Onfido Facial Scan and Voice Recording Policy

This  Onfido Facial Scan and Voice Recording Policy (“Policy”) applies to users in the United States.  This Policy describes how Onfido Inc. and its affiliate companies (collectively, “Onfido”) treat data extracted from photos/videos of your face and audio recordings of your voice, including data that may be construed as a scan of face geometry or voiceprint (“Scan Data”). Notwithstanding any indication to the contrary, in Onfido’s Privacy Policy, Terms of Service or any other document or policy, the terms of this Policy shall prevail in the event of any inconsistency with other terms or notices provided to you.

The company that owns or operates the website or app that you are using or is providing the services you wish to access (“Company”) uses the Onfido Smart Capture technology to take photos/videos of your face or audio recordings of your voice, or otherwise provides photos/videos of your face or audio recordings of your voice to Onfido. Onfido will collect, process, use, and store Scan Data, for the purposes of: 

1. Comparing facial Scan Data extracted from your photo in your identity document or electronic ID to the facial scan data extracted from the photo/video to verify your identity (“Verification”); 
2. Comparing facial Scan Data from a reference image (for example the photo/video in your identity document or face you upload when you first enroll), to the facial Scan Data provided when you authenticate yourself as an authorized user of the Company’s services (“Authentication”);
3. Detecting and preventing fraud, including to determine whether Onfido has previously verified a user’s identity;
4. Detecting whether there is a genuine human or physical document in the photo/video or signs of tampering with an identity document, electronic ID, or photo/video;
5. Improving and developing Onfido’s services, where permitted by applicable law.

Onfido securely stores and uses Scan Data for a maximum of three-hundred and sixty (360) days, after you submitted photos/videos of your face or audio recordings of your voice to Onfido, or a shorter retention period set by the Company, after which it permanently destroys your Scan Data, unless otherwise required by law or legal process to retain the data.  Onfido securely stores all photos/videos and audio recordings for up to three (3) years after you submitted photos/videos of your face or audio recordings of your voice to Onfido, after which it permanently destroys such photos/video or audio recordings, unless otherwise required by law or legal process to retain the materials.  

In the event that you do not complete the verification or authentication process, Onfido will not extract Scan Data from your photo/video or audio recording or attempt to verify or authenticate your identity. Onfido will retain a record of the partially completed process and any photo/video or audio recording you uploaded in accordance with the instructions of the Company.  Onfido securely stores all photos/videos and audio recordings for up to three (3) years after you submitted photos/videos of your face or audio recordings of your voice to Onfido, after which it permanently destroys such photos/video or audio recordings, unless otherwise required by law or legal process to retain the materials.  

In providing services to Company, with regards to the treatment of your Scan Data, Onfido will:

• use reasonable standards of care, consistent with its industry, to store, transmit, and protect from disclosure your Scan Data, in a manner that is the same as or more protective than the manner in which it stores, transmits, and protects other confidential and sensitive information, 
• not sell, lease, trade, or, other than to provide the services described in this Policy, otherwise profit from Scan Data, 
• other than as set forth herein, not disclose, redisclose, or otherwise disseminate Scan Data unless doing so: 
  1. Completes a Company transaction, in accordance with Company’s instructions and as requested and authorized by you or your legally authorized representative;
  2. Completes a financial transaction requested or authorized by you or your legally authorized representative;
  3. Is required by state or federal law, or municipal ordinance; 
  4. Is required pursuant to a warrant or subpoena issued by a court of competent jurisdiction; or 
  5. Is expressly consented to by you.

Onfido is in no way linked to or responsible for the practices of Company or other third parties. Onfido encourages you to read Company’s and any third party privacy policies and terms and conditions which may apply to the use of Scan Data.

By clicking on the “Accept” button or otherwise proceeding to use the Onfido Smart Capture technology, that Onfido provides on behalf of Company, you agree that you: (1) have read, understand, and voluntarily consent to this Onfido Facial Scan and Voice Recording Policy, Onfido’s Terms of Service, and Onfido’s Privacy Policy, (2) release in favour of Onfido and Company any claims related to your Scan Data, photo/video and audio recording, and (3) confirm that you are not accessing Onfido’s services in any jurisdiction where the services are not permitted by applicable law.