Algemene voorwaarden

If You are referred to GO.CAM by one of our Business Customers and wish to use Age-verification Solution rendered by GO.CAM, You are accepting these Terms and Conditions ("T&C").

Law no. 2020-936 (Chapter IX: Provisions relating to the protection of minors (Articles 21 to 24) ) requires website operators to verify a person’s age before allowing them access rights to certain websites and/or certain types of content shown on websites. The Business Customer is exploiting websites on which Law no. 2020-936 (Chapter IX: Provisions relating to the protection of minors (Articles 21 to 24) applies.

(hereinafter, "GO.CAM"; "we" or "our") will by means of the GO.CAM platform provide Age-Verification Services to the Business Customer that is verification and confirmation that the person wishing access rights to (certain) websites and/or certain types of content shown on websites as exploited by the Business Customer ("End User") is 18 years old and over.

The End User is the person whose age needs to be verified and confirmed for the Business Customer as the End User wishes access rights to certain websites and/or certain types of content shown on websites exploited by the Business Customer, which websites and/or content only can accessed by persons of 18 years old and over.

The objective of GO.CAM is to provide an effective, robust and legally secure solution for the age-verification and confirmation system, processed between End Users and Business Customers.

In order provide Age-Verification Services to the Business Customers, GO.CAM will need personal data and other information (the "Information") from the End User.

These terms and conditions (the "Terms and Conditions") govern the submission of the Information (the "Information") by the End User to GO.CAM for the purposes of Age-Verification.

You understand and agree that GO.CAM will provide the Age-verification Service to the Business Customer on the basis of the Information provided by You. The Age-verification Service is provided in order to allow for a transaction between You and the Business Customer, which will be subject to the Business Customer’s terms and conditions, to which You shall agree upon. Please carefully read these Terms and Conditions before submitting the Information.

DEFINITIONS

For the purposes of these Terms and Conditions, the following terms - when used capitalized herein - shall have the following meanings unless they are defined otherwise in this Terms and Conditions:

"Age-Verification": means the verification that the End User is not less than 18 years old.

"Age-Verification Methods": means the verification methods used by GO.CAM as set out under clause number two of these Terms and Conditions.

"Age-Verification Service": means the age verification services GO.CAM renders for the Business Customers in order to verify that the End User’s age is not less than 18 years.

"Age-Verification Solution" means a combination of Age-Verification Methods.

"Business Customer": means the online services provider individual or company for whom GO.CAM is rendering the Age-Verification Services, and whose website the End User wants to visit and/or whose online services and/or content the End User wants to access.

"End User Data" means any personally identifiable information of the End User provided by the End User through GO.CAM necessary to provide the Age-Verification Services by GO.CAM to the Business Customer.

"End User" means the individuals who use GO.CAM, in order to have their age verified so they are able to access age restricted content and/or access to websites that have restricted content and/or websites, which restrict access to certain features.

"GO.CAM", "we" or "our": means with an address at as well as the technology that provides age-verification arrangements to verify that the End Users accessing rights to certain websites and/or certain types of content shown on websites are not less than 18 years old. We will refer to GO.CAM in these Terms and Conditions, given that it is the commercial brand for the Services.

"Terms and Conditions": means the content of this document.

"Parties": End User and GO.CAM.

"Website Services": services the Business Customer provides to the End User that is to provide access rights to certain websites and/or certain types of content shown on websites.

CLAUSES

1. OBJECT.

1.1 The End User shall provide GO.CAM with the necessary End User Data in order for GO.CAM to verify - using Age-Verifications Methods – whether the End User is not less than 18 years old.

2. OTHER APPLICABLE TERMS.

2.1 The following additional terms also form part of theseTerms and Conditions and also apply to your use of GO.CAM:

• Our Privacy Policy, which sets out the terms on which we process any personal data we collect from You, or that you provide to us.

• Our Cookies Policy, which sets out how and which cookies we use.

3. AGE-VERIFICATION METHODS.

3.1 The End User does not need an account in GO.CAM and can use GO.CAM without creating an account before proceeding with Age Verification, provided that the End User is referred to the Age Verification by one of our Business Customers.

3.2 GO.CAM will carry out the Age Verification as follows:

(1) First GO.CAM shall execute the Age-Verification by way of face recognition whereby you have to take a selfie of yourself. We will make several snapshots of your face in a mixed combination of smiling/non-smiling poses, in order to verify that there is actually a live person in front of the camera.

(2) If the age we detected at the first step doesn’t satisfy the age of majority, we will execute the Age-Verification by way of identification of a provided government issued identification form. In this respect we ask you to provide a valid form of identification (ID card, driver license, passport) from which we will extract the relevant information we need in order to decide if you have the proper age to access the Website Services provided by our Business Customer. GO.CAM shall use/extract the data from the End User who chooses any of these: (i) ID card; (ii) driving license; and/or (iii) passport.

3.3 Absolutely no data are transferred between you/your device and GO.CAM’s servers. All the process takes place in your browser, on your device, without any piece of information being exchanged with us. In case of identification of a provided government issued identification form, the End User Data provided on GO.CAM consisting of a scanned copy / photo of the ID card, passport or driving license of the End User, will reside only on the End User’s device (PC/laptop/smartphone) and will be processed live without being stored on GO.CAM’s servers or network. All the communication between your device and the servers where GO.CAM application is hosted, is encrypted using a 2048-bit SSL certificate.

3.4 After the Age-Verification, we will only receive an answer stating either that your age is not less than 18 years old or that your age is less than 18 years old. We will use that answer to let the Business Customer know if he can provide/render the Website Services to You.

3.5 The Age-Verification Data used in the Age-Verification Methods used by GO.CAM cannot be reasonably known by another person other than the End User, without theft of fraudulent use of data or identification documents nor readily obtained or used by another person.

4. REPRESENTATIONS AND WARRANTIES.

4.1 The End User represents and warrants to GO.CAM that:

4.1.1 All Information used during the verification process by the End User is personal, truthful, accurate and owned by the End User.

4.1.2 The End User will not use any "worm", "virus", "malware" or use any device that could impair or injure GO.CAM or any other person or entity when using the GO-CAM platform;

4.2.3 The End User is generally familiar with the nature of the internet and will comply with all rules and regulations that may apply.

4.3 GO.CAM does not represent that the websites and/or the content shown on websites which the End User wishes to access after the Age-Verification is appropriate for the End User or available in locations other than France.

5. CONFIDENTIALITY.

5.1 GO.CAM agrees not to disclose any confidential information included in the End Users Data.

5.2 In case GO.CAM might be ordered by a Court or Administrative Authority to disclose information regarding the End Users Data provided by the End User, GO.CAM will NOT BE ABLE TO DISCLOSE such information, simply because GO.CAM does not store any personally identifiable information, as all the verification is processed in the End User’s device, without any data being transmitted and stored on the GO.CAM’s servers.

6. INDEMNIFICATION. LIMITATION OF LIABILITY.

6.1 Under no circumstances will GO.CAM be liable towards the End User with respect to any subject matter of these terms and conditions, tort (including negligence), strict liability or other legal or equitable theory, whether or not GO.CAM has been advised of the possibility of such damage, for indirect, incidental, consequential, special or exemplary damages arising from any provision of these terms.

6.2 GO.CAM is provided in an "AS IS" and "AS AVAILABLE" basis and we do not warrant or guarantee that any information, content, services or results available using GO.CAM are accurate or reliable or your use of the Age-Verification will be uninterrupted, secure, or free from error.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Unless otherwise stated, we are the owner or licensee of all intellectual property rights in GO.CAM, and in the materials published on it. Copyright laws and treaties around the world protect those works. All such rights are reserved.

7.2 Using our products or services does not give you ownership of any intellectual property rights in our products or services, or the content you access.

7.3 GO.CAM and the services and content provided by GO.CAM is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights and also may have security components that protect digital information. You agree that you will not take any action to interfere with anyone’s rights in their content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of content.

7.4 You may not use any of our trade names, trademarks, service marks, logos, domain names, etc.

8. MODIFICATION.

8.1 GO.CAM reserves the right to amend the provisions of the present Terms and Conditions that are minor in scope or nature, and to do so without citing any reasons, provided such modifications do not lead to the Terms and Conditions as a whole being changed. The Terms and Conditions applicable at any time will always be available on GO.CAM’s website.

9. DISPUTE RESOLUTION.

9.1 This Terms and Conditions shall be governed by and interpreted in accordance with the laws of France.

9.2 For any matter related to the interpretation or execution of this Terms and Conditions, the parties expressly waive to submit to any courts which might have jurisdiction over the subject matter, and agree to submit to the sole competence and jurisdiction of the Courts of the City of Marseille.

9.3 If any compulsory law or regulation states that the competent Courts shall be those of the domicile of the End Users or another, such compulsory laws shall prevail in relation to the competence and jurisdictional Courts applicable to this Terms and Conditions.

10. GENERAL PROVISIONS.

10.1 Force Majeure. If either party is prevented from performing or is unable to perform any of its obligations under this Terms and Conditions due to causes beyond the reasonable control of the party invoking this provision, including but not limited to acts of God, acts of civil or military authorities, riots or civil disobedience, wars, strikes or labor disputes (each, a "Force Majeure Event"), such party’s performance shall be excused and the time for performance shall be extended accordingly provided that the party immediately takes all reasonably necessary steps to resume full performance. If such party remains unable to resume full performance fifteen (15) days after the Force Majeure Event, the other party may terminate this Terms and Conditions upon written notice.

10.2 Severability. If any of the provisions of this Terms and Conditions is declared invalid or unenforceable by any Court or Administrative body such provisions shall be deemed several from the remainder of this Terms and Conditions and not affect the validity or enforceability of the remainder of this Terms and Conditions. In that case, such provisions shall be changed and interpreted to achieve the purposes of those provisions in as much as possible within the extent of relevant laws or judgment of the Court or Administrative body and taking into account the interpretation of the whole Terms and Conditions.

10.3 Survival. 5 (Confidentiality) and 9 (Dispute Resolution) shall survive termination or expiration of this Terms and Conditions for any reason. All other rights and obligations of the parties under this Terms and Conditions shall expire upon termination of this Terms and Conditions.

10.4 Assignment. GO.CAM shall be entitled to assign, sublicense, delegate or otherwise transfer any of its rights or obligations under this Terms and Conditions without the prior written consent of the other party if the assignee shall assume all rights and obligations under this Terms and Conditions.

10.5 Notices. All notices and other communications hereunder amongst the parties shall be in writing and done by email with confirmation receipt.

Either party may change its address by providing the other party with written notice of the change in accordance with this section.

10.6 Entire Terms and Conditions. These Terms and Conditions constitutes the entire Terms and Conditions between the Parties and supersedes all previous Terms and Conditions, oral or written, with respect to the subject matter of this Terms and Conditions.

10.7 No Third Party Beneficiaries. This Terms and Conditions shall be binding upon and inure solely to the benefit of the Parties hereto and their permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Terms and Conditions.

Last amended 10-12-2020