General Terms and Conditions for the Use of the IAMX Identification Service

1. scope

IAMX AG, Dammstr. 16, 6300 Zug, Switzerland (“IAMX”, “we”), offers a service for the identification of natural persons (“Identification Service”). The following General Terms and Conditions (“GTC”) apply between IAMX and you (“End User”, “you”) for the use of the Identification Service.

2. contracting parties and subject matter of the contract

The identification service is used to identify end users and verify your official identification documents (“ID documents”) to third parties with whom you wish to enter into a business relationship or are in a business relationship, for example a bank, insurance company, price comparison portal, mail provider or signature provider (“partner”). These are usually required by law (in particular the Anti-Money Laundering Act and the Federal Electronic Signature Act) to establish the identity of an end user in order to enter into a business relationship with that end user. In this respect, IAMX acts as an independent identification service provider and only provides the identification service and the verification of identification documents. IAMX does not process any transactions or payments between you and the respective partner and does not act as a representative or messenger for the partner in any other way. The contractual terms and conditions agreed between you and the respective partner apply exclusively to the partner’s services. IAMX uses a licensed identification software of IDnow GmbH, Auenstr. 100, 80469 Germany, which complies with all FINMA regulations and provisions of the Data Protection and Money Laundering Act. IAMX offers the identification service both website-based and via a mobile app (“IDnow App”). Website-based solutions are – depending on the integration by our partners – accessible via different top-level, sub-domains and aliases of these domains. The mobile application (“Mobile App”) can be purchased in the app stores mentioned in section 6 of these GTC.

3. availability of the identification service

IAMX strives to provide the identification service reliably throughout the operating hours. Operating hours of Video Identification and eSign are Monday through Saturday, each from 07:00 to 22:00 CET, excluding maintenance windows. Operating time of AutoIdent is from Monday to Sunday, each from 00:00 to 24:00 CET. Maintenance can be performed daily from 0:00 to 6:00 CET. Maintenance can also be carried out during operating hours if maintenance work is urgently required to maintain operations (“maintenance window”). IAMX is constantly striving to extend the operating hours.

4. identification process

The identification service is provided either by means of a videotelephony between the end user and an IAMX employee or through a system-managed process. As part of such a process, an IAMX employee or the system – depending on the partner’s specifications as well as regulatory requirements – verifies the end user’s identity based on the identification documents. The individual steps of the identification process are as follows:

Participation in the Identification Service requires a transaction number assigned to the respective End User, which is already known to IAMX or provided to the End User in advance by IAMX or the Partner.

The end user must then enter personal data (e.g., first and last name, date of birth, nationality, ID card number, issuing authority, ID card number, address) in an input mask that is suitable for verifying his or her identity. Alternatively, this personal data is transmitted to IAMX by the partner.

The IAMX employee or the system matches the data from step 2 with data from the end user’s identification document (identity card, passport, driver’s license), such as first and last name, date of birth, nationality, ID number, etc. The IAMX employee or the system also takes photographs of the end user and his or her identification document. In the process, it may also be necessary for the IAMX employee or the system to take photographs of the end user and his or her identification document, to record the data from the identification document, and to make an audio or video recording. The type and scope of the data collected depends on the requirements of the respective partner and the legal requirements to be observed by the partner. Further information can be found in the privacy policy of the respective partner.

Depending on the partner’s requirements, the end user will be asked to provide additional documents (e.g., registration certificates, bills from electricity/gas/telecommunications providers, wage statements, enrollment certificates) (“Additional Documents”) or have them photographed by the IAMX employee.

Information contained in the documents described in Step 4 will also be collected and matched by the IAMX staff or system with the data provided as part of Steps 2 and 3, to the extent necessary to identify the end user.

During the video identification, the end user receives an e-mail or SMS from IAMX with a centrally generated transaction number (“TAN”) assigned to the respective identification process. The end user sends this number back to IAMX during the video call when prompted to do so by entering it in a designated input field. IAMX verifies the correct entry on the system side and by an IAMX employee.

IAMX can only establish the End User’s identification if all documentation required for verification, as requested as part of the process by the IDnow application or IAMX employee, is provided by the End User.

IAMX transmits the data collected during the identification process (usually these are photographs of the front and back of the ID document, a photograph of the end user, the data collected from the ID document, and an audio and/or video recording of the conversation for the duration of the video call) to the partner for the purpose of identifying the end user. Thereafter, IAMX deletes the personal data from its servers within 90 days at the latest.

5. conclusion of the contract / the usage relationship

By clicking on the button “Start Identification”, the End User makes an offer to IAMX to conclude a contract in accordance with these GTC. The contract is concluded by the actual execution of the identification service.

Only natural persons can use the identification service.

6. obligations of the end user

The End User is obliged to provide IAMX with all documents required for the provision of the Identification Service in accordance with Section 4 of these GTC and to truthfully enter all information in the data fields provided.

To use the IDnow app, a suitable end device (e.g., a computer, smartphone, or tablet) is required, as well as an Internet connection. If the end user wants to use the identification service via a mobile device, this is only possible using the mobile app. This is available for end devices with the iOS operating system via the iOS App Store function and for Android via Google Play at https://play.google.com/store. It is the responsibility of the end user to ensure the performance and compatibility of the corresponding end device.

The end user shall keep the data provided to him by IAMX (e.g. transaction number and TAN) secret and protect it against use by unauthorized third parties. The End User shall inform IAMX immediately in case of suspicion of unauthorized use of his data.

7. remuneration

IAMX provides the identification service to the end user free of charge. IAMX receives a fee from the partner. Any fees for a data connection to the Internet required for the use of the identification service shall be borne by the end user.

8. liability

The liability of IAMX, its legal representatives and vicarious agents is excluded to the fullest extent permitted by law. The liability according to the product liability law remains unaffected.

9. data protection

We collect, process and use your personal data in accordance with the applicable data protection regulations. You can find details on this in our data protection declaration.

10. final provisions

Unless otherwise agreed, the End User may submit all declarations to IAMX by e-mail or letter:

IAMX AG

Dammstr. 16

6300 Zug

Switerzland

Legal (at) iamx id

For all identifications performed via IDnow applications, these GTC shall apply exclusively in the relationship between IAMX and the End User. The End User may only offset claims of IAMX against undisputed or legally binding counterclaims.

Swiss law shall apply.

Status: 16.02.2023