Stripe Identity Terms

Last updated: June 14, 2021

These Stripe Identity Verification Terms (“Terms”) apply to your use of the Stripe Identity Verification Services (defined below) and any data you obtain through the Stripe Identity Verification Services. Do not accept these Terms or use the Stripe Identity Verification Services if you or your company is prohibited from doing so by applicable Law.

1. Relationship to Stripe Agreements

1.1 Stripe Agreements. When you use the Stripe Identity Verification Services, you expressly agree to the terms and conditions of these Terms, the Stripe Services Agreement, and all updates and modifications Stripe makes to either from time to time, if any. These Terms supplement the Stripe Services Agreement, which generally governs your use of Stripe Services and is incorporated into these Terms by reference. To the extent that there is a conflict between the Stripe Services Agreement and these Terms related to the Stripe Identity Verification Services, these Terms will prevail. Capitalized undefined terms used in these Terms have the meaning given them in the Stripe Services Agreement.

1.2 Stripe Services Agreement Version. The version of the Stripe Services Agreement incorporated into these Terms is the version that applies to the jurisdiction in which your Stripe Account is established. If the name of your jurisdiction does not appear in the title of the page accessible via the relevant Stripe Services Agreement link, you may contact Stripe and Stripe will provide the correct link to you.

2. Definitions

“ID Image” means an image that the Stripe Identity Verification Services capture from an individual, including an image of the individual or their identification document.

“Stripe Identity Services Documentation” means the Documentation, along with other documentation that Stripe makes available to you (including via email and the Dashboard), relating to the Stripe Identity Verification Services.

“Stripe Identity Verification Services” means a set of Stripe APIs that enable Stripe to collect and verify, and Stripe and you to store, information regarding individuals for the purpose of verifying the identity of those individuals, which services are further described in the Stripe Identity Services Documentation. The Stripe Identity Verification Services are “Services” under the Stripe Services Agreement.

“Verifiable Individual” means an individual who submits their Verification Data using the Stripe Identity Verification Services.

“Verification Data” means all data, information, photos, ID Images, and documents (including copies of documents) submitted through the Stripe Identity Verification Services. Verification Data is included in “Data” under the Stripe Services Agreement.

3.Use of the Stripe Identity Verification Services

3.1 Use of the Services. Subject to the terms and conditions of these Terms, you may, during the term of these Terms, use the Stripe Identity Verification Services in accordance with these Terms and the Stripe Identity Services Documentation.

3.2 Ownership of Stripe Identify Verification Services IP. As between you and Stripe, Stripe, its affiliates and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks, service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in, the Stripe Identity Verification Services (collectively, “Stripe Identity Verification Services IP”) and all copies of the Stripe Identity Verification Services IP. Stripe Identity Verification Services IP is protected by copyright, trade secret, patent, and other intellectual property Laws, and all rights in Stripe Identity Verification Services IP not expressly granted to you in these Terms are reserved.

3.3 License. You are granted a nonexclusive and nontransferable license to electronically access and use the Stripe Identity Verification Services IP only in the manner described in these Terms. Stripe does not sell to you, and you do not have the right to sublicense the Stripe Identity Verification Services IP. Stripe may make updates to the Stripe Identity Verification Services IP available to you automatically as electronically published by Stripe, but Stripe may require action on your part before you may use the Stripe Identity Verification Services IP (including activation through the Dashboard, or acceptance of new or additional terms). Stripe may revoke or terminate this license at any time if you use Stripe Identity Verification Services IP in a manner prohibited by these Terms.

You must not: (a) claim or register ownership of Stripe Identity Verification Services IP on your behalf or on behalf of others; (b) sublicense any rights in Stripe Identity Verification Services IP granted to you; (c) import or export any Stripe Identity Verification Services IP to a person or country in violation of any country’s export control Laws; (c) use Stripe Identity Verification Services IP in a manner that violates these Terms or applicable Laws; or (e) attempt to do any of the foregoing.

3.4 Permitted Uses. You must use the Stripe Identity Verification Services only:

(a) in a commercial capacity;

(b) for the purpose of verifying the identity of Verifiable Individuals to the extent necessary to satisfy your compliance obligations under applicable Law; prevent fraud as related to, or misuse of, your own goods and services; and improve the safety or security of your business, operations and services;

(c) for your businesses and activities that are listed on the Stripe Identity Permitted Businesses list; and

(d) for your businesses and activities that are conducted in the territories in which Stripe makes the Stripe Identity Verification Services available, which are listed in the Stripe Identity Services Documentation.

3.5 Restricted Uses. You must not, and must not enable or allow any other party to:

(a) access or use the Stripe Identity Verification Services for any purpose related to the adult entertainment or pornography industry;

(b) provide the Stripe Data you receive in connection with the Stripe Identity Verification Services to any third party, except as required by applicable Law;

(c) use the Stripe Identity Verification Services, any Stripe Data you receive in connection with the Stripe Identity Verification Services, or any Verification Data to create or support a product that competes with the Stripe Identity Verification Services;

(d) access or use the Stripe Identity Verification Services, the Stripe Data you receive in connection with the Stripe Identity Verification Services, or the Verification Data in a manner that would violate any Law including, if applicable, for any “permissible purpose” as defined in the United States Fair Credit Reporting Act;

(e) reuse or disseminate the Stripe Data you receive in connection with the Stripe Identity Verification Services for any purpose; or

(f) access or use the Stripe Identity Verification Services to verify the identity of an individual who is under the age of 16.

3.6 Further obligations.

(a) If required by applicable Law, you will provide an individual with an alternative means of verification that does not involve processing any biometric information.

(b) If an individual does not consent to using the Stripe Identity Verification Services, then Stripe is not obligated to perform the Stripe Identity Verification Services and you are solely responsible for providing an alternative means of verification to that individual.

(c) You acknowledge that you have read and understand these Terms as they relate to the Stripe Identity Verification Services, and all Stripe Identity Services Documentation, including any Privacy Center information, regarding the operation of the Stripe Identity Verification Services.

3.7 Alternate Services. The onboarding process for the Stripe Identity Verification Services does not entitle you to use other Services. If you wish to use other Services, Stripe may require you to complete a separate onboarding process and risk assessment.

3.8 No agency. Stripe is an independent service provider to you and is not acting as your agent in any capacity when providing the Stripe Identity Verification Services.

3.9 Fees Link. Stripe will provide the Stripe Identity Verification Services to you at the rates and for the fees (“Fees”) described on the Pricing page, or on the Identity pricing section, each incorporated into this Agreement.

4. Use of Data

4.1 Stripe’s Use of Verification Data. Stripe and its affiliates use, process, analyze and manage Verification Data to (a) provide the Stripe services; (b) mitigate fraud, financial loss, or other harm to users or Stripe; and (c) analyze, develop and improve Stripe’s products, systems, and tools. Stripe provides Verification Data to its affiliates, and to service providers that perform services in connection with the Stripe Identity Verification Services. As part of the Stripe Identity Verification Services, Stripe will generate and provide to you verification results and OCR results from any documents submitted through the Stripe Identity Verification Services, which results are “Stripe Data” under the Stripe Services Agreement.

4.2 User’s Use of Verification Data and Stripe Data. Subject to the terms and conditions of these Terms, you may use the Stripe Data that Stripe makes available to you solely for the purpose of receiving the Stripe Identity Verification Services in connection with the underlying purpose you disclosed to Stripe when you were onboarded to use the Stripe Identity Verification Services. You may use copies of the Verification Data that Stripe makes available to you solely for the purposes described in your agreements with Verifiable Individuals.

5. Representations and Warranties

5.1 No Warranty.Stripe does not represent or warrant that the Stripe Identity Verification Services will enable you to fulfill your obligations under applicable Law, including with respect to Anti-Money Laundering (“AML”) and Know Your Customer (“KYC”) requirements. You are solely responsible for complying with all of your obligations under applicable Law, including with respect to AML and KYC.

5.2 You represent and warrant to Stripe that your use of the Stripe Identity Verification Services will comply with all applicable Law, and that you will not use the Stripe Identity Verification Services for any “permissible purpose” as defined in the United States Fair Credit Reporting Act, or in a manner that would violate the United States Gramm–Leach–Bliley Act, the United States Driver’s Privacy Protection Act, the United States Health Insurance Portability and Accountability Act, the General Data Protection Regulation (EU) 2016/679, or other substantially similar Laws.

6. Privacy and Data Protection

6.1 In connection with each verification request that is submitted to the Stripe Identity Verification Services, you must use the API to provide to Stripe a link to the version of your online Privacy Policy that applies to the Verifiable Individual (“Your Privacy Policy”).

6.2 Your Privacy Policy must, at a minimum, state:

(a) that you and Stripe are each independent controllers of the Verification Data that is submitted to the Stripe Identity Verification Services, and that Stripe will process its own copy of the Verification Data in accordance with our Privacy Policy and these Terms;

(b) the process through which Verifiable Individuals can submit data subject access requests to you, and provide your contact information for this purpose;

(c) the ways in which you will use Verification Data, including, if required by applicable Law, whether you will sell or disclose Verification Data;

(d) if required by applicable Law, the alternative verification methods that you make available to individuals who do not consent to be verified by the Stripe Identity Verification Services; and

(e) all other information that you are required to include by applicable Law.

6.3 As part of the Stripe Identity Verification Services, Stripe will provide notice and obtain consent from Verifiable Individuals as indicated in the Stripe Identity Services Documentation to allow Stripe to provide the Stripe Identity Verification Services. You must obtain all other consents that are required for your use of Verification Data.

6.4 Your Privacy Policy must not contain any terms that contradict Stripe’s or Stripe’s services providers’ use of Verification Data as authorized by the Verifiable Individual or as described in these Terms.

6.5 You must implement and maintain safeguards and security controls that are reasonable for the size, nature, and maturity of your business and industry to protect Verification Data and Stripe Data against unauthorized access, use and disclosure.

6.6 If there is any event that requires Stripe to send a data subject notification to Verifiable Individuals related to your use of the Stripe Identity Verification Services, including a data breach or required notice of updates to our Privacy Policy, you will assist Stripe in notifying Verifiable Individuals, including by emailing those Verifiable Individuals on behalf and at the direction of Stripe.

7. Audit

7.1 You will provide information and documentation that Stripe requests for the purpose of ensuring your compliance with these Terms, including information and documentation that verifies or supports your:

(a) use, access and receipt of the Stripe Identity Verification Services, Stripe Data and Verification Data;

(b) industry, business activities, licensing and regulatory standing; and

(c) purpose for using the Stripe Identity Verification Services.

7.2 You must respond to Stripe’s requests for information and documentation promptly, but no later than 14 calendar days after Stripe’s request.

8. Termination; Survival

8.1 Stripe may suspend or terminate your access to the Stripe Identity Verification Services:

(a) at any time upon 30 days’ Notice; or

(b) immediately on Notice, if (i) you are in breach of these Terms; (ii) you fail to provide information or documentation Stripe requests under Section 7 above; or (iii) there is a material change in any applicable Law, or interpretation of it; or

(c) automatically without Notice, if (i) another agreement between you and Stripe (including the Stripe Services Agreement, if applicable) is terminated, or your Stripe Account is suspended or closed; or (ii) your use of the Stripe Identity Verification Services, in Stripe’s reasonable opinion, violates applicable Law or could cause harm to Stripe, its service provider, or other Stripe users.

8.2 Survival. The following provisions will survive termination of these Terms: 3.2 (Ownership of Stripe Identify Verification Services IP), 4.1 (Stripe’s use of Verification Data), 7 (Audit), 8.2 (Survival), 9.2 (Data Stripe Stores for its Own Purposes), and 10 (Indemnity).

9. Retention and Deletion of Data

9.1 Data Stripe Stores on Your Behalf.

(a) You instruct Stripe to store on your behalf a copy of the Verification Data for a period of 3 years following verification, or a shorter period as you may instruct in accordance with the Stripe Identity Services Documentation. You are solely responsible for determining the appropriate storage period for your copies of Verification Data in compliance with applicable Law.

(b) Upon termination of these Terms, Stripe will automatically delete copies of Verification Data that Stripe has stored on your behalf.

9.2 Data Stripe Stores for its Own Purposes. Notwithstanding Section 9.1, Stripe may retain a copy of Verification Data as long as permitted under applicable Law.

10. Indemnity

In addition to your defense and indemnification obligations under the Stripe Services Agreement, you agree to defend the Stripe Entities against any Claim brought by a third party against a Stripe Entity, and you agree to fully reimburse the Stripe Entities for all Claims that result from your misuse of the Stripe Identity Verification Services, or your breach of these Terms.

11. Regional Terms

For Stripe Accounts located in Australia and New Zealand, Stripe will provide some or all of the Stripe Identity Verification Services from systems located within the United States or other countries outside of Australia and New Zealand. Stripe may transfer Verification Data outside Australia and New Zealand to provide the Stripe Identity Verification Services. If required by applicable Law, you must obtain consent from Verifiable Individuals before using the Stripe Identity Verification Services.

12. Beta Services Terms

12.1 Beta Services. Stripe may indicate that the Stripe Identity Verification Services, with regard to a particular release or feature, or as offered in certain countries or regions, are classified by Stripe as “beta”, “pilot”, “limited availability”, “invite only”, or “pre release” (“Beta,” and the Beta portion of the Stripe Identity Verification Services, “Beta Services”). You understand that Beta Services are still in development, may have bugs or errors, may be feature incomplete, and may be subject to material change. You further understand that the Beta Services may be generally available in some countries while still classified as Beta in others. Despite any other provision of these Terms to the contrary, you understand and agree that your use of or reliance on the Beta Services is subject to the Beta classification, which will continue in force until Stripe removes the classification.

12.2 Modification to Beta Functionality. Beta Updates: Stripe has no obligation whatsoever to provide any bug fixes, error corrections, patches, or service packs for, or any revisions, successors, or updated versions to, the Beta Services, or any part of them, while the Beta classification is in place (all of the foregoing, if made available by Stripe, “Beta Updates”). However, if Stripe provides or makes available any Beta Update, you must fully implement the Beta Update within the time period specified by Stripe or 30 days after Stripe makes the Beta Update available, whichever is sooner.

12.3 Availability and Updates During Beta Period. Stripe may make updates, changes, repairs, or conduct maintenance at any time, and with or without notice, which may result in changes in the availability or quality of the Beta Services. In addition, Stripe may suspend your access to the Beta Services with or without notice, including if Stripe reasonably believes that (a) suspending the Beta Services is required by applicable Law; (b) continuing to provide the Beta Services would place Stripe in breach of any obligation Stripe owes to a third party; or (c) Stripe determines that continuing to provide the Beta Services would give rise to an unacceptable security or privacy risk. Stripe may also terminate your access to the Beta Services if Stripe, in its sole discretion, stops offering the Beta Services completely or in your jurisdiction.

12.4 Fees. Stripe may, at its discretion, provide Beta Services free of charge. Stripe may charge Fees for your use of the Stripe Identity Verification Services at any time (a) upon 30 days’ advance notice to you; or (b) after removing the Beta designation.

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