This agreement is made between you, the “User” and Verifact International Ltd T/A Verifact having its registered office at Providence House, South Link Business Park, Cork, Ireland T12 CK77, in relation to the use of the services provided by the “FIS Verifact” software platform.

By using our Services, you are agreeing to these terms. Please read them carefully.

Using our Services

In agreeing to use our services you to follow any policies relevant to your use of said services as have been provided to you.

Using our Services does not give you ownership of any intellectual property rights in our Services.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. By signing this agreement, you are consenting to receive such announcements etc. You may opt out of some of those communications by sending an email to support@vfact.com

Your Verifact Account

Once you have signed the user agreement Verifact will create a unique FIS Verifact account for you and will forward on details of same to the email address specified in your application.

To protect your FIS Verifact Account, keep your password confidential. You are responsible for the activity that happens on or through your FIS Verifact Account. If you believe there has been unauthorised access to your account, please send an email to support@vfact.com requesting your password be reset.

Privacy and Copyright Protection

FIS Verifact privacy policyexplains how we treat your personal data and protect your privacy when you use our Services. By signing this agreement, you agree that Verifact can use such data in accordance with our privacy policy. From time to time it may be necessary to update our Privacy Policy, and a copy of the revised policy will be sent to the email address you provided on signup. If, as a result of same, you wish to withdraw from using our services you can do so by forwarding an email stating same support@vfact.com

Your Content in our Services

Our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content.

When you upload, submit, store, send or receive content to or through our Services, you give Verifact license to use, host, store, reproduce, modify, said content for the sole purpose of demonstrating the efficacy of the FIS system.

The content uploaded by you will only be available to the entities listed below for the duration of the project:

• Verifact International Ltd T/A Verifact (the Service Provider)
• Such Processors and Retailers that purchase your product

You are responsible for ensuring that the data you upload to Verifact is true and accurate.

If at any time during the project lifetime you wish to withdraw your consent to the use of your content you can do so by emailing support@vfact.com

About Software in our Services

Verifact gives you a personal, worldwide, non­assignable and non­exclusive license to use the software provided to you by Verifact as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Verifact, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.

Pilot System

The FIS Verifact platform provided to you is a pilot system and therefore Verifact can give no warranties or guarantees in relation to the system. The system is being provided to you on a free of charge basis for a period of 12 (twelve) weeks for the purpose of piloting the system to identify any issues there may be. At the end of the pilot should you wish to continue your use of the FIS Verifact software platform a new agreement will be entered to between Verifact and you on terms to be agreed between the parties at that time.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time using the process set out above. Verifact may also stop providing Services to you, or add or create new limits to our Services at any time.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NO SPECIFIC PROMISES ABOUT THE SERVICES ARE MADE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

Liability for our Services

WHEN PERMITTED BY LAW, VERIFACT, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF VERIFACT FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES AND ONLY IF SAID LOSS IS REASONABLY FORESEEABLE.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Verifact from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. A copy of the revised terms will be sent to the email address you specified in your application. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service using the process set out above.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

If you do not comply with these terms, and Verifact do not take any immediate action this does not prohibit the taking of such action in the future.

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of Republic of Ireland, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in Irish Courts, and you and Verifact consent to personal jurisdiction in those courts.

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Our Contact Details

Name:

Verifact International Ltd T/A Verifact

Address:

Providence House, Unit H1, South Link Business Park, Cork, Ireland.

Phone Number:

+ 353 21 245 5670

E-mail:

support@vfact.com

The type of information we collect

We currently collect and process the following information:

• Personal identifiers, contacts and characteristics (for example, name and contact details including telephone number and email address)

How we get the personal information and why we have it

Most of the personal information we process is provided to us directly by you for one of the following reasons:

• As part of the registration process when you go through the registration process for a FIS Verifact account.

We also receive personal information indirectly, from the following sources in the following scenarios:

• When other user types such as vessels, processors or retailers go through the registration process for a FIS account and also when submitting or up loading data related to you on the FIS Verifact system.

We use the information that you have given us in order to create and maintain your FIS Verifact account and/or services related to your use of the your FIS account.

We may share this information with other FIS system users where you have authorised us to do so.

Under the UK General Data Protection Regulation (UK GDPR), the lawful basis we rely on for processing this information are:

(a) Your consent. You are able to remove your consent at any time. You can do this by contacting support@vfact.com

How we store your personal information

• Your information is securely stored.
• We keep all personal data for a period of six years being the Statute of Limitations application under Contract Law. We will then dispose your information by deleting it from our system and any back up copies thereon using an algorithm.

Your data protection rights

Under data protection law, you have rights including:

• Your right of access - You have the right to ask us for copies of your personal information.
• Your right to rectification - You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
• Your right to erasure - You have the right to ask us to erase your personal information in certain circumstances.
• Your right to restriction of processing - You have the right to ask us to restrict the processing of your personal information in certain circumstances.
• Your right to object to processing - You have the right to object to the processing of your personal information in certain circumstances.
• Your right to data portability - You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
• You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.
• Please contact us at support@vfact.com if you wish to make a request.

How to complain

If you have any concerns about our use of your personal information, you can make a complaint to us at support@vfact.com

You can also complain to the ICO if you are unhappy with how we have used your data. The ICO's address:

• Information Commissioner’s Office
• Wycliffe House
• Water Lane
• Wilmslow
• Cheshire
• SK9 5AF
• Helpline number: 0303 123 1113
• ICO website: https://www.ico.org.uk

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