Terms of use for the data submission portal

Applicable from 01.01.2018

1. Definitions

Data submission portal – an online reporting environment through which statistical and supervisory reports can be submitted to Eesti Pank and the Financial Supervision Authority.
Addressee of the report – Eesti Pank or the Financial Supervision Authority.
Reporting entity – the legal entity with the obligation to report to Eesti Pank or the Financial Supervision Authority.
User – the person using the portal to submit the report.
Main user – Member of the Board of the reporting entity or other person listed in the commercial register with the right of representation, who has the automatic right to use the portal if in possession of a valid authorisation. The main user may give authorisation for the priority user or the person reporting to fulfil the reporting requirements.
Priority user – a person whom the main user generally authorises to fulfil the reporting requirements. In exceptional circumstances where the reporting entity is not registered in the commercial register or does not have a management board, no main user will be defined. In this case the addressee of the report will enter the data of the priority user in the portal. There may be more than one priority user for the portal and they have the same rights as the main user in using the portal. The priority user may give authorisation for the person reporting to fulfil the reporting requirements.
Person reporting – a person authorised by the main or priority user to submit all reports or a certain part of them. The person reporting may not authorise or add other users to the portal. The person reporting is responsible for submitting reports within the rights granted them.

2. General Provisions

• 2.1 The terms of use must be accepted before the portal can be used.
• 2.2 On entering the portal the user confirms that they have seen and understood the terms of use and are obliged to abide by them.
• 2.3 The addressee of the report has the right to change the terms of use unilaterally at any time, informing users of the changes on its website or by email at least one month in advance of the change coming into force, except in cases where the only changes to the terms of use are those mandated by law. Continued use of the portal by the user is understood as acceptance of the changes.
• 2.4 Comments, questions and proposals concerning the portal may be sent by users to klienditugi@eestipank.ee. The addressee of the report is not obliged to take any corresponding measures unless otherwise separately agreed.

3. Personal data

• 3.1 The personal data of users are collected and processed in accordance with the Personal Data Protection Act.
• 3.2 Personal data are collected, processed and stored in the information system of the portal to the extent needed for the functioning of the portal and its services.
• 3.3 By confirming their identity when logging in, the user accepts the terms of use and agrees that:
  • a) their personal data will be collected, processed and stored in the portal and in the information system of the addressee of the report;
  • b) queries based on their personal ID code may be sent to databases where this is necessary to ensure the functionality of the portal.
• 3.4 The data stored in the portal will only be accessible to the addressee of the report and the portal administrators to the extent necessary to keep the portal operating and for development.

4. Technical data

• 4.1 The technical data and logs held in the information system of the portal are not made available to third parties in an identifiable form.
• 4.2 Cookies are used to identify user sessions.

5. Intellectual property

• 5.1 The user agrees that all intellectual property rights associated with the portal are owned by Eesti Pank.
• 5.2 The user does not have the right to copy or distribute the portal nor to create new products or services based on the portal.

6. The rights, obligations and responsibilities of the user

• 6.1 The user is responsible for their own contact details in the portal and those of the reporting entity they represent being correct. If the data change, the user must immediately update them in the portal.
• 6.2 The user is responsible for the data contained in reports they submit being correct. If the data of the reporting entity from earlier periods change for any reason, new reports must be submitted for the periods concerned unless otherwise agreed with the addressee of the report.
• 6.3 The user must keep secret all the identifying information needed for logging in. The user is liable for any losses caused by a third party accessing the portal using the identifying information of the user that has been obtained in consequence of the action or inaction of the user.
• 6.4 The user must abide by the terms of use when using the portal and must not knowingly through their own actions cause any disturbance in the operation of the portal.
• 6.5 If the user becomes aware while using the portal of any circumstance that could harm the interests of the addressee of the report or is in breach of the law, or if the user suspects that such a circumstance could arise, they must immediately inform the addressee of the report of this.

7. The rights, obligations and responsibilities of the addressee of the report

• 7.1 The addressee of the report must keep the information and data submitted by the user confidential.
• 7.2 The addressee of the report is not liable for any loss arising from any error caused by incorrect or inappropriate use of the portal or from any unavailability of the portal, for example because of planned maintenance work.
• 7.3 The addressee of the report may unilaterally restrict or terminate the user’s access to the portal without prior warning if the user has breached the terms of use of the portal or is endangering the availability or security of the portal.
• 7.4 The addressee of the report is not liable for any losses whatsoever arising from the data of the portal user or any third party being incorrect.
• 7.5 If the reporting requirements are not met, the addressee of the report may apply a monetary fine or other sanction provided for by Estonian or European Union legislation.

8. Final provisions

• 8.1 Any dispute or disagreement between the user and the addressee of the report concerning the terms of use will be resolved by negotiation in good faith. If no resolution can be achieved, the dispute will be handled in accordance with Estonian law..
• 8.2 If any of the terms of use is recognised as invalid or is in breach of the law, the validity of the other terms of use remains unaffected.