TERMS AND CONDITIONS OF USE

FOR THE MAPPING ENFORCEMENT PLATFORM

(GEOPORTAL)

ARTICLE 1 – PURPOSE AND ACCEPTANCE BY THE USER

1.1 Subject to compliance with these Terms and Conditions of Use, the World Customs Organization

(hereinafter the “WCO”) grants the user (hereinafter the “User”) a non-exclusive and non-transferable

right to access and use the Mapping Enforcement Platform (GEOPORTAL), an information mapping

and exchange platform (hereinafter the “Platform”), consisting of a web portal, a mobile application

and its databases, the purpose of which is to facilitate the geolocalization and dissemination of

information between individuals within a specific closed user group for the duration of an operation or

project (hereinafter the “Purpose”).

1.2 The User declares having acquainted itself with and accepted without any reservation these general

terms and conditions governing access to and use of the Platform (“Terms and Conditions of Use”).

1.3 When using a shared account among multiple Users, it is the responsibility of the individual User to be

acquainted with these general terms and conditions. Upon accessing the Platform with a shared

account, the individual User agrees with these general terms and conditions.

ARTICLE 2 – CONDITIONS OF USE

2.1 Authorized use

2.1.1 The User shall be exclusively authorized to consult and make a strictly non-commercial use of

the Platform within the limit of its Purpose, on the understanding that any other use is prohibited. To

this end the following in particular, free of charge or against payment, shall be strictly prohibited:

(i) the copying, reproduction, adaptation, translation, transformation, marketing or amendment of

the Platform and its content;

(ii) the public dissemination of the content of the Platform; or

(iii) the creation of products derived from the Platform or its content.

(iv) the use of the Platform or its content for military purposes.

2.1.2 Geolocalized information exchanged between Users via the Platform may only be used or

disclosed consistent with these Terms and Conditions of Use. Users intend that such information is not

to be used by the receiving User for other purposes or disclosed to third parties unless the providing

User expressly provides prior written approval, consistent with its laws and policies. The dissemination

of information exchanged by the Users shall be limited to individuals with a need-to-know to enable

them to carry out their official responsibilities. It is understood that members of the Operational

Coordination Unit (OCU) may share received information amongst the Users of the closed user group.

2.1.3 Where a disclosure of information is required by the receiving User’s applicable laws, the

receiving User is expected to promptly provide written notice to the providing User detailing the

information to be disclosed and the party or agency to which the information is expected to be

disclosed, to the extent practicable and consistent with the receiving User’s laws and policies. In the

event that the providing User cannot satisfy a request for information, the providing User expects to

notify the requesting User promptly and provide the requesting User with a statement of the reasons

for postponement or denial of the request.

2.2 Access to the Platform

2.2.1 The User is responsible for the security and confidentiality of login details (usernames,

passwords, etc.) which it shall define itself with no intervention from the WCO. The User shall have

sole responsibility for the management of these access rights and the use made of them by its agents,

including in the event of fraudulent use of these access rights.

2.2.2 Geoportal user rights are defined as follows: the Field Officer with limited rights; the National

Administrator(s) authorised to create accounts and modify data at the national level; and the WCO

Administrator(s) with full rights. National Administrators are strictly prohibited from creating an account

or profile outside their national administration, unless they are solely responsible for user creation at

the national level and their status is recognized by their administration and by the WCO.

2.3 Information

2.3.1 Exchange of information

(i) The User shall have sole responsibility for any information published, exchanged and/or

disseminated on the Platform and the WCO shall have no responsibility whatsoever for its

accuracy and relevance.

(ii) The User declares that the information published, exchanged and/or disseminated on the

Platform do not violate any third-party rights, such as image rights, intellectual property rights

and rights to personal data, or any applicable legislation, and shall guarantee the WCO against

any claim whatsoever on these grounds.

(iii) Where a User determines that providing information would disrupt ongoing investigations,

affect security, public policy, or any other substantive interest, or would be inconsistent with its

applicable laws or policies or international obligations and policies, it may withhold such

information, or may provide it subject to the satisfaction of certain conditions or requirements.

(iv) In any particular case, a User may apply additional restrictions (beyond those set out in these

Terms and Conditions of Use) with respect to the use or disclosure of information which it has

provided hereunder, to include treatment of the information in a manner consistent with its own

applicable policies, laws, and international obligations.

(v) Each User is expected to apply appropriate standards with respect to the handling and

safeguarding of the information received, commensurate with the sensitivity of such

information. To the extent the sensitivity of information is unknown; it should be deemed

sensitive and treated as such.

2.3.2 Collection and storage of information

(i) The WCO collects and stores information exchanged on the Platform only as long as

necessary to carry out the Purpose and in accordance with its internal rules and policies; in

particular, the WCO shall ensure that any information relating to an identified or identifiable

individual (“Personal Data”) are collected and processed according to the rules and principles

expressed in the WCO’s Personal Data Protection Policy (available for consultation on WCO’s

public website: https://www.wcoomd.org/-/media/wco/public/global/pdf/about-

us/legalinstruments/policies/personal-data-protection-policy_en.pdf?la=en). Any individual

may address requests to enforce its rights according to the Policy (right to information, access,

rectification and erasure, object and data portability) and/or complain in writing to the WCO’s

Data Protection Officer (dpo@wcoomd.org) about any matter relating to his/her Personal Data.

(ii) Users intend, at all times, to store information obtained via the Platform in secure electronic

and/or paper storage systems.

(iii) Information obtained via the Platform is expected to be retained only as long as necessary to

carry out the Purpose and in accordance with the receiving User’s applicable laws, policies

and international obligations.

2.4 Financial conditions

The WCO allows, free of charge, the consultation and use of the Platform by the User. The User

remains responsible for all costs, fees and investments it incurs directly or indirectly when using The

Platform.

ARTICLE 3 – GUARANTEES AND LIABILITIES

3.1 The WCO shall not, other than in its functions of OCU of a closed user group, verify the content, form,

accuracy or relevance of the Platform and its content.

3.2 The Platform shall be made available to the Users “as is”, with no other explicit or implicit guarantee. Each

User declares and recognizes expressly that the WCO does not provide any guarantee with regard to

the Platform content which is binding only on their author and not the WCO and does not reflect the

views or opinion of the WCO.

3.3 The use of the Platform and of its content shall be made under the sole responsibility of the User and the

WCO shall not, under any circumstances, be held liable for any damage (direct or indirect) linked to

the use of the Platform and its content (including errors, omissions or typing errors, or due to

misinterpretation). To this end, the User is required to take precautions with regard to use of the

Platform. In particular, the User shall acknowledge that it has verified that it, and/or where applicable,

its staff and/or partners, possesses/possess the level of training and authorization required to use the

Platform.

3.4 The User undertakes to compensate the WCO for any costs it may have to bear following any action or

complaint by third parties, judicial or extrajudicial, relating to its use of the Platform, and indemnifies

the WCO against any conviction in this respect in the event of claims or appeals.

ARTICLE 4 – INTELLECTUAL PROPERTY

4.1 The User agrees and acknowledges that the WCO is the sole holder of all the intellectual property rights

(such as copyright, the rights of the database producer, trade name or trade mark, trade secrets,

patents and any other form of intellectual or industrial property rights, hereinafter referred to collectively

as “Intellectual Property Rights”) and other rights relating to the Platform. The User undertakes to

respect and, where applicable, to ensure that its agents, bodies and staff members respect the WCO’s

Intellectual Property Rights in their entirety.

4.2 This clause is a determinant of the WCO’s commitment and any breach or attempted breach thereof by

any User is cause for immediate termination of the authorization to use the Platform without prejudice

to any damages that the WCO could be entitled to claim.

ARTICLE 5 – PROHIBITION OF ACCESS

In the event of (i) failure to comply with these Terms and Conditions of Use or (ii) of the performance by the

User of any activity which might be detrimental to the WCO, the WCO may prohibit access to the Platform,

immediately and without notice or indemnity, without prejudice to any damages that the WCO could be entitled

to claim.

ARTICLE 6 – ENTIRETY AND AMENDMENTS

6.1 These Terms and Conditions of Use shall constitute the entirety of the agreement entered into between the

Parties with regard to its purpose.

6.2 The WCO reserves the right to amend the Terms and Conditions of Use at any time. The new conditions

shall be deemed accepted by the User inasmuch as it continues using the Platform after the date of

their entry into force.

ARTICLE 7 – GENERAL PROVISIONS

7.1 If one or other Party does not insist upon its rights where the other Party has failed to honour one of the

obligations set forth in these Terms and Conditions of Use, this shall not be interpreted in future as

renouncing the right to require compliance with the obligation infringed against.

7.2 If any stipulation in these Terms and Conditions of Use is null under a rule of law currently in force or a final

judicial ruling, it shall be deemed not to form part of these Terms and Conditions of Use, but the force

and scope of the remaining stipulations shall not be affected in any way whatsoever.

7.3 Any notification relating to these Terms and Conditions of Use shall be effected in writing and sent to the

WCO at the following address:

World Customs Organization

Legal Service

Rue du Marché 30, 1210 Brussels, Belgium

E-mail: legal@wcoomd.org

ARTICLE 8 – SETTLEMENT OF DISPUTES

8.1 Nothing in these Terms and Conditions of Use, including any references to national legislation, may be

construed as any waiver by the WCO of its privileges and immunities or of those of its officials.

8.2 Any dispute regarding the application of these Terms and Conditions of Use between a User and the

WCO shall be settled in accordance with the procedure laid down in Part I of Customs Co-operation

Council Decision 331 of 1 July 2011 (available for consultation at:

http://www.wcoomd.org/en/aboutus/wco-decision-331-on-the-settlement-of-disputesand-wco-

standard-terms-and-conditions.aspx).