Daego Terms of Use

Introduction

PXL Vision AG (hereinafter referred to as "PXL," "we," or "us") provides you with Daego Web (hereinafter referred to as "WebApp"), a portal solution, and Daego Mobile (hereinafter referred to as "MobApp"), a mobile solution for use on your compatible terminal device, as well as server services, via which you can scan your identity document issued by an ofﬁcial office (e.g., passport, ID card, alien's ID, etc.) and which then compares the scanned data with a selﬁe created via the WebApp or MobApp. The server then compares the scanned data with a selﬁe made via the WebApp or MobApp and, if successful, generates a digital proof of identity for use by transaction partners.

The digital proof of identity enables you to transact with corresponding providers (e.g., mobile phone providers, banks, web stores, etc. - hereinafter referred to as "transaction partners").

PXL provides the Daego product in the present version as a certiﬁed identiﬁcation module. PXL has certiﬁcates for the products Daego Web and Daego Mobile for the fulfillment of all relevant requirements of the Regulation (EU) No. 910/2014 (eIDAS) for identifying natural persons for trust service providers of TÜV Austria GmbH as well as via a module confirmation of the German Federal Network Agency. The certiﬁed product is subject to additional obligations of the Transaction Partner using the module and of PXL Vision.

To carry out a transaction, you will be asked by a transaction partner (e.g., when concluding an online contract) to either click on a link to the WebApp or MobApp associated with a transaction code or, after directly entering the Web address of the WebApp and scanning the documents described below, to enter a transaction code or scan a QR code provided by the partner.

Daego identifies you as the holder of the scanned ofﬁcial identification document as part of the transaction. For veriﬁcation by the transaction partner, the collected data is additionally transmitted to the transaction partner when the transaction is initiated, and the transaction partner stores it in accordance with its data protection requirements.

Veriﬁcation of your identification document with the recorded selﬁe is done as follows:

By focusing and triggering the ID document with the end device's camera, Daego photographs and scans your ID document and identiﬁes the personal data it contains via text recognition.

Furthermore, the complete photo of the ID document with the additional security features (such as design elements) is captured. After scanning the document, you will be prompted to ﬁlm a short video of yourself via the camera connected to the end device. The data, photos, and video collected by Daego are transmitted from your end device via a secure connection in real time to our data center in Switzerland, where they are processed and stored. On PXL's systems, the collected data is then cross-checked against each other, and the accumulated photo is compared with the selﬁe-video in terms of the biometric data. Furthermore, the photo of the identification document is scanned. After completion of the veriﬁcation, your consent to the transmission of the collected identiﬁcation data and image files to the transaction partner will be requested, and, if you consent, the data will be transmitted to the transaction partner who provided you with the link to the WebApp or the transaction ID or barcode to carry out the identiﬁcation process, for confirmation of the identity and, if applicable, for storage in your customer account there.

The contractual use of the WebApp or MobApp and the identiﬁcation procedure is free of charge for you.

Using the WebApp or MobApp on a cell phone may result in mobile data connections, the calculation or volume charging of which depends on the data tariff of your network operator.

1. Conditions of use

The prerequisite for using the identiﬁcation and veriﬁcation functionality of Daego is the provision of a transaction code, link, or QR code by a transaction partner.

Daego is not associated with the creation of a permanent user account with PXL. The veriﬁcation is only done once for the assigned transaction code. If you identify yourself again via Daego for another service, the scanning and veriﬁcation procedure must be gone through again.

Unless you explicitly allow PXL to use the collected identiﬁcation data for purposes of scientific development and improvement of the machine learning processes underlying the identiﬁcation process, your identiﬁcation data will be deleted after transfer to the transaction partner. The transaction partner stores this data in accordance to its privacy policy, which you should take note of separately.

If you do not fully agree with these contractual terms, please do not continue the identiﬁcation process and ask the transaction partner for alternative identiﬁcation options.

2. Selﬁe-video rights

In order to use the WebApp or MobApp, you are required to provide your personal data as well as the self-video you have created. You hereby grant PXL the right to use the video you have created, free of charge and for an unlimited period of time and place, to develop and maintain the digital identity, carry out the veriﬁcation process, and improve the technical processes (provided that you have consented to this) and waive your rights to your image within the scope of the necessary processing of the image data. You can revoke this consent at any time by sending an e-mail to privacy@pxl-vision.com.

3. Disclaimer of warranty

PXL assures the compliance of the module functions as a certiﬁed component with the requirements of Regulation (EU) No. 910/2014 (eIDAS) for the establishment of the identity of natural persons for trust service providers towards the transaction partner. Use as part of an overall certiﬁed solution of the transaction partner (e.g., for the creation of a digital signature) additionally requires compliance with the connection of the module to the infrastructure of the transaction partner specified by PXL as part of the certiﬁcate.

Furthermore, the WebApp or MobApp is provided free of charge, and the associated services are provided "as delivered," i.e., with all errors that may exist and to the exclusion of any assurances or promises. PXL hereby excludes any warranty.

Compatibility with the operating systems and end devices utilized by the user is not guaranteed at any time.

The use of the WebApp or MobApp for veriﬁcation of the identity is, therefore, at the user's risk, and the successful use of Daego to trigger a transaction initiated via Daego is also not guaranteed.

4. Liability of PXL

PXL shall be liable for any damage incurred only to the extent that such damage is based on a breach of a material contractual obligation or intentional or grossly negligent conduct by PXL, its legal representatives, or vicarious agents. In the event of a violation of an essential term of the contract due to slight negligence, PXL's liability shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is given in the case of duties, the fulfillment of which makes the proper execution of the contract possible in the first place or on the compliance with which the customer has relied on and could have relied on.

Any further liability, including liability for indirect damages, consequential damages, and loss of profit, is excluded.

5. Privacy

PXL is committed to protecting your privacy. Our goal is to make your use of our products and services as user-friendly, reliable, and secure as possible while always protecting your personal information as deﬁned in PXL's Privacy Policy ("Privacy Policy"). For information about our privacy practices and our privacy policy ﬁnding, please see the Privacy Policy

Before using the Veriﬁcation Process, we request your express consent that PXL may collect and process personal data, including special categories of personal data, such as biometric data, within the meaning of Article 9(1) of the General Data Protection Regulation or Article 3 lit. c of the Swiss Data Protection Act, via the WebApp or MobApp.

We also collect data on identiﬁcation documents that the application could not read, photos and videos where human veriﬁcation and the application produce different results, and data on successful veriﬁcations.

For more information, please review the Privacy Policy, which is hereby made a part of your User Agreement.

Please note that separate data protection provisions apply to downloading the software via the app stores (e.g., Apple and Google), which you should inform yourself about when using the app store. PXL assumes no responsibility for the data processing of these providers.

6. Trust Service Practice Statement

PXL Vision provides the certiﬁed services within the terms of the PXL Vision Trust Service Practice Statement, which is publicly available for download by anyone at www.pxl-vision.com/tsps.

1. The Trust Service Practice Statement (TSPS) is a statement of the procedures that a trust service provider follows in providing the trust services. In general, TSPS describe the procedures related to all services related to the life cycle of certiﬁcates (e.g., issuance, management, revocation and renewal,
2. or re-encryption).
  
  PXL's TSPS is structured according to RFC 3647 but is not a complete Certiﬁcation Practice Statement (CPS) since PXL only Identiﬁcation Veriﬁcation Services and does not provide any other certiﬁcation services.
  
  The purpose of the TSPS is to serve as a basis for compliance with the eIDAS Regulation (Regulation (EU) No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identiﬁcation and trust services for electronic transactions in the internal market, repealing Directive 1999/93/EC) and the ETSI standards ETSI EN 319 401, ETSI EN 319 411-1 and ETSI EN 319 411-2.
3. Significant changes to the TSPS that could affect the acceptance of the service by the data subject, subscriber, or relying parties will be announced on the website www.pxl-vision.com at least one month before the change takes effect.

7. Other provisions.

This agreement shall be governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 (UN Sales Convention).

The place of jurisdiction for all disputes between PXL and its users is Zurich.

However, PXL may also prosecute the user at his registered office or place of residence.

PXL may transfer its rights and obligations under the contract in whole or in part to a third party if the performance of the contract is not impaired or endangered thereby and no overriding legitimate interests of the user are opposed.

These Terms of Use shall apply at the time of the respective use of the WebApp in their current version.

The use of the masculine form for users in this document explicitly includes female and diverse users.

If individual provisions of this agreement are or become invalid, they shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision. The validity of the remaining provisions shall not be affected thereby.

8. contact PXL:

Email: info@pxl-vision.com or support@pxl-vision.com

Address: PXL Vision AG, Mühlebachstrasse 164, CH-8008 Zurich, Switzerland Contact Form: https://pxl-vision.com/contactus/