# Creditsafe
Last updated: 18/09/2023
Current version effective from: 18/09/2023
Page contents
# 1 Service description
The terms and conditions of this Appendix apply to the services provided by Creditsafe Norway AS ("Creditsafe") through Signicat. Subject to the terms and conditions in this Appendix and in the Agreement, the Customer is entitled to to access and retain information through the Connect API (“the Services”).
# 2 Use of the Services
2.1 Use of the Services is subject to the Customer being based within the European Economic Area or within a country subject to an adequacy decision by the European Commission.
2.2 The Customer must not sell, transfer, lease, distribute, commercially exploit or otherwise make any information obtained via the Services available to, or to be used to the benefit of, a third party. The Customer is also not permitted to include Creditsafe’s information in any product or service that the Customer is providing its customers. If the Customer needs to transfer information to a third party, the Customer must contact Creditsafe through Signicat in advance to obtain written consent. Creditsafe reserves the right to refuse such consent or to include additional terms with such consent.
2.3 The Customer undertakes not to attempt to procure unauthorised access to the Services. In order to protect the data included in Creditsafe’s information, the Customer undertakes not to copy, disturb or use in an unauthorised way digital certificates, web certificates or other security devices provided by Creditsafe.
2.4 The Services may be subject to minor changes during the contract period.
# 3 Credit report information (applies if purchased)
3.1 A credit report refers to information, opinion or advice provided for the purpose of assessing the creditworthiness or other economic trustworthiness of a third party. Credit reports of the type that the Customer is given access to under the Agreement are submitted by Creditsafe in accordance with from time-to-time applicable data protection and credit reporting legislation. The Customer may only use a credit report obtained for credit information purposes.
3.2 A credit report may only be obtained if the Customer has a legitimate need of the report. The Customer is responsible for internal guidelines for the use of the Services and for ensuring that requirements for legitimate need are complied with.
3.3 In the case of a credit report about a physical person or a sole proprietor which is not included in the company register, a written notice (“gjenpartsbrev”) with the information in the credit report about the person concerned/the company and who has asked for the report is simultaneously sent. The Customer shall reimburse Signicat for the costs of sending such information.
# 4 International information
4.1 Parts of the Services may be subject to third party restrictions or other such obligations according to (amongst other things) the nation state of origin of the data and any applicable laws/regulations or agreements by Creditsafe and its third-party supplier (“Third Party Restrictions”) and accordingly, the provision of the Services and the use by the Customer of such Services shall at all times be subject to such Third Party Restrictions. Where relevant, Signicat shall provide such Third Party Restrictions to the Customer and the Customer agrees to comply with the Third Party Restrictions.
4.2 The Customer acknowledges and agrees that information providing details of companies based outside Norway is provided on a subject to availability basis and may not always be available, and the countries from which information is available may vary throughout the course of the term of the Agreement.
# 5 Processing of personal data
5.1 For the performance of the Agreement, Creditsafe may process personal data belonging to the Customer, including names of users of the Services and contact details. Information about the processes undertaken and relevant contact details for submission of requests for change, views or complaints regarding the processing of personal data are available on the Creditsafe website.
5.2 Creditsafe is the controller of the processing of personal data when providing the Services. Creditsafe’s processing of personal data includes the receipt of compilation and provision of data and database management related to the Services and that are necessary to perform the Services.
5.3 The Customer is the controller of the processing of personal data after the providing of the Services from Creditsafe to the Customer. The Customer’s responsibility for personal data includes the Customer’s receipt of the data and the processing that the Customer carries out within the framework of its activities.
5.4 The possibility for the Customer to register or otherwise process personal data is governed by the currently applicable data protection and credit reporting legislation. Creditsafe is entitled to assume that every transmission of personal data from Creditsafe to the Customer that is initiated by the Customer and from the Customer to Creditsafe is lawful and appropriate in relation to such legislation.
5.5 Any request for information or submission of complaints from a registered or competent authority related to the processing under the control of the Customer and submitted to Creditsafe must be referred to and handled by the Customer, provided this is permitted by the applicable data protection legislation. On the other hand, any request for information or submission of complaints from a registered or competent authority related to processing under the control of Creditsafe and submitted to the Customer must be referred to and handled by Creditsafe, provided this is permitted by the applicable data protection legislation.
5.6 The Customer is responsible for ensuring that staff who are given access to Personal data via Creditsafe will process the Personal data in accordance with applicable legislation.
# 6 Creditsafe’s rights
6.1 The Services and all intellectual property rights, such as copyrights, trademarks, patents or patentable inventions, database rights and all other rights, including company secrets (“Intellectual Property Rights”), in or related to the Services, are the property of Creditsafe or Creditsafe’s licensor. This Agreement does not signify any transfer of Intellectual Property Rights of any kind.
6.2 The Customer is expressly prohibited, itself or through another party, to adapt, change, modify, improve or otherwise encroach on any part of the Services without the prior written consent of Creditsafe. Moreover, the Customer is expressly prohibited from taking any measures to damage the Services or other Customers’ access to the Services, e.g. by trying to introduce damaging code into the Services or by making unreasonably large numbers of requests to the Services in order to make them slow or difficult to access (known as denial of service attacks or distributed denial of service attacks). Creditsafe is entitled to undertake measures to track its information in order to ensure that it is used in accordance with the Agreement.
# 7 RESTRICTION OF LIABILITY
7.1 Creditsafe’s objective is always to provide high-quality information. Because of the nature of the Services, the Services are provided without any form of guarantee regarding their content or quality of the information, whether express or implied. The Services contain material that has been compiled from sources which Creditsafe has deemed to be reliable at the time the material was compiled. However, Creditsafe cannot guarantee at any given time the reliability of the sources or the reliability and completeness of the information, and it is not possible to exclude the possibility that there may be errors or omissions in the material. The Services also contain models and techniques based on statistical analyses, probability and foreseeable behaviours that contain several potential sources of error outside Creditsafe’s control.
7.2 Creditsafe’s information included in the Services is not intended to represent the sole basis for the Customer’s business decision. It is the Customer’s responsibility to make an overall assessment of the basis that the Customer itself deems to be sufficient for its business decision. On this basis, Creditsafe accepts no liability of any kind for the economic result of the use of the Services or for any loss incurred due to the Customer’s reliance on and/or use of the Services.
# 8 Early termination
8.1 If the Customer does not comply with these terms and conditions or in any way misuse the Services in violation of these terms and conditions or applicable legislation, Signicat and/or Creditsafe is/are entitled to immediately terminate the Customer's access to the Services.