DIGITAL ID – FRANCE - l’Identité Numérique - ID NUMBER 202258, 202259, 202260
The Supplier Data used to provide this Dataset is provided by GBG’s Supplier, Trinsic Technologies, Inc. GBG is obliged under the terms of its agreement with its 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 Agreement:
“End User Data” means any data, including where relevant any personal data, relating to an End User that is (a) provided by the Data Subject to End User, or (b) collected, accessed, or otherwise obtained by GBG on behalf of an End User and processed solely in accordance with the terms of the Agreement.
2 USE OF THE DATASET
2.1. End User shall not:
(a) reproduce, display, download, modify, create derivative works of or redistribute the Services;
(b) attempt to reverse engineer, decompile, disassemble or access the source code for the Services or any component thereof;
(c) execute unauthorized automated tests or load balancing against the Supplier Data, Dataset or Services;
(d) introduce to the Services any unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code, or any data that infringes, misappropriates, or otherwise violates the intellectual property rights or other rights of any third party;
(e) use the Supplier Data or any component thereof, in the operation of a service bureau to support or process any content, data, or information of any party other than End User;
(f) sell, transfer, sublicense, assign, or otherwise permit any party, other than the then-currently Authorised Users, to access the Supplier Data and/or Services;
(g) access or use the Supplier Data and/or Services to deliberately create a competing product or service; or
(h) use the Supplier Data and/or Services for any purpose that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind, or is otherwise objectionable.
2.2 End User shall ensure:
(a) the Data Subject is be a natural person of legal age;
(b) the Data Subject resides in mainland France, Guadeloupe, French Guiana, Réunion, Martinique, Saint Barthélemy, Saint Martin, Saint-Pierre-et-Miquelon, or Mayotte; and
(c) the Data Subject holds a valid French national identity card, a French passport, or a French residence permit with a validity period of five (5) years or more.
2.2. End User acknowledges and agrees that GBG may immediately suspend End User’s access and use of the Supplier Data if GBG has reasonable evidence that cause it, in good faith, to believe the End User has violated clause 2.1 above. GBG will cooperate and work with the End User to restore access in a timely manner once any suspected breach has been cured, unless such breach gives rise for GBG to terminate pursuant to the terms of the Agreement.
2.3 End User acknowledges that the Dataset is recognized by the French National Agency for Information Systems Security (ANSSI) at the "substantial" assurance level as defined in Regulation (EU) No. 910/2014 (the "eIDAS Regulation"), pursuant to ANSSI Decision No. 168 dated January 20, 2020. End User will not represent the Dataset as providing an assurance level other than "substantial," and will not use the Dataset for any purpose that requires an assurance level exceeding "substantial" under the eIDAS Regulation.
2.4 End User will implement the Dataset strictly in accordance with the L'Identité Numérique La Poste integration kit and guidelines. End User acknowledges that failure to comply with these guidelines may result in suspension of access to the Dataset until compliance is achieved.
- INFORMATION REQUESTS
3.1. GBG and/or the Supplier may receive requests, or be contractually required by government entities, regulatory authorities, or the ID Provider, to provide or obtain information about End User and/or Data Subjects as a condition of the use of the Services. The End User authorizes GBG and its Supplier to provide End User Data to such authorities (or their designated representatives) in response to such requests and, if the requested information is not already in GBG’s or its Supplier’s possession, End User will promptly provide all necessary information to GBG for this purpose.
- USE OF ID PROVIDER MARKS
4.1. End User is granted a limited, non-exclusive, royalty-free license to use the marks of La Poste (“ID Provider”), subject to any communicated limitations, conditions, usage guidelines, or approval procedures, for the purpose of: (i) indicating to actual and prospective customers that End User is authorized to make available the Supplier Data, (ii) identifying the ID Provider as an offered verification method within End User’s services. End User acknowledges that the right to use the ID Provider’s mark is not guaranteed and that any licence to use an ID Provider mark granted hereunder may be revoked at any time at the sole discretion of GBG, the Supplier or ID Provider. End User agrees not to alter, obscure, or misuse ID Provider marks or use them in a way that could cause confusion, diminish their distinctiveness, or imply that End User is an exclusive provider or partner of the ID Provider.
- SERVICE LEVELS
5.1. The End User acknowledges and accepts that any downtime or performance degradation caused by the ID Provider is beyond GBG's reasonable control and shall be considered an exception to the availability of the Services.
- DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
6.1 End User shall inform the Data Subject that their data shall be transferred to the Supplier in the United States as part of this Service.
6.2 End User acknowledges that, as part of providing the Dataset, the ID Provider collects and processes End User personal data in accordance with the ID Provider Group's data protection policy, accessible at www.laposte.fr/particulier/politique-de-protection-des-donnees. End User will ensure that a link to this policy, or to ID Provider’s Data Processing and Freedoms Charter, is visible to Data Subjects, including at the bottom of each page in End User's interface through which Data Subject’s access the Dataset, consistent with ID Provider's requirements.
6.3 End User will comply with all applicable French and European laws and regulations governing use of the Dataset, including without limitation the eIDAS Regulation (EU) No. 910/2014, Regulation (EU) 2016/679 (GDPR), and French Law No. 78-17 of January 6, 1978, as amended.