ID Dataweb Identity Verification Terms of Service

These Terms of Service are applicable to the verification of an individual’s identity performed under the terms and conditions of contracts between ID Dataweb,Inc. (“ID Dataweb”) and its customers (each, a “Relying Party”).

Description of the Service

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.

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, determining suitability or entitlement to benefits, for marketing purposes, or other reasons.

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.

While ID Dataweb is in possession of an individual’s attributes, they are encrypted at rest and in transit.

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.

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.

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

ID Dataweb:

ID Dataweb is responsible for:

the secure collection of attributes from an individual as required by the Relying Party;

the secure transfer of attributes to Service Providers;

compiling responses from Service Providers; and

securely communicating the responses to the Relying Party

ID Dataweb is not responsible for the quality of the responses provided by the Service Providers.

Relying Parties:

Relying Parties are responsible for:

Having a legitimate business purpose for seeking the verification of an individual’s attributes that does not violate any applicable law;

collecting and storing an individual’s consent to have their attributes verified;

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

protecting access to the AXN Verify Service from unauthorized users.

Individuals:

Individuals are responsible for providing accurate information as requested.

Individuals are not responsible for any fees due to ID Dataweb for performance of the AXN Verify Service.

Service Providers:

Service Providers are responsible for processing the attributes provided and returning a qualitative response concerning the accuracy or validity of the attributes provided;

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, whether express or implied, including any warranties of fitness for a particular purpose, and merchantability.

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.

Fees

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.

Redress Policy and Procedures

Individuals who believe that ID Dataweb has processed or possesses their personal data may make requests with respect to their personal data by contacting the company through the general-purpose contact form, located at the bottom of the Home Page at www.iddataweb.com or by email to compliance@iddataweb.com. The company’s Data Protection Office (“DPO”) will promptly evaluate the request. The company’s validation criteria provide that requests may be rejected in certain circumstances, including where (i) the identity of the requester cannot be authenticated, (ii) the requester fails to provide sufficient information to allow the company to reasonably respond to the request, (iii) the request is overly broad or excessive when balanced with the resource and cost implications of responding to the request, (iv) the request is repetitive of a previous request submitted by, or behalf of, the same requester or (v) the request is clearly intended to circumvent reasonable document production restrictions under legal, administrative or similar proceedings. If the request is rejected during the validation process, the requester will be given reasons and have the opportunity to request reconsideration by the DPO. If the DPO confirms a rejection decision, the individual will also have an opportunity to appeal to a Privacy Review Panel.

The Privacy Review Panel consists of senior company individuals who are independent of the DPO team and who have not been involved in validating, assessing or responding to a request. The Privacy Review Panel will conduct an independent review of any matter brought before it for appeal.

Upon completion of its appeal review, the Privacy Review Panel will require the DPO to make available (i) any additional information it determines is appropriate and consistent with the Privacy Policy or (ii) its decision on what actions, if any, should be taken by the company. Decisions of the Privacy Review Panel are final.

General Provisions

Legal Jurisdiction

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 AXN Verify Service is subject to GDPR, then the Service Provider is also subject to GDPR.

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.

Intellectual Property

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.