Data subject terms

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Data subject terms summary

Please read these terms carefully. By accepting these terms before completing an Amiqus check you agree to these terms which are binding. If you do not agree to these terms, please do not proceed with completing the Amiqus check.

Please read this agreement and our privacy policy  carefully before you submit any Personal Data to us. These terms tell you who we are, how we will provide Services to you, how the contract between us may be changed or ended, what to do if there is a problem and other important information.

Who we are

Amiqus is a trading name of Amiqus Resolution Ltd, a limited company registered in Scotland (SC511150) having a registered office at Citypoint 3rd Floor, 65 Haymarket Terrace, Edinburgh, EH12 5HD. You can contact us by writing to us at [email protected] or via our online chat feature by selecting the blue ‘Help and Support’ icon towards the bottom right of your screen.

Throughout this agreement we refer to you as “you” or the “Data Subject”.

The service

Amiqus offers an online identity check, documentation verification and encrypted document exchange service (the “Service”).

On behalf of the company, firm, corporation or public authority (the “Client”) who wishes to use the Amiqus Service to process your Personal Data, we provide online anti-money laundering, identification and compliance checks (“Checks”) on Personal Data submitted by you through our Website (www.amiqus.co).

On the request of the Client, you have received this verification request email from us, which includes a link for you to submit the Personal Data required to allow us to complete the Checks required by our Client. On submitting the required Personal Data through our Website, we will complete the Checks and provide the results of those Checks (including your Personal Data) to our Client. The results of all Checks will be shared with the Client, without any prior approval by you.

We will use all reasonable endeavours to provide the Service as described on the Website, but cannot guarantee the Service will operate continuously or without interruption. We also reserve the right to refuse to carry out any checks at our own discretion.

Photo ID verification Checks

If asked to complete a Photo ID verification Check you may be asked to allow access to the camera and microphone on your device. This is to allow you to capture images and/or video of your document and face to fulfil the Check.

If our Client requires a Facial similarity check as part of a Photo ID verification Check, the captured images/or video of your face will be used for facial recognition purposes (i.e. a digital comparison is made between the image/video of your face and your ID documents to recognise and verify it’s you).

If you are required by our Client to verify a biometric passport, you will be directed to download the Amiqus mobile app from the Apple App Store or Google Play Store. In the app, you will be asked to allow access to the camera and microphone on your device and to scan the passport’s near-field communication (NFC) chip using your mobile’s NFC scanner. This is to allow you to capture images and/or video of your document and face, as well as verify the data stored in the document’s NFC chip, to fulfil the Check. To verify your identification documents and carry out the facial recognition check we use the services of third-party supplier Onfido Limited.

Payment

Charges for the Service shall be met by our Client and you shall have no obligation to meet any charges apart from in the specific instance, where a Disclosure Scotland check cost is deferred to you.

Disclosure Scotland payments

In the instance that a Disclosure Scotland check cost is deferred to you, you will be informed in the request verification email that a payment will be required. You will also be prompted for credit or debit card information before completing your check, your payment will be processed on submission of your details by Stripe inc. (our payment gateway provider).

The disclosure check is a service provided by Disclosure Scotland. Your payment will be passed directly to Disclosure Scotland and Amiqus do not make any additional charges to you in respect of this service. We are acting as your agent in this respect and will not retain any of your payment information.

Disclosure checks require our Client to review your details before submitting them to Disclosure Scotland. Unsubmitted checks remain open for up to 30 days at which point they will be cancelled and a full refund will be initiated. If you wish our Client to cancel the check, please contact them directly as soon as possible. Once submitted by our Client, your payment cannot be refunded.

Refunds will appear as a credit to your original payment method, approximately 5-10 business days after a refund is initiated. It’s not possible to send a refund to a different destination (e.g. another card or bank account).

Your privacy

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy policy and it is important that you read that information.

 

Data subject obligations

By providing your Personal data and using the Service, it is your responsibility to ensure that all information and documents submitted by you (or on your behalf) are true, accurate, current and complete.

If you submit inaccurate, counterfeit, out of date, misleading or incomplete information or documents, we will be entitled to suspend or terminate your use of the Service and will advise our Client accordingly.

Our right to make changes

We may make non-material changes to the Service from time to time to reflect changes in relevant laws and regulatory requirements, or to implement minor technical adjustments and improvements. These changes should not materially affect your use of the Service.

From time to time, it will be necessary to update the terms of this agreement. We will notify you of any such changes and you may then contact us to end this agreement before the changes take effect if you do not wish to be bound by the revised agreement.

Termination of this agreement

This agreement for provision of the Service is completed when we have finished providing the Service. If you want to end this agreement before the Service is completed, just contact us to let us know.

We may end this agreement if you do not, within a reasonable time of us asking for it, provide us with the Personal Data or information required that is necessary for us to provide the Service. In addition, we may end this agreement if you provide any Personal Data, information or documentation that is inaccurate, counterfeit, incomplete or otherwise unacceptable under the terms of this agreement.

We will not tolerate anyone being rude or offensive to our staff or otherwise abusing the Service in any way and we reserve the right to end this agreement with immediate effect as a result of such behaviour (at our own discretion).

Disclaimer and limitation of liability

You use the Service at your own risk and we will not be liable for any unforeseeable loss or damage suffered as a result of your use of our Service. We are not responsible for your use of the Service or the impact of the Check results we provide to the Client or any other outcome as a result of using the Service.

It is your responsibility to maintain an updated browser, firewall or anti-virus and anti-spyware software in order to allow you to use the Service.

We cannot guarantee 100% uptime or uninterrupted operation of the Service.

We are not responsible for the mistakes of any third party search provider or external delays.

We are not responsible for the Client’s data storage arrangements or its storage of your Personal Data after the Check is completed, or if in any instance data is removed from the Amiqus product and held in any other third party systems.

Other important terms

We may transfer our rights and obligations under this agreement to another organisation. You may only transfer your rights or your obligations under this agreement to another person if we agree to this in writing.

Failure or delay by us in enforcing any term of the agreement shall not be construed as a waiver of any of our rights under it.

In this agreement, the terms “Personal Data”, “Data Controller”, “Data Processor” and “processing” shall have the same meanings as designed in the General Data Protection Regulation and the Data Act 2018.

These terms are governed by Scots Law.

Effective from 06/05/2022 Last reviewed 24/03/2023 Version 1.7