Section 5: ‘greenIDScan’ Terms and Conditions

If you are procuring the document and facial biometrics verification capability, the terms in this Section (“greenIDScan Terms”) shall apply.

1. Definitions and Interpretation

1.1. The following terms shall have the following meanings:

“Agreement” means the greenID license agreement entered into between us and you, which these greenIDscan Terms form an integral part of.

“Applicable Data Protection Laws” means all applicable laws and regulations relating to the collection, holding, use, disclosure or other processing of Personal Information and privacy in any relevant jurisdiction, including, the Privacy Act 1988 of Australia, the Australian Privacy Principles (APPs), the Privacy Act 2020 of New Zealand, the New Zealand Information Privacy Principles (IPPs), and where relevant, the GDPR and the UK’s Data Protection Act 2018, and any amendment, consolidation or re-enactment of any of the above, any legislation of equivalent purpose or effect enacted in Australia, and any orders, guidelines and instructions issued under any of the above by relevant national authorities or a judicial authority in Australia.

“Client Data” means any data provided to us or our Group Companies by you for processing in accordance with the terms of the Agreement including where relevant any Personal Information together with any data created or captured by or for you via the greenIDScan (including facial biometric data).

“greenID” is an online identity verification solution that verifies the identity of individuals by comparing claimed identity information against a range of authoritative data sources.

“greenIDScan” means the integration of IDScan within greenID that provides document verification and facial biometrics verification capability.

“Mobile Application” means a software application designed to run on a mobile device (such as a mobile phone), and which is developed and/or released by you or for you.

“Web Application” means a software application that utilizes web browsers and web technology to perform tasks over the Internet, and which is developed and/or released by you or for you.

“Group Company” means our Associated Entity and “Associated Entity” has the meaning given to that term in the Corporations Act 2001 (Cth).

“IDScan” is a digital identity verification solution that enables the automated scanning, authentication, and validation of identity documents. The system utilizes artificial intelligence technologies, including machine learning, biometric analysis, and document tamper detection, to assess the authenticity of documents, extract personal data, and assist in confirming the identity of individuals.

“Our Trademarks” means our trademarks and service marks as may be identified by us to you from time to time.

“Personal Information” has the meaning given to that term in the Privacy Act or the equivalent or corresponding definition under any Applicable Data Protection Laws.

1.2. Interpretation
(a) Except as expressly provided herein, words and expressions in this greenIDScan Terms shall have the same meaning assigned to them in the Agreement.
(b) Save as may be expressly amended and varied as set out in these greenIDScan Terms, the terms and conditions of, and attachments to, the Agreement shall remain in full force and effect and apply in relation to the subject matter of these greenIDScan Terms.

2. Intellectual Property

2.1 We agree you may use Our Trademarks in connection with your use of the document and facial biometrics verification capability, subject to the restrictions contained in these greenIDScan Terms: (a) we grant to you a non-exclusive, non-transferable, royalty-free license to use Our Trademarks only on or in connection with the document and facial biometrics verification capability, provided always that such use shall be subject to any instructions, conditions, and requirements as we may prescribe from time to time in relation to such use; and (b) you agree to the following terms: (i) Your use of Our Trademarks does not give you any right, title or interest in Our Trademarks, other than the license rights granted herein; (ii) you may not assign, transfer or sublicense any trademark right granted herein without our prior written consent; (iii) you agree not to use Our Trademarks in any way that will disparage us or our products, injure our reputation otherwise diminish or damage our goodwill in Our Trademarks or infringe Our Trademarks; (iv) you acknowledge the validity of Our Trademarks and our sole of Our Trademarks, and that we retain all right, title and interest in and to Our Trademarks; (v) you recognize the value of the goodwill associated with Our Trademarks, and acknowledges that such goodwill inures exclusively to the benefit of and belongs to us; (vi) you shall take no action that will interfere with or diminish our rights in Our Trademarks; and (vii) you agree not to adopt or use a trademark, service mark, or any other designation confusingly similar to Our Trademarks.

3. Disclaimer

3.1 You agree that the functionality of the greenIDScan is dependent on the Web Application, the Mobile Application, and/or other systems (including hardware and software) used by you or provided for you by third parties (each a “Third Party System”). You agree that we are not liable for the performance or availability of the Web Application, the Mobile Application or any other Third Party System or any error, defect, or vulnerability in the Application or Third Party System.

3.2 You acknowledge and agree that the performance of any technology enabling automated face comparison, facial recognition, optical character recognition, tamper detection, document image capture, and document authentication are dependent on the device used to capture the image; the appearance of the subject being photographed, the angle of subject’s face, or any movement by the photographed subject; the quality and legibility of the document being photographed or scanned; and/or lighting, background and other environmental factors affecting luminosity, shadowing, and light contrast. You agree that we do not guarantee the performance of the aforesaid technologies by virtue of your use of the greenIDScan and any issues exhibited by the Web Application, Mobile Application, and the greenIDScan in connection in whole or in part to any of the foregoing factors do not constitute an error or defect in the greenIDScan and we are not responsible or liable for rectifying any such issues.

4. Data Protection

4.1 Both Parties represent and warrant that they will comply with Applicable Data Protection Laws when Processing Personal Data in the context of the Agreement.

4.2 You agree that services in connection with the greenIDScan may be carried out by our Group Companies, including IDscan Research Bilsim Teknolojileri Sanayi Ticaret Limited Sirketi, based in Turkey, GBG (Malaysia) Sdn Bhd, based in Malaysia, and/or GB Group Plc, based in the United Kingdom. You further agree to notify your customers of our role in processing their data (including biometric data) and potential transfer of their personal information to these countries.

4.3 You acknowledge and agree that Client Data may be transferred outside Australia to our Group Companies in the course of providing any services in relation to the greenIDScan. We shall be responsible for ensuring that such Group Company complies with relevant Privacy Requirements and the terms of the Agreement. By using the greenIDScan, you warrant and represent to us that you have obtained the necessary consents and approvals for you to provide the Client Data to us and for us to transfer the Client Data to our Group Companies including our Group Companies located outside of Australia and you hereby indemnify and defend us and our Group Companies, and hold us and our Group Companies harmless from any losses, liabilities, costs, expenses, and damages incurred or claimed against us as a result of your breach of the foregoing warranty and representation.

4.4 Where facial biometric information is collected as part of a verification record (the “Biometric Information”), the Biometric Information is processed in the IDScan product via an API call. IDScan retains the Biometric Information for a default period of thirty one (31) days unless a shorter period is requested by you. You do not have access to the Biometric Information held in IDScan. A copy of the Biometric Information is retained in greenID together with the verification record and the Biometric Information is held in greenID for the data anonymisation age nominated by you.

4.5 All verification records will be deleted within thirty (30) days of termination or expiry of the Agreement. You are responsible for maintaining your own records of identity verifications undertaken by greenID.

4.6 The greenIDScan does not, and is not intended to, operate as a record management system, both during or after the relevant term of the Agreement. You must ensure that you have sufficient record management governance and controls in place in respect of the verification records produced by greenID.