18.0. Client agrees that all Monex webpages (including service marks, logos and trademarks), Services, mobile applications, process, and systems are Monex property and protected by copyright law or other intellectual property laws. Client may not:
(i) reproduce any part(s) thereof in any form;
(ii) create any derivative work based thereon; or
(iii) incorporate the site into other websites, electronic retrieval systems, publications or otherwise.
Provided Client agrees to comply with this User Agreement, Client may be permitted to view, use, and download a single copy of any webpage(s), (but not any applications, processes or systems) for the purposes of its internal recordkeeping and accounting for Transactions.
18.1. Client acknowledges and agrees that all copyright and other Intellectual Property Rights in and to any deliverables produced by Monex in carrying out any of the Services for Client (including reports, compilations or databases in any and all media) shall be the property of Monex. Client shall be permitted to use such reports, compilations or databases for its own internal business purposes but it shall not disclose, disseminate, sell or otherwise make any such deliverables available to any third party whether in whole or in part, without the express written consent of Monex.
18.2. Client acknowledges that, in order for Monex to perform any of the Services hereunder, it will be necessary for Client to provide Monex Confidential Client Information. For the avoidance of any doubt, Confidential Client Information does not include information that is or has become publicly known, has been independently developed by Monex without use of any Confidential Client Information, or is received from a third party about Client.
18.3. Monex shall not disclose, sell or otherwise transfer Confidential Client Information to any third party other than its contractors, business partners, affiliated entities, financial institutions, and regulators (if necessary) provided, however, that Monex shall have the right to disclose such information to any third party if such disclosure is required by Applicable Law.
18.4. Monex, in its sole discretion, may contact any Beneficiary to effectuate the delivery and provision of the Services, including the ongoing maintenance of Beneficiary Data. Nothing contained in this User Agreement is intended or shall be construed to (i) preclude, restrict or prevent Monex from establishing or maintaining with any Beneficiary a commercial relationship that is separate and distinct from the Services provided to Client hereunder or (ii) relieve Client of its responsibility to ensure the accuracy of all Beneficiary Data contained in any Instruction. Client further acknowledges that Monex already holds and maintains Beneficiary Data for an extensive compilation of Beneficiaries and, therefore, Client’s right to any particular Beneficiary Data shall not be exclusive. Monex agrees that any Beneficiary Data received from Client shall not be disclosed to any third party, except as necessary to deliver the Services, for Monex’ own business purposes, including conducting surveys to ascertain Beneficiary satisfaction with the Services, marketing the Services to any Beneficiary or as otherwise contemplated under this User Agreement.
18.5. Client’s personal information is processed pursuant to Applicable Law and controlled by Monex. Monex uses personal information the Client provides to Monex when using Monex’ products and Services, as well as other information that is collected or generated during Monex’ relationship with Client. This information is used to provide Client with the Services Client agreed to and activities like administration, customer service, anti-money laundering duties, validation of Client details, analysis and research, prevention and detection of fraud, debt and theft recovery, and to help Monex improve its products and services and operations.
18.6. Monex may also use, collect from and share with other businesses who work with Monex, information from other products and services and convenience, which Client has registered for during Client’s relationship with Monex. Monex will hold and retain the information that Client gives Monex about another person including the details of any of Client’s nominated Beneficiaries in order to execute the Transaction. It is the Client’s obligation to ensure prior to providing this information that Client has notified and secured authorization from the other person on Monex’ use and disclosure of this information as set out in this section.
18.7. Monex may transfer information to affiliates in countries other than the country in which the information was originally collected or created, including to affiliates in the United States. Monex may also provide the information to other organizations that help Monex run its business, if there is a reasonable need, to carry out or aide the Services, future services, or for any of the reasons or uses set out in this Section. Monex may add to information Client provides with information from available other business or individuals, including information to validate the accuracy of Client information provided by Client. Monex may disclose personal information, including without limitation, name, customer ID number, address, transaction patterns, and bank account information, (i) if required to do so by domestic or foreign law or legal process or (ii) to law enforcement authorities or other government officials (including those in this country, the United States, or elsewhere) for purposes such as detecting, investigating, prosecuting and preventing crimes, including money laundering and related criminal activity, and the recipients may further disclose the information for these and other related purposes.
18.8. The information Monex holds may be accessed by Monex and its affiliates including any authorized Monex third–party service providers for any of the purposes set out in this Section or for other purposes to which Client has agreed. Client has a right to ask Monex to see and get a copy of Client’s information, for which Monex may charge a small fee to cover administrative costs. Client can also correct, erase or limit Monex’ use of the information which is incomplete, inaccurate, or out-of-date. Client may object at any time on legitimate reasons to the use of Client’s information, where the processing is not required to complete the Service, or required by Applicable Law. If Client wishes to exercise these rights or no longer wish to receive commercial communications from Monex, Client must contact Monex by emailing aml@monexusa.com or writing to the address:
Monex Inc.
1101 K Street NW, Suite 600
Washington, D.C. 20005, USA
Attention: COMPLIANCE DEPARTMENT
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