OUTSOURCE.EARTH Anti-Money Laundering and Know Your Customer Policy (hereinafter - the “AML/KYC Policy”) is designated to prevent and mitigate possible risks of OUTSOURCE.EARTH being involved in any kind of illegal activity.
Both international and local regulations require OUTSOURCE.EARTH to implement effective internal procedures and mechanisms to prevent money laundering, terrorist financing, drug and human trafficking, proliferation of weapons of mass destruction, corruption and bribery and to take action in case of any form of suspicious activity from its Users.
AML/KYC Policy covers the following matters:
- Verification procedures.
- Sanctions and PEP lists screening.
- Compliance Officer.
- Monitoring Transactions.
- Risk Assessment.
1. Verification procedures
One of the international standards for preventing illegal activity is customer due diligence (“CDD”). According to CDD, OUTSOURCE.EARTH establishes its own verification procedures within the standards of anti-money laundering and “Know Your Customer” frameworks.
1.1. Identity verification
OUTSOURCE.EARTH’s identity verification procedure requires the User to provide OUTSOURCE.EARTH with reliable, independent source documents, data or information (e.g., national ID, international passport, bank statement, utility bill). For such purposes OUTSOURCE.EARTH reserves the right to collect User’s identification information for the AML/KYC Policy purposes.
OUTSOURCE.EARTH will take steps to confirm the authenticity of documents and information provided by the Users. All legal methods for double-checking identification information will be used and OUTSOURCE.EARTH reserves the right to investigate certain Users who have been determined to be risky or suspicious.
OUTSOURCE.EARTH reserves the right to verify User’s identity in an on-going basis, especially when their identification information has been changed or their activity seemed to be suspicious (unusual for the particular User). In addition, OUTSOURCE.EARTH reserves the right to request up-to-date documents from the Users, even though they have passed identity verification in the past.
Once the User’s identity has been verified, OUTSOURCE.EARTH is able to remove itself from potential legal liability in a situation where its Services are used to conduct illegal activity.
1.2. Card verification
The Users who are intended to use payment cards in connection with the OUTSOURCE.EARTH’s Services have to pass card verification in accordance with instructions available on the OUTSOURCE.EARTH’s Site.
2. Sanctions and PEP lists screening.
OUTSOURCE.EARTH screens applicants against recognised Sanctions and Politically Exposed Persons (PEPs) lists. Individuals and legal entities are screened against mentioned lists:
- on the onboarding stage when the user is submitting the application;
- on each anti-fraud and AML alerts manually by Compliance Officer;
- monthly by running automatically with a script to re-check all DB of customers.
For the screening process performing OUTSOURCE.EARTH uses WorldCompliance data (provided by LexisNexis) integrated into the proprietary software and supported by World-Check One online search tool (provided by Refinitiv) for manual confirmation.
3. Compliance Officer
The Compliance Officer is the person, duly authorized by OUTSOURCE.EARTH, whose duty is to ensure the effective implementation and enforcement of the AML/KYC Policy. It is the Compliance Officer’s responsibility to supervise all aspects of OUTSOURCE.EARTH’s anti-money laundering and counter-terrorist financing, including but not limited to:
a. Collecting Users’ identification information. b. Establishing and updating internal policies and procedures for the completion, review, submission and retention of all reports and records required under the applicable laws and regulations. c. Monitoring transactions and investigating any significant deviations from normal activity. d. Implementing a records management system for appropriate storage and retrieval of documents, files, forms and logs. e. Updating risk assessment regularly. f. Providing law enforcement with information as required under the applicable laws and regulations.
The Compliance Officer is entitled to interact with law enforcement, which are involved in prevention of money laundering, terrorist financing and other illegal activity.
4. Monitoring Transactions
The Users are known not only by verifying their identity (who they are) but, more importantly, by analyzing their transactional patterns (what they do). Therefore, OUTSOURCE.EARTH relies on data analysis as a risk-assessment and suspicion detection tool. OUTSOURCE.EARTH performs a variety of compliance-related tasks, including capturing data, filtering, record-keeping, investigation management, and reporting. System functionalities include:
1) Daily check of Users against recognized “black lists” (e.g. OFAC), aggregating transfers by multiple data points, placing Users on watch and service denial lists, opening cases for investigation where needed, sending internal communications and filling out statutory reports, if applicable;
2) Case and document management.
With regard to the AML/KYC Policy, OUTSOURCE.EARTH will monitor all transactions and it reserves the right to:
- ensure that transactions of suspicious nature are reported to the proper law enforcement through the Compliance Officer;
- request the User to provide any additional information and documents in case of suspicious transactions;
- suspend or terminate User’s Account when OUTSOURCE.EARTH has reasonably suspicion that such User engaged in illegal activity.
The above list is not exhaustive and the Compliance Officer will monitor Users’ transactions on a day-to-day basis in order to define whether such transactions are to be reported and treated as suspicious or are to be treated as bona fide.
5. Risk Assessment
OUTSOURCE.EARTH, in line with the international requirements, has adopted a risk-based approach to combating money laundering and terrorist financing. By adopting a risk-based approach, OUTSOURCE.EARTH is able to ensure that measures to prevent or mitigate money laundering and terrorist financing are commensurate to the identified risks. This will allow resources to be allocated in the most efficient ways. The principle is that resources should be directed in accordance with priorities so that the greatest risks receive the highest attention.
- Seeking, offering, promoting, supporting, or endorsing services, content, or activities that:
- are defamatory, illegal, violent, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature;
- would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website;
- would violate (a) OUTSOURCE’s Terms of Service, (b) the terms of service of another website or any similar contractual obligations, or (c) the academic policies of any educational institution;
- regard the creation, purchase, and/or publication of a review for a third-party website;
- regard the creation, publication, or distribution of “fake news”, “hoax news”, Deep Fake content or similar content, which is, in OUTSOURCE's sole discretion, determined to be intended to mislead recipients for personal, financial, political or other gain or advantage;
- regard or promote in any way any escort services, prostitution, or sexual acts; or
- any conduct that is, in OUTSOURCE’s determination, violent or harassing toward another person or endorses or encourages violence or harassment towards others, including based on the individual's or group's inclusion in a protected class as defined by applicable law;
- Fraudulent or misleading uses or content, including:
- fraudulently billing or attempting to fraudulently bill any Client, including by (i) falsifying or manipulating or attempting to falsify or manipulate the hours, keystrokes, or mouse clicks recorded in the OUTSOURCE App, (ii) reporting, recording, or otherwise billing Clients for time that was not actually worked, or (iii) on an hourly contract, reporting, recording, or otherwise billing hours worked by another person as hours worked by you in a way that is misleading or false;
- misrepresenting your experience, skills, or information, including by representing another person’s profile, or parts of another person’s profile, as your own;
- using a profile photo that is not you, misrepresents your identity or represents you as someone else, or any other activity that misrepresents your identity;
- impersonating any person or entity, including, but not limited to, an OUTSOURCE representative, forum leader, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- falsely stating or implying a relationship with another User, including an Agency continuing to use a Freelancer’s profile or information after the Freelancer no longer works with the Agency;
- falsely attributing statements to any OUTSOURCE representative, forum leader, guide or host;
- falsely stating or implying a relationship with OUTSOURCE or with another company with whom you do not have a relationship;
- allowing another person to use your account, which is misleading to other Users; or
- falsely stating that one Freelancer will perform the work on a job when another will in fact perform the work, including submitting a proposal on behalf of a Freelancer that is unable, unwilling, or unavailable to do the work;
- Expressing an unlawful preference in a job post or proposal or otherwise unlawfully discriminating on a protected basis;
- Inciting or encouraging violence;
- Posting identifying information concerning another person;
- Spamming other Users with proposals or invitations, including by making unsolicited contact of Users off the OUTSOURCE platform, or by posting the same job multiple times so that more than one version remains active at a given time;
- Making or demanding bribes or demanding other payments without the intention of or without actually providing services in exchange for the payment;
- Requesting or demanding free services, including requesting Freelancers to submit work as part of the proposal process for very little or no money or posting contests in which Freelancers submit work with no or very little pay, and only the winning submission is paid the full amount;
- Requesting a fee before allowing a User to submit a proposal;
- Attempting to or actually manipulating or misusing the feedback system, including by:
- withholding payment or Work Product or engaging in any other conduct for the purpose of obtaining positive feedback from another User;
- attempting to coerce another User by threatening to give negative feedback;
- expressing views unrelated to the work, such as political, religious, or social commentary, in the feedback system;
- providing anything of value to any person (including to a third-party who provides assistance in obtaining feedback) or using any service of any type in order to obtain feedback; or
- offering services for the sole purpose of obtaining positive feedback of any kind;
- Duplicating or sharing accounts;
- Selling, trading, or giving an account to another person without OUTSOURCE’s consent;
- Sharing or soliciting Means of Direct Contact with or from another User either directly through messages or by including Means of Direct Contact in a job post, profile, proposal or other User Content prior to entering into a Service Contract with such User, except as expressly allowed for Enterprise Clients;
- Directly or indirectly, advertising or promoting another website, product, or service or soliciting other Users for other websites, products, or services, including advertising on OUTSOURCE to recruit Freelancers and/or Clients to join an Agency or another website or company;
- Interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site, including by:
- bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;
- attempting to interfere with or compromise, or actually interfering with or compromising, the system integrity or security of the servers running the Site, or attempting to or deciphering any transmissions to or from the servers running the Site;
- using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
- collecting or harvesting any personally identifiable information, including Account names, from the Site;
- attempting to or imposing an unreasonable or disproportionately large load (as determined in OUTSOURCE’s sole discretion) on the Site’s infrastructure;
- introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any software, firmware, hardware, computer system, or network of OUTSOURCE or any third party;
- accessing or attempting to access the Site or Site Services by any means or technology other than the interface provided; or
- framing or linking to the Site or Site Services except as permitted in writing by OUTSOURCE.
- Conduct or actions that could jeopardize the integrity of or circumvent the Site, Site Services or OUTSOURCE's proprietary information, including:
- attempting to or actually reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, or interfering with the operation of, or otherwise attempting to derive source code from, any part of the Site or Site Services unless expressly permitted by applicable law or OUTSOURCE; or
- accessing or using the Site or Site Services to build a similar service or application, identify or solicit OUTSOURCE Users, or publish any performance or any benchmark test or analysis relating to the Site.