AML PROOF DISCLAIMER

AML PROOF is a software platform intended for obliged entities within the meaning of the AML Act, on certain measures against money laundering and terrorist financing (hereinafter referred to as the "AML Act"). The platform provides tools for documentation management, conducting client identification and control, risk assessment, and fulfilling other obligations stipulated by the AML Act.

The AML PROOF platform is a supporting tool. Automated outputs, recommendations, and risk assessments generated by the platform are purely for informational and supporting purposes and do not replace the individual assessment of each case by the obliged entity.

According to Section 22a of the AML Act, the obliged entity is required to authorize a member of its statutory body in writing to ensure the fulfillment of obligations arising from the AML Act.

Ultimate responsibility for fulfilling all obligations stipulated by the AML Act — including the obligation of client identification and control (Sections 7–13), risk assessment (Section 21a), maintaining the system of internal principles (Section 21), and reporting suspicious transactions (Section 18) — always remains with the obliged entity, regardless of the use of the AML PROOF platform.

The use of the AML PROOF platform does not relieve the obliged entity of the legal liability for the proper and timely fulfillment of obligations under the AML Act.

The AML Act and related regulations — in particular implementing applicable CNB regulations, methodological guidelines of the FIU, and European anti-money laundering regulations — are subject to continuous changes. AML PROOF ensures the update of the platform in response to legislative developments, but cannot guarantee that the content of the platform reflects the latest interpretation of the relevant regulatory authorities at all times.

The obliged entity is required to continuously monitor changes in AML regulations and update its system of internal principles under the AML Act without undue delay, especially upon the issuance of new methodological guidelines by the FIU or upon a change in legislation.

Sanctions screening performed through the platform serves to fulfill the obligation under the AML Act — to find out and record whether the client, the natural person acting on behalf of the client, and the beneficial owner are not a politically exposed person or a sanctioned person within the meaning of the international sanctions legislation.

Screening results are based on third-party databases and publicly available sources. AML PROOF is not liable for the completeness, accuracy, or timeliness of the data contained in these sources. A screening result of "no record" does not constitute a guarantee that the person is not a politically exposed person or a sanctioned person. The obliged entity is required to assess the screening results with due professional care and to conduct further investigation in case of doubt.

The risk assessment score generated by the platform is a supporting tool for the decision-making of the obliged entity. It does not replace the obliged entity's individual risk assessment and the system of internal policies under the AML Act.

AML PROOF provides technical means for storing identification data, documents, and records from the process of client identification and control in accordance with Section 16 of the AML Act. The obliged entity is responsible for ensuring that the stored data is complete, accurate, and meets legal requirements. The retention period is 10 years according to Section 16 of the AML Act, starting from the first day of the calendar month following the month in which the last transaction was executed or the business relationship was terminated.

AML PROOF processes personal data as a processor within the meaning of Article 28 of the General Data Protection Regulation (EU) 2016/679 (GDPR). The obliged entity acts as the controller of the personal data processed in fulfilling its obligations under the AML Act. The conditions for personal data processing are governed by a data processing agreement concluded between AML PROOF and the obliged entity (annex to the Terms and Conditions, Art. 10.5).

Data is transmitted encrypted via TLS protocol and stored in an encrypted format (AES-256). AML PROOF takes reasonable technical and organizational measures to protect the processed data, but cannot guarantee the absolute security of data transmission over the public Internet.

AML PROOF is liable for damage caused to the obliged entity to the extent stipulated by generally binding legal regulations of the Czech Republic, in particular the Czech Civil Code. The total liability of AML PROOF for damages arising in connection with the use of the platform is limited to the amount of remuneration paid for AML PROOF services for the period of twelve months preceding the occurrence of the damage.

AML PROOF is not liable for damages resulting from: incorrect or incomplete entry of data by the user; failure to fulfill the obligations of the obliged entity under the AML Act; the imposition of administrative sanctions by competent supervisory authorities; or circumstances excluding liability under Section 2924 et seq. of the Civil Code.

This limitation of liability does not apply in cases where its exclusion is prohibited by applicable law, particularly for damage caused intentionally or through gross negligence.

This declaration and all relations between AML PROOF and platform users are governed by the law of the Czech Republic. Any disputes will be resolved by the competent courts of the Czech Republic.