agreement shall be made between the parties or a service description shall be delivered.

2. Right to use the Services
Asiakastieto shall grant the customer the right of use to the Services in accordance with the Agreement, after both parties have signed the Agreement or the Agreement has been generated in some other way. Asiakastieto shall have the right to change the user identifiers from time to time by notifying the customer of this in advance. Further, Asiakastieto shall have the right to discard any user identifier and right of use which has not been used for a period of twelve (12) months, without notifying the Customer separately. Asiakastieto shall also have the right to restrict the rights of use granted to the customer, provided that the restriction is based on legislation, regulatory provisions, data protection, or if the customer breaches the terms of the Agreement.

Asiakastieto shall give the customer the right of use to the Services solely for purposes of use necessary in the normal business activities. The use of personal credit information is only allowed for the purposes of credit granting, credit controlling or other purposes of use listed in the Credit Information Act or elsewhere in legislation. It shall be the customer’s responsibility to ensure that it has the legitimate right to use personal credit information. Asiakastieto shall have the right to know the purpose for which the customer will use personal credit information and how the customer ensures the related data protection and data security.

User identifiers to the Services are personal. The customer shall ensure that all holders of the right of use shall meet the requirements for obtaining the user identifier. The customer shall undertake, on its own initiative, to inform Asiakastieto of all changes occurring in the holders of the right of use and of all such changes in its circumstances, which could endanger the relationship of trust between the customer and Asiakastieto or the privacy protection of the data subjects. When the employment of users terminates, the customer shall inform Asiakastieto of the termination of the right of use.

3. Immaterial Rights
Asiakastieto or its licensors retain full title to the Service, its content and the information disclosed to the customers. The customer shall have the right to use the information only in its own internal activities in accordance with the Agreement and these General Terms of Agreement, and the customer shall have no right to use the information in activities competing with Asiakastieto. It shall be forbidden to use copy, alter, combine, disclose further and reuse the information in any other purpose than for archiving without Asiakastieto’s written consent.

If the customer has a separate consent obtained from Asiakastieto to disclose the information further, the customer shall be obligated to keep a log of the disclosure of information obtained from Asiakastieto for a period of six (6) months. Further, when requested, the customer shall provide information concerning disclosures and parties receiving the disclosures to Asiakastieto.

4. Data protection and data security 
Asiakastieto forwards information, included in its databases, in the strictest confidence. Without the customer’s consent, the object of inquiry is not given information on the credit information made, unless obligated by legislation or regulatory provisions. Customer can get notice about credit information inquiry if he has bought Tietovahti service from Omatieto.fi service.

The customer shall be obliged to maintain and provide the data subjects data protection information on its own activities, and as a controller, the customer shall also otherwise ensure the legitimate processing of its own personal registers.

It is forbidden to transfer personal information outside the EU and EEA countries without grounds prescribed in the law.

The Customer shall be obliged to organise, train and control its staff to ensure that, in the Customer's activities, adequate consideration is given to the privacy protection of the data subjects. The Customer shall also be obliged to control the retrieval of personal credit information from the credit information file with regular inspections.

Information on the processing of data prescribed in the law are found on Asiakastieto’s Internet pages.

If the customer grants credits to consumers, the customer and Asiakastieto shall separately agree upon the disclosure of information relating to consumer credits to Asiakastieto, in accordance with the regulations and regulatory provisions effective at the time in question.

5. Business and professional secrets
The parties shall undertake not to reveal any business or professional secrets of the other party and to observe secrecy in accordance with equitable credit information practices during the period of validity of the contract and also after the termination of the contract.

Asiakastieto shall undertake not to reveal the source of the information provided by the Customer, neither to another customer nor to a third party, without the customer's consent. For clarity, it is noted that, according to the data protection legislation, natural persons have the right to inspect their own information with certain restrictions, and to use other rights prescribed in the law based on the data protection legislation in force.

Asiakastieto may be obliged to disclose information in its possession to the authorities on the basis of the authorities’ right to access data.

6. Liability to compensate
Asiakastieto shall act on the equitable registration principles and conduct the assignments with the personal skill required by the assignment and by using reliable sources of information and subcontractors. Asiakastieto shall not be liable for any errors occurring in the service to the Customer.

Asiakastieto shall not be liable for any indirect damages. For example, an ungained profit or damage caused by a decrease in or interruption of turnover is considered an indirect damage.

Asiakastieto shall not be liable for the possible damage done to the Customer, if Asiakastieto is forced to deny the Customer access to the databases due to an activity or default of the Customer or if the use of the databases is prevented due to a force majeure which is not within Asiakastieto's control.

In other cases, Asiakastieto's maximum liability for direct damages is the average monthly amount Asiakastieto invoices the Customer.

7. Payments and terms of payment
The Customer shall undertake to pay all payments, extras and minimum payments based on the price list or agreement effective at the time in question. The term of payment is fourteen (14) days from the date of the invoice.

The Customer shall be responsible for the building of the necessary data communications link or other connection and for the operating costs unless otherwise agreed upon with Asiakastieto in writing.

•Asiakastieto may, annually as from the start of a year 2023, change the agreed prices in accordance with the changes in the Statistics Finland’s index: Producer price indices for services (2015=100). When calculating the preliminary, 2022Q1 index (109,5) should be used. Asiakastieto shall notify new prices in writing thirty (30) days before the alteration becomes effective.

If the Customer does not approve the alteration in prices, the Customer shall have the right to terminate the agreement in accordance with Item 11.

If the taxation of services or other possible payments, based on regulatory provisions, are changed or they will be applied, Asiakastieto shall have the right to immediately alter its price lists accordingly.

Asiakastieto shall charge a penal interest on delayed payments of not less than the amount prescribed by the interest law effective at the time in question. The liability to pay penal interest shall commence, in accordance with the term of payment to be complied with in the case in question, from the date of maturity.

8. Changes in operating methods
Asiakastieto shall have the right to change the contents of its databases and files, as well as its operating methods, when services are being developed or when the laws or regulatory provisions relating to Asiakastieto's operations or the contracts relating to the staff, are being amended.

Asiakastieto shall have the right, without liability to compensate, to remove its databases from use during service hours, if required by the databases' maintenance or servicing. Asiakastieto shall inform the Customer in advance, as far as possible, of any interruptions in the right of use resulting from such a cause.

9. Amending of contract
Asiakastieto shall have the right to amend the terms of the Services Agreement, made between Asiakastieto and the Customer by sending a letter notifying the Customer of amendments in writing, to the last address informed by the Customer, thirty (30) days before the amendments come into force. The amendments shall become effective without signing.  If the Customer does not approve the alteration in prices, the Customer shall have the right to terminate the agreement in accordance with Item 10.

10. Validity and notice of termination
The Services Agreement shall be valid until further notice. Either party may, at any time, give thirty (30) days' notice on the termination of the contract. It shall become effective from the time the notice is first served.

If the Customer fails to comply with the Services Agreement, its Appendices, the Standard Terms of Agreement, or Asiakastieto's general operating instructions, Asiakastieto shall have the right to immediately stop providing information or services until the omission has been corrected. If the Customer does not correct the omission or if the breach of contract can be regarded as essential, Asiakastieto may annul the Services Contract.

When Asiakastieto annuls the contract, the Customer should immediately return all Asiakastieto's property that is in its custody and compensate Asiakastieto for the damage resulting from the annulment of the contract.

If the Customer completes its business activity, Asiakastieto should be informed of this. In this case, the validity of the contract shall terminate immediately without a separate notice of termination.

The Customer shall not have the right to transfer the contract to a third party.

11. Place of jurisdiction and the governing law
All possible disagreements between the contracting parties shall be solved, in the first place, by means of negotiations between the parties. If no settlement can be achieved by negotiation, the disputes arising from the contracts shall be settled at the District Court of Helsinki. This contract shall be governed by the Finnish law.

Old Standard Conditions of Contract untill 31.12.2022

Parts of the contract

The Standard Conditions of Contract are a valid part of the Services Contract made between Suomen Asiakastieto Oy (hereafter referred to as Asiakastieto) and the Customer.

1. Object of service
The Customer shall have the right to use Asiakastieto's databases to make credit information inquiries, within the limits to be defined later in this contract, during Asiakastieto's service hours.

The Customer shall have the right to give Asiakastieto individualised investigation assignments for the purpose of making corporate, industry or customer analyses.

2. Right of use 
The Customer shall only have the right to use the services for credit information inquiries and investigation assignments necessary for normal business operations within the limits to be defined later in this contract.

In the section Rights of Use of the Services Contract, the Customer shall individualise the holders of the right of use to whom Asiakastieto shall give the right to use consumer credit information. Asiakastieto shall have the right to know the purpose for which the Customer will use the consumer credit information and how the information is going to be protected.

Asiakastieto shall have the right to restrict the rights of use to be given to the Customer, provided that the restriction is based on legislation, regulatory provisions, or the operating practice between Asiakastieto and the Customer.

The databases can be used by means of the user identifiers provided by Asiakastieto and other identifiers which Asiakastieto may change. The right of use commences when both parties have accepted the Services Contract and Asiakastieto has provided the Customer with the user identifiers. Asiakastieto shall have the right to discard any user identifier and right of use which has not been used for a period of 12 months, without notifying the Customer separately.

The Customer shall not have the right to use the information or analyses disclosed by Asiakastieto to activities competing with Asiakastieto. It shall be forbidden to copy, change, combine or reuse the information for purposes other than filing, as well as to forward the information, without the written consent of Asiakastieto. However, the Customer shall have the right to disclose the information to parties defined by law, as well as to its financiers, reinsurers or principals.

If the Customer has been authorised by Asiakastieto to disclose information to a third party, the Customer shall be obliged to record all the transfers of the information and the results of the analyses, obtained from Asiakastieto, for a period of six months. The Customer shall also provide Asiakastieto with information about both the transfers and the transferee.

3. Assignments
Each investigation relating to an assignment shall be defined in connection with the order. The Customer shall provide Asiakastieto with adequate identifier information relevant to the assignment.

Asiakastieto shall ensure that the investigations are conducted in such a professional manner as the assignment calls for and that reliable sources of information or subcontractors are used for the assignment. When conducting an investigation, Asiakastieto's operating methods shall be complied with.

The Customer shall be obliged to contribute to the investigation by providing Asiakastieto with the necessary information about the subject of investigation. Asiakastieto shall have the right to make use of this information in other assignments without revealing its source of information.

Asiakastieto shall have the right to disclose the results of the investigations, ordered by the Customer, to other customers within the limits to be defined later in this contract.

4. Title, copyright and other immaterial rights
Asiakastieto retains full title to and the copyright and other immaterial rights on the information provided by it.

5. Privacy protection 
Asiakastieto forwards information, included in its database, in the strictest confidence.

If the Customer is given the right to use the credit information of private individuals, the Customer acknowledges that the obtained credit information can only be used for legal and prescribed purposes, such as credit granting, credit control, or other corresponding purpose. The Customer shall undertake to use consumer credit information of persons with business involvement only for legal purposes, i.e. for protecting its interests and rights.

It is forbidden to transfer personal information outside the EU and EEA countries without grounds prescribed in the law.

The Customer shall ensure that all the holders of the right of use meet the prerequisite requirements set on the holders of the right of use. The Customer shall undertake to inform Asiakastieto, on its own initiative, of any changes of the holders of the right of use and of all the changes in the conditions that may endanger the confidential relationship between the Customer and Asiakastieto or the privacy protection of the registered.

The Customer shall be obliged to organise, train and supervise its staff to ensure that, in the Customer's activities, adequate consideration is given to the privacy protection of the data subjects. The Customer shall also be obliged to ensure that the arrangements for private protection will not be revealed to a third party If the Customer grants credits to consumers, the Customer and Asiakastieto shall separately agree upon the disclosure of information relating to consumer credits to Asiakastieto, in accordance with the regulations and regulatory provisions effective at the time in question.

6. Business and professional secrets
The parties shall undertake not to reveal any business, bank or professional secrets of the other party and to observe secrecy in accordance with equitable registration principles during the period of validity of the contract and also after the termination of the contract.

Asiakastieto shall undertake not to reveal the source of the information provided by the Customer, neither to another customer nor to a third party, without the Customer's consent. However, in this context, a third party does not refer to the data subjects when they use their legal right of access.

7. Liability to compensate
Asiakastieto shall act on the equitable registration principles and conduct the ordered investigations with the personal skill required by the assignment and by using reliable sources of information and subcontractors. Asiakastieto shall not be liable for any errors in the databases or assignments ordered by the Customer, or for the possible direct or indirect damage resulting from delayed service.

Asiakastieto shall not be liable for the possible damage done to the Customer, if Asiakastieto is forced to deny the Customer access to the databases due to an activity or default of the Customer or if the use of the databases is prevented due to a force majeure which is not within Asiakastieto's control.

In other cases, Asiakastieto's maximum liability for damages is the average monthly amount Asiakastieto invoices the Customer.

8. Payments and terms of payment 
The Customer shall undertake to pay all payments, extras and minimum payments based on the price list or contract effective at the time in questio. The Customer shall be responsible for the building of the necessary data communications link or other connection and for the operating costs unless otherwise agreed upon with Asiakatieto in writing.

Asiakastieto shall have the right to alter the price lists and their structure by notifying the Customer, in writing, at least thirty (30) days before the alteration becomes effective. If the taxation of services or other possible payments, based on regulatory provisions, are changed or they will be applied, Asiakastieto shall have the right to immediately alter its price lists accordingly.

Asiakastieto shall charge a penal interest on delayed payments of not less than the amount prescribed by the interest law effective at the time in question. The liability to pay penal interest shall commence, in accordance with the term of payment to be complied with in the case in question, from the date of maturity.

The annual fee is invoiced once a year. The annual fee or a part of it is not returned even if the service contract is terminated or the service is not use for some other reason.

9. Customer responsibility for error 
If the Customer itself or, through its financier, is responsible for a faulty entry made into Asiakastieto's database, the Customer shall be liable to compensate Asiakastieto for the damages caused. If Asiakastieto is made liable to compensate the registered party for the damage resulting from the aforementioned faulty entry, the Customer shall undertake to compensate Asiakastieto for this damage, as well.

10. Changes in operating methods 
Asiakastieto shall have the right to change the contents of its databases and files, as well as its operating methods, when services are being developed or when the laws or regulatory provisions relating to Asiakastieto's operations or the contracts relating to the staff, are being amended.

Asiakastieto shall have the right, without liability to compensate, to remove its databases from use during service hours, if required by the databases' maintenance or servicing. Asiakastieto shall inform the Customer in advance, as far as possible, of any interruptions in the use resulting from such a cause.

11. Amending of contract
Asiakastieto shall have the right to amend the terms of the Services Contract, made between Asiakastieto and the Customer by sending a letter notifying the Customer of amendments in writing, to the last address informed by the Customer, thirty (30) days before the amendments come into force. The amendments shall become effective without signing.

12. Validity and notice of termination
The Services Contract shall be valid until further notice. Either party may, at any time, give thirty (30) days' notice on the termination of the contract. It shall become effective from the time the notice is first served.

If the Customer fails to comply with the Services Contract, its Appendices, the Standard Conditions of Contract, or Asiakastieto's general operating instructions, Asiakastieto shall have the right to immediately stop providing information or services until the omission has been corrected. If the Customer does not correct the omission or if the breach of contract can be regarded as essential, Asiakastieto may annul the Services Contract.

When Asiakastieto annuls the contract, the Customer shall immediately return all Asiakastieto's property that is in its custody and compensate Asiakastieto for the damage resulting from the annulment of the contract

If the Customer completes its business activity, Asiakastieto should be informed of this. In this case, the validity of the contract shall terminate immediately without a separate notice of termination.

The Customer shall not have the right to transfer the contract to a third party.

13. Place of jurisdiction and the governing law
All possible disagreements between the contracting parties shall be solved, in the first place, by means of negotiations between the parties. If no settlement can be achieved by negotiation, the disputes arising from the contracts shall be settled at the District Court of Helsinki. This contract shall be governed by the Finnish law.