1. GENERAL PROVISIONS
1.1 Unless otherwise agreed, these terms and conditions apply to the Customer’s use of the services provided by ToFindOut AB, registration number 556720-7500 (“ToFindOut”), within the scope of the services specified in the attached agreement, agreed services in the Customer Portal, or corresponding order confirmation.
1.2 When purchasing a service, the Customer is deemed to have read and accepted these terms and conditions if no written objection is made within two (2) working days of receipt thereof.
1.3 In these general terms and conditions, the Customer and ToFindOut are each referred to individually as a “Party” and jointly as the “Parties”. The person to whom the background check relates and whose personal data is processed is referred to in these general terms and conditions as the “Individual”.

2. GRANT AND RIGHTS
ToFindOut grants the Customer a non-transferable right to order the services for internal use during the term of this agreement in accordance with these terms and conditions and the wording of the agreement.

3. EXECUTION OF THE ENGAGEMENT
3.1 The engagement shall be carried out with care, in accordance with applicable swedish legislation and good background check practices formulated by the industry association, Bakgrundskontrollföretagen, and in an otherwise professional manner.
3.2 The Parties shall cooperate and consult in good faith in the execution of the engagement.
3.3 The Customer shall give ToFindOut access to the information and documentation necessary for execution of the engagement. Any powers of attorney that may be required in connection with verification are provided by ToFindOut.
3.4 As part of a background check, ToFindOut may obtain and transmit a credit report regarding the Individual. A credit report is only obtained if the Customer has a legitimate need for it. The Customer is responsible for ensuring that there is a legitimate need for a credit report if such a check is included in an attached agreement, agreed services in the Customer Portal, or corresponding order confirmation.
3.5 The agreed delivery time is calculated as from the working day on which ToFindOut receives the Individual’s approval of the background check if this takes place not later than 10am. Otherwise, the delivery time is calculated as from the next working day.
3.6 Delivery of the report takes place within the delivery time agreed between the Parties, provided that ToFindOut receives requested information. The Customer is aware, however, that ToFindOut’s collection of information and reporting is dependent on the service level, opening hours and processing times of public authorities and institutions, and the provision of accurate and complete data by public authorities and institutions. ToFindOut can therefore not be held liable for any delivery delays, restrictions, or consequences, or for any incomplete or incorrect data which is a consequence of the operations of such public authorities or institutions (including shortcomings in the operations).
3.7 Collection of the various data included in a background check takes place with specific date and time stamps. As the report is always delivered after this date and time, this entails that facts may have changed or been acquired by the sources after data collection but before delivery to the Customer.
3.8 If the Customer cancels ToFindOut’s research engagement after ToFindOut has been provided with the Individual’s approval of the background check and research work has begun, full charges will be payable. ToFindOut owns the definition of this.
3.9 Following completed delivery to the Customer, the Individual is always given access to a copy of the report within twelve (12) hours, at the latest.
3.10 ToFindOut deletes the entire report and all personal data about the Individual stored with ToFindOut 14 days after completed delivery, i.e. when the individual report or the result of the project has been made available to the Customer in the user account or in another contractually agreed manner. Deletion of the report takes place irrespective of whether the Customer has read the report.

4. USE
4.1 The Services may only be used by the Customer’s authorised users.
4.2 Other than as is necessary for the Customer’s own use of the service, the Customer may not assign, transfer, licence, or otherwise disseminate the user credentials for access to ToFindOut’s system.
4.3 The services and the report produced after a completed background check are intended exclusively for the Customer’s internal use. ToFindOut assumes no liability to third parties for the report and the Customer undertakes to hold ToFindOut harmless in respect of third-party claims and/or demands as a consequence thereof.
4.4 Transmission of content from the report is not permitted other than as is necessary to comply with mandatory provisions of legislation or to enable the Party to exercise its rights as per these terms and conditions.
4.5 When handling the report, the Customer is obligated to comply with the terms and conditions set out in appurtenant documentation and other instructions provided by ToFindOut.
4.6 ToFindOut reserves the right to register, save, and compile statistics regarding the Customer’s logins in respect of the service.
4.7 ToFindOut is entitled to conduct anonymous surveys/follow-ups with those Individuals who have undergone a background check via ToFindOut. The survey, participation in which is voluntary, is sent to the individual when all personal data in the report is deleted, see section 3.11.
4.8 ToFindOut is not liable for the content of the material that the Customer itself provides via its user account.
4.9 ToFindOut is entitled to terminate the Customer’s user credentials and delete appurtenant information. Deletion takes place only where ToFindOut has paused the service and informed the Customer not less than twelve (12) hours prior thereto.

5. PROCESSING OF PERSONAL DATA
5.1 Personal-data responsibility regarding the processing of The Individual’s personal data in conjunction with a background check is allocated as follows:(a) From receipt of The Individual’s approval of the background check, during the implementation of the background check and until delivery of the report to The Customer, ToFindOut is a separate data controller.
(b) After delivery of the report to The Customer, each Party is an independent controller regarding its own processing of The Individual’s personal data. ToFindOut’s personal-data responsibility ceases upon deletion of the report – see section 3.11.
Detailed information regarding ToFindOut’s processing of personal data is set out in ToFindOut’s privacy policy in force from time to time, available at https://tofindout.se/en/data-protection-policy/.
5.2 Personal data that ToFindOut has received from the Customer is processed in accordance with applicable and current legislation and ToFindOut’s privacy policy.
5.3 Transfer of personal data to third countries takes place exclusively in those specific instances when a background check is carried out in the country in question. ToFindOut ensures that all personal data transferred to third countries outside the European Commission’s list of countries with an adequate level of protection is processed with appropriate safeguards, e.g. by contracting on the basis of the standard contractual clauses developed by the European Commission.
5.4 The legal basis for ToFindOut’s processing of personal data in the context of a background check is the legitimate interest of a third party (the Customer) in carrying out such a check. The Customer is liable for the existence of such legitimate interest for the performance of the background check, including the processing of personal data carried out as a result thereof (by both the Customer and ToFindOut), including the selection of service package in the background check.
The Customer is also responsible for documenting such balancing of interests and shall provide a copy thereof at ToFindOut’s request.
5.5 The Customer shall inform the Individual why a background check will be conducted and what data the Customer is sharing with ToFindOut. ToFindOut provides the Individual with a link to its privacy policy applicable from time to time.
5.6 ToFindOut processes only the personal data allowed by the relevant country. This means that the content of the report may deviate from stated specifications.

6. CONFIDENTIALITY
All information received from the other Party that could reasonably be considered confidential shall be treated by the receiving
Party as if it were the latter’s own confidential information, and at all times with caution.

7. ERRORS OR DEFECTS
If there are errors or defects at ToFindOut which make it impossible for the Customer to call off the service via its user account, e- mail or telephone, and if ToFindOut has not rectified such error within ten (10) working days from the Customer’s written (e-mail) complaint, the Customer is entitled to terminate this agreement with immediate effect. This right of termination requires, however, that the deviation is of material significance to the Customer and that the Customer has called off the service in accordance with ToFindOut’s directions.

8. PRICES
All listed prices are fixed during the first twelve (12) months of the contract period. Thereinafter, the agreed prices are adjusted once a year. The prices are adjusted in accordance with SCB’s Labour Cost Index for officials (LCI tjm), index SNI2007.

9. LIABILITY AND LIMITATION OF LIABILITY
9.1 In the event of a breach of this agreement, a Party is liable for direct damage it has caused to the other Party.
9.2 ToFindOut’s liability under this agreement is limited to the remuneration for background checks paid by the Customer to ToFindOut during the twelve (12) months immediately preceding the event that gave rise to the Customer’s claim.

10. FORCE MAJEURE
A Party shall not be liable to the other Party for circumstances beyond the former’s control if it or its suppliers is subject to a force majeure event, including war and mobilisation, pandemic, civil unrest, natural disasters, lockout or other labour dispute, shortage of natural resources, fire, damage to equipment used, changed public authority regulations, public authority intervention, interruption of public means of transit, including energy supply, computer viruses, import and export bans, and other prohibitions beyond a Party’s control.

11. INTELLECTUAL PROPERTY RIGHTS
The service and its content are the property of ToFindOut AB. The content of the Service includes, but is not limited to, texts, layouts, logos, source codes, fonts and rights appurtenant thereto (such as copyright and trademark protection, irrespective of whether it is registered). The Agreement does not entail an assignment of any of these rights to the Customer.

12. CHOICE OF LAW AND JURISDICTION
12.1 In the event of disagreement, the Parties, shall in the first instance, negotiate in good faith to find a solution.
12.2 Disputes arising as a consequence of this Agreement shall be conclusively resolved by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). The Rules for Expedited Arbitration shall apply unless the SCC, taking into consideration the complexity of the case, the value of the subject matter of the dispute and other circumstances, decides that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the arbitral tribunal shall consist of one or three arbitrators. The arbitral proceedings shall be held in Stockholm in the Swedish language and Swedish law shall apply to the dispute.

Last modified 2025-03-25 version 2025:1