IdentifyME Privacy Policy/Terms & Conditions

IdentifyME Privacy Policy

This Policy applies as between you, the User of this Application and Gulf Data International LLC, the owner and provider of this Application (IdentifyME). This Policy applies to our use of any and all Data collected by us in relation to your use of the Application and any Services therein.

If you choose to use our Application and Services, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Application and our Services. We will not use or share your information with anyone except as described in this Privacy Policy.

The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which are accessible at IdentifyME unless otherwise defined in this Privacy Policy.

  1. Definitions and Interpretation

In this Policy, the following terms shall have the following meanings:

Account – means collectively the personal information, Payment Information and credentials that may be used by Users to access Material and/or any communications System on the Application;

Application – means the Application that you are currently using IdentifyME.

Content – means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a Device that appears on or forms part of this Application;

Data – means collectively all information that you submit and provide to the Application. This includes, but is not limited to, Account details and information submitted using any of our Services;

GDI  – means Gulf Data International LLC, PO Box 7539, Abu Dhabi, UAE;

Service – means collectively any online facilities, tools, services, or information that GDI makes available through the Application either now or in the future;

System – means any online communications infrastructure that GDI makes available through the Application either now or in the future. This includes, but is not limited to, web-based email, message boards and email links; and

User/Users – means any third party that accesses the Application and is not employed by Gulf Data International LLC and acting in the course of their employment.

  1. Your Information

The type of information we collect from you is either personal to you, or is general in nature:

  1. Personal Information: When you browse IdentifyMe, create an account within the Agreement/website, update your information, or send communications to us, you provide us with information that we store and process. Such information may include your name, address, phone number, email address, your Emirates ID, biometric data and other such ‘Personal Information’.
  2. General Information: We also receive more general information from you as a result of your visits to, and use of, IdentifyMe. This general information does not identify you personally, and can include information such as your IP address, the date and time you access IdentifyMe, length of time you spend on the IdentifyMe, your browsing history (recorded by the text and graphics files that compose that page), the Internet address of the website from which you linked directly to the IdentifyMe, and other such ‘General Information’.
  1. Data Automatically Collected

Without limitation, any of the following Data may be automatically collected:

  • IP address (automatically collected);
  • device make, model, type, and version (automatically collected);
  • operating system (automatically collected); and
  • Cookie information (see clause ‎9 below).
  1. Our Use of Data

Any personal Data you submit will be retained by GDI for as long as you use the Services and the Application. Data that you may submit through any communications System that we may provide may be retained for a longer period of up to six months.

Unless we are obliged or permitted by law to do so, and subject to Clause ‎5, your Data will not be disclosed to third parties.

All personal Data is stored securely in accordance with the principles of appropriate local regulations. For more details on security, see clause ‎8 below.

Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Application. Specifically, Data may be used by us for the following reasons:

  • internal record keeping;
  • improvement of our products/services;
  • transmission by email of promotional materials that may be of interest to you;
  • contact for market research purposes which may be done using email, telephone, fax, or mail. Such information may be used to customise or update the Application.
  1. Third Party Applications and Services

GDI may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising, and marketing. The providers of such services may have access to certain personal Data provided by Users of this Application. Any Data used by such parties is used only to the extent required by them to perform the services that GDI requests. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties must be processed within the terms of this Policy and in accordance with appropriate local regulations.

  1. Changes of Business Ownership and Control

GDI may, from time to time, expand or reduce its business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties. Data provided by Users will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was supplied by you.

In the event that any Data submitted by Users will be transferred in such a manner, you will not be contacted in advance and informed of the changes. When contacted you will not be given the choice to have your Data deleted or withheld from the new owner or controller.

  1. Your Right to Withhold Information

You may access certain areas of the Application without providing any Data at all. However, to use all Services and available on the Application you may be required to submit Account information or other Data.

  1. Security

Data security is of great importance to GDI and to protect your Data we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure Data collected online.

  1. Cookies

We use cookies to distinguish you from other users of IdentifyME or the Services. This helps us to provide you with a good experience when you use IdentifyME or the Services.

  1. Contact Us

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at gulfdata@gdi.ae.

  1. Changes to this Policy

GDI reserves the right to change this Privacy Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately updated within the Application and posted on our website, and you are deemed to have accepted the terms of the Policy on your first use of the Application following the alterations.

  1. Law and Jurisdiction

These terms and conditions and the relationship between you and GDI shall be governed by and construed in accordance with UAE Law and you agree to submit to the exclusive jurisdiction of the Courts of the UAE.

Terms and Conditions

This agreement (the Agreement) applies as between you, the User of this Application and GDI, the owners of this Application. By downloading or using the Application, these Terms and Conditions will automatically apply to you – you should make sure therefore that you read them carefully before using the Application. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Application. If you do not agree to be bound by these terms and conditions, you should stop using the Application immediately.

GDI is committed to ensuring that the Application is as useful and efficient as possible. For that reason, we reserve the right to make changes to the Application or to charge for its services, at any time and for any reason.

  1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

1:N: A feature of the Application that attempts to Match new User Enrolment FaceMaps with on-file FaceMaps from previous Users to detect duplicate enrolments.

Account: Collectively the personal information, Payment Information and credentials that may be used by Users to access Material and/or any communications System on the Application.

Application: The Application that you are currently using IdentifyME, see further below.

Content: Any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Application.

Active User: When a person’s 3D FaceMap is processed and a Liveness Check performed by the ISS, that person is considered to be an Active User for the remainder of the calendar month in which the Liveness Check was performed.

Age Estimation: The ISS will return an age estimate of the User.

Audit Trail Image: A 2D image of the User’s face in the unzoomed position provided by the ISS to allow the Customer to visually verify the User’s identity with a human evaluator in the event of fraud or legal action. Customer may store and utilize audit trail images for internal analog use, but may not use the images or image data with any non-GDI matching algorithm, in the development of human liveness detection technology or provide images or image data to any third party for use of any kind.

Biometric Data:  Any Personally Identifiable physical trait or appearance information provided by an End-User and processed by the ISS.

Confidential Information:  The inventions, data, trade secrets, software, algorithms, documentation, know-how, technology, ideas, and all other non-public business, customer, technical, and financial information owned by GDI, which is designated as confidential.

End User: A person that has performed a successful IdentifyME Liveness Check Session and may have their 3D FaceMap stored by the Application or uses any other part of this Application.

Face Matching or Face Verification: A newly captured FaceMap of the User is compared to a stored FaceMap.

FaceMap:  A 3D representation of the User’s face collected by the ISS that contains User biometric data and User liveness data. After every session the liveness data is deleted.

GDI: means Gulf Data International LLC, PO Box 7539, Abu Dhabi, UAE.

GDI Materials: Any materials or Content provided by GDI for use in connection with the Application, all of which shall remain exclusively owned by GDI.

IdentifyME Software Services (ISS): The GDI Device SDK and Server SDK software, including Liveness Verification and Face Matching services provided.

GDI Website:  GDI’s website can be reached via gdi-me.com.

Liveness Check or Liveness Check Session: The User’s face is analysed by GDI and its affiliate’s Artificial Intelligence technology and a live human or spoof determination is made, each Liveness Check Session includes a Face Matching comparison of two (2) FaceMaps, a Photo ID Document, a 1:N Duplicate Check and an Age Estimation.

Onboarding Session: Every time a User has a Liveness Check performed by the ISS, a 3D FaceMap is collected. During Onboarding, that 3D FaceMap may be matched to a 2D Photo ID for identity proofing.

Restricted Party:  A Restricted Party is any person, organization or entity, or any officer, director, or controlling shareholder of an organization or entity, who or which (1) is a national of or an entity existing under the laws of an embargoed country as prescribed by the U.S. Treasury Department; (2) is listed on the Denied Persons List or Entity List maintained by the U.S. Commerce Department; or (3) is owned, controlled, or acting on behalf of a Restricted Party.

Rights:  Any and all rights of copyright, patent rights, trademark rights, trade secret rights, trade dress rights and any and all other proprietary rights of any kind whatsoever, together with associated registration rights and rights to sue for and collect damages for any infringement or violation of any of the foregoing.

Service: means collectively any online facilities, tools, services, or information that GDI makes available through the Application either now or in the future.

Session: Means each User-initiated interaction that continues until a FaceMap is created, transmitted, processed by the ISS. Whenever a Liveness Check decision result is returned by the ISS it is counted as one (1) Session.  For the avoidance of doubt, if the User fails to capture his face and no FaceMap is created, transmitted, processed, and a decision rendered by the ISS during their first and second face presentation attempts, and the User tries for a third time and passes, that is counted as one (1) Session.

System: means any online communications infrastructure that GDI makes available through the Application either now or in the future.

Trademarks:  The trademarks, service marks, trade dress, trade names, and logos used by GDI, as applicable, in connection with GDI’s provision of the ISS.

Unlimited Authentications: When a 3D FaceMap is sent to the server, a Liveness Check Is performed by the ISS and then the 3D FaceMap can be matched to a User’s previously stored 3D FaceMap by the ISS. When a Liveness Check and matching attempt is performed by the ISS, the User is considered Active for the remainder of that calendar month.

Usage Logs:  A text file that contains anonymized usage metrics that is created by the ISS and provided to GDI via an https connection or an AWS S3 bucket.

User/Users: means any third party that accesses the Application and is not employed by GDI and acting in the course of their employment.

  1. Intellectual Property

Subject to the exceptions in Clause ‎3 of these Terms and Conditions, all Content included on the Application, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of GDI, our affiliates or other relevant third parties. By continuing to use the Application you acknowledge that such material is protected by applicable UK, UAE, and International intellectual property and other laws.

You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Application unless otherwise indicated on the Application or unless given express written permission to do so by GDI.

  1. Third Party Intellectual Property

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Application or unless given express written permission to do so by the relevant manufacturer or supplier.

  1. Links to Other Applications

This Application may contain links to other applications and/or websites. Unless expressly stated, these applications and/or websites are not under the control of GDI or that of our affiliates. We assume no responsibility for the content of such applications and/or websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to other applications and/or websites on this Application does not imply any endorsement of the applications and/or websites themselves or of those in control of them.

  1. Links to this Application

Those wishing to place a link to this Application within any other application and/or website may do so only after obtaining prior written permission from GDI. To find out more please contact us by email at gulfdata@gdi.ae or slow mail addressed to PO Box 7539, Abu Dhabi, UAE.

  1. Reseller; Export Control Laws

The User agrees and acknowledges that GDI is not reselling or exporting software or products in connection with the Services provided by GDI to User pursuant to these Terms and Conditions. GDI is not a seller of any products to the Users or other end users pursuant to these Terms and Conditions. The User represents and covenants that they shall comply with all relevant export control laws and regulations of all countries in which GDI conducts business, including, without limitation, the Export Administration Regulations (“EAR”), the International Traffic in Arms Regulations (“ITAR”), Foreign Assets Control Regulations, Foreign Trade Regulations and U.S. Customs Regulations, as applicable (collectively, “Export Control Laws”). GDI’s policy is to not provide information, documentation or to participate in any way with a foreign boycott-related request that would violate US anti-boycott laws, rules and/or regulations. The User agrees and acknowledges that GDI shall have the right to immediately terminate use of the Application without penalty if it determines that GDI is unable to provide Services of the Application to the User under applicable Export Control Laws or GDI’s territorial restrictions for permitted commerce, including without limitation restricted parties lists (“Restricted Parties Lists”) such as but not limited to the Denied Persons Lists, and Specially Designated Nationals Lists, Unverified Lists, Entity Lists, Debarred Parties Lists, and Non-proliferation Sanctions Lists.  The User further represents and covenants that they shall not utilize the Services provided by GDI or any GDI software or systems, directly or indirectly, either (a) for the sale, resale or distribution of products or materials which are intended for a prohibited end-use, (b) to engage in any transaction with an individual or entity located in an embargoed or sanctioned country in violation of applicable Export Control Laws, (c) to engage in any transaction with an individual or entity who has been designated on one or more Restricted Parties Lists, or (d) in any other manner which would constitute a violation of applicable Export Control Laws. Customer’s obligations under this paragraph shall be considered material obligations.

  1. Restrictions on Use; GDI Software Services Terms & Conditions

Without GDI’s express prior written consent, Users shall not, including any third party: (1) rent, lease, assign, or otherwise transfer any of its rights under these Terms and Conditions; (2) copy, translate, modify, make derivative works of, disassemble, decompile, or otherwise reverse engineer, or otherwise attempt to learn, derive or discover the source code, source files, structure, underlying User interface techniques, underlying ideas or underlying algorithms of, the ISS by any means; (3) provide third parties with access to its accounts; (4) attempt to circumvent any license, timing or use restrictions that are built into the ISS; and/or (5) use the ISS in violation of these Terms and Conditions. The User shall immediately notify GDI of any violation of the foregoing.

  1. Indemnification by User

The User their successors and assigns shall indemnify, defend, and hold harmless GDI and its Affiliates, and their officers, directors, agents and employees, and successors and assigns from and against and in respect of any and all demands, judgments, losses, costs, expenses, obligations, liabilities, damages, fines, recoveries and deficiencies, including without limitation interest, penalties, reasonable attorneys’ fees and costs (collectively, “Losses”) in connection with a third party claim, action, suit or proceeding (each, a “Claim”) that any such indemnified party may incur or suffer, which arise, result from, or relate to (a) User’s breach of any term or condition of these Terms and Conditions; or (b) the use of the ISS by the User, (c) or the violation of any applicable laws, by the User; or (d) any Content or other materials provided by the User through or in connection with the ISS.

  1. Disclaimers

GDI makes no warranty or representation that the Application will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

No part of this Application is intended to constitute advice and the Content of this Application should not be relied upon when making any decisions or taking any action of any kind.

No part of this Application is intended to constitute a contractual offer capable of acceptance. No goods and/or services are sold through this Application and product and/or service details are provided for information purposes only.

Whilst every effort has been made to ensure that all graphical representations of products and/or descriptions of services available from GDI correspond to the actual products and/or services, GDI is not responsible for any variations from these descriptions.

GDI does not represent or warrant that such products and/or services will be available from us or our Premises. For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any products and/or services. Any such enquiry does not give rise to any express or implied warranty that the products and/or services forming the subject matter of your enquiry will be available upon your arrival at our Premises.

The ISS are provided to Users “as is,” with all faults, and without warranty of any kind, and GDI and its subcontractors disclaim any and all express or implied warranties with regards to the ISS, including without limitation merchantability, fitness for a particular purpose, non infringement and title.  Without limiting the foregoing, GDI does not warrant that the ISS will meet Users’ needs requirements, that the operation of the ISS will be uninterrupted or error-free, or that all defects in the GDI services will be corrected.  GDI does not warrant or make any representation regarding the use of, or the results of the use of, the ISS or documentation (including without limitation information obtained through the GDI services) in terms of their correctness, accuracy, quality, reliability, or otherwise. The User warrants that they have not relied on any information or representation provided by or on behalf of GDI which is not expressly included in these Terms and Conditions.  Use of any information obtained via the ISS is entirely at the sole risk of the User. GDI agrees the ISS will provide 3D FaceMap matching self-certified at 1/4,200,000 far and third-party liveness detection equivalent to level 2 certification by IBETA/NIST.

  1. Availability of the Application

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.

GDI accepts no liability for any disruption or non-availability of the Application resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

At some point, we may wish to update the Application. The Application is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the Application to) may change, and you will need to download the updates if you want to keep using the Application. GDI does not promise that it will always update the Application so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing the Application, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the Application, and (if needed) delete it from your device.

  1. Limitation of Liability

To the maximum extent permitted by law, GDI accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages arising from the use of the Application, or any information contained therein. Users should be aware that they use the Application and its Content at their own risk.

Nothing in these terms and conditions excludes or restricts GDI’s liability for death or personal injury resulting from any negligence or fraud on the part of GDI.

Whilst every effort has been made to ensure that these terms and conditions adhere strictly to any relevant local regulations, in the event that any of these terms are found to be unlawful, invalid, or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

  1. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  1. Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at gulfdata@gdi.ae.

  1. Changes to these Terms and Conditions

GDI reserves the right to change these Terms and Conditions as we may deem necessary from time to time or as may be required by law. Any changes will be immediately updated within the Application and posted on our website, and you are deemed to have accepted the revised terms of the Terms and Conditions on your first use of the Application following the alterations.

  1. Law and Jurisdiction

These terms and conditions and the relationship between you and GDI shall be governed by and construed in accordance with UAE Law and you agree to submit to the exclusive jurisdiction of the Courts of the UAE.