Version: July 24, 2023
Client agrees to comply with the following terms and conditions applicable to the Identity Verification Services (“ID Verify Services”), which are provided by Jumio, a third-party vendor:
Client agrees to comply with the following terms and conditions in connection with services provided by Jumio:
1. Client acknowledges that Yardi is the reseller of the ID Verify Services. Client must contact Yardi with respect to any support and maintenance or any other issues or claims associated with Client’s use of the ID Verify Services.
2. Client will not take any adverse action, as defined in the United States federal Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., and including but not limited to declining an applicant or imposing conditions such as requiring a guarantor or additional security deposit, against any consumer based in whole or in part on information obtained through the ID Verify Services.
4. Client acknowledges that Client will provide consumers with all notices required by applicable data protection law and require all consumers using the ID Verify Services to give all permissions and written consent required for the collection and use of any personal data collected from consumers for identity verification purposes (including but not limited to, the consumer’s “selfie” or self-portrait image used in the delivery of the ID Verify Services) (“User Information”) including:
a. at the time the “selfie” is collected, notice describing why the User’s photo and other User Information are being collected and obtaining the consumer’s consent to use the photo and other data for the ID Verify Services;
b. the right to use, reproduce, distribute, transmit anonymize, and display the User Information (including any rights specifically pertaining to biometric information) solely necessary to develop, provide, and improve the Services, including the right for Jumio to grant equivalent rights to its service providers that perform services that perform part of or are otherwise used to perform the ID Verify Services; and
c. to perpetually and irrevocably use, reproduce, modify, create derivative works from, distribute, perform, transmit, and display User Information in an anonymized or aggregated form that does not identify individual persons or organizations in order to compile statistics regarding use of the ID Verify Services and to develop and improve the ID Verify Services including through machine learning techniques, provided that there will be no attempt to reidentify User Information that has been anonymized and technical safeguards and business processes that prohibit the reidentification of and inadvertent release of such User Information will be implemented.
5. Client acknowledges that the ID Verify Services are licensed and not sold, and Client’s use rights with respect to the ID Verify Services shall automatically terminate upon the termination of the term of use authorized under the Client’s underlying Agreement with Yardi.
6. Client is prohibited from: (i) attempting to modify or create any derivative works of the ID Verify Services; (ii) reverse engineering, decompiling, decrypting or attempting to discover any source code or underlying ideas or algorithms of any component of the ID Verify Services; (iii) providing, leasing, lending, transferring, assigning, sublicensing, using for timesharing or service bureau purposes or otherwise using or allowing the use of the ID Verify Services for the benefit of any third party, or; (iv) disclosing the results of any benchmark testing, technical results or other performance data relating to use of the ID Verify Services
7. Client acknowledges that in no event shall Jumio be liable to Client or any third party for: (i) claims, losses or damages arising from a data breach related to User Information, ID Verify transactions or transaction results, retained or otherwise stored, after Jumio has concluded the processing of those Transactions; or (ii) any loss of profits, indirect, special, incidental or consequential damages or for interruption of use or loss or corruption of data with respect to Client’s receipt and use of the ID Verify Services;
8. Client acknowledges and agrees that each identity verification result shall only be used for one User and for the ID Verify session in which it was initially requested. Client will not store, compile, or develop a database of such ID Verify results for any purpose other than to maintain historical records.
9. Client agrees that irrespective of the identity verification result, consumers may choose to apply for a lease at Client’s properties and Client may choose to seek additional information from any consumers who choose to use the ID Verify Services.
10. Client agrees to indemnify, defend, and hold harmless Jumio from and against any third party claims against Jumio, its affiliates, officers, directors, and employees arising out of or in connection with: (i) Client’s use of the ID Verify Services in violation of the terms set forth in these Terms and Conditions for ID Verify Services; and (ii) Jumio’s use of User Information except to the extent such claims arise from Jumio’s negligence, misconduct, breach of its contractual obligations, or violation of law.
11. Client agrees that Jumio is a third-party beneficiary of the terms set forth in these Terms and Conditions for ID Verify Services.