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MetaMap’s platform helps businesses understand the merits of their customers, recruits, or employees, to make better informed decisions. To do this, we need to make sure we can keep our platform running, which in turn requires our platform to be used responsibly.  

This Acceptable Use Policy is meant to help our customers—both the end users who use our platform to access services or employment opportunities, and the businesses who use our platform to assess the merits of these end users—understand what we consider to be irresponsible uses of our platform. If we identify a violation of this Acceptable Use Policy (in our sole discretion), we reserve the right to take steps necessary to protect our platform, including terminating or suspending a user’s account or access to our platform and services. Wherever possible and when we are allowed to do so, however, we will do our best to notify you before we need to take action under this Acceptable Use Policy.

Here’s what we won’t allow:

Platform Disruption

  • Compromising the integrity of our systems. This could include probing, scanning, or testing the vulnerability of any system or network that hosts our services, unless we have given you express permission to do so
  • Tampering with, reverse-engineering, or hacking our services, circumventing any security or authentication measures, or attempting to gain unauthorized access to our services, systems, networks, or data
  • Modifying, disabling, or compromising the integrity or performance of the services, or our systems, network or data.
  • Interfere with or disrupt the integrity or performance of any service or third-party data contained in such service.
  • Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.).  This includes overwhelming our system with large and sudden spikes in traffic or verification volume, which may require us to slow, throttle, or even temporarily pause your access to our services

    – If you are a business using our services, and you are aware of a potential spike in traffic (for example if you are releasing a new service, performing a migration, expanding to a new region, or enabling the service for an additional division of your business), it is essential that you notify us as soon as practicable so that we can plan for this and avoid having to take remedial action

Wrongful Conduct

  • Misrepresenting yourself (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, using measures designed to confuse biometric verification techniques, or falsely implying any sponsorship or association with MetaMap or any third party)
  • Using the services to violate the privacy of others, including publishing or posting other people’s private and confidential information without their consent
  • Using the services for any illegal purpose, or in violation of any laws (including data, privacy, sanctions, anti-corruption, and export control laws)
  • Modify, Copying, or Creating derivative works based on the services or any part, feature, function or user interface thereof
  • Decoding, reverse engineering, or decompiling a service
  • Accessing a service to (1) build a competitive product or service, (2) build a product or service using similar ideas, features, functions or graphics of the service, (3) copy any ideas, features, functions or graphics of the service, or (4) determine whether the services are within the scope of any patent.
  • Use the service to store or transmit malicious code.
  • Frame or mirror any part of any service, other than framing on our customer’s own intranets or otherwise for its own internal business purposes or as permitted by us.
  • Use the service to store or transmit infringing, libelous, or otherwise unlawful or tortious material.

Inappropriate Content

Uploading, sharing, submitting, or otherwise providing content that:

  • Infringes MetaMap’s or a third party’s intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right
  • You don’t have the right to submit
  • Is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic (including child pornography, which we will remove and report to law enforcement, including the National Center for Missing and Exploited Children), indecent, harassing, hateful
  • Encourages illegal or tortious conduct or that is otherwise inappropriate
  • Contains viruses, bots, worms, scripting exploits, or other similar materials
  • Could otherwise cause damage to MetaMap or any third party

In this Acceptable Use Policy, the term “content” means: (1) any information, data, text, software, code, scripts, photos, graphics, videos, messages, tags, interactive features, or other materials that you post, upload, share, submit, or otherwise provide in any manner to the services and (2) any other materials, content, or data you provide to MetaMap or use with the Services.

2. Data Processing Addendum

This Data Processing Addendum (the “Addendum”) is incorporated into the Master SaaS and Services Agreement (the “Agreement“) by and between MetaMap and Merchant. 

RECITALS

WHEREAS, the Agreement requires MetaMap to process certain personal information about Merchant’s customers on behalf of Merchant;

WHEREAS, the Parties wish to supplement the Agreement and to specify the terms governing MetaMap’s processing of this information, in order to ensure that privacy and confidentiality are maintained appropriately;

NOW, THEREFORE, in consideration of the agreements contained herein, the receipt and sufficiency of which are hereby acknowledged by this Addendum, the Parties agree as follows:

  1. DEFINITIONS AND SCOPE
    1. “Data Protection Legislation” means any privacy or data protection legislation that applies to MetaMap’s provision of the Services to Merchant, including European Union Regulation 2016/679 (the “General Data Protection Regulation”), as applicable.
    2. “Data Processor”, “Data Controller”, “Data Subject”, “Processing”, “Subprocessor”, and “Supervisory Authority” shall be interpreted in accordance with the General Data Protection Regulation;
    3. “Personal Data” as used in this Addendum means information that relates to, or could reasonably be linked with, to an identifiable or identified Data Subject relating to their engagement with Merchant (a “Customer”). Notwithstanding the foregoing sentence, Personal Data does not include information that MetaMap processes in the context of services that it provides directly to a consumer, such as through any consumer-facing applications;
    4. “Data Subject Request” as used in this Addendum means a request for access, erasure, rectification, or portability of your Customer’s Personal Data; and
    5. All other capitalized terms in this Addendum shall have the same definition as in the Agreement.
  2. DATA PROTECTION REQUIREMENTS
    1. Under the Agreement, MetaMap will process Personal Data relating to Customers. Specific details about the Personal Data that will be processed is described in Exhibit A to this Addendum.
    2. MetaMap will process this Personal Data as a Data Controller, and will use this Personal Data solely to provide and improve the Platform and Services.
    3. When MetaMap processes the Personal Data under the Agreement it will:
      1. notify you if, in MetaMap’s opinion, your instruction for the Processing of Personal Data infringes applicable Data Protection Legislation;
      2. notify Merchant promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Supervisory Authority relating to MetaMap’s Processing of the Personal Data;
      3. implement reasonable technical and organizational measures enabling Merchant to execute Data Subject Requests that Merchant is obligated to fulfill;
      4. upon request, provide reasonable information to help Merchant complete Merchant’s data protection impact assessments;
      5. upon request, provide Merchant with up-to-date attestations, reports or extracts thereof where available from MetaMap’s security and data protection auditors, to enable Merchant to assess MetaMap’s data protection practices;
      6. ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose the Personal Data
    4. In the course of providing the Services, Merchant acknowledges and agrees that MetaMap may use Subprocessors to process the Personal Data. MetaMap’s use of any specific Subprocessor to process the Personal Data must be in compliance with Data Protection Legislation and must be governed by a contract between MetaMap and Subprocessor restricting Subprocessor’s access to and use of the Personal Data. A current list of Subprocessors may be provided upon request. If you object to the appointment of a Subprocessor you may terminate the Agreement in accordance with the Agreement.
    5. In the course of providing the Services, Merchant acknowledges and agrees that MetaMap may transfer the Personal Data to third countries such as the United States and European Union. Such transfers will be conducted in compliance with Data Protection Legislation.
  3. SECURITY REQUIREMENTS
    1. MetaMap will implement and maintain appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure.
    2. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of Personal Data and appropriate to the nature of the Personal Data which is to be protected.
    3. In the event that MetaMap becomes aware of and confirms any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data (a “Security Breach”):
      1. MetaMap will notify the affected Merchant within 48 business hours of becoming aware of and confirming the Security Breach;
      2. In such notification, MetaMap will provide the following information, to the extent it has sufficient information to do so: (i) a detailed summary of the Security Breach; (ii) the Personal Data elements and number of records exposed and/or misused; and (iii) the corrective measures to be implemented by MetaMap;
      3. MetaMap will advise Merchant if MetaMap believes it is legally required to provide Customers or any other party with a notification of the Security Breach, and will provide Merchant with an advanced copy of any such notification;
      4. MetaMap will cooperate with the Merchant and any competent authority, and shall provide reasonable additional information or documents requested for such purpose in connection with such Security Breach, to the extent it is legally and contractually allowed to do so.
  4. MISCELLANEOUS
    1. In the event of any conflict or inconsistency between the provisions of the Agreement and this Addendum, the provisions of this Addendum shall prevail. For avoidance of doubt and to the extent allowed by applicable law, any and all liability under this Addendum, including limitations thereof, will be governed by the relevant provisions of the Agreement.
    2. The terms of this Addendum shall be subject to any choice of law and venue provisions in the Agreement.

Exhibit A:  Description of Processing

  1. SCOPE
    Name:  Customer and its Authorized Affiliates.
    Contact person’s name, position and contact details:
    Activities relevant to the data transferred under these clauses: Performance of the Services pursuant to the Agreement.
    Data Importer:  MetaMap
  2. CATEGORIES OF DATA SUBJECTS
    Customers of Merchant
  3. CATEGORIES OF PERSONAL DATA
    Customer can configure the Platform and Services to collect and process different Personal Data, at their discretion.  This Personal Data can include:
    – Full Name
    – Contact information (email, phone, physical address)
    – Government Identifiers
    – Biometric Information (facial photographs)
    – Financial Information
    – Professional Information
    – Device Information
  4. PURPOSE OF THE PROCESSING
    MetaMap will Process Personal Data as necessary to perform the Services pursuant to the Agreement, and as further instructed by Customer in its use of the Services.
  5. DURATION OF PROCESSING
    MetaMap will Process Personal Data for the duration of the Agreement, as specified in this Addendum, unless otherwise agreed upon in writing by the parties.
  6. TECHNICAL AND ORGANIZATIONAL MEASURES
    Data importer will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Personal Data uploaded to the Services, and will make reasonably available descriptions of such safeguards at the request of Merchant.

3. Platform Privacy Policy

MetaMap, Inc. (together, with its affiliates “MetaMap”, “we” or “us”) helps individuals control their personal information, and use their information to gain access to businesses and services around the world, including banks, payment processors, gig platforms, telcos, and employers who use our services as part of their hiring process. Privacy and data protection are at the very core of our business, and the MetaMap platform is built around the idea that you should control your own personal information. This Platform Privacy Policy explains how MetaMap collects, handles, and shares your personal information, and also explains what privacy rights you have over your personal information.

Scope

This Privacy Policy explains all of the ways that MetaMap collects and handles information about you when you or a merchant working with you uses our service to verify your identity.  If you are a merchant using our service, or if you are visiting our website or otherwise communicating with us, please refer to our Global Privacy Policy for information about our privacy practices.

What Information We Collect About You and Why

When our platform is used to verify your identity, we may collect the following types of information about you:

  • Contact information such as your name, address, email address, phone numbers, etc.;
  • Government IDs and ID numbers, or other documents (such as utility bills) you want to use to verify your identity;
  • Biometric information you provide us, such as a selfie;
  • Credentials you provide us to connect your accounts;
  • Financial information such as information about your bank accounts that you choose to connect; and
  • Device Information such as information about your mobile device, computer, browser, your IP address, your precise location, and information associated with cookies stored on your device.

We use this information at your direction to provide our services to our merchants, who use this information to verify your identity, conduct legal compliance checks (for example, to make sure you are not a sanctioned individual) and/or your eligibility for various products and services (for example, to determine whether you are eligible for a particular type of bank account, or to determine the terms of a loan). Additionally, we use this information to help all of our merchants more broadly assess risk and fraud, for example by providing them insights, reporting, and analytics. Finally, we may use this information (when permitted):

  • To meet our legal requirements, and to enable our merchants to meet their legal requirements;
  • To investigate or prevent suspected fraud, threats of harm or criminal conduct, or violations of our contracts or policies;
  • To provide merchant support or answer questions;
  • To improve our products and services, including to develop and test new products or features; and
  • To provide reporting and analytics.

When and Why Do We Share Your Information

When we process your personal information, we will share that information with parties you are already interacting with.  For example, if you use our service to prove your eligibility for a particular service or product offered by a bank, we will share your information with that bank on your behalf. We also share your information with service providers who help us offer our platform (for example the web hosting providers we use).  When we share your information in this way, we do so under a contract with the service provider.

Additionally, we may share your information:

  • to investigate or prevent suspected fraud, threats of harm or criminal conduct, or violations of our contracts or policies;
  • to help us conduct marketing and advertising;
  • to comply with legal requirements, or to respond to court orders or other similar government or legal demands; or
  • if we merge with or are acquired by another company.

Where We Send Your Information

We provide our services to merchants and individuals located around the world. As a result, we often need to transfer your information outside of your state or country, including to the United States. This data may be subject to the laws of the countries where we send it. When we send your information across borders, we take steps to protect your information, and we try to only send your information to countries that have relatively strong data protection laws.

If you are located in the European Union, the United Kingdom or Switzerland, when we transfer your information to the United States this information is protected by contractual commitments approved by the European Union called Standard Contractual Clauses.

How We Protect Your Information

We take the security of our platform very seriously, and do our best to try and protect your information. There is always, however, some risk associated with any technology that transmits or stores electronic information through the Internet.  This means we cannot guarantee the absolute security of your information, even while we do our best to protect it.

How We Use “Cookies” And Other Specific Technologies

Like most other online services, we use “cookies” and other technologies that collect information about you as you use our services. You can read more about the cookies we use on our website, the cookies we use to provide our software and services, and an explanation of how you can opt out of some of these cookies, in our Cookie Policy.

Your Rights Over Your Information

You may be located somewhere that offers you specific legal rights over your information.  Regardless of where you are located, however, we believe you should have the right to access and control your information. When we are allowed to do so, we will honor requests from you to access, cancel, oppose, delete, or correct your personal information, and will not penalize or discriminate against you for doing so.  To make such a request, please email us at privacy@metamap.com.  

While we would like to extend these rights to everyone, there are some situations where we are legally prohibited from doing so.  Specifically, when we handle your information solely on behalf of our merchants, we sometimes do so as a “data processor” to them, meaning that we do not have the legal right to respond to requests from you.  In those situations, we will let you know that we are unable to assist, and will try (to the extent possible) to direct your request to the relevant merchants.

We also explain where you may have specific additional legal rights below, in the section titled “Additional Information for Specific Regions.”

Additional Information for Specific Regions

Some countries require a “legal basis” for any processing of your personal information.  We primarily process your personal information at your direction and with your consent. Where we are not processing your personal data at your express direction, we generally do so based on our legitimate business interests, including:

  • To improve our products and services;
  • To conduct marketing; and
  • To provide customer service

For Merchants

If you are a merchant who uses our platform to help onboard or manage your customers (our end users), you should know that we are “data controllers” of data we receive about end users. 

Changes to this Privacy Policy

This Platform Privacy Policy explains our current standards for how we protect your personal data. As with any platform, we may occasionally need to make changes to our data protection practices, and you may check this document at any time to see our current practices.

How to Contact Us

If you would like to ask about or make a complaint about how we handle your information, please contact our Data Protection Officer at privacy@metamap.com.

Contact Information:
MetaMap, Inc.
2001 Gateway Pl., Suite 151E
San Jose, CA 95110
USA

Spanish Version
Portuguese Version

4. Free Tier Terms of Service

These Terms of Service (the “Terms”) govern your use of the “Free Tier” version of the platform (the “Free Tier Services”) offered by MetaMap, Inc. (“MetaMap”), accessible athttps://dashboard.getmati.com/signup These Terms do not alter in any way the terms or conditions of any other agreement you may have with MetaMap for products, services or otherwise. If you are using the Free Tier Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you violate these Terms.  In the event of conflict between this Agreement and any other written agreement between you and MetaMap for the purchase of a paid version of MetaMap Software-as-a-Service platform (the “Platform”), the latter shall prevail.

1. The Services

By using the Free Tier Services you acknowledge that you have read, understood, and agreed to be bound to all the terms here, as well as the policies referenced in these Terms, including our Platform Privacy Policy.  

The Free Tier Services are intended only to offer you the opportunity to evaluate the Platform on a trial basis.  At the moment, the Free Tier Services are only available to use for a period of three months or to complete 300 discrete verifications, whichever happens sooner.  MetaMap may change the limitations it places on the Free Tier Services in its sole discretion and at any time.  

MetaMap has no responsibility to provide you with any services, support, product, upgrades or other enhancements for or in connection with the Free Tier Services.  You should not rely on the Free Tier Services or the availability of the Free Tier Services to conduct your business – again, the Free Tier Services are only intended to allow you to evaluate the Platform.  MetaMap is under no obligation to create any product upgrades or enhancements to the Platform while you use the Free Tier Services.

2. Limitations

You may only use the Free Tier Services to evaluate the features, functionality and performance of the Platform.  

You must not:

  • decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover, in any way, any source code, programming, algorithms, design structure, interoperability interfaces, concepts, construction methods underlying ideas, or file formats of the Platform, for any purpose; 
  • remove any identification markings, including but not limited to copyright notices and trademarks, from the Platform; 
  • make any modification, enhancement, of the Platform, or incorporate the Platform, or any portion thereof, into or with any other software;
  • copy, sell, lease, assign, distribute or transfer in any manner or form, in whole or in part, of the Platform; 
  • use the Platform to assess whether the Platform or MetaMap infringe on any patents or third party intellectual property; or
  • use the Platform to develop or distribute any software product that competes in the marketplace with the Licensed Work or any then-current products or services of MetaMap.

3. Warranties

You represent and warrant that: (i) you have sufficient rights and all necessary consents for MetaMap to process any data (including any personal data) you send to MetaMap or the Platform (the “Data”); (ii) in the event that the Data include personal data or other data subject to legal or privacy requirements, your disclosure of the Data to MetaMap and MetaMap’s processing of the Data in accordance with these Terms will comply with all applicable privacy legislations; (iii) the Data do not and will not infringe on any third party intellectual property rights or violate any other third party proprietary, personal or publicity right including privacy right; (iv) the Data do not and will not contain obscene, libelous or defamatory material, any computer virus, Trojan horse, spyware, or other contaminating, malicious, or destructive feature or content.

You agree not to challenge, directly or indirectly, any right or interest of MetaMap in the Platform or the Free Tier Services nor the validity or enforceability of MetaMap’s rights under applicable law. You agree not to directly or indirectly register, apply for registration or attempt to acquire any legal protection for, or any proprietary rights in, the Platform or the Free Tier Services or to take any other action which may adversely affect MetaMap’s rights or interest in the Platform or the Free Tier Services in any jurisdiction.

You represent and warrant that you will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Platform and the Free Tier Services, including without limitation those related to data privacy, international communications, and export controls. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.

4. Disclaimers

As permitted by applicable law, the Platform and the Free Tier Services are provided “as is” and “as available.”  To the fullest extent permissible by applicable law, MetaMap hereby disclaims all express or implied representations, warranties, guarantees, and conditions with regard to the Platform and the Free Tier Services including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement, except to the extent that such disclaimers are held to be legally invalid. MetaMap makes no representations, guarantees or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the Platform or the Free Tier Services, materials associated therewith, or the results you may obtain by accessing or using the Platform or the Free Tier Services or materials associated therewith. 

Without limiting the generality of the foregoing, MetaMap does not represent or warrant that (a) the operation of the Platform or the Free Tier Services will be timely, secure, uninterrupted or error-free. You acknowledge that MetaMap transfers data through the Internet and that the Platform and the Free Tier Services may be subject to limitations, delays, interception and other problems inherent in the use of the Internet. MetaMap is not responsible for any delays, delivery failures, or other damage resulting from such problems.

5. Limitations of Liability; Indemnification

The Free Tier Services are meant to enable you to evaluate the suitability of the Platform, and are not provided for MetaMap’s direct financial benefit.  As a result, MetaMap shall not have any liability hereunder to you for any damages whatsoever, including but not limited to direct, indirect, special, incidental, punitive, or consequential damages, or damages based on lost profits, data or use, however caused and, whether in contract, tort or under any other theory of liability, whether or not you have been advised of the possibility of such damages.  The foregoing limitation shall be applied to the greatest extent permitted under applicable law.

Additionally, you will defend or settle any action or claim against MetaMap, our affiliates, and their respective shareholders, directors, officers, agents and employees, in connection with your use of the Platform or the Free Tier Services, and you will pay any costs, damages and reasonable attorneys’ fees attributable to such action or claim.

6. Third Party Services

MetaMap is not responsible for third parties or their content, data, apps, or sites (“Third Party Services”).  For instance, portions of the Platform may be integrated into or receive data from third-party sites, platforms and apps that MetaMap does not control.  Use caution when using Third Party Services and consult their terms of use and privacy policies.  MetaMap takes no responsibility for Third Party Services, and your usage thereof.

7. Notices

You may give notice to MetaMap at any time by communication sent to legal@metamap.com

8. Miscellaneous

These Terms, together with the relevant Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and MetaMap regarding your use of and access to the Free Tier Service. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. These Terms will be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and MetaMap agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California for the purpose of litigating all such disputes.

Last Updated: May 5, 2023