END-USER LICENCE AGREEMENT
1. Subject Matter:
1.1. The following End-User License Agreement (hereinafter “EULA”) shall be read in conjunction with the Terms and Conditions, located at https://mintra.com/terms-and-c... (hereinafter “T&C”) and shall form an integral part of the T&C in relation to the provision of the identification verification service offered by MINTRA, which is available in the Trainingportal.
2. Definitions:
For the purposes of this Agreement the following terms shall have the following meaning:
| “Biometric Personal Data”: | Shall refer to any personal data resulting from specific technical processing relating to the physical physiological, or behavioural characteristics of a natural person, which allows or confirms the unique identification of that natural person, such as facial images; |
| “GDPR”: | Shall refer to the General Data Protection Regulation, EU 2016/679; |
| “IDV”: | Shall refer to the identification verification service provided by Mintra in Trainingportal; |
| “License”: | Shall refer to the license mentioned in Section 4.1; |
| “Materials”: | Shall refer to any document, material, guidance or content included in the IDV or provided to End-User by Mintra; |
| “Personal Data”: | Shall refer to any information relating to an identified or identifiable natural person, as further detailed in the article 4(1) of the GDPR; |
| “Software”: | In addition to the definition mentioned in T&C shall refer to the IDV where applicable, for the purpose of this EULA; |
| “Third-Party Services”: | Shall refer to any content of a third party, including data, information, products and services, which are licensed to Mintra and which may be included in the Trainingportal for use by the End-Users; |
Unless otherwise defined in this EULA, capitalised terms shall have the meaning ascribed to the terms in the T&C.
3. License:
3.1. MINTRA grants to End-User, for and during the use of Trainingportal a non-exclusive, temporary, world-wide, non-assignable, revocable license, to access and use the technology of IDV in accordance with the terms of this EULA (the “License”).
3.2. IDV technology includes the use of:
3.2.1. a feature which requests the End-User to provide identification document based on the selected, country of residence/origin; and,
3.2.2. a facial recognition feature for the purpose of verifying End-User identity as the person who appears on the identification document.
3.3. End-User understands that, in addition to the EULA, and any other terms agreed between the Parties, the use of IDV Service is subject to license terms of third-party service provider. End-User hereby accepts the relevant third-party terms when using the Third-Party Services. Mintra may withdraw the provision of any Third-Party Service at any time without giving any notice.
3.4. Notwithstanding anything to the contrary contain herein, Mintra reserves the right to terminate the License and/or access to any Material with immediate effect at any time by written notice in accordance with section 5 of the T&C.
4. Indemnity:
4.1. End-User at any time remain fully responsible for:
4.1.1. their reliance and understanding of the Materials;
4.1.2. the legitimate usage of the IDV;
4.1.3. the accuracy, quality, integrity, legality, reliability and appropriateness of the Personal Data uploaded in the IDV.
5. Intellectual Property:
5.1. The IDV including the Materials and any product and/or service made available to End-User, are intellectual property of Mintra and/or of its licensors and are solely licensed for use, not sold, to the End-User in accordance with this EULA.
6. Data Processing:
6.1. End-User authorises Mintra and its licensors to process End-User’s Personal Data and Biometric Personal Data in order to:
6.1.1. Provide the IDV service, including Materials and any relevant functionality/service through Trainingportal; and
6.1.2. Access and review the results of the identification and verification procedure completed through the IDV.
6.2. End-User’s Personal Data and Biometric Personal Data are processed automatically through the IDV functionality/service. In the event the automatic verification is failed, End-User authorises Mintra and its licensors to process Personal Data and Biometric Personal Data manually.
6.3. End-User’s Personal Data and Biometric Personal Data are processed in Europe in accordance with the applicable regulations and directive of the European Union as further described in the Privacy Policy of Mintra located at https://mintra.com/privacy-policy.
6.4. End-User’s Personal Data and Biometric Personal Data are being hosted in a cloud service by Mintra and/or by its licensors.
6.5. End-User confirms that the Privacy Policy detailing the Personal Data and Biometric Personal Data collected and the way they are processed, have been read understood and agreed upon. Mintra reserves the right to revise the Privacy Policy from time to time.
6.6. Any Biometric Personal Data received through IDV will be deleted within three years of the initial purpose being satisfied or the last interaction with the End-User, whichever occurs first.
7. Disclaimer:
7.1. Mintra, including its licensors, shall not be liable and do not guarantee:
7.1.1. that the identification and verification through the IDV and the Materials are accurate, complete and current. Mintra and its licensors may make changes to the functionality of IDV and/or to the Materials at any time without notice. However, Mintra does not make any commitment to update the functionality of IDV and/or any Material;
7.1.2. for the accuracy, correctness and reliability of any Personal Data entered by End-Users;
7.1.3. for the accuracy, correctness and reliability of the results of the use of IDV;
7.1.4. for any Third Party Services, including the accuracy, completeness, validity, copyright compliance, legality and quality of the content included.
7.2. Mintra and its licensors may, at their own discretion or as prescribed by applicable law, submit Personal Data and Biometric Personal Data of suspected fraudsters to law enforcement or government bodies to help those bodies in their detection and prevention of fraud.
7.3. Mintra verifies Personal Data at the point at which the relevant identity document or other information is first submitted. Mintra may, at its own discretion or as requested by the Customer, update or re-verify any Personal Data and Biometric Personal Data. Mintra does not have the obligation to update or re-verify any Personal Data in the event of change or expiration. End-Users are responsible for the accuracy of their Personal Data and for keeping their Personal Data up to date.
7.4. Mintra may from time to time provide enhancements or improvements to the IDV. Updates may modify or delete any functionality, either in whole or part of it, including any provided Materials. The End-User agrees that Mintra has no obligation to:
7.4.1. Provide any updates on the IDV;
7.4.2. Update the Materials;
7.5. The number and the type of Personal Data requested when using the IDV will be determined by Mintra and its licensors and are subject to change from time to time at their own discretion, without any notice. Mintra and its licensors do not guarantee to provide any particular category of Personal Data and have the right to remove or amend any category of Personal Data at their own direction and at any time without prior notice.