Terms and Conditions of WebID Solutions GmbH

1. General and Scope

1.1 WebID Solutions GmbH (hereinafter called "WebID") provides to users of the WebID service offer services for the identification, documentation and age verification (hereinafter collectively "identification services") in accordance with these Terms and Conditions (hereinafter called "Terms").

1.2 These terms and conditions apply to the identification services provided by WebID to the users of the WebID services offer.

1.3 The terms and conditions apply exclusively. Potentially conflicting or differing Terms from these stated General Terms and Conditions of any given user will only become part of the contract, where identical in content with these Terms or explicidly approved by WebID in writing. This also applies in case WebID provides services without reservation in the knowledge of contradicting Terms of the user.

2. Identification Services

2.1 Subject of the identification services of WebID are

- the authentication, verification and confirmation of identity, a documented statement or age of the user towards partners (as defined below) on behalf of the partner and the user (2.2),

- the transmission of the data and information obtained as part of the identification process including, where requested by the partner, the pictures taken as part of the identification process and any other documents to the partner (2.2 f) and

- storage of a user profile for the purpose of future identification or age verification (2.3)

always in accordance with these Terms and Conditions as well as the separate Data Protection Policy.

2.2 Verification and confirmation of the identity or age

a. the verification and authentication of the identity or age presupposes the requirement of a contractual partner of WebID (hereinafter called "Partner"), who requires the verification of the identity or age of the user or in order to comply with legal regulations (eg Money Laundering Act, the Digital Signature Act, youth media protection treaty, German email law) to enter into a business relationship with the user or to provide certain services to the user.

b. the identification, documentation or age verification of the user through WebID forms part of the overall process of a personal interview via videoconference between the user and a WebID agent which is being recorded as an audio file for compliance with record keeping legislation.

c. during the overall identification process WebID collects such personal data and information of the user as appropriate and in accordance with the respective laws and as required for the purpose of identification and age verification of the user and also conducts a cross-check of personal data and information transmitted by the respective partner.

d. the nature and scope of the collection and processing of personal data and information by WebID depends on the intended or existing contractual relationship between the user and the partner, as well as the legal requirements that stipulate a proof of age or identity. Following the verification of the name, place of birth, date of birth, nationality and address of the user, other data may be checked that are either required for entering into or executing a contractual relationship between the user and the partner or required by law. Depending on the respective legal requirements regulating the identity and age verification, a check of additional entries stated in a valid, official ID document (eg passport) may also be required. For this verification, additional data will be requested, which are stated on the respective official ID document and a visual inspection of the official ID document will be conducted by WebID. In this context it may also be necessary to take a photograph/screen shot of the official ID document used as well as of the user. In this case, a photograph of the user as well as of the front and the back of the official identity document will be taken in form of screenshots.

use of the WebID services requires prior agreement to the separate Data Privacy Statement by the user. The Data Privacy Statement also explicitly stipulates the user’s right to revoke, at any time, the approval to the data collection in parts or as a whole. In the case of total or partial revocation of approval, it is however possible that the user may not use or not fully use the WebID service.

e. the identity and age of the respective user will only be confirmed to the partner by WebID, if the personal data and information transmitted by the partner or collected by WebID is suitable to confirm the identity or age of the user and if all other information required by law or as set out by the individual partner has been provided in full i.e. copies and documents that are necessary to carry out the identity or age.

f. the user is being informed about the identity or age verification. WebID sends respective emails to do so. Moreover, during videoconferencing and other stages of the verification process, WebID sends a centrally generated transaction number (TAN), uniquely generated especially for this particular purpose, by e-mail or SMS to the e-mail address or phone number specified by the user that allows the user conducting an identity and / or age verification to successfully complete the process as required by the partner. The user must enter this TAN directly as part of the online process and revert it to WebID in electronic format. In addition, WebID notifies the partner upon whom’s request of the identity or age verification of the user was conducted of the successful completion of the identification process and transmits to the partner, upon request, the personal data and information used to successfully verify identity or age of the user and all photographs and other records and documents provided by the user as part of the identification process.

g. WebID's contractual obligation is the identity verification process as well as the verification and confirmation of the identity or age of the user with respect to a current partner or to future partners.

2.3 Storage of a user profile

a. with prior express consent of the user, WebID creates a user profile following successful completion of the identity or age verification process, based on the information collected and personal data provided and saves this profile for the purpose of enabling the users to carry out future identity or age checks with other partners. This service too is entirely subject to the prior express consent by the user.

b. with creation of the user profile WebID generates and forwards to the user a unique transaction number or stored personal data for unique users association. The user may use this transaction number or user mapping for future WebID identity or age checks with future partners, unless additional information is required in an individual case for the purpose of identity or proof of age by this particular partner.

c. the user has the right to request the immediate deletion of his WebID user profile without any notice. WebID may also block or delete the user profile without any notice in case the user violated the law regulating the identity or age verification or the provisions set out in these terms and conditions, in particular the user’s legal obligation to cooperate. In such cases and subject to statutory or contractual retention periods, WebID will delete or destroy the respective user profile and personal data and information stored, including photographs and documents obtained, and immediately block the transaction number of the user. Restoring the user profile after deletion is not possible.

2.4 With user approval as stated under 2.1, WebID will also confirm the successful identification process towards other existing or future partners, and the partner requesting the identification or age verification within the meaning of paragraph 2.2 a. In this case, the provisions of Section 2.2 d. to g. apply respectively. In case existing information for the identification is not sufficient, the required additional information will be requested.

3. Access and Availability

3.1 Prerequisite for the provision of the identification services by WebID to the user is videoconferencing software compatible with the WebID system, a webcam (video and audio) and an Internet.

3.2 Execution of the identification service also requires prior registration or login of the user to WebID service according to the procedure described in paragraph 4.

3.3 WebID is entitled to terminate or change or modify the WebID service at any time in any manner chosen. This holds especially true for the situation where legal or regulatory requirements for the provision of or in connection with the identification services change.

3.4 WebID strives to provide the WebID identification service without interruption. However, no liability for continuous availability of the WebID Services can be taken. WebID may temporarily restrict the availability of the service whenever this is necessary with regard to capacity limits, or for the security or integrity of the servers or for conducting technical maintenance or repair work and where this is required to safeguard proper or improved provision of services (maintenance). In such cases WebID will consider the legitimate interests of users, for example, by advance information. WebID’s liability for self-inflicted causes as stipulated under paragraph 10 remains unaffected.

4. Registration / Login

4.1 Each users may only register once.

4.2 For registration, the user fills in completely and correctly the electronic data entry form provided by WebID or the partners, and sends it to WebID by clicking the appropriate button. The user approves to the use of the WebID services by clicking on a corresponding button and receives the form together with the opportunity to review the information and to correct any entry mistakes. In case the identification process does not proceed immediately after registration by the user or by WebID, WebID is entitled to contact the user via the email address provided at registration in order to inform the user of the necessary further steps of the identification process.

4.3 Registration is only possible if the user explicitly confirms the Terms and Conditions as well as the separate Data Privacy Statement prior to sending of the information.

5. Binding Agreement

5.1 By sending the registration form, the user enters into a binding contractual agreement for the processing, storage and disclosure of his data, the provision of the identification services and the confirmation of his identity to partners in accordance with these Terms and Conditions and the separate Data Privacy statement through WebID. WebID confirms the receipt of user registration without delay through electronic confirmation by e-mail to the user`s email address as provided as part of the process. This confirmation does not constitute an acceptance by WebID of the user´s offer to use the identification services. A legal agreement is only concluded by the submission of a separate declaration of acceptance by WebID sent with a separate e-mail (registration confirmation) or through the actual provision of data processing and identification services. WebID declares the acceptance as a minimum within three (3) days after dispatch of the registry. WebID reserves the right to reject registrations without giving a reason.

5.2 WebID does not store contractual agreement texts or permanently keep on behalf of the user for retrieval.

6. Participation and other obligations of the user

6.1 The user is obliged to participate appropriately in the provision of identification services.

6.2 In particular, the user provides WebID with all personal data, information, records and documents required for conducting the identification service or verification of age in full and truthworthy fasion.

6.3 Videoconferencing software is required for part the WebID identification service process. Depending on the equipment employed by the user, it may be necessary for the user to download the appropriate software from the Internet for installation on the respective device. The possibility to use WebID´s identification services also depends on the technical specifiations of the application chosen by the user. It is the responsibility of the user to ensure the performance and compatibility of the equipment chosen to conduct the online identification service.

6.4 The user is obliged to keep secret the data provided to him by WebID (e.g. transaction number and TAN) and identification number at all times and to protect the data against use by unauthorized third parties, in particular minors. A transfer of data and the identification number, as well as the transfer of the user profile to third parties is strictly prohibited. The user will inform WebID immediately in case of a suspected case of unauthorized use of his data, or identification number or data required for user assignment. The user shall exempt WebID from all third party claims that may arise from unauthorized use of his access or identification number or data unless it is proven that he is not responsible for the unauthorized use by third parties.

6.5 The user is only making use of his identification number and the entirety of the data entered at registration / application for the sole purpose of verifying his identity or his age towards partners.

6.6 Once a user profile has been created for a user, the user shall notify WebID as part of a re-identificaiton process of all changes in his personal data, depending on necessity with respect to the nature or extent of the changes.

6.7 Should the user violate his obligations under these Terms and Conditions, WebID is entitled to abort the affected identification process or delete the user profile without further notice and to block and delete the identification number of the user.

7. Conditions for Revocation

Conditions for Revocation

Right to Revoke

You may revoke your contract within 14 days without giving reasons in writing (e.g. Letter, fax, email). The period begins upon receipt of this notification in writing, but not before conclusion of the contract or prior to fulfillment of our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB and our obligations according to § 312g, paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The dispatch of a simple revocation within the revocation period is sufficient. The revocation must be sent to:

WebID Solutions GmbH, Friedrichstrasse 88, 10117 Berlin

Consequences of Revocation

In the case of an effective cancellation and revocation, the mutually exchanged services and any benefits (e.g. such as interest) are to be returned. In case you are unable to return the received service and usage (e.g. benefits through application) to us partly or only in a deteriorated condition, you shall be liable to compensation. This may lead to the obligation to fulfill any contractual payment obligations for the period leading to the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins with the declaration of revocation, and for WebID with the receipt of the revocation.

Special Note

Your right to revoke expires prematurely if the contract has been completely fulfilled by both sides upon your explicit request before you have exercised your right of withdrawal.

End of Note on right of Revocation

8. Remuneration

8.1 WebID provides identification services free of charge to the user.

8.2 Any costs incurred during the use of the WebID services i.e. connection and transmission charges levied by the relevant internet provider must be borne by the user.

9. Data Protection

WebID collects, processes and uses personal data of the user for the sole purpose of providing the identification services. WebID will not make any additional use of user data, unless the user has given prior consent. For details please refer to the separate Data Privacy Policy that is provided on WebID´s website and which can be accessed and retrieved at any time.

10. Liability

10.1 WebID is liable for damages in accordance with statutory provisions for personal injury and for damages under the Product Liability Act.

10.2 WebID is liable for any other damages, unless otherwise stated in a warranty assumed by WebID, in accordance with the following provisions.

10.3 Under the statutory provisions, WebID is liable for damages caused by fraudulent behaviour and for damages caused by intent or gross negligence of WebID, the legal representatives or officers of WebID.

10.4 WebID is liable for compensation limited to the amount for this contract typically foreseeable damage

- for damages resulting from a slightly negligent breach of contractual obligation or obligations, the fulfillment of which renders a correct execution of the contract and on whose observance the user may regularly rely upon (cardinal obligations)

- as well as for damages which were caused deliberately or through gross negligence of vicarious agents of WebID.

10.5 Any further liability of WebID for damages caused by carelessness is excluded.

10.6 Notwithstanding the preceding provisions, the amount of any claim for damages will be reduced through negligence of the user - in particular through inadequate provision of cooperation services, organisational errors, inadequate data backup or a breach of other contractual obligations.

10.7 The customer is obligated to immediately report any damage as defined above liability regulations to WebID in writing or inform WebID on record so that WebID is informed as early as possible, and possibly limit damage in cooperation with the customer.

10.8 WebID is only liable for the replacement of data in case the customer has met and ensured all necessary and appropriate data security measures and that the data from data material is kept ready in machine-readable format, and can be recovered with reasonable effort.

11. Other Items

11.1 These Terms and Conditions and all contracts entered into between the user and WebID referring to these Terms and Conditions, are subject to the law of the Federal Republic of Germany, excluding the conflict of laws of the United Nations Convention of April 11th 1980 on Contracts for the International Exchange of Goods.

11.2 Changes and additions to these Terms and Conditions must be in writing. This also applies to an amendment or cancellation of the written form requirement.

11.3 In case any provisions of these Terms and Conditions are partly or fully invalid, are unenforceable or contain a loophole, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid or unenforceable provision by a valid and enforceable provision that reflects the economic purpose of the invalid or unenforceable provision as closely as possible.

Legal notice: These Terms and Conditions have been translated. In case of legal dispute, the German original Terms and Conditions apply.

Date: January 2014

B. Privacy Policy

This privacy policy serves the purpose of informing you about the collection, processing and use of personal data (hereinafter referred to as "data") in connection with the services provided by WebID.

The collection and handling of personal data is carried out in compliance with prevailing data protection legislation, in particular the provisions of the German Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).

1. General

1.1 Verification and confirmation of an identity or age

WebID Solutions GmbH ("WebID") is being instructed by a partner company (“Partner”) to carry out the verification and confirmation of an identity or age. This verification requires the collection, processing and use of your data on their behalf of the Partner. The collection, processing and use of your data is carried out solely for the purpose of verifying your identity, your documented statement or your age and in order to inform the respective Partner of the result.

For this purpose we collect, process and use the data that you provided to us as part of your instruction to apply of the services of WebID as the responsible verification entity and, if applicable, the data that it provided to us by the respective Partner for purpose of comparison.

The scope of the collection, processing and use of this data is in accordance with the requirements for the intended or already existing contractual relationship between you and your Partner as well as the legal requirements that are regulating the verification of an identity or age. The personal data usually required for the purpose are:

  • Name, first name
  • Place of birth
  • Date of birth
  • Nationality
  • Full address
  • Mobile phone number
  • E-mail address
  • Username of the video conferencing programme used
  • Photo / Screenshot of the person and the front and reverse of the identity document
  • Identification data (such as date and place of issue, issuing authority, etc.)
  • Voice recording of the video call

An official and valid ID document (e.g. passport or identity card) is required for an identity or an age check. In this context additional particulars stated on the respective official ID document are also collected, processed and used. In addition, it may be necessary to take a photograph of the official ID document you have chosen for the identification process.

As soon as we have verified your identity, we will transmit the collected data to the Partner. In case you have instructed a third party with the verification of your identity through WebID or your Partner, the third party will only receive a success statement informing of the result of the verification process. The Partner will use the data provided to fulfil obligations set out by the anti-money laundering legislation governing identifications and will store the data compliant with the prevailing legislation.

We will delete your data immediately upon completion of the transmission subject to the legal requirements for data storage in force at the time.

WebID will not carry out any further collection, processing and/or use of your data unless you have specifically expressed your consent to use the data for any of the purposes described below (e.g. creating your user profile).

1.2 Generating and saving your user profile

The generation and storage of your user profile is subject to the following declaration of consent. Once you have expressed consent to the agreement below, WebID will become the responsible entity to process and use the data associated with your user profile.

As part of establishing the user profile, WebID will use the information collected in connection with the verification and confirmation of the identity or age (see 1.1) as well as your unique identification number generated for this process. WebID uses your user profile solely for the purpose of enabling the matching of reoccurring identification or age check records on behalf of its Partners.

Provided below for review is a transcription of the consent declaration that you are giving in relation to the generation and storage of your user profile, the use of the data for processing and application purposes as well as the reference to the option for withdrawal of consent. The text of the consent declaration as well as the declaration of withdrawal is as follows:

"I approve of the fact that WebID Solutions GmbH, Friedrichstrasse 88, 10117 Berlin (" WebID ") processes and uses my personal data collected in the process of identity and / or age verification in order to generate a WebID user profile. The generation of a WebID user profile and the associated processing and use of the equivalent data is solely carried out for the purpose of conducting future identifications and age checks for the partners of WebID.

Previously given consent can be revoked at any time simply by sending an e-mail to datenschutz@webid-solutions.de or by deactivating your WebID user profile."

2. Transferral of your data to third parties

A transfer of your data will only be executed to the respective Partner that requested the check or verification of your identity or age. In case we subcontract services of a third party for the process of verifying your identity or age or to generate or store a user profile, we will fully comply with regulations as set out under § 11 BDSG of the German law and described in a data processing agreement (ADV) framework.

3. Log Data

When accessing our website your internet browser will technically prompted automatically transmit information (e.g. browser type, date and time of the call). It is not possible for us to assign the captured of this data to a specific person.

All of this data collected is evaluated for statistical purposes only. Such data is not being passed on to third parties. A linking of this data with other data collected does not take place. The data is regularly deleted following statistical analysis.

4. Cookies

In some instances "cookies" are created on your computer. These are small text files that are stored on your computer. Most of the cookies generated by us are deleted from your hard drive after the browser session (so-called session cookies). Other cookies remain on your computer and allow us to recognize your computer when you next visit (so-called persistent cookies). Storing cookies can be disabled in your browser settings. However, it should be noted that the use of our service and in particular the WebID user comfort without such cookies is limited.

5. Encryption

During recording or transmission of your data, we use the current state of the art SSL encryption (SSL = Secure Sockets Layer). The SSL encryption ensures the secure and confidential exchange of communication and data. This security feature is active if either a symbol of and unbroken key or closed lock (depending on your browser) is shown at the bottom of your browser window.

6. Withdrawal of consent

In case you wholly or partly withdraw the consent you previously expressed to us for the collection, processing and use of your data, we will immediately delete your data in accordance with your expressed wish or block it for further use subject to statutory data storage periods.

7. Information

According to the BDSG legislation you have the right to request information about your personal data stored by us free of charge, and according to legislation the right to have this data corrected, blocked or deleted.

8. Contact Details for Privacy Policy Issues

For questions regarding the collection, processing or use of your data, any additional information, correction, blocking or deletion of your data as well as withdrawal of consent previously granted, please contact datenschutz@webid-solutions.de.

Please note that this privacy policy has been translated from German. In case of legal dispute, the German original will prevail.