Terms and Conditions of Use

CONTENTS

INTRODUCTION
1. DEFINITIONS
2. ACCESS SERVICE
3. SERVICE LEVEL
4. CONDITIONS OF USE
5. UNDERTAKINGS
6. PROCEDURES IN THE EVENT OF A TRANSFER REQUEST
7. DISPUTES PROCEDURE
8. EXCLUSION OF GUARANTEE AND LIABILITY DISCLAIMER
9. DURATION
10. CHANGES TO GENERAL CONDITIONS
11. PRICES
12. LANGUAGE VERSION
13. APPLICABLE LAW AND JURISDICTION
14. APPENDICES

INTRODUCTION

The Global Legal Entity Identifier Foundation (GLEIF) is a non-profit-making organization set up by the Financial Stability Board (FSB) under Swiss law.

GLEIF and its partner local operational units ("LOU") manage an international unique identifier system ("Legal Entity Identifiers", "LEI") and directories of LEIs containing certain additional information about the legal entities concerned: "reference data for the Legal Entity" called "LE-RD" and "financial links" called "LE-RR".

The web site LEI-France.insee.fr provides users with access to the LOU LEI directory. Access can be achieved by downloading files, via Web or API interfaces or any other technical means supplied at the discretion of INSEE. All access to the data concerning LEIs, LE-RDs and LE-RRs on the LEIFrance.INSEE.fr site is subject to the conditions of use set out below (the "Conditions of use").

1. DEFINITIONS

  • "Access service": means the system supplied by INSEE under these Conditions of use and described in more detail below, supplied by the LEI-France.insee.fr web site.
  • "Directory of LOU LEIs": means the database and/or file in common format for data files used by INSEE containing at least all the LEIs, LE-RDs and LE-RRs handled by INSEE.
  • "GLEIF trademark and logo": means the GLEIF trademark and logo, as it appears on the www.gleif.org site.
  • "GLEIS" means the Global Legal Entity Identifier System managed by GLEIF and the LOUs.
  • "LEI" means one or more Legal Entity Identifiers issued by GLEIF and the LOUs.
  • "LEI Reference Data" and "LE-RD" (in the singular or plural) mean essential information allowing legal entities with an LEI to be identified and information on the validity of the LEI.
  • "LEI Relationship Record" and "LE-RR" (in the singular or plural) mean essential information allowing the financial relations of an LEI to be identified.
  • "LOU" or "LOUs" mean the local operational unit or units which have signed a framework agreement with GLEIF and which are accredited by GLEIF to accept requests for LEIs from legal entities and to issue LEIs. A list of accredited LOUs is available on the www.gleif.org site. INSEE is an authorized LOU.
  • "We", "our", "us" or equivalent terms refer to INSEE.
  • "Products" means LEI, LE-RD and LE-RR data.
  • "User", "you", "your" or equivalent terms mean any user of the access service.

2. ACCESS SERVICE

  1. The access service allows users to consult and/or download Products and/or all or part of the Products from the LOUs LEI Directory and/or the file in common format for data files.
  2. The Access Service on the LEI-France.insee.fr is provided free of charge and without any technical barrier.
  3. Data available under the access service are supplied under CC0 license, see https://creativecommons.org/publicdomain/zero/1.0/.
  4. To protect the GLEIS and its fundamental principles as indicated in the GLEIS governance principles, in particular against any use of the Access Service contrary to its fundamental principles or the public good, for which the Products are supplied or which threatens them or attacks them, we reserve the right to suspend or modify the Access Service or its Conditions of Use.
  5. The technical requirements that you must comply with, in order to be able to use the Access Service are set out on the LEI-France.insee.fr site.

3. SERVICE LEVEL

We make all reasonable efforts to ensure that the LEI-France.insee.fr web site and the Access Service are available without interruption and free from errors. However, their use may be interrupted for maintenance reasons, updating or a system or network failure. Wherever possible, maintenance periods will be announced in good time on the LEI-France.insee.fr site.

4. CONDITIONS OF USE

  1. By using our Access Service, you accept the following conditions:
    1. You acknowledge that you do not have and will not acquire any intellectual property or other right in the Products made available via the Access Service and that you do not or will not claim any such rights.
      Furthermore, you acknowledge and accept that the LEI, such as it is, i.e. a code allowing a Legal Entity to be identified, is not covered by intellectual property rights under the revised Berne convention. Furthermore, the Products, which are free of rights, may be consulted freely and free of charge on the Internet.
    2. You accept that you have access to the Products on the LEI-France.insee.fr site exclusively through use of the Access Service and agree not to try to obtain access to our Directory of LEIs or other files or databases by means other than through the use of the Access Service that we provide and, in particular, not to attempt to bypass the technical restrictions or infect the LEI Directory with any sort of virus.
    3. If you wish to use the GLEIF trademark and logo, which are registered trademarks, please contact GLEIF at the address shown on the www.gleif.org site.
  2. You agree that you will not in any way give the impression that the data and / or services, except the original Products that you have downloaded via the Access Service, are provided or supported or authorized or granted by or otherwise associated with GLEIF or INSEE.
  3. You further agree to refrain from any action or statement that might mislead the public and / or your customers to believe that products or services you provide, even if the Products are part of those products or services, are services or products supplied by GLEIF or any LOU or that you use GLEIF and / or the GLEIS and / or any of the LOUs or are bound by any particular relationship.
  4. You agree that GLEIF and INSEE may take all appropriate measures, including, but not limited to, legal proceedings and preliminary injunctions, if you do not comply with these Conditions of Use, and that you are punishable under French law for any breach of these conditions, sanctions which can lead to -when the law allows it- a fine of 100 000€.

5. UNDERTAKINGS

5.1 Undertakings by the user:
The user undertakes to:
  • be mandated by the Legal Entity to carry out relevant requests on the LEI-France.insee.fr website. All information and documents provided must be submitted by the Legal Entity's authorized signatories, and duly dated and signed;
  • be authorized to accept these general conditions on behalf of the Legal Entity
  • provide the necessary information that will be asked for when using the LEI-France.insee.fr site and, where applicable, confirm information about it and which is suggested to it by the site (SIREN, etc.);
  • not to request LEI for the same Legal Entity, be it from INSEE or from another LOU;
  • supply true, full and authentic information;
  • modify without delay the data he has provided in the case it has changed;
  • be aware that the LOU may be required by mandatory law or per internal LOU controls to change LERD;
  • be aware that the issuance of an LEI, and its yearly renewal, is subject to requirements established by GLEIF;
  • pay the price for the service;
  • make annual payment for the revalidation and renewal of the LEI;
  • use the registration number allocated to it correctly;
  • transfer the rights from the Legal Entity, its signing individuals and any other persons, relating to any data becoming part of the LERD, to INSEE.
5.2 Undertakings by INSEE:
INSEE undertakes to:
  • allocate an LEI number to the applicant / user;
  • update the LE-RD whenever they have been modified in the relevant legal directory (Sirene or AMF).INSEE does not inform the user;
  • respect the allocation rules set out in the Master Agreement;
  • respect the lead time of one month for allocating a Product;
  • ensure that transfer operations are free;
  • ensure that data supplied by the applicant / user is secured
  • only manage LEI for entities under French jurisdiction (i.e. repertoried in one of the French legal directories such as RCS, Sirene or GECO).
These undertakings apply to every Product renewal.

6. PROCEDURES IN THE EVENT OF A TRANSFER REQUEST

  • In the event of a transfer requested by a user, INSEE will inform it that surnames, first names and email addresses are likely to be transferred to the receiving LOU and also to GLEIF.
  • Therefore, the user, by accepting these general conditions, also accepts that data about it will be transferred, as dealt with by this article.
  • When INSEE is informed of a transfer request by another LOU, it undertakes to request the consent of the owner User If no response is received within three working days, the transfer request is deemed to have been accepted.
  • The GLEIF retains the right to demand the transfer of a LEI from any LOU to another LOU.

7. DISPUTES PROCEDURE

  • INSEE undertakes to deal with all cases of challenges.
  • When the challenge can be resolved easily and quickly, INSEE does not inform the User.
  • Where the challenge reveals actual, serious anomalies, INSEE undertakes to inform the User.

8. EXCLUSION OF GUARANTEE AND LIABILITY DISCLAIMER

  1. Products made available to you via the access service are supplied "as they come" and "according to availability". We do not give any assurance or guarantee of any sort, express or implied on this subject. You accept that any use you make of them is at your risk and peril.
  2. Within the limits permitted by applicable law, we decline any guarantee, express or implied, and any liability with regard to the products, including, in a non-restrictive way, implicit guarantees of commercial value and suitability for a particular purpose. We will not be liable in any way for any damage incurred, in a non-restrictive way (direct, indirect, consequential, etc.) resulting from the use of the access service or the Products.
  3. In particular and without limitation, you acknowledge that the issuing of an LEI and the collection of LE-RD and LE-RR is based on requests and information supplied by third parties. We cannot and do not declare or guarantee that the information is accurate, correct or up to date or that a given LEI is the only LEI issued for a given Legal Entity.
  4. In particular and without limitation, we decline all liability for damage due to interruptions or errors in the operation of the access service or the LEI-France.insee.fr web site. Furthermore, we decline all liability in the event of poor operation, lack of access or poor condition of the services or the web site due to unsuitable equipment, disruption caused by internet service providers, saturation of the internet network or for any other reason. Furthermore, we do not guarantee that the services, information or contents included or otherwise, made available to you via the services or the LEI-France.insee.fr web site are free of viruses or other harmful components.
  5. Reservations relating to the license apply (see article 4 on conditions of use).

9. DURATION

The user accepts the present general conditions for an undefined period.

These general conditions will cease to apply automatically, without any liability of INSEE for any damages caused by such termination, in the following circumstances:
  • transfer of the Legal Entity away from INSEE;
  • cessation of activity by the Legal Entity;
  • the acceptance of new general conditions;
  • the Legal Entity abandoning its status as Legal Entity with an LEI;
  • failure by the Legal Entity to meet its obligations under these general conditions;
  • a deprivation of the LEI due to non-compliance of the Legal Entity with requirements in the course of re-validation;
  • severe or repeated violation of contractual duties, for which no cure is possible, or cure has been refused despite a reasonable cure period;
  • cancellation of the Master Agreement of the LOU with GLEIF (assumption that INSEE would no longer be a LOU);
  • cessation of activity by INSEE.

10. CHANGES TO GENERAL CONDITIONS

Any change to these general conditions of use (other than appendices) will result in new general conditions being produced.

These new general conditions will be substituted for the present conditions and will be approved by the user / applicant on the LEI-France.insee.fr site.

11. PRICES

The prices for the Products subject to these conditions are fixed in accordance with the current pricing statement which appears in the appendix.

If the LEI is not renewed for a period strictly longer than one year, INSEE reserves the right to apply "allocation" pricing. INSEE retains the right to modify its pricing annually and to apply a new pricing policy without prior consultation with users.

12. LANGUAGE VERSION

If business conditions or information on the LEI-France.insee.fr site are made available in different language versions, the respective French version applies, in particular with regard to the interpretation of the formulations used. Other language versions (translations) are for information only.

13. APPLICABLE LAW AND JURISDICTION

  1. These conditions of use and your use of the Access Service are governed and interpreted in all respects according to French law.
  2. The Parties submit to the exclusive jurisdiction of competent French courts for any disputes that may arise in respect of these conditions of use or associated with them.

14. APPENDICES

LEI pricing statement