1 Apr 2021
Please read the following terms and conditions carefully before purchasing our services. These are the terms and conditions on which we supply services (currently known and run as TrueProfile.io and previously known and run as DataFlowPlus.org) to you.
- 1. Information About Us and How to Contact Us
- 1.1 Who we are
We are Dataflow Verification Services (Hong Kong) Ltd. ("DataFlow") a company registered in Hong Kong. Our company registration number is 1796253 and our registered office is at Room 2207, 22/F, Causeway Bay Plaza 2, 463-483 Lockhart Road, Hong Kong.
- 1.2 How to contact us
You can contact us by writing to us at help [at] trueprofile.io or the address in paragraph 1.1.
- 1.3 How we may contact you
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us when you subscribe to receive our services. When we use the words "writing" or "written" in these terms, this includes emails.
- 1.1 Who we are
- 2. Our contract with you for the provision of TrueProfile.io services
These terms and conditions govern the supply of services by DataFlow to you. The services that DataFlow performs include:
(a) providing a facility for you to upload identity, professional and qualification documents (including but not limited to passports, diplomas and reference letters) as well as still and live images of your likeness to our website at TrueProfile.io (or such other domain as we may choose from time to time) ("our site") or to the websites or applications of third party providers in relation to specific verification services as notified to you and in accordance with the terms of our Privacy Notice;
(b) verifying such documents with primary sources (including but not limited to universities and previous employers) in order to confirm that the documents presented by you are consistent with those on the files of the verifying parties, whereupon such documents become "TrueProofs", and conducting static and dynamic comparisons between your face in front of a camera and the photo on your identity document in order to verify your identity; and
(c) uploading your TrueProofs to the Ethereum blockchain (for more information on this process please see paragraph 4 (TRUEPROOFS) in our Privacy Notice) so that third parties with the required authorisation to do so, including without limitation your prospective employers or governmental agencies, may confirm that your documents have been verified via a simple lookup procedure on our proprietary blockchain;
(d) if necessary, providing confirmation to those third parties by means other than our proprietary blockchain;
(e) conducting searches of publicly available and private databases via our CrossCheck service to cross reference and match the personal data you provide to us (your name and work history) to other personal data held about you in the following datasets (in accordance with our Privacy Notice and applicable law):
- Diploma mills/unaccredited universities;
- Medical risk;
- Suspect employers;
- Suspect diploma mills/suspect unaccredited institutions and issuing authorities;
- Professional misconduct;
- Politically Exposed Persons (PEP);
- Special interests;
- Sanctions lists;
- Other official lists;
- Other exclusion lists; and
- Any information you have made public (including social media content), including without limitation that concerning or comprising illegal or unlawful behaviour.
(f) providing the opportunity to be approached by prospective employers that are our business partners to invite you to discuss employment opportunities with them if you are interested (the "Connect Service", which allows employers to send you a request to verify your documents via our site and enables them you to review the status of a verification) subject to your ability to control what third parties can see on your page via the Digital CV Profile Visibility page.
(g) providing you with the ability to share, by accessing the "Share" button in the navigation bar in your Digital CV page, a weblink to your Digital CV page with whomever you want e.g. prospective employers, on third party platforms or via communication tools; and
(i) providing you with the ability to share a TrueProof directly via your account on the LinkedIn platform with a badge that demonstrates to viewers of your LinkedIn page that you have a certification or qualification verified by Digital CV as a TrueProof.
You acknowledge and accept that DataFlow makes no warranty as to the authenticity of any contact request and disclaims all liability in respect thereof.
(together, the "Services").
You may purchase the Services through our site. If you purchase the Services, you will be a TrueProfile.io Premium member, which entitles you to the Premium features of the Service. If you do not purchase the Services, but you are an existing account holder on our legacy DataFlowPlus.org site, you have paid for a document verification service through us in the past, or you are using a voucher code to request verification of a particular document or set of documents, you will be able to create TrueProofs but you will not be able to benefit from the Premium features of the Service.
Please note that the Premium Service is a subscription based service with an annual fee, which will renew automatically on every anniversary of your initial subscription date without notification. You can check the status of your subscription in your account settings and you may cancel at any time. In the event that you cancel your Premium subscription, you will not be entitled to a refund or partial refund, but you will still be able to benefit from the Premium Service until the expiry of the subscription period paid for. If you have paid for a Premium subscription but you then notify us to cancel your subscription before the next renewal date and do not then renew your subscription, or if your payment method is no longer valid as at the Premium subscription auto renewal date and payment is rejected, then as of the next auto renewal date, your subscription will be cancelled and you will not be able to benefit from the Premium features of the Service.
The Premium features of the Service are currently as follows:
- • Ability to download a legacy report obtained through our previous DataFlowPlus.org website (as well as components contained therein) in the updated form of a TrueProof;
- • Ability to print TrueProofs and Digital CV webpage in a presentable format;
- • Ability to allow others to perform straightforward verifications of your TrueProofs on the blockchain via the process at trueprofile.io/validate;
- • Other features that we may add from time to time.
- 2.4 How we will accept your order
How we will accept your order: Our acceptance of your order for the Services will take place once you have submitted your letter of authorisation (allowing us to contact third parties to verify your data) and your data to us by clicking on "Submit your data" at the end of the checkout process and we send you an email to confirm receipt of your order and payment for our services, at which point a contract will come into existence between you and us, governed by these terms and conditions. We will not perform any Services for which we have not been paid in full by you.
- 2.5 If we cannot accept your order
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Services. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Services.
- 2.6 Your order number
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- 3. Providing the Services
We will begin the Services as soon as reasonably practicable following the date we accept your order.
- 3.2 What will happen if you do not give required information to us
We may need certain information from you so that we can supply the Services to you, for example, your date of birth, identification document number and copies of relevant qualifications. You acknowledge that the completion of the Services depends on you providing complete and accurate information to us, and upon the provision of information by institutions that have issued your qualifications and by other third parties. If you do not give us the information required, or if you give us incomplete or incorrect information, we will not be able to perform the Services for you and will remind you in writing of the outstanding information required. If you still do not supply the information required within a reasonable time after receipt of our reminder in writing, we may refuse to process your order further and cease providing you with the Services, in which case these terms and conditions shall cease to apply to you as regards the Services and Clause 11 (Consequences of termination) will apply) For further information on how Dataflow uses your personal data, please see our Privacy Notice.
- 3.3 DataFlow cannot and does not
We will not be responsible for a failure to supply the Services in a timely manner or to supply any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
a) guarantee or warrant that the Services are accurate, complete, current, and suitable or fit for a particular purpose;
b) guarantee any particular result in relation to the Services, not limited to an offer of employment from a business partner or other third party; and / or
c) guarantee the accuracy of information provided by third parties and DataFlow does not itself validate the information provided by the relevant academic institution or corporate entity.
- 3.4 We may suspend the supply of Services to you
a) in order to deal with technical problems or make minor technical changes;
b) in order to update the Services to reflect changes in relevant laws and regulatory requirements.
- 4. Payment for the Services
The payment process is initiated online through our site. We accept payment with all major credit cards, by bank transfer and by PayPal. Whichever payment method you choose, payment is made and confirmed to us through a third-party payment service provider. You will be asked to follow the instructions and accept the terms and conditions of the payment service provider before proceeding with payment. We may alter the payment methods available from time to time.
We will only start providing the Services once we receive confirmation from our third-party payment service provider that your payment has been made by one of the available methods.
The price of the Services subscription or package will be the price indicated on the order pages when you place your order. We may make changes to these Terms and Conditions, to our site and to the Services and will use our best endeavours to notify You of any proposed changes before such changes take effect.
If you receive a verification request from a business partner in relation to your application for employment with them, or you reached our site by following a verification request link on the business partner's recruitment page on their website where it is stated that you must verify your documents through TrueProfile, you will be required to register as a member and pay the fee indicated on the landing page when you click on the link in the verification request in order to proceed with your application.
- 5. We may make changes to these terms and conditions and to the Services
We may change the Services to reflect changes in relevant laws and regulatory requirements, but will as far as possible deliver the Services as described to you at the time you placed your order. We may also change the Services and to implement minor technical adjustments and improvements, for example to address a security threat, to implement new features or to enhance your user experience.
- 6. Your rights and obligations in relation to the Services
- 6.1 Your rights if we suspend the Services
We will contact you in writing in advance to tell you we will be suspending the Services if for any reason (whether within or outside our control) we expect that the suspension will mean that we cannot perform any of the Services for an indefinite period of time. In this event, you may contact us in writing to terminate these terms and conditions and obtain a refund. We may in our reasonable discretion provide you with a refund for the Services in proportion to the number of documents you have submitted for verification for which the Services have not been completed and will be delayed due to the said suspension, deducting an amount for the Services that we have completed at the time that we notified you of the intended suspension of the Services. The amount deducted will be in proportion to what has been performed, in comparison with the full extent of the Services ordered.
- 6.2 Changing your mind about receiving the Services
If you have just changed your mind about receiving the Services where we have started to perform the Services, and in all cases where we are not at fault, you will not be entitled to a refund, regardless of whether the Services have been completed or not.
- 6.3 Breach of these terms and conditions
DataFlow may deny you access to the site and terminate the Services and these terms and conditions, in DataFlow's sole discretion, if you fail to comply with these terms and conditions in a material way. In such an event, and where DataFlow is not at fault, DataFlow will notify you and may in our sole discretion provide you with a refund for the Services, deducting an amount for the supply of the Services that we have completed and that we have started to perform at the time that we became aware of your breach of these terms and conditions. The amount deducted will be in proportion to what has been performed, in comparison with the full extent of the Services ordered.
- 6.4 Your rights to amend the default settings concerning the Services
You have the right to amend your settings at any time so as to set your default response to any business partner that locates your profile by searching the Member database and sends you a message via our site to "reject" either indefinitely, or for a pre-defined period of time, or to consent to business partners contacting you directly in relation to any potential employment opportunity. You can change these settings at any time from within the Profile Visibility on your Digital CV page.
We reserve the right to decline any contact request sent to you by a business partner if you do not reply within 3 days of the request being sent.
You shall not forward on or transfer any contact request or message sent to you by a business partner via our site and shall keep strictly confidential both the content and the existence of the contact request or message, the identity of the business partner and any other information relating to the business partner or the employment opportunity referred to in any communications between you and business partner. You shall indemnify and hold us harmless from any loss or claim resulting from your failure to keep such information confidential.
- 6.1 Your rights if we suspend the Services
- 7. Information uploaded by you to our site
Whenever you make use of a feature that allows you to upload content to our site, you warrant that you will comply with these terms and conditions and that you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty, including due to any virus, malware, bug, inaccuracy, falsehood or defect in any documents or other content you upload to our system.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties (in an anonymised form, where applicable) and to do all things necessary so that we may provide the Services to you. For further information on how Dataflow uses your personal data, please see our Privacy Notice.
You are solely responsible for securing and backing up your content. DataFlow accepts no liability for loss of any content that you provide to us.
You warrant and represent that all data that you upload to the TrueProfile.io site or provide to DataFlow is true, accurate and not misleading.
- 8. Information submitted to DataFlow by third parties concerning your documents
In the event that any third party whom we have been authorised to contact in accordance with your letter of authorisation (e.g. a university you have attended) reviews a document or information submitted to our site and responds to DataFlow with feedback including, without limitation, questions, comments, suggestions, or the like regarding your documents or any information contained therein, our site, or any item that is not provided with an expectation of confidence, such information shall be deemed to be non-confidential and DataFlow shall have no obligation of any kind with respect to such information.
DataFlow shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works from, and distribute such information to others without limitation, and to authorize others to do the same. DataFlow may incorporate this information into TrueProofs.
DataFlow shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. In consideration of DataFlow 's continuing efforts to enhance and improve these products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to DataFlow without any compensation. You agree to execute any and all documents that DataFlow may reasonably request in connection with confirming DataFlow's ownership of and unlimited right to use such ideas, concepts, know-how and techniques.
For further information on how Dataflow uses your personal data, please see our Privacy Notice.
- 9. Disclaimers and Limitation of Liability
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We make no representations or warranties as to the time it will take to complete the Services once we have accepted your order. This does not affect any terms implied into these terms and conditions by applicable law.
Under no circumstances, including, but not limited to, negligence, shall DataFlow be liable for any indirect, special or consequential damages that result from the performance (or non- performance) of the Services, even if DataFlow or its representative has been advised of the possibility of such damages, including, without limitation:
- a) loss of profits, sales, business, or revenue;
- b) business interruption;
- c) loss of anticipated savings;
- d) loss of business opportunity, goodwill or reputation; or
- e) damage to property.
You acknowledge and accept that, in delivering the Services to you, we shall not be liable for the processing or disclosure of any data, including personal data obtained legitimately from a publicly available or private database or from the public domain insofar as such use or disclosure is in accordance with applicable law.
In no event shall DataFlow's total liability to you from all damages, losses, and causes of action (whether in contract, or otherwise) exceed the amount you paid to DataFlow for the Services to be rendered to you, if any, whether paid through our site or otherwise.
- 10. Indemnity
You acknowledge and agree that you will be liable to us and indemnify us for any loss we suffer (including without limitation third party claims) as a result of your use of the Services, including without limitation the provision by you or a third party of information and any action taken by us or any third party on the basis of that information, unless such loss is caused by our gross negligence or fraud.
- 11. Intervening events
We are not responsible for any delay in performing, or failure to perform, the Services if such delay or failure results from events, circumstances or causes beyond our reasonable control. If our supply of the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the events, circumstances or causes.
- 12. Termination and consequences of termination
These terms and conditions are effective and binding on you and on DataFlow unless and until terminated by either you or DataFlow.
DataFlow may terminate these terms and conditions and the supply of Services at any time by giving you notice in writing. If we do so, and provided you are not in breach of these terms and conditions, we shall provide you with a refund for any outstanding Services in according with the mechanism set out in Clause 6.1.
In the event that we notify you of a Service suspension in accordance with Clause 6.1, you may terminate these terms and conditions as regards the Services and we may grant you a refund in accordance with that Clause 6.1.
Upon any termination of these terms and conditions by either you or DataFlow, you must promptly destroy all materials downloaded or otherwise obtained from our site, as well as all copies of such materials, whether made under these terms and conditions or otherwise, save that you shall be entitled to keep any copies of your TrueProofs in your possession.
- 13. Which territory's laws apply to any disputes?
These terms and conditions, their subject matter and their formation are governed by the laws of Hong Kong S.A.R. You agree that the courts of Hong Kong will have exclusive jurisdiction to hear disputes arising under or in connection with these terms and conditions.
- 14. Other important terms
We may transfer our rights and obligations under these terms and conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms and conditions.
You may only transfer your rights or your obligations under these terms and conditions to another person if we agree to this in writing.
These terms and conditions are between you and us. No other person shall have any rights to enforce any of the terms.
If a court finds part of these terms and conditions illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these terms and conditions, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaching these terms and conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.