Keldan's terms

1. General

Keldan ehf. acts as an intermediary in the dissemination of information from public registers, and the information is obtained from the data controllers of those registers. The data controllers with whom agreements have been made for this service are:

• HMS for the property register
• HMS for encumbrance summaries of properties and vehicles
• RSK for the company register
• RSK for the limited company register
• RSK for company annual accounts
• Ferli ehf. for the national registry
• Samgöngustofa for the vehicle register
• Sýslumaðurinn í Vík for Lögbirtingablaðið
• Vinnueftirlit ríkisins for the machinery register

The dissemination of information in the system works such that a subscriber, or a user the subscriber has registered on their behalf, who requests information from the public registers must log in to the system. Information about the subscriber, or about a user who has been registered on the subscriber's behalf, is recorded in the system's database, i.e. name, ID number, address, email address and the like.

Every query by a subscriber or by a user on their behalf is recorded in a database at Keldan together with the ID number of the party making the query. All queries are therefore traceable to the individual or company that made the query.

For communication between Keldan and the subscriber, the subscriber has provided their email address. Notices from Keldan concerning these terms will be sent by email to the email address provided by the subscriber. Keldan further reserves the right to send subscribers and users email for marketing purposes.

The subscriber bears full responsibility for ensuring that their use, and the use by the users they have registered, of Keldan's information system and information service is in accordance with the law and with these terms. The subscriber is also responsible for which parties are made users, for the handling of passwords, and for taking measures to prevent unauthorised parties from making use of their subscription. Keldan is not liable if a password is lost or misused, and may process a request for information in good faith from users who use the password provided, for as long as the subscriber has not notified Keldan otherwise.

The dissemination of information from public registers does not require an operating licence, but Persónuvernd has been notified of Keldan's operations.

2. Occasional purchases

In the case of occasional purchases of information without registration for a subscription, the purchaser of the information is a subscriber within the meaning of these terms of use, with the following exceptions:

1. There is only one user.

2. The parties' agreement on use is valid for one hour and covers only the reports ordered during that time. The parties' agreement ends without separate notice.

3. No subscription fee is paid, but a fee is paid for information obtained from Keldan's information system according to the price list in force at any given time.

4. Reports purchased by an occasional user are not kept in Keldan's report system and are therefore not accessible to them later.

5. An occasional purchaser does not get access to a billing overview of use of Keldan's information system.

6. An occasional purchaser is not notified of changes to the user terms or to the price list.

3. Reports

4. Price list

A subscriber of Keldan pays a monthly subscription fee according to Keldan's price list. The subscriber also pays for each report that they, or users on their behalf, obtain from the system according to the price list. Individual reports can be purchased without paying a subscription fee, but in that case the reports purchased are not stored, as stated in article 4. The fee for occasional purchases of reports without a subscription can be seen in the price list.

Keldan reserves the right to change the price list. Subscribers shall be notified of a change to the price list by email to the email address provided.

A subscriber may cancel their subscription by sending an email to info@keldan.is.

5. Storage of reports and transaction overview

For the convenience of the subscriber and users on their behalf, reports that have been purchased are stored in a closed web area (Keldan mín) which the subscriber and users on their behalf have access to. Stored reports are marked so that there is no doubt that the information is old and possibly outdated. They may therefore be of use to the subscriber and users on their behalf for reference, but do not replace look-ups in the public registers. Keldan mín also holds a detailed transaction overview where the subscriber can see information about all of their transactions with Keldan.

If a subscription is cancelled, the user's access to the system is closed at the end of the month in which the cancellation is received. The subscriber's access to reports that have been purchased and are stored in the system is closed at the same time.

It is not permitted to use Keldan's information service to collect into a database the information to which access is granted.

6. Monitoring

Keldan offers its customers the service of being able to place "monitoring" on certain information that appears in the annual accounts register, the limited company register and Lögbirtingablaðið. This service is for the convenience of Keldan's customers, but the company does not guarantee that the "monitoring" is complete or free of faults.

7. Rights of registered parties

Under the Data Protection Act no. 77/2000, obligations rest on the data controllers of the public registers from which Keldan disseminates information, regarding the provision of information to those registered there. Under the Act, the registered party has, among other things, the right to obtain from the data controller knowledge of who has been given access to information about them. To ensure that the data controller of each register can fulfil its statutory obligation in this respect, Keldan records every query made through its system. If a data controller requests information about who has obtained information about a particular registered party, Keldan will hand over a list of all queries about that party, showing the ID numbers of those who have made queries about them in the system.

8. Dissemination of information from the registration of title books

On 17 March 2010 the Ministry of Justice and Human Rights granted Keldan ehf. authorisation to access the computerised registration of title books via an online connection, pursuant to article 12, paragraph 1 of regulation no. 405/2008 on registration of title, cf. article 53 of the Registration of Title Act no. 39/1978.

Article 11 of regulation no. 405/2008 on registration of title states:

A subscriber of Keldan, or a user the subscriber registers on their behalf, who requests access to the registration of title books (encumbrances) must specifically confirm that it is necessary because of their operations to view the computerised registration of title books, and must give an explanation of why the access is necessary. The explanation of the subscriber or of the user on their behalf is stored with the application for access, and Keldan reserves the right to verify the explanations given and to provide information about them to others as laws and rules prescribe.

9. Changes to the terms

Keldan reserves the right to make changes to these terms. If the terms are changed, the subscriber shall be notified of the changes by email to the email address provided before they take effect.

10. General disclaimer

The information Keldan disseminates is obtained from public registers as described in article 1. Access to information, and Keldan's services that are based on it, such as the storage of older reports, is based on the rules and practice of the data controllers at any given time. Keldan reserves the right to change its service in line with changed rules and administrative practice.

Keldan does not guarantee that the information disseminated is correct. Particular care must be taken that some time may pass from when data is submitted to the data controllers of the public registers until it is entered into electronic registration. All use of information that Keldan disseminates is the responsibility of the subscriber.

Keldan reserves the right to interrupt access to information temporarily, without prior warning and without notice, if required because of maintenance and improvements to Keldan's system, information security and the like.

11. Special terms for individual public registers

1. Regarding the property section of the property register:

   1. All information from the property register is confidential and may not be handed over to others, directly or indirectly.

   2. Access to Keldan's website carries the right to make queries in the property register. Only the subscriber and users on their behalf who have been registered in the information system are authorised to make queries on the basis of this agreement.

   3. A subscriber, or a user on their behalf, who is authorised to obtain information through Keldan is bound by confidentiality regarding the content of that information.

   4. The subscriber and users on their behalf are obliged to keep all information from the property register in a secure place.

   5. The collection of information from the property register by electronic means is entirely prohibited. The same applies to interconnection with other registers.

   6. If a subscriber or a user on their behalf breaches the provisions of these terms, the subscriber's or the user's access to the property register at Keldan may be closed without delay. The right is also reserved to claim compensation from the subscriber for damage that may result from those breaches.

2. Regarding the registration of title section of the property register:

   1. Only the subscriber and users who have been registered on their behalf are authorised to make queries, and they may not hand their password to others or otherwise disclose their access rights.

   2. The subscriber and users on their behalf who are authorised to obtain information from the registration of title section of the property register are bound by confidentiality regarding the content of that information towards parties who do not need to know the content because of their work.

   3. It is not permitted to give an outside party information from the registration of title book, or to hand such a party printed encumbrance summaries from the registration of title system.

   4. The collection of information from the property register by electronic means is entirely prohibited. The same applies to interconnection with other registers.

   5. Attention is drawn to the fact that an encumbrance summary does not replace a certificate from the registrar of title.

   6. If the above conditions or the regulation on registration of title are breached, or a contracting party no longer meets the conditions for having access to the system, the access authorisation shall be revoked.

3. Regarding ID number searches in the property register to examine an individual's asset position and asset history:

   1. Authorisation must be applied for separately and special terms apply.

   2. Only lawyers engaged in debt collection, trustees of bankruptcy or deceased estates, supervisors under the act on temporary payment adjustment, and public bodies that have statutory authority for it, may be granted access.

4. Regarding ID number searches in the property register to examine a legal entity's asset position and asset history:

   1. Only specially registered employees at each user are authorised to make queries on the basis of this agreement, and they may not hand their passwords to others or otherwise disclose their access rights.

   2. An employee at a user who is authorised to obtain information from the property register is bound by confidentiality regarding the content of that information towards parties who do not need to know the content because of their work.

   3. Neither HMS nor Keldan bears liability for any damage that may result from information from the property register turning out to be incorrect.

   4. Keldan reserves the right not to be bound by individual provisions of this agreement if the law is changed in such a way that performance on Keldan's part is impossible. The same applies if other public rules stand in the way of performance, as well as vis major of any kind. HMS does likewise.

   5. The user shall delete information from the property register when there are no legitimate reasons to retain it.

   6. If the above conditions or the regulation on registration of title are breached, or a contracting party no longer meets the conditions for having access to the system, the access authorisation shall be revoked.

5. Regarding the vehicle register:

   1. Keldan records the name and ID number of the party that makes a query in the vehicle register.

   2. If the recipient of the information is an individual, they shall prove their identity by presenting personal identification.

   3. The recipient of the information may only store the information in their own systems and may not collect it into a separate database of vehicles.

   4. The recipient of the information may only use the information for their own purposes and may not pass it on to a third party or publish it publicly, except to the extent that this may be regarded as a normal part of the recipient's operations. Personal data may, however, never be published publicly.

   5. The recipient shall familiarise themselves with the working rules on the dissemination of information from the vehicle register.

6. Regarding ID number searches in the vehicle register:

   1. In addition to the general terms, the following terms apply to access by lawyers and estate trustees to ID number look-ups:

      1. Lawyers and estate trustees shall sign a separate declaration that the information will only be used in those cases where this is permitted under article 4.3 of Samgöngustofa's working rules on the dissemination of information from the vehicle register.

      2. Access to look-ups by ID number may only be granted to the lawyer or the estate trustee themselves. All look-ups carried out with their access are their responsibility and they shall ensure that no unauthorised party can use the access.

   2. In addition to the general terms, the terms below apply to a party's access to vehicles they own or control:

      1. A request for access to vehicles owned by a particular party shall be confirmed by the owner themselves or by someone who is authorised to bind the legal entity.

      2. A party who is given access to their own ID number is responsible for all look-ups that are carried out in their name and shall ensure that no unauthorised party can use the access.

7. Regarding the machinery register:

   1. Keldan records the name and ID number of the party that makes a query in the machinery register.

   2. If the recipient of the information is an individual, they shall prove their identity by presenting personal identification.

   3. The recipient of the information may store the information in their own systems but may not collect it into a separate database of machinery.

   4. The recipient of the information may only use the information for their own purposes and may not pass it on to a third party or publish it publicly, except to the extent that this may be regarded as a normal part of the recipient's operations. Personal data may, however, never be published publicly.

   5. The recipient shall familiarise themselves with the working rules on the dissemination of information from the machinery register.

8. Regarding ID number searches in the machinery register:

   1. In addition to the general terms, the following terms apply to access by lawyers and estate trustees to ID number look-ups:

      1. Lawyers and estate trustees shall sign a separate declaration that the information will only be used in those cases where this is permitted under article 4.3 of Vinnueftirlitið's working rules on the dissemination of information from the machinery register.

      2. Access to look-ups by ID number may only be granted to the lawyer or the estate trustee themselves. All look-ups carried out with their access are their responsibility and they shall ensure that no unauthorised party can use the access.

   2. In addition to the general terms, the terms below apply to a party's access to machinery they own or control:

      1. A request for access to machinery owned by a particular party shall be confirmed by the owner themselves or by someone who is authorised to bind the legal entity.

      2. A party who is given access to their own ID number is responsible for all look-ups that are carried out in their name and shall ensure that no unauthorised party can use the access.