General Terms and Conditions of Business (“GTCB”) for the video-based online identification of customers of principle
1. General Terms
These terms and conditions („GTCB“) apply to the use of the Service MICK – My identity Check, a video-based online identification. The principle, who has a duty to reliably verify the identity of its customer, conducts an identification with MICK, its service for the customer’s video-based online identification, in accordance with these Terms.
These GTCBs shall apply exclusively. Any deviating or contradicting general terms and conditions of business shall only become part of this agreement in as far as they agree to the content of these GTCBs, or if expressly acknowledged by the principal. This shall equally apply in the case that the principal renders services without reservation in the knowledge of conditions of the customer that are contradicting, or deviating from these.
2. The subject of the MICK
– the determination, checking and confirmation of the identity of the customer for the principal as commissioned by the latter and/or the customer by the commissioned service provider, “youniqx Identity AG”. The latter shall be entitled, in his turn, to use sub-contractors in rendering the service of video-based online identification;
– the transmission of the obtained data and information to the principle; as,
3. Process of authentication of identity of the customer
The authentication of the identity of the customer shall be carried out by the service provider youniqx Identity AG following the request of the principal, who wishes to verify the identity of the customer or needs to verify the same on the basis of the legal provisions (e.g. in compliance with the financial market anti-money laundering legislation) before a contract between the principal and customer can be established in the first place.
The authentication of identity shall be carried out as part of the overall procedure by way of a video conference involving the customer and an identity agent of the service provider, and shall be recorded as proof, in whole or in parts, using image and sound data.
In the context of the identification process, such data is processed as described according to the relevant legislation (e.g. the financial market anti-money laundering legislation), or as otherwise expedient or required in order to determine the identity of the customer with the greatest reliability, or to verify the details provided by the customer, respectively; as well as data which is required for the process of video-based online identification of customers (especially the customer’s email address and/or mobile telephone number for the TAN transmission and establishing of contact). The data surveyed by the service provider is subsequently compared with the personal data of the customer as provided by the principal to see if there is a match.
The kind and scope of the survey together with the processing of the data on the part of the service provider shall be based at the request of the principal within the specifc legal requirements for video-based online identification. The surveyed data usually contain the customer’s full name, date of birth, nationality, document number, email, mobile telephone number, and address.
Checking the stated data is carried out using a valid official photo ID card; this is a document issued by a state authority and equipped with a portrait photograph of the customer which cannot be (ex)changed, and which contains the full name, date of birth and signature of the customer, as well as stating the issuing authority. When checking the photo ID card, both the front and back needs checking, and screenshots must be taken of the security features and customer. During the video conference, the customer shall receive a centrally generated transaction number (TAN) for the purpose of a one-off and unambiguous allocation either by email or via text message which the customer must then enter immediately during the video conference. Only after successfully entering the TAN can the authentication of identity be completed.
The identity of the customer vis-á-vis the principal through the service provider shall only be confirmed once the data required for the authentication of identity has been fully submitted and found to comply with the specifc legal preconditions.
The service provider shall notify the principal of the successful completion of the identification of the customer, and shall pass on to the principal all the screenshots made in the context of the identification process together with all other data and reports provided by the customer.
4. Availability of MICK the video-based online identification service
The principal herewith reserves the right, at any time, to terminate, change or alter the identification service in whatever way. This shall apply especially in the case that the legal framework regarding the permissibility of video-based online identification is changed.
The principal, together with his service provider, shall endevour to thebest of his ability to make the video-based online identification service available without interruption. However, the principal or service provider cannot take on any liability for the continuous availability of the identification service. In fact, the availability of the identification service can be limited for a short period of time particularly if this is required for security or integrity reasons of the server, or when carrying out technical repair or maintenance work.
Registration shall be done by filling in an eletronic form fully and as applicable on the website of the principal or on the landing page of the service provider, youniqx Identity AG, and subsequently sending off the form to this service provider by clicking the relevant button. The customer is then transferred to the site “video-based online identification service” of the service provider.
The service provider shall be entitled to contact the customer before beginning the identification process at the email address given by him if the identification process is discontinued by services provider or when discontinued by the customer, and to give information about the further steps for the identification to be carried out. The service provider, shall, in the spirit of this paragraph, include also any sub-contractors of the former.
The customer must expressly agree to these General Terms and Conditions of Business before being able to register successfully.
7. Participation performance and other obligations of the customer
The customer is obliged to appropriately contribute towards fullfilling the service of video-based online identification.
In particular, the customer is obliged to make available any data relevant for the identification truthfully and complete.
In order to make possible the video-based online idenfication service, the customer requires a terminal equipped with an internet access and a webcam (picture and sound). It is encumbent upon the customer to guarantee that his terminal shows all relevant performance characteristics in order for the identification process to be successfully carried out.
The customer is obliged to secrecy concerning all data transferred to him by the principal or by youniqx Identity AG. He shall make sure that the data is only used by him and protects it against access from third parties and in particular from the access of persons under age.
If the customer infringes one of his obligations under these GTCBs, the principal or the service provider may interrupt the identification process at any point in time.
The video-based online identification service, including the re-identification service if applicable, shall be free of charge for the customer.
However, in the course of using the aforementioned service, connection and transmission fees may accrue which are levied by the internet provider, and which must be borne by the customer.
9. Data protection
For the service MICK for determining, checking and confirming the identity of the customer for the principle, the principle is responsible within the meaning of the DSGVO.
For the possibly used re-identification service, youniqx Identity AG is responsible within the meaning of the DSGVO.
All details on the subject of data protection can be found in the separate data protection declarations of the person responsible for data processing.
In as far as this restriction is permissible, the principal, service provider and sub-contractor shall be only be liable for damage that has been caused either unlawfully with intent, or by gross negligence. However, a liability for any harm caused to persons as well as for any damage caused under the product liability legislation shall remain untouched. For indirect damages, loss of income, loss of interest, omitted savings, follow-up and pecuniary loss, damages from claims of third parties, the loss of data and programs and their restorations, system outage, production down-time, interruptions to operation, as well as typical damages which were not able to be foreseen upon signing the agreement, all liability shall herewith be excluded. Any contributory nigligence on the part of the customer shall reduce the amount of possible claims to damages; this shall apply, in particular, to the insufficient participation of the customer in rendering the video-based online identification service as well as to any organisational errors, insufficient securing of data or other infringements against any contractual obligation hereunder. In order to keep the damage to a minimum, if at all possible, the customer is obliged, without delay, to communicate any damages in the spirit of these liability regulations to the principal in writing.
11. Applicable law and legal venue
These GTCBs and all agreements connected with the same shall be subject to the legislation of the Republic of Austria with the exclusion of the law of conflicts and the United Nations Convention on Contracts for the International Sale of Goods dating 11th April,1980. The exclusive legal venue shall be Vienna.
Should one of the provisions under these GTCBs be or become ineffective or be or turn out to be inapplicable, or should there be a gap, the remaining provisions hereunder shall remain untouched. Instead, the parties hereunder are obliged, in lieu of the ineffective or inapplicable stipulation, to replace the same with one which comes as close as possible to the economic purpose of the one that has been rendered or found to be ineffective or inapplicable, and which can fill this gap.
Any alterations or supplements to these GTCBs shall require written form.