ACTIVE LIVENESS AND FACEMATCH | ID NUMBERS 200942 & 200943
The Supplier Technology used to provide Active Liveness and Facematch Datasets is supplied from GBG’s Supplier. GBG is obliged under the terms of its agreement with its Supplier to ensure that all End Users agree to comply with the following licencing provisions. These Additional Terms apply to all Active Liveness and Facematch Datasets. Individual Active Liveness and Facematch Datasets can be identified by the ID Number listed on the End User’s Order Form.
1. DEFINITIONS
1.1. In these Additional Terms, the following definitions shall apply, in addition to the definitions set out in the General Terms and Product Terms:
“End User Data” means any data provided to GBG by the End User for processing in accordance with the terms of the Agreement including where relevant any personal data
“Supplier Technology” means the software components provided by the Supplier that GBG incorporates into its own software and Services to provide facial detection and tracking in videos and images.
“Permitted Purpose” means the purposes, restrictions and or conditions for the use of the Dataset outlined by the Supplier as set out in the Additional Terms below, in addition to the Customer Use Case set out in the Agreement.
2. USE OF THIS DATASET
2.1. The End User acknowledges that the Supplier Technology that forms a component part of GBG’s Active Liveness and Facematch Services is provided by the Supplier and is subject to the following copyright notice:
Copyright © 2016 University of Southern California and University of Cambridge, all rights reserved.
2.2. The End User acknowledges that the Supplier uses the following additional open source software to deliver the Supplier Technology to GBG and the End User (“Open Source Software”). The End User shall comply with the additional licence terms associated with each Open Source Software listed below:
Open Source Computer Vision Library
• Copyright (C) 2000-2008, Intel Corporation, all rights reserved.
• Copyright (C) 2008-2011, Willow Garage Inc., all rights reserved.
• Third party copyrights are property of their respective owners.
• The name of the copyright holders may not be used to endorse or promote products derived from this software without specific prior written permission
• This software is provided by the copyright holders and contributors "as is" and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the Intel Corporation or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to; procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.
Boost Software
• Distributed under the Boost Software License, Version 1.0. (found at http://www.boost.org/LICENSE_1_0.txt)
• Boost Software License - Version 1.0 - August 17th, 2003
• THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Eigen
• Subject to the terms of the Mozilla Public License, v2.0. a copy of which is available at http://mozilla.org/MPL/2.0/
Thread Building Blocks
• Copyright 2005-2013 Intel Corporation. All Rights Reserved. This file is part of Threading Building Blocks.
• Threading Building Blocks is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation.
• Threading Building Blocks is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
• You should have received a copy of the GNU General Public License along with Threading Building Blocks; if not, write to the Free Software Foundation, Inc., 51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
• As a special exception, you may use this file as part of a free software library without restriction. Specifically, if other files instantiate templates or use macros or inline functions from this file, or you compile this file and link it with other files to produce an executable, this file does not by itself cause the resulting executable to be covered by the GNU General Public License. This exception does not however invalidate any other reasons why the executable file might be covered by the GNU General Public License.
2.3 The End User warrant that it will not this Dataset for any reason outside of the Permitted Purpose.
3. EXCLUSION OF WARRANTIES
3.1 The End User acknowledges that the Supplier Technology is not error-free, that it is provided "as is" and that specific results and uninterrupted running cannot be expected. GBG will use reasonable endeavours to resolve any faults with the Supplier Technology in accordance with its own Service support SLAs, however, the End User acknowledges and agrees that the existence of errors in the Supplier Technology shall not constitute a breach of the Agreement. Further, the Supplier shall not be required to load, test, debug, maintain or improve the Supplier Technology.
3.2 The Supplier provides no warranty, condition, undertaking or term, express or implied, statutory or otherwise, is given or assumed by the End User, including without limitation as to non-infringement or the condition, performance, satisfactory quality or fitness for purpose of the Supplier Technology and all such warranties, conditions, undertakings and terms are hereby excluded to the fullest extent permitted by law.
3.3. The End User agrees to bring any claim associated with this Dataset against GBG only and not the Supplier. The End User shall defend, indemnify and hold GBG harmless from and against any claims, demands, actions or causes of action arising from or in any way relating to claims brought against GBG by the Supplier as a result of the End User failing to comply with this clause 3.3.
4. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
4.1 GBG incorporates the Supplier Technology into its own Services and/or Software and does not transfer End User Data to the Supplier to provide this Dataset.
4.2 This service will perform face match and liveness tests, which involve processing of biometric data for identity document authentication purposes. This is a special category of personal data under Applicable Data Protection Law, which require explicit/written consent to be given by the data subject as a condition for processing such data. The End User acknowledges that GBG has no interaction with the data subject, and as a consequence it will be the responsibility of the End User to obtain the data subject’s explicit/written consent on GBG’s behalf, and inform the data subject that GBG is acting as a separate and independent controller, GBG’s role in the processing, and provide a link to GBG’s privacy notice, https://www.gbgplc.com/en/legal-and-regulatory/products-services-privacy-policy, prior to the collection and processing.
4.3 The End User warrants that it will obtain the data subject’s explicit consent in compliance with Applicable Data Protection Law. The End User further warrants that it shall retain records of such data subject’s explicit consent under applicable law, which shall not be for a period less than 12 months, and shall provide evidence of consent if requested either by GBG or the data subject.