Part A - Google Ireland Terms - applicable if you or your Client(s) are using the Verify with Google Wallet services to verify end users located in the European Economic Area (European Union countries plus Iceland, Liechtenstein, and Norway) or Switzerland.

Part B - Google LLC Terms - applicable if you or your Client(s) are using the Verify with Google Wallet services to verify end users located in the rest of the world i.e. outside of the European Economic Area (European Union countries plus Iceland, Liechtenstein, and Norway) or Switzerland.

Part A - Google Ireland Terms 

Verify with Google Wallet Verifier Registrar Terms of Service 

If you or your Client(s) are using the Verify with Google Wallet services to verify end users (as defined below as VGW Users) located in the European Economic Area (European Union countries plus Iceland, Liechtenstein, and Norway) or Switzerland, by entering into these Terms you are contracting with Google Ireland Limited (“Google Ireland”), with offices at Gordon House, Barrow Street, Dublin 4, Ireland, and Google Ireland is the provider of such services, subject to the Verify with Google Wallet service being publicly available in a specific country or region.   

These Verify with Google Wallet (“VGW”) Verifier Registrar Terms (“VGW Verifier Registrar Terms”) form a legally binding contract between Google Ireland and the party agreeing to these terms (“you”, “your”, or the “Verifier Registrar”, as further defined below).  By accessing, using, processing, and/or storing VGW Data (defined below), Verifier Registrar agrees to these VGW Verifier Registrar Terms.  Collectively, we refer to these VGW Verifier Registrar Terms, any additional terms, and any applicable policies and guidelines as the "Terms."  These Terms are effective as of the date you electronically accept these Terms (the “Effective Date”).

 

When we refer to “Google,” “we,” “us,”  and “our,” below we mean Google Ireland and its affiliates. Google may update the Google entities and their addresses from time to time. 

 

You agree to comply with the Terms and that the Terms control your relationship with Google Ireland. So please read all the Terms carefully. If you use VGW Data in conjunction with other Google products or services, then the terms for those other products or services also apply.

 

Section 1: Definitions

 

1. "Brand Features" means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, and in the case of Verifier Registrar, of its Client(s).
2. “Client” or “Relying Party” means the person or entity that is provided a verification service by the Verifier Registrar and may, if applicable, have access to use, processes, and/or stores VGW Data in order to verify user age, identity, other attributes, or credentials. 
3. “Product” means your Client(s)’ goods and/or services that legitimately require them to verify the age, identity, other attributes, or credentials of their end users in order for their end users to access or use those goods and/or services.
4. “Verifier Registrar” means the entity accepting these Terms, which entity has contractual relationships with Client(s) through which it provides certain services, one of which is facilitating verification services. 
5. “VGW Data” means any data relating to an individual or that identifies, describes, is linked or linkable to that individual (any such individual, a “VGW User”, and collectively “VGW Users”) that is obtained or collected from a verified credential stored in Google Wallet.
6. “VGW Program” means the Verify with Google Wallet Program.
7. “VGW Program Requirements” means the administrative, technical, security, and other requirements specified by Google Ireland that you must meet in order for you and your Client(s), as applicable, to access, use, process, and/or store VGW Data including but not limited to the current set of requirements set forth in Section 3 (VGW Program Requirements) of these VGW Verifier Registrar Terms, as they may be modified from time to time by Google Ireland.
8. “VGW Relying Party Terms” means the Verify with Google Wallet Relying Party Terms of Service found here: https://support.google.com/pay/merchants/contact/wallet_identity_relying_partners as updated from time to time by Google.

 

Section 2: Account and Registration

 

1. Accepting the Terms.  If you are agreeing to these terms on behalf of another individual or entity, you represent and warrant that you have authority to bind the Verifier Registrar to the Terms and by accepting the Terms, you are doing so as authorized by and on behalf of the Verifier Registrar (and, for the avoidance any doubt, all references to "you" or “your” in the Terms include that Verifier Registrar).  You may not and may not allow or enable a third party to access, use, process, and/or store VGW Data and may not accept the Terms if (a) you are not of legal age to form a binding contract with Google Ireland, or (b) you are a person barred from using or receiving VGW Data under applicable laws including the country in which you are resident or from which you use the VGW Data.
2. Program Requirements.  In order to access VGW Data, you may be required to provide certain information (such as identification or contact information) as part of the registration process, or as part of your continued ability to access VGW Data. You agree that any registration information you give to Google Ireland will always be accurate and up-to-date and that you will inform Google Ireland promptly of any updates or changes to that information.
3. Scope of Terms. Unless different terms are required in a particular country or region as determined by Google, these Terms apply to Verify with Google Wallet services that verify VGW Users located in the European Economic Area (European Union countries plus Iceland, Liechtenstein, and Norway) and Switzerland, subject to the Verify with Google Wallet service being publicly available in a specific country or region. Notwithstanding the foregoing, Google may in its discretion delay or suspend your launch within a country or territory upon advance notice to you.

4. Non-exclusivity. Nothing in these Terms will prevent Google Ireland from providing the VGW Program directly to Clients.

 

Section 3: VGW Program Requirements

 

1. Entitlements. You acknowledge and agree that you will not nor will you enable a third party to access or use, or attempt to access or use, VGW Data unless Google Ireland has provided you with VGW Program entitlement. To obtain such entitlement, you must meet the following entitlement requirements, as solely determined by Google Ireland:
   1. your and your Client’s access, use, processing, and/or storage of VGW Data must comply with the Google Pay and Wallet APIs Acceptable Use Policy, as updated from time to time by Google. The Google Pay and Wallet APIs Acceptable Use Policy as updated will automatically become a part of these Terms.  For the avoidance of any doubt, the Google Pay and Wallet APIs Acceptable Use Policy applies to you, your Client(s) and their Products, and any VGW Data, however accessed, even if your access is not through an API; 
   2. you must provide Google Ireland with the list of information in Attachment A (including for you and each Product and Client) upon and in the format that Google Ireland requests, and you may not deviate from such use case after launch unless such deviations are agreed in writing by Google Ireland (email to suffice);
   3. you will comply with Google Ireland's process requirements for onboarding and managing Clients, including but not limited to Relying Party Trust Requirements (as provided or updated, on reasonable notice, by Google Ireland);
   4. you may access, use, process and or store VGW Data on behalf of your Client(s) and you will be responsible for all acts, omissions and liabilities relating to the provision to, use by or reliance on the VGW Data (directly or indirectly) and any associated service, by your Client(s);
   5. you will ensure that your Client(s) agree to and accept terms with you no less stringent than these Terms and the VGW Relying Party Terms including any updates and amendments regarding the same made by Google Ireland from time to time;
   6. in relation to use of the VGW Data, Product(s) must involve goods and/or services for which verifying an end user’s age, identity, other attributes, or credentials is required by law, or some other legitimate purposes such as combating fraud or public safety, and must also only verify information that is strictly necessary for those purposes; 
   7. you must and you will ensure your Client(s) must provide and maintain publicly available and regularly updated links to user terms of service and a privacy policy relating to the collection and processing of any information relating to the Client’s Product that complies with applicable law.  You will and you will ensure that your Client(s) have obtained any necessary consents or provided any notices or opt-outs relating to Products that are required by applicable law; and
   8. you must follow best practice guidance on fraud management. 

Notwithstanding anything herein to the contrary, Google Ireland may deny, suspend or revoke VGW Program entitlement in whole or in part for you or any Client or Product at any time in its sole discretion.

2. Compliance. You will, and will require that your Client(s) will (as applicable), comply with the VGW Program Requirements on an ongoing basis while these Terms are in effect. Subject to the Terms, you will be liable to Google Ireland for any losses or damages resulting from failure to comply with the VGW Program Requirements and for any negligent or willful misconduct.
3. Updates. You agree to keep updated all information you provide to Google Ireland to obtain VGW Program entitlement.

 

Section 4: VGW Data 

 

1. Purpose. You will and will only allow a Client to request or access the specific data value(s) of VGW Data from users for Products for age, identity, other attributes, or credential verification purposes and only when such verification: 
   1. is required by law, or some other legitimate purpose such as public safety or combatting fraud, and 
   2. is strictly necessary for the user to access or use the applicable Product. 
2. Data Minimization. You will not and will not allow a Client to request VGW Data for any purpose other than the purposes in Section 4(1). You will and will only allow a Client to request or access the specific VGW Data from end users of Products that are strictly required for verifying the end user’s age, identity, other attributes, or credentials and not any additional data.
3. Data Retention. You will and will ensure your Client(s) will clearly and conspicuously notify and disclose to end users whether you will retain an end user’s VGW Data and the duration that you will retain such VGW Data.  At the expiration of such duration, you will and will ensure your Client(s) will destroy the end user’s VGW Data in your/Client’s possession or control in accordance with the corresponding notice and record retention policy.
4. Restrictions.  You may not sell nor permit a third party to sell, as that term is defined under any applicable law, VGW Data. This restriction does not prevent you from (i) using VGW Data to facilitate verification services for Client(s), or (ii) charging a fee to Client(s) for the facilitation of verification services. In addition, unless strictly necessary for the purposes listed in Section 4(1) or explicitly required by applicable law, you will not or allow a Client to:
   1. use, process, store, or manipulate VGW Data, or combine VGW Data with other data, without first (i) providing the applicable VGW User clear and conspicuous advance notice of such processing, and (ii) obtaining such VGW User’s agreement to such processing; or 
   2. share, transfer, disclose, disseminate, or otherwise make available VGW Data to any third-parties (except for subcontractors in accordance with Section 10(2)(g) and any obligations under applicable laws).
5. Data Portability.  Google Ireland supports data portability. For as long as you use, process, or store any VGW Data, you agree to enable your users to export their equivalent data to other services or applications of their choice in a way that's substantially as fast and easy as exporting such data from Google products and services, subject to applicable laws and security restrictions.
6. Accuracy. VGW Data may contain data, images, and messages that are controlled and updated solely by the third party provider that issues them. Google Ireland is not responsible for any inaccuracies or errors in data reported to Google by the third-party issuer of the credential.

 

Section 5: Accessing and Using VGW Data 

 

1. Google Controller-Controller Data Protection Terms.  To the extent required by data protection laws applicable to the parties' processing of personal data under these Terms, the parties agree to the Google Controller-Controller Data Protection Terms.
2. Monitoring.  You agree that Google Ireland may monitor your and your Client(s)’ access and use of VGW Data to ensure quality and security, improve Google products and services, and verify compliance with the Terms. This monitoring may include Google Ireland accessing and testing access to and use of VGW Data in connection with these Terms and as they relate to Products, for example to identify security issues that could affect Google or its users. You will not and will ensure that Client(s) will not interfere with this monitoring. Google Ireland may use any technical means to overcome such interference. Google Ireland may suspend access to VGW Data without notice if we reasonably believe there is a violation of the Terms.
3. Security.  You are solely responsible for security relating to your and your Client’s access and use of VGW Data, including the security of any VGW Data or other information, including personal data, collected, processed, or stored. You will and will ensure your Client(s) will use commercially reasonable efforts to protect user information collected by you or your Client(s), including personal data, from unauthorized access or use and will promptly notify Google Ireland of any suspected or actual unauthorized access or use of such information (but will not provide Google Ireland with any user personal data or other data that could identify the user(s)), and you will, and will require your Client(s), to notify relevant users of any unauthorized access or use of such information (a “Security Incident”) to the extent and within the period(s) required by applicable law.
4. Ownership.  Google Ireland does not acquire ownership in your service or any Product, and by accessing, using, processing, and/or storing VGW Data, neither you nor your Client(s) acquire ownership of any rights in our products or services or the content that is accessed through Google Wallet.
5. Territories. You will only and will only allow your Client(s) to use and enable for use VGW Data in territories that Google Ireland has approved.
6. Compliance with Law, Third Party Rights, and Other Google Terms of Service.  You will and will ensure your Client(s) will comply with all applicable law (including without limitation laws regarding the import or export of data or software, privacy, data protection, security, and local laws), rules, and regulations in connection with your activity under these Terms. You will not access or use VGW Data to encourage or promote illegal activity or violation of third party rights nor allow your Client(s) to do so. You will not and will ensure your Client(s) do not violate any terms of service with Google Ireland (or its affiliates).

 

Section 6: Intellectual Property 

 

1. Brand Features.  You grant and will procure the applicable rights from your Client(s) to grant Google Ireland a limited, nonexclusive, sublicensable in accordance with this Section 6(1), royalty-free license during the term of these VGW Verifier Registrar Terms to display your and your Client(s)’ Brand Features that have been submitted by you to Google pursuant to Attachment A:
   1. to end users of the applicable Client’s Product in connection with the use of the VGW Data; and
   2. in promoting or marketing the use of the VGW Data.  

Google Ireland may sublicense the rights granted in this Section 6(1) to its affiliates but only if: (a) Google Ireland  ensures that its affiliates are subject to the same obligations as Google Ireland under this Section 6(1); and (b) Google Ireland is liable for its affiliates’ breach of those obligations. 

You or your Client, as applicable, may revoke the permission to display the applicable Brand Features for promotional or marketing purposes, as described in Section 6(1)(b), by giving Google Ireland written notice and a reasonable period of time to cease such use.

2. Publicity.  Neither you nor your Client(s) will make any statement regarding access or use of VGW Data which suggests partnership with, sponsorship by, or endorsement by Google without Google Ireland's prior written approval. You agree that in using the VGW Data or related services, you will not use any trademark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
3. Retention of Rights. Except as expressly stated in these Terms, these Terms do not grant either party (including with regards a Client) any express or implied rights to the other’s intellectual property.
4. Promotional and Marketing Use. In the course of promoting, marketing, or demonstrating how VGW Data and the associated Google products and services can be accessed and used, Google may produce and distribute incidental depictions, including screenshots, video, or other content from a Client’s Product, and may use your company, Client, or Client’s Product name. You grant us all necessary rights for the above purposes.

 

Section 7: Service-related communications

 

1. Feedback.  If you or your Client(s) choose to give us feedback, such as suggestions to improve our services, we may act on the feedback without any onward obligation.
2. Confidentiality.  We sometimes send you service-related communications.  These communications to you may contain Google confidential information. Google confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party (including your Client(s)) without Google Ireland's prior written consent. Google confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You will not disclose Google’s confidential information, except to employees, affiliates, agents, professional advisors, or third-party contractors (“Delegates”) who need to know it and who have a legal obligation to keep it confidential. You will use Google’s confidential information only to exercise rights and fulfill obligations under these Terms while using reasonable care to protect the confidential information. You will ensure that your Delegates are also subject to the same non-disclosure and use obligations.  You may disclose Google confidential information when required by law after you provide us reasonable prior notice, if permitted by law.

 

Section 8: Termination

 

1. Termination.  You may or your Client(s) may stop accessing or using VGW Data at any time with or without notice.  Further, if you want to terminate the Terms, you must provide Google Ireland with prior written notice and upon termination, cease any further access, use, processing, and storage of VGW Data. Google Ireland reserves the right to terminate the Terms with you, or discontinue your access (or your Client(s)’ access) to VGW Data or any portion of or feature in Google Wallet for any reason and at any time without liability or other obligation to you or your Client(s).
2. Your Obligations Post-Termination.  Upon any termination of the Terms or discontinuation of your access to VGW Data, you and your Client(s) will immediately stop attempting to access or accessing VGW Data. 
3. Surviving Provisions.  When the Terms terminate, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Section 7 (Service-related Communications); Section 9 (Liability); Section 10 (General Provisions). 

 

Section 9: Liability 

 

1. Warranties.  

Each party warrants that: 

    a. it has full power and authority to enter into these Terms; 

    b. entering into or performing under these Terms will not breach any agreement it has with a third party; and

    c. it will perform its obligations under these Terms with reasonable care and skill.

You acknowledge and will ensure your Client(s) acknowledge that the verified credentials stored in Google Wallet may be privately issued credentials.  Where the verified credentials stored in Google Wallet are privately issued credentials, you represent and warrant, and you will require your Client(s) to represent and warrant, that such verified credentials will only be used for purposes permitted under applicable law and regulations.

You represent and warrant that you and your Client(s) will use reasonable care and skill in complying with obligations under these Terms. In addition, you represent and warrant that you and your Client(s) will fulfill the corresponding obligations under these Terms and will comply with all applicable laws, rules, and regulations in connection with your activities under these Terms.

2. Disclaimers.  Subject to Section 9(5)(b), except as expressly provided for in these Terms and to the maximum extent permitted by applicable law, all implied conditions, warranties and other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) are excluded. Except as expressly set out in the Terms, neither Google nor its suppliers or distributors make any specific promises about the VGW Data or Google Wallet.  For example, we don't make any commitments about VGW Data, the specific functions of Google Wallet, or their reliability, availability, completeness, authenticity, accuracy, their suitability for identity, age, other attributes, or credential verification purposes or ability to meet your needs or your Client’s needs. We provide VGW Data "as is" and Google Wallet “as is.”  To the maximum extent permitted by law, Google Ireland does not assume any duty of care beyond the express terms of these Terms. While VGW Data and Google Wallet are provided “as is”, Google Ireland will implement reasonable security measures to protect personal data in compliance with applicable laws. 
3. Liability. In this Section 9, “Liability” means any liability, whether under contract, tort (including negligence), or otherwise, and whether or not foreseeable or contemplated by the parties including with respect to Client(s). 
4. Limitations. To the extent permitted by applicable law and subject to Section 9(5) (Exceptions to Limitations): 

    a. neither party will have any Liability arising out of or relating to these Terms for:

    (i) lost profits, revenues, goodwill, or savings; or

    (ii) indirect, consequential, special, incidental or punitive damages; 

    b. the total Liability of Google Ireland, its suppliers and distributors arising out of or relating to these Terms is limited to the greater of: (i) ten thousand Euros (€10,000);  or (ii) the amounts paid and payable by you to Google Ireland under these Terms for the 12 months preceding the date the claim arose.

5. Exceptions to Limitations. Nothing in these Terms excludes or limits either party’s Liability for:

    a. death or personal injury resulting from its negligence or the negligence of its employees or agents;

    b. fraud or fraudulent misrepresentation;

    c. breach of Section 7 (Confidentiality);

    d. infringement of the other party’s intellectual property rights;

    e. matters for which Liability cannot be excluded or limited under applicable law.

6.  Indemnification.  Unless prohibited by applicable law, you will indemnify Google Ireland, and its affiliates, directors, officers, employees, and contractors against all liabilities and expenses, including any claims, losses, damages, judgements, fines, costs, and fees (including legal fees), relating to any allegation or third-party legal proceeding (including actions by government authorities or your Client(s)) to the extent arising from or relating to:

    a. your misuse or your Client’s misuse of VGW Data or Google Wallet, including any Security Incident;

    b. your violation or your Client’s violation of the Terms; or

    c. any content, data, or technology used in conjunction with the VGW Data by you or your Client(s), including without    limitation, any claim that such content, data, or technology infringes or misappropriates the intellectual property rights of a third party.

 

Section 10: General Provisions

 

1. Modification.  We may modify these Terms (including the VGW Relying Party Terms) or any portion thereof, for example, (1) to reflect changes in how VGW Data can be accessed, used, processed, or stored, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm. You should look at these Terms and the VGW Relying Party Terms regularly and ensure changes are accounted for in the terms you have with Client(s). If we materially change these Terms, we’ll provide you with reasonable advance notice and the opportunity to review the changes to the extent practicable, except in urgent situations, such as preventing ongoing abuse or responding to legal requirements.  We'll provide this notice in a Google help center, and/or in the Google developers console. Material changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions or changes made for legal reasons will be effective immediately.  If you or your Client(s) do not agree to the modified Terms for accessing or using VGW Data, you or your Client (as applicable) should discontinue accessing VGW Data. Your or your Client(s)’ continued access to and use of VGW Data constitutes your and your Client(s)’ acceptance of the modified Terms. 
2. General Legal Terms.  
   1. Google Ireland and you each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. 
   2. All legal notices must be in English, in writing (which may be by email), and addressed to the other party’s primary contact for legal notices, which for Google Ireland is legal-notices@google.com.
   3. The Terms do not create any third party beneficiary rights (unless expressly stated) or any agency, partnership, or joint venture. 
   4. Nothing in the Terms will limit either party's ability to seek injunctive relief. 
   5. Google Ireland is not liable for failure or delay in performance of these Terms to the extent caused by circumstances beyond our reasonable control. 
   6. If you or your Client(s) do not comply with the Terms, and Google Ireland does not take action right away, this does not mean that Google Ireland is giving up any rights that it may have (such as taking action in the future). 
   7. You may subcontract any of your obligations under these Terms provided that you enter into a written agreement with each subcontractor that contains terms that are at least as protective of Google Ireland as these Terms. You will remain liable to Google Ireland for all subcontracted obligations and your subcontractors’ acts or omissions. 
   8. Google Ireland may use its affiliates, consultants, and contractors to exercise its rights and fulfil its obligations under these Terms, but only if Google Ireland remains liable for: (i) its obligations, and (ii) its affiliates’, consultants’ and contractors’ acts and omissions.
   9. If any part of the Terms is invalid, illegal, or unenforceable, it will be modified to be valid, legal, and enforceable while retaining its original intent as much as possible, and the rest of the Terms will remain in effect.
   10. The Terms are the entire agreement between you and Google Ireland relating to its subject and supersede any prior or contemporaneous agreements on that subject.
3. Governing Law, Jurisdiction & Arbitration. 

    a.  Definitions. “Dispute” means any contractual or non-contractual dispute arising out of or relating to these Terms, including their formation, validity, subject matter, interpretation, performance, or termination, Google Wallet or VGW Data.

    b.  Where permitted under applicable law, these Terms are governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any Dispute, but either party may apply to any court for an injunction or other relief to protect its intellectual property rights.

    c.  If Section 10(3)(b) above is not permitted under applicable law, the following applies:

    (i) Governing Law. These Terms and any Disputes are governed by English law.

   (ii) Settlement. The parties will try in good faith to settle any Dispute within 30 days after a party receives the first notice regarding the Dispute in accordance with Section 10(2)(b). If the parties are unable to resolve the Dispute within this 30-day period, either party may refer the Dispute to arbitration in accordance with this Section 10(3)(c). 

   (iii) Arbitration. The parties will refer all Disputes to final, binding arbitration under the rules of the London Court of International Arbitration in force as of the Terms’ Effective Date. The arbitration will be conducted in English by one mutually agreed arbitrator in London, England, which will be the seat of arbitration.

   (iv) Confidentiality. The arbitration is confidential information (including the arbitration’s existence and any oral or written communications related to it). However, the parties may disclose to a competent court information necessary to execute any arbitral decision, but only if the confidentiality of those materials is maintained in those judicial proceedings.

 

Attachment A 

 

You must provide the following information about you and each of your Clients, which at all times must be kept updated, to your designated business contact at Google:

 

1. Information about you/your Client: 
   1. Your/Client’s Business Name
   2. Your/Client’s Product name
   3. Your/Client’s Logo(s)
2. VGW Data elements you/your Client will request from end users and the retention period for each, including:
   1. document type, namespace and elements
3. Description of how you/your Client will use or process VGW Data; your/Client’s purpose for accessing, using, processing, and/or storing VGW Data; and why verification using VGW Data is necessary
4. Provide additional justification if using non-aggregated fields when aggregated fields are available (e.g. requesting date of birth when age>21 field is available)
5. A copy of and link to publicly available and regularly updated end user terms of service and privacy policy for you/your Client’s Product, which Google may display on your/ Client’s behalf to end users 
6. Online use cases only: Video demonstrating how VGW Data will be requested in your/Client’s Product flow and the usage of the specific data elements collected.  The video must: 
   1. be in English
   2. show how VGW Data will be used by demonstrating the functionality enabled by each of the data elements collected
   3. show how your/Client’s terms of service and privacy policy will be shown to your/Client’s user 
7. Territory: Google may update this list from time-to-time via email communication between Google and you.

 

Part B - Google LLC Terms

Verify with Google Wallet Verifier Registrar Terms of Service 

If you or your Client(s) are using the Verify with Google Wallet services to verify end users (as defined below as VGW Users) located outside of the European Economic Area (European Union countries plus Iceland, Liechtenstein, and Norway) or Switzerland, by entering into these Terms you are contracting with Google LLC (“Google LLC”), with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, United States, and Google LLC is the provider of such services, subject to the Verify with Google Wallet service being publicly available in a specific country or region. 

These Verify with Google Wallet (“VGW”) Verifier Registrar Terms (“VGW Verifier Registrar Terms”) form a legally binding contract between Google LLC and the party agreeing to these terms (“you”, “your”, or the “Verifier Registrar”, as further defined below). 

By accessing, using, processing, and/or storing VGW Data (defined below), Verifier Registrar agrees to these VGW Verifier Registrar Terms.  Collectively, we refer to these VGW Verifier Registrar Terms, any additional terms, and any applicable policies and guidelines as the "Terms."  These Terms are effective as of the date you electronically accept these Terms (the “Effective Date”).

 

When we refer to “Google,” “we,” “us,”  and “our,” below we mean Google LLC and its affiliates. Google may update the Google entities and their addresses from time to time. 

 

You agree to comply with the Terms and that the Terms control your relationship with Google LLC. So please read all the Terms carefully. If you use VGW Data in conjunction with other Google products or services, then the terms for those other products or services also apply.

 

Section 1: Definitions

1. "Brand Features" means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, and in the case of Verifier Registrar, of its Client(s).
2. “Client” or “Relying Party” means the person or entity that is provided a verification service by the Verifier Registrar and may, if applicable, have access to use, processes, and/or stores VGW Data in order to verify user age, identity, other attributes, or credentials.
3. “Product” means your Client(s)’ goods and/or services that legitimately require them to verify the age, identity, other attributes, or credentials of their end users in order for their end users to access or use those goods and/or services.
4. “Verifier Registrar” means the entity accepting these Terms, which entity has contractual relationships with Client(s) through which it provides certain services, one of which is facilitating verification services.
5. “VGW Data” means any data relating to an individual or that identifies, describes, is linked or linkable to that individual (any such individual, a “VGW User”, and collectively “VGW Users”) that is obtained or collected from a verified credential stored in Google Wallet.
6. “VGW Program” means the Verify with Google Wallet Program.
7. “VGW Program Requirements” means the administrative, technical, security, and other requirements specified by Google LLC that you must meet in order for you and your Client(s), as applicable, to access, use, process, and/or store VGW Data including but not limited to the current set of requirements set forth in Section 3 (VGW Program Requirements) of these VGW Verifier Registrar Terms, as they may be modified from time to time by Google LLC.
8. “VGW Relying Party Terms” means the Verify with Google Wallet Relying Party Terms of Service found here:  https://support.google.com/pay/merchants/contact/wallet_identity_relying_partners as updated from time to time by Google.

 

Section 2: Account and Registration

 

1. Accepting the Terms.  If you are agreeing to these terms on behalf of another individual or entity, you represent and warrant that you have authority to bind the Verifier Registrar to the Terms and by accepting the Terms, you are doing so as authorized by and on behalf of the Verifier Registrar (and, for the avoidance any doubt, all references to "you" or “your” in the Terms include that Verifier Registrar).  You may not and may not allow or enable a third party to access, use, process, and/or store VGW Data and may not accept the Terms if (a) you are not of legal age to form a binding contract with Google LLC, or (b) you are a person barred from using or receiving VGW Data under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the VGW Data.
2. Program Requirements.  In order to access VGW Data, you may be required to provide certain information (such as identification or contact information) as part of the registration process, or as part of your continued ability to access VGW Data. You agree that any registration information you give to Google LLC will always be accurate and up-to-date and that you will inform Google LLC promptly of any updates or changes to that information.
3. Scope of Terms. Unless different terms are required in a particular country or region as determined by Google, these Terms apply to Verify with Google Wallet services that verify VGW Users located in the United States of America and rest of world (excluding the European Economic Area (European Union countries plus Iceland, Liechtenstein, and Norway) and Switzerland), subject to the Verify with Google Wallet service being publicly available in a specific country or region. Notwithstanding the foregoing, Google may in its discretion delay or suspend your launch within a country or territory upon advance notice to you.

4. Non-exclusivity. Nothing in these Terms will prevent Google LLC from providing the VGW Program directly to Clients.

 

Section 3: VGW Program Requirements

 

1. Entitlements. You acknowledge and agree that you will not nor will you enable a third party to access or use, or attempt to access or use, VGW Data unless Google LLC has provided you with VGW Program entitlement. To obtain such entitlement, you must meet the following entitlement requirements, as solely determined by Google LLC:
   1. your and your Client’s access, use, processing, and/or storage of VGW Data must comply with the Google Pay and Wallet APIs Acceptable Use Policy, as updated from time to time by Google. The Google Pay and Wallet APIs Acceptable Use Policy as updated will automatically become a part of these Terms.  For the avoidance of any doubt, the Google Pay and Wallet APIs Acceptable Use Policy applies to you, your Client(s) and their Products, and any VGW Data, however accessed, even if your access is not through an API; 
   2. you must provide Google LLC with the list of information in Attachment A (including for you and each Product and Client) upon and in the format that Google LLC requests, and you may not deviate from such use case after launch unless such deviations are agreed in writing by Google LLC (email to suffice);
   3. you will comply with Google LLC's process requirements for onboarding and managing Clients, including but not limited to Relying Party Trust Requirements (as provided or updated, on reasonable notice, by Google LLC);
   4. you may access, use, process and or store VGW Data on behalf of your Client(s) and you will be responsible for all acts, omissions and liabilities relating to the provision to, use by or reliance on the VGW Data (directly or indirectly) and any associated service, by your Client(s);
   5. you will ensure that your Client(s) agree to and accept terms with you no less stringent than these Terms and the VGW Relying Party Terms including any updates and amendments regarding the same made by Google LLC from time to time;
   6. in relation to use of the VGW Data, Product(s) must involve goods and/or services for which verifying an end user’s age, identity, other attributes, or credentials is required by law, or some other legitimate purposes such as combating fraud or public safety, and must also only verify information that is strictly necessary for those purposes; 
   7. you must and you will ensure your Client(s) must provide and maintain publicly available and regularly updated links to user terms of service and a privacy policy relating to the collection and processing of any information relating to the Client’s Product that complies with applicable law.  You will and you will ensure that your Client(s) have obtained any necessary consents or provided any notices or opt-outs relating to Products that are required by applicable law; and
   8. you must follow best practice guidance on fraud management. 

        Notwithstanding anything herein to the contrary, Google LLC may deny, suspend or revoke VGW Program entitlement in          whole or in part for you or any Client or Product at any time in its sole discretion.

2. Compliance. You will, and will require that your Client(s) will (as applicable), comply with the VGW Program Requirements on an ongoing basis while these Terms are in effect. Subject to the Terms, you will be liable to Google LLC for any losses or damages resulting from failure to comply with the VGW Program Requirements and for any negligent or willful misconduct.
3. Updates. You agree to keep updated all information you provide to Google LLC to obtain VGW Program entitlement.

 

Section 4: VGW Data

 

1. Purpose. You will and will only allow a Client to request or access the specific data value(s) of VGW Data from users for Products for age, identity, other attributes, or credential verification purposes and only when such verification: 
   1. is required by law, or some other legitimate purpose such as public safety or combatting fraud, and 
   2. is strictly necessary for the user to access or use the applicable Product. 
2. Data Minimization. You will not and will not allow a Client to request VGW Data for any purpose other than the purposes in Section 4(1). You will and will only allow a Client to request or access the specific VGW Data from end users of Products that are strictly required for verifying the end user’s age, identity, other attributes, or credentials and not any additional data.
3. Data Retention. You will and will ensure your Client(s) will clearly and conspicuously notify and disclose to end users whether you will retain an end user’s VGW Data and the duration that you will retain such VGW Data.  At the expiration of such duration, you will and will ensure your Client(s) will destroy the end user’s VGW Data in your/Client’s possession or control in accordance with the corresponding notice and record retention policy.
4. Restrictions.  You may not sell nor permit a third party to sell, as that term is defined under any applicable law, VGW Data. This restriction does not prevent you from (i) using VGW Data to facilitate verification services for Client(s), or (ii) charging a fee to Client(s) for the facilitation of verification services.  In addition, unless strictly necessary for the purposes listed in Section 4(1) or explicitly required by applicable law, you will not or allow a Client to:
   1. use, process, store, or manipulate VGW Data, or combine VGW Data with other data, without first (i) providing the applicable VGW User clear and conspicuous advance notice of such processing, and (ii) obtaining such VGW User’s agreement to such processing; or 
   2. share, transfer, disclose, disseminate, or otherwise make available VGW Data to any third-parties (except for subcontractors in accordance with Section 10(3)(g) and any obligations under applicable laws).
5. Data Portability.  Google LLC supports data portability. For as long as you use, process, or store any VGW Data, you agree to enable your users to export their equivalent data to other services or applications of their choice in a way that's substantially as fast and easy as exporting such data from Google products and services, subject to applicable laws and security restrictions.
6. Accuracy. VGW Data may contain data, images, and messages that are controlled and updated solely by the third party provider that issues them. Google LLC is not responsible for any inaccuracies or errors in data reported to Google by the third-party issuer of the credential.

 

Section 5: Accessing and Using VGW Data

 

1. Google Controller-Controller Data Protection Terms.  To the extent required by data protection laws applicable to the parties' processing of personal data under these Terms, the parties agree to the Google Controller-Controller Data Protection Terms.
2. Health-related Terms.  For the avoidance of doubt, (i) Google LLC does not, and will not, become your Business Associate under, or otherwise become subject to, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") as a result of your agreement to these Terms or your participation in the VGW Program under these Terms, including as a result of your access, use, processing or storage of VGW Data, (ii) you are solely responsible for your compliance with HIPAA, and (iii) VGW Data is not Protected Health Information as the term is defined by HIPAA.
3. Monitoring.  YOU AGREE THAT GOOGLE LLC MAY MONITOR YOUR AND YOUR CLIENT(S)’ ACCESS AND USE OF VGW DATA TO ENSURE QUALITY AND SECURITY, IMPROVE GOOGLE PRODUCTS AND SERVICES, AND VERIFY COMPLIANCE WITH THE TERMS. This monitoring may include Google LLC accessing and testing access to and use of VGW Data in connection with these Terms and as they relate to Products, for example to identify security issues that could affect Google or its users. You will not and will ensure that Client(s) will not interfere with this monitoring. Google LLC may use any technical means to overcome such interference. Google LLC may suspend access to VGW Data without notice if we reasonably believe there is a violation of the Terms.
4. Security.  You are solely responsible for security relating to your and your Client’s access and use of VGW Data, including the security of any VGW Data or other information, including personal data, collected, processed, or stored. You will and will ensure your Client(s) will use commercially reasonable efforts to protect user information collected by you or your Client(s), including personal data, from unauthorized access or use and will promptly notify Google LLC of any suspected or actual unauthorized access or use of such information (but will not provide Google LLC with any user personal data or other data that could identify the user(s)), and you will, and will require your Client(s), to notify relevant users of any unauthorized access or use of such information (a “Security Incident”) to the extent and within the period(s) required by applicable law.
5. Ownership.  Google LLC does not acquire ownership in your service or any Product, and by accessing, using, processing, and/or storing VGW Data, neither you nor your Client(s) acquire ownership of any rights in our products or services or the content that is accessed through Google Wallet.
6. Territories. You will only and will only allow your Client(s) to use and enable for use VGW Data in territories that Google LLC has approved.
7. Compliance with Law, Third Party Rights, and Other Google Terms of Service.  You will and will ensure your Client(s) will comply with all applicable law (including without limitation laws regarding the import or export of data or software, privacy, data protection, security, and local laws), rules, and regulations in connection with your activity under these Terms. You will not access or use VGW Data to encourage or promote illegal activity or violation of third party rights nor allow your Client(s) to do so. You will not and will ensure your Client(s) do not violate any terms of service with Google LLC (or its affiliates).

 

Section 6: Intellectual Property 

 

1. Brand Features.  You grant and will procure the applicable rights from your Client(s) to grant Google LLC a limited, nonexclusive, sublicensable in accordance with this Section 6(1), royalty-free license during the term of these VGW Verifier Registrar Terms to display your and your Client(s)’ Brand Features that have been submitted by you to Google pursuant to Attachment A:
   1. to end users of the applicable Client’s Product in connection with the use of the VGW Data; and
   2. in promoting or marketing the use of the VGW Data.

Google LLC may sublicense the rights granted in this Section 6(1) to its affiliates but only if: (a) Google LLC ensures that its affiliates are subject to the same obligations as Google LLC under this Section 6(1); and (b) Google LLC is liable for its affiliates’ breach of those obligations.   

You or your Client, as applicable, may revoke the permission to display the applicable Brand Features for promotional or marketing purposes, as described in Section 6(1)(b), by giving Google LLC written notice and a reasonable period of time to cease such use.

2. Publicity.  Neither you nor your Client(s) will make any statement regarding access or use of VGW Data which suggests partnership with, sponsorship by, or endorsement by Google without Google LLC's prior written approval. You agree that in using the VGW Data or related services, you will not use any trademark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
3. Retention of Rights. Except as expressly stated in these Terms, these Terms do not grant either party (including with regards a Client) any express or implied rights to the other’s intellectual property.
4. Promotional and Marketing Use. In the course of promoting, marketing, or demonstrating how VGW Data and the associated Google products and services can be accessed and used, Google may produce and distribute incidental depictions, including screenshots, video, or other content from a Client’s Product, and may use your company, Client, or Client’s Product name. You grant us all necessary rights for the above purposes.

 

Section 7: Service-related communications

 

1. Feedback.  If you or your Client(s) choose to give us feedback, such as suggestions to improve our services, we may act on the feedback without any onward obligation.
2. Confidentiality.  We sometimes send you service-related communications.  These communications to you may contain Google confidential information. Google confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party (including your Client(s)) without Google LLC's prior written consent. Google confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You will not disclose Google’s confidential information, except to employees, affiliates, agents, professional advisors, or third-party contractors (“Delegates”) who need to know it and who have a legal obligation to keep it confidential. You will use Google’s confidential information only to exercise rights and fulfill obligations under these Terms while using reasonable care to protect the confidential information. You will ensure that your Delegates are also subject to the same non-disclosure and use obligations.  You may disclose Google confidential information when required by law after you provide us reasonable prior notice, if permitted by law.

 

Section 8: Termination

 

1. Termination.  You may or your Client(s) may stop accessing or using VGW Data at any time with or without notice.  Further, if you want to terminate the Terms, you must provide Google LLC with prior written notice and upon termination, cease any further access, use, processing, and storage of VGW Data. Google LLC reserves the right to terminate the Terms with you, or discontinue your access (or your Client(s)’ access) to VGW Data or any portion of or feature in Google Wallet for any reason and at any time without liability or other obligation to you or your Client(s).
2. Your Obligations Post-Termination.  Upon any termination of the Terms or discontinuation of your access to VGW Data, you and your Client(s) will immediately stop attempting to access or accessing VGW Data. 
3. Surviving Provisions.  When the Terms terminate, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Section 7 (Service-related Communications); Section 9 (Liability); Section 10 (General Provisions). 

 

Section 9: Liability

 

1. REPRESENTATIONS AND WARRANTIES; DISCLAIMER.  EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER GOOGLE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE VGW DATA OR GOOGLE WALLET.  FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT VGW DATA, THE SPECIFIC FUNCTIONS OF GOOGLE WALLET, OR THEIR RELIABILITY, AVAILABILITY, COMPLETENESS, AUTHENTICITY, ACCURACY, THEIR SUITABILITY FOR IDENTITY, AGE, OTHER ATTRIBUTES, OR CREDENTIAL VERIFICATION PURPOSES OR ABILITY TO MEET YOUR NEEDS OR YOUR CLIENT(S)’ NEEDS. WE PROVIDE VGW DATA "AS IS" AND GOOGLE WALLET “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOOGLE DOES NOT ASSUME ANY DUTY OF CARE BEYOND THE EXPRESS TERMS OF THESE TERMS. WHILE VGW DATA AND GOOGLE WALLET ARE PROVIDED ‘AS IS,’ GOOGLE LLC WILL IMPLEMENT REASONABLE SECURITY MEASURES TO PROTECT PERSONAL DATA IN COMPLIANCE WITH APPLICABLE LAWS.  You represent and warrant that you and your Client(s) will: (i) use reasonable care and skill in complying with obligations under these Terms; and (ii) fulfill the corresponding obligations under these Terms and will comply with all applicable laws, rules, and regulations in connection with your activities under these Terms. In addition, you acknowledge and will ensure your Client(s) acknowledge that the verified credentials stored in Google Wallet may be privately issued credentials.  Where the verified credentials stored in Google Wallet are privately issued credentials, you represent and warrant, and you will require your Client(s) to represent and warrant, that such verified credentials will only be used for purposes permitted under applicable law and regulations. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: GOOGLE LLC’S ONLY REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS ARE EXPRESSLY STATED IN THIS SECTION; AND GOOGLE LLC DISCLAIMS AND EXCLUDES ALL OTHER CONDITIONS, GUARANTEES, TERMS, UNDERTAKINGS, REPRESENTATIONS AND WARRANTIES (EXPRESS OR IMPLIED), INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, CONFORMANCE WITH DESCRIPTION, CONTENT ACCURACY, ERROR-FREE OPERATION, NON-INFRINGEMENT, AND FITNESS FOR PURPOSE.
2. LIMITATION OF LIABILITY. “LIABILITY” MEANS ANY LIABILITY, WHETHER UNDER CONTRACT, TORT (INCLUDING FOR NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT FORESEEABLE OR CONTEMPLATED BY THE PARTIES INCLUDING WITH RESPECT TO CLIENT(S). TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO SECTION 9(3) (EXCEPTIONS TO LIMITATIONS):
   1. GOOGLE LLC, AND GOOGLE'S SUPPLIERS AND DISTRIBUTORS, WILL NOT HAVE ANY LIABILITY, ARISING OUT OF OR RELATED TO THESE TERMS, GOOGLE WALLET, OR VGW DATA FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.  
   2. THE TOTAL LIABILITY OF GOOGLE LLC, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF (I) THE AMOUNT YOU PAID US TO ACCESS AND USE THE VGW DATA DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (II) US$10,000 (TEN THOUSAND US DOLLARS). 
   3. IN ALL CASES, GOOGLE LLC, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
3. EXCEPTIONS TO LIMITATIONS.  NOTHING IN THESE TERMS EXCLUDES OR LIMITS EITHER PARTY’S LIABILITY FOR:

       a.  FRAUD OR FRAUDULENT MISREPRESENTATION; OR

       b.  MATTERS FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

4. Indemnification.  Unless prohibited by applicable law, you will defend and indemnify Google LLC, and its affiliates, directors, officers, employees, and contractors against all liabilities and expenses, including any claims, losses, damages, judgements, fines, costs, and fees (including legal fees), relating to any allegation or third-party legal proceeding (including actions by government authorities or your Client(s)) to the extent arising from or relating to:
   1. your misuse or your Client’s misuse of VGW Data or Google Wallet, including any Security Incident;
   2. your violation or your Client’s violation of the Terms; or
   3. any content, data, or technology used in conjunction with the VGW Data by you or your Client(s), including without limitation, any claim that such content, data, or technology infringes or misappropriates the intellectual property rights of a third party.

 

Section 10: General Provisions

 

1. Modification.  We may modify these Terms (including the VGW Relying Party Terms) or any portion thereof, for example, (1) to reflect changes in how VGW Data can be accessed, used, processed, or stored, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm. You should look at these Terms and the VGW Relying Party Terms regularly and ensure changes are accounted for in the terms you have with Client(s). If we materially change these Terms, we’ll provide you with reasonable advance notice and the opportunity to review the changes to the extent practicable, except in urgent situations, such as preventing ongoing abuse or responding to legal requirements.  We'll provide this notice in a Google help center, and/or in the Google developers console. Material changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions or changes made for legal reasons will be effective immediately.  If you or your Client(s) do not agree to the modified Terms for accessing or using VGW Data, you or your Client(s) (as applicable) should discontinue accessing VGW Data. Your or your Client(s)’ continued access to and use of VGW Data constitutes your and your Client(s)’ acceptance of the modified Terms. 
2. U.S. Federal Agency Entities.  Enabling users to share VGW Data with consent was developed solely at private expense and constitutes commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.
3. General Legal Terms.  
   1. Google LLC and you each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. 
   2. All legal notices must be in English, in writing (which may be by email), and addressed to the other party’s primary contact for legal notices, which for Google LLC is legal-notices@google.com.
   3. The Terms do not create any third party beneficiary rights (unless expressly stated) or any agency, partnership, or joint venture. 
   4. Nothing in the Terms will limit either party's ability to seek injunctive relief. 
   5. Google LLC is not liable for failure or delay in performance of these Terms to the extent caused by circumstances beyond our reasonable control. 
   6. If you or your Client(s) do not comply with the Terms, and Google LLC does not take action right away, this does not mean that Google LLC is giving up any rights that it may have (such as taking action in the future). 
   7. You may subcontract any of your obligations under these Terms provided that you enter into a written agreement with each subcontractor that contains terms that are at least as protective of Google LLC as these Terms. You will remain liable to Google LLC for all subcontracted obligations and your subcontractors’ acts or omissions.
   8. Google LLC may use its affiliates, consultants, and contractors to exercise its rights and fulfil its obligations under these Terms, but only if Google LLC remains liable for: (i) its obligations, and (ii) its affiliates’, consultants’ and contractors’ acts and omissions.
   9. If any part of the Terms is invalid, illegal, or unenforceable, it will be modified to be valid, legal, and enforceable while retaining its original intent as much as possible, and the rest of the Terms will remain in effect.
   10. The Terms are the entire agreement between you and Google LLC relating to its subject and supersede any prior or contemporaneous agreements on that subject.
4. Governing Law, Jurisdiction & Arbitration.

    a.  Definitions. 

“Dispute” means any contractual or non-contractual dispute arising out of or relating to these Terms, including their formation, validity, subject matter, interpretation, performance, or termination, Google Wallet or VGW Data.

    b.  Where permitted under applicable law: (i) these Terms are governed by California law, excluding its conflict of laws rules; and (ii) ALL DISPUTES WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA, AND YOU AND GOOGLE LLC CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.  

    c.  If Section 10(4)(b) above is not permitted under applicable law, the following applies:

(i) Governing Law. These Terms and any Disputes are governed by California law.

(ii) Settlement. The parties will try in good faith to settle any Dispute within 30 days after a party receives the first notice regarding the Dispute in accordance with Section 10(3)(b). If the parties are unable to resolve the Dispute within this 30-day period, either party may refer the Dispute to arbitration in accordance with this Section 10(4)(c); 

(iii) Arbitration. The parties will refer all Disputes to final, binding arbitration under the rules of the International Centre for Dispute Resolution’s International Arbitration Rules in force as of the Terms’ Effective Date. The arbitration will be conducted in English by one mutually agreed arbitrator in Santa Clara County, California, USA, which will be the seat of arbitration; 

(iv) Confidentiality. The arbitration is confidential information (including the arbitration’s existence and any oral or written communications associated with it). However, the parties may disclose to a competent court information necessary to execute any arbitral decision, but only if the confidentiality of those materials is maintained in those judicial proceedings.

(v) Non-Monetary Relief. The arbitrator may only issue its award based on law, not in equity and may not award non-monetary relief.

(vi) Fees and Expenses. Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute. 

    d.  If you are accepting the Terms on behalf of a United States federal government entity, then the following applies instead of Section 10(4)(b) or Section 10(4)(c): the laws of the United States of America, excluding its conflict of laws rules, will apply to any Disputes. Solely to the extent permitted by United States Federal law: (i) the laws of the State of California (excluding California's conflict of laws rules) will apply in the absence of applicable federal law; and (ii) FOR ALL DISPUTES, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.

    e.  The foregoing Section 10(4)(d) does not apply to state agencies that are statutorily prevented from agreeing to an alternative law for its state. 

 

Attachment A 

 

You must provide the following information about you and each of your Clients, which at all times must be kept updated, to your designated business contact at Google:

 

1. Information about you/your Client: 
   1. Your/Client’s Business Name
   2. Your/Client’s Product name
   3. Your/Client’s Logo(s)
2. VGW Data elements you/your Client will request from end users and the retention period for each, including:
   1. document type, namespace and elements
3. Description of how you/your Client will use or process VGW Data; your/Client’s purpose for accessing, using, processing, and/or storing VGW Data; and why verification using VGW Data is necessary
4. Provide additional justification if using non-aggregated fields when aggregated fields are available (e.g. requesting date of birth when age>21 field is available)
5. A copy of and link to publicly available and regularly updated end user terms of service and privacy policy for you/your Client’s Product, which Google may display on your/ Client’s behalf to end users 
6. Online use cases only: Video demonstrating how VGW Data will be requested in your/Client’s Product flow and the usage of the specific data elements collected.  The video must: 
   1. be in English
   2. show how VGW Data will be used by demonstrating the functionality enabled by each of the data elements collected
   3. show how your/Client’s terms of service and privacy policy will be shown to your/Client’s user 
7. Territory: Google may update this list from time-to-time via email communication between Google and you.