Terms of Service
Description of the Service
1. a) ID Dataweb’s AXN Verify Service consists of the collection of an individual’s specified pieces of personal information, which may include biometric information (“attributes”), whether by ID Dataweb directly or by a Relying Party, the submission of those attributes to one or more services specializing in the verification of attributes (each, a “Service Provider”), the return of qualitative responses regarding the attributes by The Service Provider, the processing of those responses using metrics set by the Relying Party, and the return of a collective response to the Relying Party (collectively, a “Verification Transaction”). The returned responses may include the attributes provided but will not include any additional attributes not provided by the individual. b) The AXN Verify Service is performed under the terms of written contracts between ID Dataweb and its Relying Parties, and as between ID Dataweb and its Service Providers. These contracts contain provisions that prohibit the modification of the terms and conditions applicable to those contracts, including service level agreements, fees, privacy provisions, and other terms unless expressly agreed upon in writing amending such contracts.
Privacy and Data Protection
Each Verification Transaction is done only for the purpose of mitigation of fraud. They are never done for the purpose of evaluating an individual’s creditworthiness, or for marketing or other reasons. b) The collection and processing of attributes is done only with the explicit consent of the individual to have their identity verified. Generally, the consent will be given to a Relying Party and ID Dataweb is processing the attributes in reliance on such consent given to the Relying Party. ID Dataweb collects and processes the attributes only in accordance with the terms and conditions of a written contract between ID Dataweb and the Relying Party. The attributes are shared with only those appropriate Service Providers approved by the Relying Party, in accordance with written contracts providing at least equivalent privacy protections as between ID Dataweb and the Relying Party. d) While ID Dataweb is in possession of an individual’s attributes, they are encrypted at rest and in transit. e) Once the Verification Transaction is complete, the individual’s attributes are permanently erased. They are not retained by ID Dataweb or the Service Providers. The attributes are not transferred to any other party for any reason. f) Any decision regarding the validity or trustworthiness of an individual’s identity is the decision of the Relying Party. Once the Verification Transaction is complete, ID Dataweb and its Service Providers have no further interaction with the individual or their attributes. g) Details for the ID Dataweb Credential Policy for the Kantara Initiative can be found at https://www.iddataweb.com/wp-content/uploads/2023/02/ID_DataWeb_Credential_Policy_FINAL_ver1.0-1.pdf
Responsibilities and Liability
a) ID Dataweb: i) ID Dataweb is responsible for: (1) the secure collection of attributes from an individual as required by the Relying Party; (2) the secure transfer of attributes to Service Providers; (3) compiling responses from Service Providers; and (4) securely communicating the responses to the Relying Party ii) ID Dataweb is not responsible for the quality of the responses provided by the Service Providers. b) Relying Parties: i) Relying Parties are responsible for: (1) Having a legitimate business purpose for seeking the verification of an individual’s attributes that does not violate any applicable law; (2) collecting and storing an individual’s consent to have their attributes verified; (3) determining whether by their use of the AXN Verify Service, ID Dataweb is subject to any laws that ID Dataweb would not be otherwise subject to, e.g. HIPAA, and including appropriate notice in the contracts between ID Dataweb and the Relying Party; and (4) protecting access to the AXN Verify Service from unauthorized users. c) Individuals: i) Individuals are responsible for providing accurate information as requested. ii) Individuals are not responsible for any fees due to ID Dataweb for performance of the AXN Verify Service. d) Service Providers: i) Service Providers are responsible for processing the attributes provided and returning a qualitative response concerning the accuracy or validity of the attributes provided; ii) Service Providers are not responsible for the quality of the response provided regarding the attributes given, as their records and sources may be incomplete or contain conflicting data. Service Providers disclaim all warranties, whetherexpress or implied, including any warranties of fitness for a particular purpose, and merchantability. iii) Service Providers disclaim all liability for any direct, indirect, incidental, special, punitive or consequential damages for claims arising from the performance or use of their services.
ID Dataweb charges fees to the Relying Party based on the Service Providers selected by the Relying Party for use in each Verification Transaction, either as individual services or bundled as a single transaction fee, and for access to the AXN Verification Service itself, as specified in the contract between ID Dataweb and the Relying Party. Fees charged are not dependent on the specific response returned to the Relying Party.
a) Legal Jurisdiction i) Generally, ID Dataweb and these Terms of Service are subject to the laws of the United States of America and the State of Virginia. Each Service Provider operates under the laws applicable to them, but neither ID Dataweb or the Service Providers operate as to conflict with the laws applicable to the other party, e.g., to the extent that the AXV Verify Service is subject to GDPR, then the Service Provider is also subject to GDPR. ii) Certain facts about a Relying Party or individual customers of the Relying Party, e.g., their location or line of business, may grant rights or impose obligations with respect to legislation applicable to them, e.g., HIPAA, CCPA, PIPEDA, or GDPR. In such cases, the contract between ID Dataweb and the Relying Party will include terms and conditions applicable to those laws, whether included in the contract or as a separate agreement. b) Intellectual Property i) Each Relying Party, Service Provider, and ID Dataweb each possess ownership rights to their intellectual property rights. Usage of those rights in performance of the AXN Verify Service does not transfer any rights except those explicitly granted in the contracts between the respective parties.