Terms and conditions | Bouncer Digital

Terms and Conditions

1. Welcome

Welcome to Bouncer.

This document covers the use of our application.

We are pleased that you have downloaded Bouncer (the "Application") and are considering using the Application (the "Products").
Before you start using our App, you must agree to these terms and conditions. Please read these terms and conditions carefully, together with any other terms and conditions we may make available to you from time to time, as they govern your use of our Products. These terms and conditions tell you who we are, how we may modify or terminate the contract between us and other important information. By accepting them and using our application, you agree to be bound by these terms and conditions. If you do not understand or do not wish to be bound by these terms and conditions, you should not register for an account on the app and should delete the app from your device. Please also read our Privacy Policy.
In the event of misuse of our application that may harm other users, we will abide by our published misuse policy. In the event of a conflict between these terms and conditions and our misuse policy, these terms and conditions shall prevail.
We recommend that you keep and/or print a copy of these conditions for future reference.
We are "Bouncer. When we talk about "you" in this document, we mean you as a natural person using our products for private, non-commercial purposes only, unless the functionality of our App expressly permits it or we authorize it in writing. When we talk about a "third party" we mean anyone other than "you" or us.
If you wish to use Bouncer as an organization or company ("organization") or on behalf of an organization, you must agree to accept and comply with the organization's terms and conditions presented to you when you create an organization account or accept an organization profile.

2. More information about Bouncer

The use of the application is free of charge and will always be free when you have to prove your age or identity to other people or companies, for example, when you store in a store, in a vending machine or on the Internet. We may charge you in the future for special features, but we will always give you three months' notice.
Bouncer products help you prove who you are, online and in person. Only you control the identity information you add to your App account and only you decide when you want to use the App to identify yourself to others.
We will not charge you for using the App, we will not share any of your personal information with third parties (see Privacy Policy). We reserve the right to charge third parties for receiving through our technology your validation as a person of legal age for the use of their services.
From time to time, Bouncer may create, develop and introduce additional features, functionality or services to our Products and, if necessary, we will update these terms and conditions accordingly as necessary.

3. Before creating your account in the App

You can only have one Bouncer application account.
Provided that you agree to and continue to comply with these terms and conditions, Bouncer grants you a non-exclusive, non-transferable license to use our App, which may be revoked at any time.
Currently, our Products are not intended for persons under the age of 13. To use our Products, you must be (and promise us that you are) over the age required in your territory to consent to the processing of your data (this age varies from territory to territory, but in the UK and USA it is 13 years). If your territory does not have a minimum age, we set it at 13 (and this is the case in India). If we believe or discover that you have not told us your true age (or have not received parental consent if required by your local law), we may suspend your use of our Products until you provide acceptable proof of your age (or parental consent). We advise parents and guardians to allow their children to use our Products and it is important that they communicate with them about how to manage their online safety.
Each person can only create one App Bouncer account. You will be able to add new identity documents to your existing App account.

4. Create and add information to your account in the App.

To create an account in the application you have to do five things:

1) Enter your email

2) Take a selfie

3) Scan your official ID card on both sides and the NFC (chip)

4) Create your password to complete your profile

5) Validate your email and cell phone number

We will keep your data for a maximum of 30 days to verify it, and then we will encrypt it so that even we cannot see it

Once you have downloaded our application, to create your account you will need to provide us with an email address that we will later validate by sending you an email with a validation link. When you provide us with this email, a temporary profile will be created in which we will store the personal information you provide in the subsequent identification steps.
We will ask you to scan and add an authentic and valid identity document (such as a passport or official ID) to the App account to confirm your age of majority to the third party and to be able to access their service. Your identity document itself, nor any of its data, will not be shared with the third party with whom you have chosen to validate your age using Bouncer.
To get an account on the App we will also ask you to complete a short proof of life test to prove that your face belongs to the same person that appears on the submitted ID and that you are a real person, and not a bot. This test could consist, for example, of repeating some words in a recorded video, or we might ask you to move your phone in relation to your face to capture several images or selfies (you will see the instructions for this at the time) and do a 3D biometric study of your face. The information will be processed on your phone automatically and, once validated by our technology, you will instantly receive a "validated" or "not validated".
During the proof of life you take when registering, we will store a biometric template of your face taken with a facial scanner, to verify for future logins to the App that it is always you trying to access your App account. A biometric template is a digital map of your face and, for your security, it is made in such a way that the original facial scan cannot be recovered from this template.
You will then create a password to access your App account in the future.
To finish creating your account you will go through a double security authentication process. You will need to provide us with an email address and a valid, authentic cell phone number. We will ask you to confirm the email address by sending a validation link to that email address, and we will ask you to confirm your mobile number by sending a one-time use code via SMS to that mobile number.
Once the information is entered and verified, it will be protected and locked separately by a private (encrypted) key, and Bouncer will not be able to see or access it. Only you will have the private encryption keys (unpredictable and unique numbers used to decrypt the information), stored on your cell phone or other devices, so only you will be able to access your App account. It is your responsibility to keep your cell phone and other devices secure and prevent others from having unauthorized access to them.
All App account creation instructions given in our App during the account creation process (and any modifications or updates to those processes) are also part of these terms and conditions.
While you are setting up your App account, adding information to your account or regaining access to your account, Bouncer may access the information you enter so that we can verify it.
The information you provide will be processed on your phone automatically and, once validated by our technology, you will instantly receive a "validated" or "not validated".
In case the identification process is "validated", every time you want to use the App to validate your age and have access to the third party's service, you will simply have to identify yourself by scanning your face (selfie), scan with your cell phone the QR code on the third party's website/vending machine, and we will send you an "access valid" or "access denied" code to use their services.

5. Use the application without creating an account.

You can also access the App, and use it without creating an account, by logging in as a "guest". We will ask you to perform a shorter registration process, without asking you to validate your email, phone or create passwords, but you must take into account that if you have not created an account every time you use the App you will have to go through the whole process of validation of official documents and biometric validation of your face (selfie). The process will consist of two steps:

1) Take a selfie

2) Scan your official ID card on both sides and the NFC (chip).

We will ask you to scan and add an authentic and valid identity document (such as a passport or official ID) to the App account to confirm your age of majority to the third party and to be able to access their service. Your identity document itself, nor any of its data, will not be shared with the third party with whom you have chosen to validate your age using Bouncer.
To get an account on the App we will also ask you to complete a short proof of life test to prove that your face belongs to the same person that appears on the submitted ID and that you are a real person, and not a bot. This test could consist, for example, of repeating some words in a recorded video, or we might ask you to move your phone in relation to your face to capture several images or selfies (you will see the instructions for this at the time) and do a 3D biometric study of your face. The information will be processed on your phone automatically and, once validated by our technology, you will instantly receive a "validated" or "not validated".
We will not store your data, once your age is validated in the App you must scan with your cell phone the QR code on the web / vending machine of the third party, and we will send a code of "valid access" or "access denied" to make use of their services. We will not share in any case personal data (See Privacy Policy).

6. Closing/deleting your App account

You can close your App account at any time by selecting the "Delete Account" or "Delete Account" option under "Settings" in your profile within the App menu.
To be sure of your identity we will perform a two-factor authentication. We will ask you to take a selfie to confirm that it is really you requesting to delete the account, and we will ask you for a PIN that we will send to your cell phone by SMS.
We reserve the right to immediately suspend your App account and access to our App and to terminate these terms and conditions, and therefore your right to use the Products, without liability to you if, in our opinion, you are not complying with these terms and conditions, or if you misuse our Products or if your continued use of our Products is harmful to any party or third party.
We reserve the right to terminate some or all of our services, and therefore your right to use the Products, at any time at our discretion and without liability to you, upon at least 30 days prior notice via the App.
If either you or we close the App account, you will lose access to your account and all information and services associated with it. We may need to retain some registration and deregistration records for regulatory reasons.
Once your App account is closed, we will remove from our server all identifying attributes, all biometric data you have used, all other "non-identifying" attributes (such as email), all associations to pages and applications created and all possible "remember me" IDs (the IDs that identify a user returning to an integrated service).
Whether you or we close the App account, you must delete the App from your device immediately after closing your account.

7. Use of our technology by third parties or companies (Business Portal account)

If you are a third party or a company, you can use our technology (Business Portal account) to validate your website or vending machine and receive age validation data ("access valid" or "access denied") from users using the application. If you do so, you alone will be responsible for your content, services and products. If you do not act responsibly, we may suspend or terminate your application account and deny your use of our technology.

You can access and use our Enterprise Portal account (this is where you can create pages and applications that allow users to access your services) at the address www.portal.bouncer.global or any other domain address updated by Bouncer and notified to you as appropriate. You can use the Portal to create and manage pages and applications.

If you use our Portal account to set up pages and applications, you must only use it (and any information contained in it) in accordance with the requirements of this section.

Content standards: you must make sure that everything you put on your website or vending machine:

is accurate and complies with applicable law;
does not contain information that is defamatory, obscene, inflammatory or discriminatory on the basis of race, sex, religion, national origin, disability, sexual orientation or age;
does not promote sexually explicit material, violence or any illegal activity;
does not infringe the intellectual property rights (including copyrights, database rights or trademarks) of any other person;
is not fooling anyone;
does not breach any legal obligation to third parties;
is not threatening or abusive and does not invade another person's privacy or cause annoyance, inconvenience or unnecessary anxiety;
is not likely to harass, annoy, embarrass, embarrass, alarm or inconvenience another person;
is not used to impersonate any person, or to misrepresent someone's identity or affiliation with any person;
does not encourage, promote or assist in the commission of illegal acts, including copyright infringement or computer misuse.

Suspension and Termination: If Bouncer determines, in its sole discretion, that you as a company or third party have violated the above content standards, Bouncer may, without limitation:

temporarily suspend, or permanently terminate, your right to use the Application, including the Enterprise Portal;
take legal action against you to recover costs arising from the breach;
take the necessary legal action;
disclose such information to law enforcement authorities if we believe it is reasonably necessary.

Security: You must access the Business Portal using your Individual Account on the App or otherwise using the login information we provide to you from time to time. Only you, or persons authorized by you, may use the App to access the Portal and you are responsible for keeping all passwords and other access information secure and confidential.

Sharing Enterprise Portal Links You may share URL links to your pages and application login screens within the Enterprise Portal, provided that you do so in a fair and legal manner, do not harm our reputation, and maintain the above security criteria. You may not display links in a manner that suggests any form of association, approval or endorsement by Bouncer where this does not exist. We reserve the right to remove linking functionality without notice.

8. Application and product availability

We do our best to keep the application running all the time, but sometimes we have to stop it to fix problems.

Our goal is to ensure that you can access and use our App and Products at all times. However, use of our App and Products may occasionally be interrupted by maintenance, repairs or upgrades or other factors beyond our control and we cannot guarantee that they will always be available. We will do our best to notify you of such situations as soon as possible after we become aware of them, but we will not be liable under any circumstances for any loss or damage caused as a result of any such interruption to the availability of our App and Products, except as provided below in section 14 (Our liability to you).

9. Intellectual Property

We own and have the right to use all ideas, software and designs of the application.

We are very proud of our Products and, we are sure you understand, they contain valuable intellectual property, business know-how and other confidential information. This means that you must not do any of the following:
Copy, sell, give away, transfer or market our Products to third parties;
Modify, reuse, disassemble or decompile our Products or any part thereof;
Reverse engineer our Products or any part thereof (this means to analyze our Products in order to determine their function or structure, whether or not with the intention of recreating or modifying them); or
Translate or create derivative works (adaptations) based on our Products or any part thereof.
For the purposes of these terms and conditions, Bouncer is the sole owner or licensee of all intellectual property, know-how, business knowledge and other confidential information in or derived from or related to our Products.

10. Use of the application and products

We trust that you will make prudent and lawful use of our Products, but please note that you must:
- Do not use or interact with our Products if you intend to commit any illegal, fraudulent, dishonest, dishonest, anti-social, unethical, abusive, threatening or invasive behavior;
- Use our Products solely for your private, non-commercial use (unless expressly permitted by the App's functionality or authorized by us in writing);
- Not to damage, interfere with or disrupt in any way the integrity or operation of our Products;
- Not to offer in any way, sublicense, lease, rent, sell or make available to third parties our Products or any of their services without our prior written consent;
- Do not use or interact with our Products in any unlawful, fraudulent or dishonest manner or for any improper purpose. In particular, please note that, under the laws of your country, it may be a crime to create, possess and/or use fraudulent, forged, counterfeit, falsified, counterfeit or improperly obtained documentation. It is illegal to impersonate another person, for example, by using their identity documents. If we become aware of or suspect any activity on your part that contravenes this section, we reserve the right to suspend your App account, to report you to the relevant authority or agency, or to take any other action that we, in our discretion, deem necessary for the protection of our users and/or our business or reputation, and we will retain a copy of your data for further anti-fraud proceedings or as required by law. If false or inaccurate information is provided and fraud is detected, the data may be passed to fraud prevention agencies to prevent fraud, money laundering and other crimes. You can learn more about how the information will be used by fraud prevention agencies by emailing privacy@bouncer.global.
- If we know or have reasonable grounds to suspect that your activity violates this section, we reserve the right to take all appropriate steps to investigate and deal with the consequences of a violation. See also our Misuse Policy.

11. Other legal aspects of the general conditions

We may update these Terms from time to time, and will inform you when we do so. This section explains which company Bouncer is dealing with and how to file a complaint by sending an email to hello@bouncer.global :

Your rights and obligations under these terms and conditions may not be transferred, assigned, sub-licensed, sub-contracted, traded or otherwise dealt with without our prior written approval. No other person has any right to enforce any of these terms and conditions, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We may change or add to these terms and conditions from time to time, for example, to reflect any changes: (i) in our policies or relevant laws and regulatory requirements; (ii) in the functionality of our Products; or (iii) imposed on us by a third party. If we make any changes, we will notify you and refer you to the revised terms and conditions the next time you use our App. If you do not understand or agree to the revised terms and conditions, you must stop using our Products and close your App account (in accordance with section 7 on closing/deleting your App account). We will always post the most current version of the terms and conditions on our website and App.
Each of these conditions operates separately, which means that if a court or other relevant authority decides that any condition cannot be applied, the others will remain in full force and effect.
Our failure to enforce any of our rights under these terms and conditions does not mean that we are unable or unwilling to enforce that right at a later time.
The law applicable to these general terms and conditions and the courts before which any litigation will be handled are the Spanish courts.
You are contracting our services with Bouncer Digital S.L., a company registered in Spain with company number B72926405 and whose address is Calle Fernando VI 28004 Madrid, Spain. Subject to any mandatory requirements of your local law that override this paragraph, EU law applies to any dispute or claim arising out of these terms and conditions or the use of our products (whether in contract or tort) and each of us must bring legal proceedings in the courts of law of the European Union.
If you have a dispute with us, please contact us at hello@bouncer.global and we will attempt to resolve the dispute informally. If we are unable to resolve a dispute informally, you can submit it for resolution online to the European Commission's online dispute resolution platform. For more information, click here: http://ec.europa.eu/consumers/odr/. You and we will also have the option to resolve the dispute by judicial means.
The Spanish version of these conditions prevails.

12. And finally...

Please note that if you access your App account through our website, for example, to check your activity or manage your profile, these terms and conditions will also apply to the extent necessary for your use of the website.
If you wish to contact us, you can do so by sending an e-mail to hello@bouncer.global.