Third Party Products and Terms - Version 1.0
These terms will take effect on 28 March 2023.
Why do you need to read this page?
Some of our services are powered by products provided by other companies, including those listed under ‘Data Providers’ at https://www.thirdfort.com/terms/third-party-service-providers/ ("Third Party Products").
To use Thirdfort, you will need to agree to the applicable terms and conditions from the third parties in relation to the respective Third Party Products.
Section 1: Understanding how Third Party Products help power Thirdfort
This section explains:
What and how Third Party Products help power our Services; and
Which parts of the Services will be subject to the Third Party Terms.
This section does not set out an exhaustive list of the Third Party Products we use, nor does it form part of the Third Party Terms.
How do our services work?
We have two types of verification checks:
App-based (Standard ID and Original ID): this type of checks will be initiated by you and the individual being verified will receive an SMS prompt to download the App and carry out the tasks required on their mobile device.
Desktop-based (Lite ID and Lite Document Check): this type of checks will be initiated and completed by you without any further input needed from the individual or entity being verified.
Which data providers help power Thirdfort products?
Below is a breakdown of the features provided by data providers and the Thirdfort products they power. Please note that a feature may appear in multiple Thirdfort products.
Section 2: Third Party Product Terms
The terms set out in this section apply to those elements of the Services that are provided to Thirdfort by the following Third Party Product providers.
A. Onfido Limited (“Onfido”)
B. Experian Limited (“Experian”)
C. IVXS UK Limited (“ComplyAdvantage”)
D. iProov Limited (“iProov”)
Definitions in this section 2:
Part A: Onfido Limited
1. The terms set out in this Part A apply to those elements of the Services ("Onfido Services") that are provided to Thirdfort by Onfido Limited ("Onfido").
2. The Thirdfort Client acknowledges and agrees the Onfido Services are based on information that was not collected, in whole or in part, for the purpose of serving as a factor in establishing a Consumer’s eligibility for credit or insurance to be used primarily for personal, family or household purposes, employment, or any other similar purpose. Accordingly, Thirdfort Client shall not use any Onfido Services as part of its decision-making process for determining a Consumer’s eligibility for credit, insurance or any other similar purpose. For the avoidance of doubt, this clause is not intended to prohibit the Thirdfort Client from using the Onfido Services for the purpose of verifying a Consumer’s identity.
Part B: Experian Limited
1. The terms set out in this Part B apply to those elements of the Services that are provided to Thirdfort by Experian Limited ("Experian"), including the storage and/or processing through CrossCore (Experian’s on-demand, web-based tool for fraud and ID verification assessment) ("Experian Services").
2. The following definitions apply in this Part B:
2.1 "Derivative Output" means information, data and materials that are derived, prepared or generated by Experian and/or its sub-contractors within Experian’s environment pursuant to (and/or as a consequence of) the Experian Services, including search footprints but excluding the Thirdfort Client Data;
2.2 “Experian Data” means any of the data and/or databases and/or scores supplied by or sourced from Experian to the Thirdfort Client in connection with the Agreement but excluding the Thirdfort Client Data; and
2.3 “Experian Materials” means any of the items developed and/or licensed by Experian to Thirdfort and the Thirdfort Client in connection with the Agreement but excluding Experian Data.
3. The Experian Services shall be subject to the burden (but not the benefit) of the applicable Experian terms of service.
4. The Thirdfort Client may use the Experian Services to perform identity verification for the purposes of the prevention or detection of fraud and to assist in preventing money laundering (which purposes for the avoidance of doubt shall exclude the provision of any bureau services to any third party).
5. The Thirdfort Client shall promptly provide to Thirdfort full details of all complaints relating to the Experian Services made by a Consumer or other individual to whom the Experian Services relate. The Thirdfort Client shall cooperate with Thirdfort and Experian to resolve any such complaints. If Thirdfort receives a complaint relating to the Experian Services, the Thirdfort Client shall cooperate with Experian and Thirdfort to resolve that complaint and shall respond promptly, and in any event within 5 working days, to any request for information relating to the complaint.
6. Experian may release updates, which may modify CrossCore, from time-to-time ("Updates"). Experian agrees that it will use reasonable endeavours to ensure that such Updates will not result in a material reduction in the level of performance or availability or functionality of CrossCore or the latest version of Experian Services.
7. If Thirdfort is aware that implementing CrossCore or an Update will result in a material reduction in or unavailability either of (i) other Experian Service(s) or (ii) third party services the Thirdfort Client is currently using, Thirdfort will make commercially reasonable efforts to notify the Thirdfort Client 90 days before the required implementation of CrossCore or the relevant Update. Thereafter, the Thirdfort Client and Thirdfort agree to cooperate in transitioning to the current version of the Experian Services or third-party service(s) that allow for proper access to such service(s) through CrossCore following the Update, subject to the Thirdfort Client paying the applicable and reasonable professional services fees at Thirdfort’s then-current rates. If such transition is not possible or practicable within the allotted time or at all, Thirdfort will not be required to continue to facilitate delivery of such service(s) through CrossCore following the Update and may terminate the Thirdfort Client’s use of CrossCore, any of the Experian Services provided via CrossCore and/or any other Experian Services in its discretion.
8. In order for Thirdfort to provide the Experian Services to the Thirdfort Client and in order for Experian to comply with the licence terms which British Telecommunications plc and/or other third party suppliers of telephone number data require, the Thirdfort Client:
8.1 appoints Experian as its agent under the Agreement for the purpose of using Thirdfort Client Data to carry out directory enquiry searches for and on behalf of the Thirdfort Client;
8.2 authorises and instructs Experian to:
(a) use any retrieved telephone numbers resulting from such directory enquiries for the sole purpose of comparing such telephone numbers against any telephone numbers contained within the relevant and applicable data and producing a score based upon whether there was or was not a match of telephone numbers; and
(b) incorporate the score referred to in clause 8.2(a) into the overall score delivered to Thirdfort in connection with the Experian Service; and
(c) instructs and confirms to Experian that telephone numbers retrieved from such directory enquiry searches are for use as input into the comparison process described in clause only and Experian is not required to return such telephone numbers to the Thirdfort Client.
9. To the extent that the Experian Services comprise Royal Mail NCOA® Alert Data, the Thirdfort Client agrees to the terms of the End User Agreement required by Royal Mail which may be accessed at https://thirdfort.com/terms/royal-mail-eula.
10. Experian Services are not intended to be used as the sole basis for any business decision, and are based upon data which is provided by third parties, the accuracy and/or completeness of which it would not be possible and/or economically viable for Experian to guarantee. Experian Services also involve models and techniques based on statistical analysis, probability and predictive behaviour. Experian is therefore not able to accept any liability, for:
10.1 any inaccuracy, incompleteness or other error in the Experian Data which arises as a result of data provided to Experian by the Thirdfort Client or any third party;
10.2 any failure of the Experian Services to achieve any particular result for the Thirdfort Client.
11. If Thirdfort reasonably believes the Experian Services have been used in breach of these Third Party Terms by a Thirdfort Client:
11.1 Thirdfort shall be entitled to suspend provision of the Experian Services;
11.2 the Thirdfort Client shall, cooperate fully with Thirdfort’s investigations into such use; and
11.3 Thirdfort and the Thirdfort Client shall use all reasonable endeavours to resolve the investigations and recommence provision of the Experian Services.
12. Thirdfort grants the Thirdfort Client a non-exclusive licence to use any Experian Data and/or Experian Materials provided to Thirdfort solely as part of the Experian Services in the United Kingdom for the Thirdfort Client to perform identity verification in connection with the prevention or detection of fraud and to assist in preventing money laundering. This licence granted will automatically expire on termination of the Agreement for any reason.
13. The Thirdfort Client grants Thirdfort and Experian a royalty free, non-exclusive, non-transferable licence to use and copy the Thirdfort Client Data which is provided to Thirdfort or input into any of Experian’s databases as part of the Service under or in accordance with the terms of the Agreement for the Purpose and/or for Thirdfort to comply with any requests made to Experian under statute.
14. The Thirdfort Client agrees that it will:
14.1 use the Experian Services, Experian Data and/or Experian Materials solely in connection with the Thirdfort Service, provided as part of the Experian Service;
14.2 not sell, transfer, sub-license, distribute, commercially exploit or otherwise make available to, or use for the benefit of, any third party any of the Experian Services, Experian Data and/or Experian Materials;
14.3 not (and will not allow any third party to) adapt, alter, modify, reverse engineer, de-compile or otherwise interfere with the Experian Data and/or Experian Materials without the prior written consent of Experian or as otherwise permitted by law;
14.4 only take such copies of the Experian Data and/or Experian Materials as are reasonably required for the use of the Experian Data and/or Experian Materials in accordance with the Agreement;
16. All Intellectual Property Rights in the Experian Materials, the Experian Data and the Derivative Output will remain vested in Experian (or its relevant licensors) and to the extent that any rights in such materials and data vest in the Thirdfort Client by operation of law, the Thirdfort Client hereby assigns such rights to Experian.
Part C: IVXS UK Limited trading as ComplyAdvantage
1. The terms set out in this Part C apply to those elements of the Services ("ComplyAdvantage Services") that are provided to Thirdfort by IVXS UK Limited trading as ComplyAdvantage ("ComplyAdvantage").
2. The following definitions apply in this Part C:
2.1 “ComplyAdvantage Data” means all data held within ComplyAdvantage’s databases, other than Thirdfort Client Data, that is accessible to the Thirdfort Client through use of the ComplyAdvantage Services;
2.2 “ComplyAdvantage Material” means written documentation and content, verbal, electronic and other information, databases, computer software, ComplyAdvantage Software, designs, drawings, pictures or other images (whether still or moving), the ComplyAdvantage Site, sounds or any other record of any information in any form belonging to ComplyAdvantage but for the avoidance of doubt not including the Thirdfort Client Data or other material belonging to the Thirdfort Client;
2.3 “ComplyAdvantage Site” means ComplyAdvantage's website at www.complyadvantage.com, or other websites that ComplyAdvantage choose to operate and provide ComplyAdvantage Services through; and
2.4 “ComplyAdvantage Software” means ComplyAdvantage's data management and manipulation software made available by ComplyAdvantage to the Thirdfort Client.
3. The Thirdfort Client shall not:
3.1 use the ComplyAdvantage Services in any way that does or may bring the ComplyAdvantage Services or ComplyAdvantage into disrepute;
3.2 use the ComplyAdvantage Services in a manner which is unlawful, harmful, threatening, abusive, harassing, tortious, indecent, obscene, libellous, menacing or invasive of another person’s privacy;
3.3 use the ComplyAdvantage Services in a manner which infringes the Intellectual Property Rights, proprietary or personal rights of any third party, including data subjects;
3.4 attempt to extract ComplyAdvantage's data in bulk; or
3.5 use any ComplyAdvantage Data or ComplyAdvantage Material, or release any ComplyAdvantage Data or ComplyAdvantage Material to third parties, except as authorised in writing by Thirdfort or as permitted under the Agreement.
4. ComplyAdvantage Data is made available only for the Thirdfort Client’s use as part of the ComplyAdvantage Services and must not be made public by the Thirdfort Client unless required by law. By making the ComplyAdvantage Data public or using it other than for the purposes for which it is provided, the Thirdfort Client may be in breach of the Data Protection Legislation. The Thirdfort Client shall not transfer or access the ComplyAdvantage Data outside of the European Economic Area unless subject to legally enforceable mechanism(s) for transfers of personal data as may be permitted under Data Protection Legislation from time to time.
5. The Thirdfort Client shall ensure that all ComplyAdvantage Data and ComplyAdvantage Material are kept secure and shall use appropriate security practices and systems applicable to the use of the ComplyAdvantage Data and ComplyAdvantage Material to prevent, and take prompt and proper remedial action against, unauthorised access, copying, modification, storage, reproduction, display or distribution of the ComplyAdvantage Data and ComplyAdvantage Material. Such appropriate security practices shall not be of a standard lower than the steps that the Thirdfort Client takes to protect the Client Data or its Confidential Information of a similar nature.
6. If the Thirdfort Client becomes aware of any misuse of any ComplyAdvantage Data or ComplyAdvantage Material, or any security breach in connection with the Agreement that could compromise the security or integrity of the ComplyAdvantage Data or ComplyAdvantage Material, or otherwise adversely affect ComplyAdvantage, or if the Thirdfort Client learns or suspects that any password or other security feature has been revealed to or obtained by any unauthorised person, the Thirdfort Client shall, at the Thirdfort Client’s expense, promptly notify Thirdfort and fully co-operate with Thirfort to remedy the issue as soon as reasonably practicable.
7. The Thirdfort Client’s obligations regarding the retention and protection of the ComplyAdvantage Data and ComplyAdvantage Material survive termination of the Agreement for any reason.
8. The Thirdfort Client understands and acknowledges that:
8.1 ComplyAdvantage gives no opinion and makes no recommendation in relation to persons appearing in the ComplyAdvantage Data; and
8.2 results derived from Thirdfort Client’s use of the ComplyAdvantage Services should not be used to draw any automatic conclusion, or relied upon in isolation to make a decision, relating to any person flagged or not flagged in the course of the Thirdfort Client’s use of the ComplyAdvantage Services.
Part D: iProov Limited
The Thirdfort Client agrees to comply with iProov Limited’s Acceptable Use Policy as available from time to time at https://www.iproov.com/legal/acceptable-use.