Onfido Facial Scan Policy and Release

Use & Processing · Context

Applies to US users of the Entrust Identity Verification Services, formerly Onfido Identity Services

The policy applies to users located in the United States who use the Entrust Identity Verification Services (formerly the Onfido Identity Services), defined as the “Services”. It does not state that it applies to users outside the United States.

Supporting quotations

This Facial Scan and Audio Recording Policy (“Facial Scan Policy”) applies to users located in the United States who use the Entrust Identity Verification Services (formerly the Onfido Identity Services) (“Services”).

Qualifications & exceptions

• The scope is limited to users located in the United States.
• The Services are the Entrust Identity Verification Services, formerly called the Onfido Identity Services.

Not stated here

• The saved text does not list which products or flows make up the Services beyond that name.

Use & Processing · Company practice

Entrust and its named Providers process Biometric Data on the client Company's behalf for listed purposes

The policy says the reader is likely directed to it by a company that owns or operates a website or app the reader wants to use, or another service the reader wishes to access (“Company”), and that this Company is an Entrust client. At the Company's request, Entrust and its service providers named below (“Providers”) will collect, capture, obtain, possess, store, use, process, disclose and re-disclose (“Processes”) Biometric Data on the Company's behalf for the purposes the policy lists.

Supporting quotations

You are likely reading this Facial Scan Policy because you have been directed to it by a company that owns or operates a website or app that you are trying to use or some other service you wish to access (“Company”).

This Company is an Entrust client.

At the Company’s request, Entrust, and its service providers named below (“Providers”), will collect, capture, obtain, possess, store, use, process, disclose and re-disclose (“Processes”) Biometric Data on the Company’s behalf, for the purposes of:

Qualifications & exceptions

• The processing is described as at the Company's request and on the Company's behalf.
• “Processes” is defined to cover collection through re-disclosure.
• The Providers are named later in the policy; this card does not describe their identities or practices.

Not stated here

• The policy does not describe the Company's own role or its separate privacy practices.

Use & Processing · Company practice

Purpose: verify identity by comparing facial Biometric Data to the identity document photo

The first listed purpose is verifying the user's identity by comparing facial Biometric Data extracted from the photo/video of the user's face to facial Biometric Data extracted from the photo in the user's identity document.

Supporting quotations

(1) Verifying your identity by comparing facial Biometric Data extracted from the photo/video of your face, to facial Biometric Data extracted from the photo in your identity document;

Qualifications & exceptions

• The comparison uses Biometric Data extracted from the user's photo/video and from the identity document photo.

Use & Processing · Company practice

Purpose: authenticate the user by comparing a reference image to a new photo/video

The second listed purpose is authenticating the user and the user's use of the Company's services by comparing facial Biometric Data from a reference image — for example, an image the user gave the Company at account sign-up or the photo in the user's identity document — to facial Biometric Data extracted from a new photo/video of the user's face.

Supporting quotations

(2) Authenticating you and your use of the Company’s services by comparing facial Biometric Data from a reference image (for example, an image you provided to the Company when you signed up for an account or the photo in your identity document), to the facial Biometric Data extracted from a new photo/video of your face;

Qualifications & exceptions

• The reference-image examples (“for example”) are not exhaustive.

Use & Processing · Company practice

Purpose: detect and prevent fraud, including prior verification and coercion checks

The third listed purpose is analyzing Biometric Data to detect and prevent fraud, including determining whether Entrust has previously verified the user's identity and identifying signs of coercion or social engineering.

Supporting quotations

(3) Analyzing Biometric Data to detect and prevent fraud, including to determine whether Entrust has previously verified your identity and/or to identify signs of coercion or social engineering;

Qualifications & exceptions

• The fraud uses are listed after “including” and are not exhaustive.

Use & Processing · Company practice

Purpose: evaluate the authenticity of images, videos and identity documents

The fourth listed purpose is evaluating the authenticity of images and videos and identity documents, including detecting whether there is a genuine human or physical document in the user's photos/videos or signs of tampering.

Supporting quotations

(4) Evaluating the authenticity of images and videos and identity documents, including detecting whether there is a genuine human or physical document in your photos/videos or signs of tampering; and

Qualifications & exceptions

• The examples after “including” are not exhaustive.

Use & Processing · Company practice

Purpose: improve and develop the Services where permitted by law

The fifth listed purpose is improving and developing the Entrust Identity Verification Services, where permitted by applicable law.

Supporting quotations

(5) Improving and developing the Entrust Identity Verification Services, where permitted by applicable law.

Qualifications & exceptions

• The purpose is limited to what applicable law permits.

Cross-references

• referred to by (model-proposed): No sale, lease or trade of Biometric Data; no profit except for the described purposes — The no-sale/no-profit sentence is subject to “other than for the purposes described in this Policy”. Improving and developing the Services, where permitted by applicable law, is one of the five purposes the policy describes, so it falls within the exception that the no-sale card carries.

Use & Processing · Company practice

Other Personal Data, including sensitive data, is processed for the same purposes

In addition to Biometric Data, Entrust says it will Process other personal data, including sensitive personal data, for the purposes listed above. The examples given are IP address and other data about the user's device, and personal data extracted from the user's identity document such as name and date of birth (“Personal Data”). The policy points to the Entrust Identity Verification Services Product Privacy Notice for more information.

Supporting quotations

In addition to the Biometric Data, Entrust will Process other personal data, including sensitive personal data

(for example IP address and other data about your device and personal data extracted from your identity document e.g. name, date of birth etc) (“Personal Data”)

for the purposes listed above

See the Entrust Identity Verification Services Product Privacy Notice for more information.

Qualifications & exceptions

• The examples of Personal Data follow “for example” and are not exhaustive.
• The Product Privacy Notice is a separate linked document.

Not stated here

• The linked Product Privacy Notice's text is not supplied in this source, so its further detail is not analyzed.

Use & Processing · User right or choice

Consent is requested; refusal means no Biometric Data processing or identity verification

The policy says the user will be asked whether they consent to the use of their Biometric Data as described in the policy. If the user does not consent, Entrust will not extract Biometric Data from the user's photos/videos or audio recordings, will not Process the user's Biometric Data, and will not verify or authenticate the user's identity.

Supporting quotations

You will be asked whether you consent to the use of your Biometric Data as described above (see more below).

If you do not consent, Entrust will not extract Biometric Data from your photos/videos or audio recordings, Process your Biometric Data, or verify or authenticate your identity.

Qualifications & exceptions

• The consequence of refusal is stated for extraction, processing and identity verification/authentication.
• The policy does not describe an alternative verification route for a user who refuses.

Not stated here

• What happens to a user who refuses consent beyond the partial-process record and photos/videos the policy says are stored is not stated.

Use & Processing · Permission or license

Clicking “Accept” affirms the policy and Terms and consents to processing

The policy states that by clicking the “ACCEPT” button the user agrees that they: (1) have read, understand and accept the Facial Scan Policy and the Terms of Service; (2) consent to Entrust, the Company and the Providers processing their Biometric Data and other Personal Data for the purposes described in the policy; and (4) confirm that they are not accessing the Services in any jurisdiction where the Services are not permitted by applicable law. The release in element (3) is described in a separate card.

Supporting quotations

BY CLICKING ON THE “ACCEPT” BUTTON, YOU AGREE THAT YOU:

(1) HAVE READ, UNDERSTAND, AND ACCEPT THIS FACIAL SCAN POLICY AND TERMS OF SERVICE;

(2) GRANT CONSENT TO ENTRUST, THE COMPANY AND PROVIDERS TO PROCESS YOUR BIOMETRIC DATA AND OTHER PERSONAL DATA FOR THE PURPOSES DESCRIBED IN THIS FACIAL SCAN POLICY;

(4) CONFIRM THAT YOU ARE NOT ACCESSING THE SERVICES IN ANY JURISDICTION WHERE THE SERVICES ARE NOT PERMITTED BY APPLICABLE LAW.

Qualifications & exceptions

• The consent is given by clicking “ACCEPT”.
• The consent names Entrust, the Company and the Providers and covers Biometric Data and other Personal Data.
• The jurisdiction element is the user's own confirmation, not a verification by Entrust.

Not stated here

• The linked Terms of Service's text is not supplied in this source, so what the user accepts there is not analyzed.

Cross-references

• qualified by (model-proposed): Read with the Terms of Service and Product Privacy Notice; this policy prevails on inconsistency — The acceptance statement has the user accept both the Facial Scan Policy and the Terms of Service, while the policy's precedence clause says the Facial Scan Policy prevails over the Terms of Service or any other document or policy in the event of inconsistency. Read together, clicking Accept does not make the Terms of Service override this policy where the two conflict.
• qualified by (model-proposed): Withdraw consent by contacting the Company as described in its Privacy Policy — Consent is given by clicking Accept, but the policy routes withdrawal through the Company as described in the Company's Privacy Policy. This qualifies how the consent granted by the click-through can be undone.