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Application Privacy Notice and Terms of Use
Privacy Notice | Terms of Service
Last Updated: June 26th 2024
The OnID.ai identification and verification services (“Services”) are provided by OnID Corporation (“OnID” or “we”) as the data controller for the purpose of demonstrating and testing OnID’s ID verification capabilities and related online services. This Privacy Notice (“Notice”) describes how we process – or in other words collect, use, transmit, store, share, and delete – personal information in connection with the use of the Services.
Separate notices describe our privacy practices in connection with our online website, located at www.onid.ai (the “Site”; see here) and our privacy practices in connection with other related applications that OnID makes available on the Site and that are embedded in third-party applications and services (see here).
1. What information is collected and why
Information you submit to OnID via the App
To demonstrate OnID’s ID verification capabilities we collect identity verification information from the documents you submit via the Services, such as images of your government-issued ID (as permitted by applicable laws), your ID number or other verification information. This information may include:
Certain products and services require facial recognition service where OnID collects an image of your face that you provide through the Services (i.e., a selfie). OnID will use the facial image provided to verify your identity as the person who appears on the identification document. If you have associated the Services with a business account, OnID may share the facial scans with the OnID customer associated with the business account.
The Services may also collect information about your business relationship with OnID if you connect your business account to the Services. OnID may use your information to link the data to current customer files and information and send you account information and information about our services.
Information collected automatically when you use our App
When you use the Services, we also automatically collect certain information which enables us to provide, improve and develop our App and products and services. This information may include:
Information collected from third parties
To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or information to help detect fraud and safety issues from third party service providers and/or partners, and combine it with information we have about you. These categories of third parties include consumer reporting agencies and fraud-prevention services.
The personal information listed above may be used by OnID to:
Sharing for business purposes. We may provide personal information to third-party service providers to help us improve our products and services and to deliver, manage, and improve the Services. We may share all the categories of information listed in this Notice with other companies including affiliates, subsidiaries, or parent companies:
Corporate transactions. In the event of a corporate sale, merger, reorganization, dissolution or similar event, any personal information, and data we process from you may become part of the assets we transfer or share in preparation for any such transaction. Any acquirer or successor of OnID may continue to process personal information consistent with this Notice.
Compliance and compelled disclosures. We may share personal information:
Aggregated information. From time to time, OnID may also share anonymized and/or aggregated information about users of the Services, such as by publishing a report on trends in the usage of the Services or products and services.
Information for California residents. Other than with your consent, OnID does not sell your personal information as the terms “sell” and “personal information” are defined by the California Consumer Privacy Act (the “CCPA”). Any questions or requests regarding OnID’s processing of your personal information in respect of your rights under the CCPA should be directed to partnersupport@onid.ai
OnID will retain your Personal Information for as long as it is necessary to achieve the purposes set out in the The Purposes for Processing Personal Data . If your use of the Services is linked to an institutional account, OnID will enable the Services appropriate data retention requirements provided by the Services applicable customer.
You can exercise any of the rights described in this section consistent with applicable law by emailing partnersupport@onid.ai . Please note that we may ask you to verify your identity and request before taking further action on your request.
Data Access and Portability. In some jurisdictions, applicable law may entitle you to request certain copies of your personal information or information about how we handle your personal information, request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format, and/or request that we transmit this information to another service provider (where technically feasible).
Data Deletion. In certain jurisdictions, you can request that your personal information be deleted. Please note that if you request the deletion of your personal information:
In accordance with applicable law, you may also have the right to: (i) request confirmation of whether OnID is processing your personal information; (ii) object to or restrict our uses of your personal information; (iii) seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed personal information; and (iv) lodge a complaint with the competent supervisory authority or regulatory agency.
We will not discriminate against you for exercising any of the above rights.
6. Information for users of the Services from outside the
United State
The personal information that OnID collects through or in connection with the Services is transferred to and processed in the United States for the purposes described above. OnID also may subcontract the processing of your data to, or otherwise share your data with, affiliates or third parties in the United States or countries other than your country of residence. The data protection laws in these countries may be different from, and less stringent than, those in your country of residence. Where OnID transfers personal information outside of the United States, OnID will implement appropriate contractual and technical safeguards.
European Union (“EU”) and European Economic Area (“EEA”)
We take measures to help protect your personal information when it is transferred from the European Economic Area (“EEA”) to third countries. We may rely on European Commission adequacy decisions about certain countries, as applicable (see here). Where applicable we rely on standard clauses approved by the European Commission (see here) in our contracts with third parties that receive information from both inside and outside the EEA or transfer on the basis of permissible statutory derogations.
The legal basis of OnID’s processing of your personal information includes:
OnID uses commercially reasonable physical, electronic, and procedural safeguards designed to protect your personal information against loss or unauthorized access, use, modification, or deletion. However, no security program is foolproof, and thus OnID cannot guarantee the absolute security of your personal information or other information.
The Services are not directed to children under the age of 16, and OnID will never knowingly collect personal or other information from anyone it knows is under the age of 16. We recommend that people over 16 but under 18 years of age ask their parents for permission before using the Services or sending any information about themselves to anyone over the Internet.
Technology and the Internet are rapidly changing. OnID therefore is likely to make changes to the Services in the future and therefore will need to revise this Notice to reflect those changes. When we revise the Notice, OnID will post the new Notice at https://onid.ai/privacy-policy/ review that page periodically. If we make a material change to the Notice, you will be provided with appropriate notice. If we maintain your email address, we also may email you a copy of the revised Notice at your most recently provided email address. It is therefore important that you update your email address if it changes.
If you have any questions or comments regarding our Notice, please send an email to partnersupport@onid.ai . If you prefer to contact us by mail, please write to OnID Inc., ATTN: OnID 185 SW 7th Street, Suite 3011, Miami, FL 33130.
These Terms of Service (“Terms”) between you (“You”) and OnID Inc. (“OnID”) govern your use of the OnID.ai identification and verification services and related software (collectively the “Services”).
Your use of the Services is subject to Your compliance with these Terms of Service.
1. BINDING EFFECT; MODIFICATION TO THESE TERMS OF SERVICE. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE, AND YOU ACKNOWLEDGE AND AGREE TO ANY POLICIES REFERENCED HEREIN (“POLICIES”), THE SERVICE PRIVACY POLICY , ARE COLLECTIVELY INCORPORATED HEREIN BY REFERENCE. YOU SHOULD READ ALL OF OUR TERMS AND POLICIES CAREFULLY. YOU ACKNOWLEDGE THAT WE MAY AMEND THESE TERMS OF SERVICE AT ANY TIME, BY POSTING A REVISED VERSION IN THE SERVICES (A “REVISED VERSION”). A REVISED VERSION WILL BE EFFECTIVE AS OF THE TIME IT IS POSTED BUT WILL NOT APPLY RETROACTIVELY. YOUR CONTINUED USE OF THE SERVICES AFTER THE POSTING OF A REVISED VERSION CONSTITUTES YOUR ACCEPTANCE OF THE REVISED VERSION.
2. AGE REQUIREMENTS FOR GENERAL USE OF THE SERVICES. Use and participation of the Services is restricted to those individuals who are at least 18 years of age and are fully able and competent to enter the terms, conditions, obligations, affirmations, representations and warranties herein.
3. LICENSE; RESTRICTIONS ON USE.
a. License to You. Subject to Your compliance with these Terms of Service, OnID grants You a worldwide, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Services solely for Your personal use. OnID reserves all rights in the Services not expressly granted in this Section.
b. License to OnID. You grant OnID a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, transmit, and display the information You transmit to the Services (including any rights specifically pertaining to biometric information) to develop, provide and improve the Services, including the right to grant equivalent rights to OnID’s service providers in order to provide the services under the Services and data OnID derives from your use of the Services, in anonymized and aggregated form, to compile statistics regarding the Services and to develop and improve the Services including through machine learning techniques.
c. Restrictions on Use. You agree that you will not:
i. attempt to interfere with or disrupt the Services or attempt to gain access to, or conduct penetration tests of, any systems or networks that connect to the Services (except as required to use the Services);
ii. decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover, in any way, any source code, programming, algorithms, design structure or interoperability interfaces of the Services, for any purpose.
iii. remove or modify any of the Services’s identification markings, including copyright, trademark and other intellectual property notices.
iv. make any modification or enhancement to the Services;
v. copy, sell, resell, OEM, lease, assign, distribute or transfer in any manner, in whole or in part, the Services or use the Services for any purpose other than Your personal use;
vi. use the Services or any OnID information to develop or distribute a competing product or service for either for Your own use or third-party use, re-use the results, or otherwise use the results provided by the Services to create a digital identity or other identification of users independent of the Services; and
vii. allow unauthorized persons to access the Services.
4. INTELLECTUAL PROPERTY OWNERSHIP. As between You and OnID, OnID owns the Services and all copies, improvements, modifications and derivative works thereof, and all Intellectual Property Rights (as defined below) relating thereto are and shall remain the exclusive property of OnID or its licensors. You agree that the Services constitutes and contains valuable proprietary information and trade secrets of OnID. “Intellectual Property Rights means all intellectual property rights protected by law throughout the world, including all copyrights, trademark rights, patent rights (including the right to apply for), patent applications (including the right to claim priority under applicable international conventions), inventions (whether or not patentable), know-how and trade secrets, as may exist now and hereafter come into existence.
5. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ONID SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD TITLE, NONINFRINGEMENT, OR SATISFACTORY QUALITY REGARDLESS OF WHETHER IMPOSED BY CONTRACT, STATUTE, COURSE OF DEALING, CUSTOM OR USAGE, OR OTHERWISE. ONID DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. Without limiting the foregoing, You assume sole responsibility and liability for results obtained from use of the Services and OnID shall have no liability for any claims, losses or damages caused by errors or omissions in any information You provide to OnID.
6. LIMITATION OF LIABILITY You acknowledge and agree that OnID will not be liable under any circumstance to You or any other party, person, or entity for any damages or losses that may result from the following: (i) termination, suspension, loss or modification of the Services; (ii) use or inability to use the Services; (iii) access delays or access interruptions to the Services; (iv) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) loss or liability resulting from errors, omissions or misstatements in any and all information or services provided; (vii) loss or liability resulting from unauthorized use or misuse of Your username or password; (viii) violation of any third party rights, including, but not limited to, rights of publicity, rights of privacy, intellectual property rights and any other proprietary rights; and (ix) any other matter relating to Your use of the Services.
IN NO EVENT SHALL ONID BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, EVEN IF SUCH PARTY WAS ADVISED, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ONID’S TOTAL AGGREGATE LIABILITY TO YOU EXCEED FIVE HUNDRED DOLLARS ($500) REGARDLESS OF THE FORM OR THEORY OF THE CLAIM.
7. ARBITRATIONS OF DISPUTES. “Disputes” are defined as any claim, controversy, or dispute between you and OnID, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these Terms of Service.
You and OnID agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST ONID. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the Serviceslicable arbitration rules for that forum. The Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the Service’s Terms of Service (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Any arbitration hearing will occur in Miami, Florida or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim.
8. MISCELLANEOUS
8.1 NOTICE. All written notices required under this Agreement shall be sent by registered or certified mail (return receipt requested), personal delivery, or overnight commercial carrier to OnID at the address set forth below. The notice will be effective as of the date of delivery.
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OnID Inc. |
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185 SW 7th Street Unit 3011 |
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Miami, Florida 33130 Attn: General Counsel |
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With a copy to: partnersupport@onid.ai |
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Alternatively, OnID may also communicate with You by email sent to the most recent email address provided to OnID by You or by direct mail to Your last known mailing address. All notices shall be effective upon transmission by us. However, in no event shall we be liable to You for choosing to send notice in one manner or format over another.
8.2 EXPORT CONTROL. You agree that your use of the Services is subject to your compliance with all export control laws including, without limitation, the United States Export Control Act, any regulation thereunder, and any similar United States law or regulation.
8.3 THIRD PARTY BENEFICIARIES. There are no third-party beneficiaries to this Agreement.
8.4 SEVERABILITY. If any provision of these terms of Service is determined by a court of competent jurisdiction to be invalid or unenforceable, it will be severable from the remainder of these Terms of Service, will not cause the invalidity or unenforceability of the remainder of these Terms of Service, and will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law.
8.5 WAIVER. Neither party waives any rights by delaying or failing to exercise such rights at any time.
8.6. GOVERNING LAW. Subject to and without waiver of the arbitration provision above, you agree that these Terms of Service shall be construed according to and governed by the laws of the State of Florida, U.S.A., without giving effect to its rules regarding conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. The Parties agree to exclusive jurisdiction of the state or federal courts located in Miami-Dade County, Florida, U.S.A.
8.7. ENTIRE AGREEMENT. These Terms of Service together with our Privacy Policy, including all hyperlinked documents, sets forth the entire understanding and agreement between the OnID and you with respect to your use of the Services, and supersedes and replaces any previous communications, understandings, and agreements.
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+506 8346 7171
info@onid.cr
+1 (305) 298-6600
info@onid.us