terms of use verifai app

Last version: 27 April 2020

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PLEASE, READ THIS TERMS OF USE VERY CAREFULLY. BY DOWNLOADING, ACCESSING OR USING THE VERIFAI APP FOR IOS AND ANDROID, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THE BELOW TERMS, DO NOT USE THE VERIFAI APP FOR IOS AND ANDROID.

 

Chapter A: Definitions

 

Article 1: Definitions


 1.1 Terms of use  hereinafter referred to as “Terms”): any agreement between Verifai and the other party to which these Terms of Use are applicable. These Terms of Use are deemed to constitute part of such an agreement.

1.2 Verifai (hereinafter referred to as  “Verifai”, “us”, “we”, “Supplier”): the legal entities Verifai B.V. and/or companies that are affiliated with these legal entities.

1.3 Customer (hereinafter referred to as “Customer” or “you”, “other party”): the user of the Verifai Products and Services

1.4 Verifai app: the standalone app for iOS and Android which allows the user to Perform ID verification: 
 

  • Read information from an Identification document, including:
    • Passports
    • ID Cards
    • Driver Licenses
    • Residential permits
  • Make a digital image from an identification document
  • Mask personal sensitive data based on your own preferences
  • Authenticate the document by reading the chip of an identification document
  • Manually check security features from an identification document
  • Manually check the data from an identification document
  • Create, store, and share verification reports
     

1.5 General Terms and Conditions: Chapters [1, 2, 4 and 7] of the Nederland ICT (ICT ~Office) terms and conditions apply.

 

Chapter B: General Clauses

This chapter with general provisions applies to the Verifai app for iOS and Android.

 

Article 2: Applicability


 2.1 These terms  apply to the Verifai app that is offered by Verifai and apply to any legal relationship (downloading, accessing, using and any other interaction with the Verifai app including) in which Verifai acts as a potential or actual supplier of ID Verification applications.

2.2 Chapters [1, 2, 4 and 7] of the Nederland ICT (ICT ~Office) terms and conditions apply to these Terms.

2.3 In all situations, Verifai will reject any supplementary and/or deviating conditions  made known by the customer, unless parties have expressly agreed in writing. If a conflict occurs between these Terms and any other written agreement between you and Verifai, including the General Terms and Conditions, the Terms described in this Agreement shall always prevail.  

2.4 Only Verifai is entitled to make changes to the Terms. The amendments will come immediately into effect, and users will be informed by providing an in-app notice, sending the user an email to the provided email address, or by updating the Verifai app to the “Last Version”. If you continue to use the Verifai app, you automatically confirm your acceptance of the revised terms.


Article 3: privacy


3.1 Verifai cares about the privacy of their customers and all users. We understand that you would like to perform Identity Verification Services without concerns about privacy and online safety. Our Privacy Policy is applicable to all products, services, and websites hosted and offered by Verifai.


Article 4: Prices, Invoicing and Payment

 

Our Payment Terms & Conditions is applicable for all products, services, and websites hosted and offered by Verifai.

 

Article 5: Data Protection, Privacy and Security Requirements

 

5.1 The Verifai app shall process and store personal data on your device. The Verifai app allows users to share personal data using generated PDF reports. The terms shall apply for all users from the moment and onwards the user installed the Verifai app on a device.

5.2 The Customer shall comply with all ‘Applicable Law’, such as the European General Data Protection Regulation (‘GDPR’), concerning privacy and data protection.

5.3 If the Customer processes, stores, uses or retrieves personal data using the Verifai app, the Customer is obligated to meet the regulation as set by the European General Data Protection Regulation (‘GDPR’).

5.4 The Customer shall only process, store, use or retrieve personal data with the Verifai app as strictly necessary.

5.5 The Customer shall not retain any personal data for a longer period than necessary to fulfil any (legal) obligations. The Customer shall keep appropriate records for no longer than obligated by applicable laws and regulations. If the statutory retention period expires, the Customer is responsible for the  removal of all the personal data from the Verifai app and/or the device.

5.6 The Customer shall take appropriate technical and organizational security measures to assure the confidentiality, integrity and availability of the data captured and processed by the Verifai app on individual devices and the PDF reports with personal data generated with the Verifai app. The Customer is obligated to use up-to-date technologies to protect the personal data and other confidential information captured, processed and stored by the Verifai app against disclosure, loss, unauthorized access or any form of unlawful processing, and guarantees the availability and accuracy of the data.

5.7 If applicable, the Customer shall set-up appropriate technical and organizational security measures to protect the Verifai app against disclosure, loss, unauthorized access or any form of unlawful processing, and guarantees the availability and accuracy of the data. These measures shall include but are not limited to:

  1. Passwords, tokens and other user login information shall be kept confidential;
  2. Only authorized individuals have access to the Verifai app;
  3. Protect personal data and confidential information against unlawful or unauthorized access, storage, processing, destruction, and accidental loss or alteration;
  4. Ensure that IT systems are configured and designed in accordance with the ‘privacy by design’ and ‘privacy by default’ principles.
    1. Customer shall never use the Verifai app on a rooted or jailbroken device 
  5. Guarantee a secure and encrypted network connections;
     

5.8 In case of any security leaks caused by the Verifai app, the Customer shall immediately inform Verifai in writing within 48 hours of discovery by sending an email to the Respective Data Protection Officer (privacy@verifai.com).  The Customer shall further comply with all European GDPR laws and regulations concerning Data Leaks and Security Breaches.


 Article 6: Liability

6.1 The Customer shall indemnify Verifai under all circumstances for all third-party claims regarding defective or incompleteness of the Verifai app, and the loss and/or theft of all data processed and/or stored by the Verifai app,  within the meaning of the product liability provisions contained in the Dutch Civil Code.

 

Article 7: Laws and Jurisdiction


7.1 These Terms shall be construed under and governed by the laws of The Netherlands without regard to the conflicts of law provisions thereof. The parties irrevocably agree that the District court Noord-Nederland, location Groningen, the Netherlands shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection to this agreement.

7.2 These Terms  are published in Dutch and in English. In the event of differences of interpretation, the Dutch version shall prevail and shall be binding between the Parties.