PASSIVE LIVENESS | ID NUMBER 201212

• GBG incorporates the Supplier Technology into its own Services and/or Software
• No personal data is transferred to the Supplier

The Supplier Technology used to provide this Dataset is supplied by GBG’s Supplier. GBG is obliged under the terms of its agreement with the Supplier to ensure that all End Users agree to comply with the following licensing provisions:

1. DEFINITIONS
1.1. In these Additional Terms, the following definitions shall apply, in addition to the definitions set out in the General Terms and Product Terms:
“End User Data” means any data provided to GBG by the End User for processing in accordance with the terms of the Agreement including where relevant any personal data
“Supplier Technology” means the IDLive Face Software for Facial Liveness as provided by the Supplier.
“Permitted Purpose” means the purposes, restrictions and or conditions for the use of the Dataset outlined by the Supplier as set out in clauses 2.3-2.5 below, in addition to the Customer Use Case set out in the Agreement and at clause 2.1.

2. USE OF THIS DATASET
2.1. This Dataset may only be used for the Customer Use Cases detailed below, provided that such Customer Use Case is selected on the End User's Order Form and the End User complies with any use case restrictions set out in the Agreement:
• ID Verification – Fraud
• ID Verification – Regulatory
2.2. In addition to the Customer Use Case restrictions contained within clause 2.1 (including any conditions that apply to that Customer Use Case) the following terms set out in clauses 2.3 – 2.5 also apply.
2.3 This Dataset is only available to End Users utilising the most current version of the SDK offered as part of the Service and as a minimum should be using the following versions Web SDK v9.0.0, MJCS iOS 10.3.x or MJCS Android 10.3.x as applicable.
2.4 The End User must not make the Supplier Technology available to any third party, or copy, distribute, disassemble, decompile, reverse translate or in any other manner decode the Supplier Technology, except as permitted by law nor modify, further develop or create any derivative product from the Supplier Technology, without the prior written consent of GBG and the Supplier.
2.5 The End User acknowledges that the Supplier Technology is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications, or in the design, construction, operation or maintenance of any nuclear facility, or in the operation or maintenance of any direct life support system. The Supplier disclaims any express or implied warranty of fitness for such uses. The End User agrees that it will not use, market, or expressly authorize the use of the Supplier Technology for such purposes.
2.6 The End User warrant that it will not this Dataset for any reason outside of the Permitted Purpose and Customer Use Case.

3. EXCLUSION OF WARRANTIES
3.1 The Supplier makes no representations or warranties of any kind; express or implied, including, and not limited to: the warranty of merchantability, the warranty of fitness for a particular purpose, or the warranty for specific performance metrics. The Supplier does not warrant that any software, product or other intellectual property provided or used hereunder is error free or will operate without interruption. Consequently, GBG cannot warrant that the Supplier Technology will be error-free or that an End User will have uninterrupted access to the Supplier Technology.
3.2 The Supplier shall have no obligation for any claim arising from any combination by End User of the Supplier Technology with a software or hardware product, program, or data not created by, licensed to, nor distributed by the Supplier, where such infringement would not have occurred but for such combination.

4. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
4.1 GBG provides this Dataset in its capacity as an independent controller.
4.2 GBG incorporates the Supplier Technology into its own Services and/or Software and does not transfer End User Data to the Supplier to provide this Dataset.
4.3 This service will perform face match and liveness tests, which involve processing of biometric data for identity document authentication purposes. This is a special category of personal data under Applicable Data Protection Law, which require explicit/written consent to be given by the data subject as a condition for processing such data. The End User acknowledges that GBG has no interaction with the data subject, and as a consequence it will be the responsibility of the End User to obtain the data subject’s explicit/written consent on GBG’s behalf, and inform the data subject that GBG is acting as a separate and independent controller, GBG’s role in the processing, and provide a link to GBG’s privacy notice, https://www.gbgplc.com/en/legal-and-regulatory/products-services-privacy-policy, prior to the collection and processing.
4.4 The End User warrants that it will obtain the data subject’s explicit consent in compliance with Applicable Data Protection Law. The End User further warrants that it shall retain records of such data subject’s explicit consent for a period of 12 months if requested either by GBG or the data subject.”