App Terms and Conditions

• We’re delighted that you downloaded and are considering using the Smart ID App (the “App”).
• The Smart ID App is provided to you by Yoti a UK based digital identity company.
• Did you know? You can use the App wherever you see the digital ID trustmark.
• Before you start using the App, you must accept these terms and conditions. Please read these terms and conditions carefully. These terms and conditions contain important information about your use of the App, including how the contract for your use of the App may change or end. By using our App you’re agreeing to these terms and conditions. If you do not understand or do not wish to be bound by these terms and conditions, you should not register for an App account and you should delete the App. You should read this along with our privacy notice, that you will be given a link to during onboarding. After onboarding you will be able to refer back to these Terms and Conditions and the Privacy policy via the App settings.
• We will follow our own published Misuse Policy if you, or somebody else, misuses our App. In case there is any conflict between these terms and conditions and our Misuse Policy, these terms and conditions will take precedence.
• We recommend that you save and/or print a copy of these terms and conditions for future reference.
• Where we talk about “we” or “us” in these terms and conditions that is Yoti. You can find our full details at section 15 of these terms and conditions. When we talk about “you” in these terms and conditions, we are talking about you as the individual using our App for private and non-commercial purposes only, except as may be expressly allowed by the functionality of our App or allowed by us in writing. When we talk about a “third party” we mean anyone who is not you or us.
• If you want to use the App as an organisation or business (“organisation”) or on behalf of an organisation, you will need to accept and comply with the organisational terms and conditions presented to you when creating an organisational account or when accepting an organisational profile.

• Yoti’s products help you to prove who you are, online and in person. That is why we are working together on the App. Only you control what identity information you add to your App account and you alone will decide when you want to use your App to identify yourself to a third party. You choose whether to agree or not to share the information a third-party requests.
• We won’t charge you for accessing the App, and, if you choose to add identity details, then we won’t charge you for sharing your core identity details (your face, name, gender, nationality, date of birth, age, address) with other people or other companies. Within the App, we might offer optional premium services to individuals. These premium services may carry a cost, and we will notify you of these options and costs before you sign up to receive these services. If you are already using these premium services free of charge and they become chargeable premium services (either because of a change in the App or because you have been using a free or trial version of them) we will give you at least three months’ notice through the App of the change in cost and you will have the option to stop using them before the charging starts. This change will also be stated on our website.
• We make money by charging our clients to securely receive verified data about you. If you decide to share information with organisations’ using our products, we reserve the right to charge them for receiving that information. That revenue may be received by either or both of Lloyds Bank and Yoti.
• Yoti may from time to time create, develop and introduce additional features, functionality or services. If necessary, we will update these terms and conditions to reflect those changes and let you know about this via the App next time you open it. Changes will also be shown on our website.

• Provided you accept and continue to comply with these terms and conditions, Yoti grants you a non-exclusive, non-transferrable licence to use our App that can be revoked at any time.
• Our App is not currently intended for people under the age of 13. To use our App, you must be (and you promise to us that you are) over the required age of 13 and resident in the United Kingdom. If we believe or verify that you have not told us your true age, we may suspend your use of the App until you have provided us with acceptable proof of age (or parental consent). We advise parents and guardians who allow their children to use our App that it is important to communicate with their children about their safety online.
• Each person can only create one App account. You will be able to add new identity documents to your existing App account.

• Having downloaded our App, to create your App account you will need to provide us with a genuine and valid mobile phone number. You will be asked to confirm the number with a one-time code which we will send to that mobile number by text. You will then create a 5-digit PIN for future access to your App account. If your phone supports biometric (fingerprint or face) login you can also choose to use this to access your account instead of or as well as a PIN. It is your responsibility to ensure no one else has access to your PIN or to your phone’s biometric login, so it is, and remains, secure and confidential. We may change our security requirements from time to time and will notify you of such changes via the App.
• When registering for an App account or adding your first identity documents, we will ask you to complete a short test to prove you are a real live person and not a bot. This test could involve, for example, repeating some words in a recorded video or we could ask you to move your phone in relation to your face to capture multiple images (you will see instructions for this at the time). If we ask you to use the video method, then our security staff will review it and we will permanently delete this video within 30 days from the date on which it is recorded. If we ask you to use another method, the information is processed on your phone automatically and you will receive an instant pass / fail.
• You may also choose to add a genuine and valid identity document (like a passport or driving licence) to your App account so you can share certain pieces of information with a third party, for example, sharing your age to access a service. An image of your identity document will not be shared unless you agree to do so via the App.
• All App account creation instructions given in our App during the account creation process also form part of these terms and conditions.
• While you’re setting up your App account, adding information to it or recovering access to your account, Yoti will be able to see the information you enter so that we can verify it. We will keep this information securely for up to 30 days following approval.
• When you create your Smart ID and perform a test to prove you’re a real person, we securely store an image of your face (a ‘base image’) from which our technology can create a ‘biometric template’.  From this point onwards, any time we need to check if it’s really you using your account, the app can refer back to this base image and biometric template.
• For example, we will compare any photos you choose to add to your account with the base image, and we will also use the base image as a reference if we ask you to authenticate using a ‘face scan’ in the app.
• Each time you perform these actions we securely store an image of your face so that our technology can build confidence in what you look like over time and keep your account secure.
• After the information is entered and verified your information will be separately secured and locked using a private key (encrypted) and Yoti will be unable to see it or access it. Only you will have the private encryption keys (unpredictable and unique numbers used to decrypt information), stored in your mobile phone or other devices, so only you can access your App account. It is your responsibility to keep your mobile phone and other devices safe, and to prevent others from having unauthorised access to them.

• You alone will decide when you want to use your App to identify yourself to a third party, or to swap, send or request personal information (as may be allowed by the functionality of the version of our App that you are using). Whenever an organisation or other individual asks you to share information through your App, you always get to decide whether to agree or not. We encourage third parties who use our services to only ask for the minimum information required and reserves the right not to do business with third parties who ask for more information than they need. 
• Whenever you share information with a third party, you and the third party will each receive a receipt, showing the information shared. The receipt will be available in your App account. 
• Yoti creates and encrypts a master receipt which contains details of the sharing for both parties. This master receipt is securely stored on our servers and we cannot access or view it unless either you or the third party provides us with their own receipt containing the encryption key needed to access the information. 
• We may allow you to add and accept attributes from certain third parties into your App account, for example university degrees, professional qualifications, employer references, landlord references and so on. You must only add or accept third party attributes to your App account that are current, relevant, genuine and accurate – you must not add or accept third party attributes to your App account or share any attributes using our App which do not fulfil such criteria, or which are out of date. We may suspend your use of our App and/or close your App account if we know or reasonably suspect you to have not complied with the previous sentence. Some of these third-party attributes that you can add or accept to your App account can be verified, for example by your university, professional organisation, employer or landlord. We will make it clear to those individuals or organisations you wish to share a third-party attribute with as to whether the relevant attribute has been properly verified by the relevant third party (i.e. your employer, landlord, university etc.).

• You’re able to close your App account at any time by selecting the “Delete Account” option in “Settings” in the App’s menu. We will ask you to take a selfie to confirm it’s really you asking to delete the account. Upon deletion all your data will be deleted and you will not be able to recover it. If you wish to use the App again you will need to carry out a new onboarding process.
• We reserve the right to immediately close your App account and therefore your right to use the App, without responsibility or liability to you if, we reasonably believe that you are not complying with these terms and conditions, or if you disrupt our App or if your continued use of the App is harmful.
• We reserve the right to terminate some or all our services, and therefore your right to use the App, at any time at our discretion and without responsibility to you on providing you with at least 60 days’ prior notice through the App.
• If you or we close your App account, you will lose access to your account and to all the information and services associated with it. We may need to keep your sharing receipts for regulatory reasons. Any third party you shared information with through the service will still have those details (in their own receipts) after your App account is closed.
• Once your App account is closed, we will delete from our server all identifying attributes, all biometrics you used, all other ‘non-identity’ attributes (such as email), any associations to pages and applications created (the pages and applications themselves are not deleted), and all ‘remember me’ IDs (the IDs that identify a returning user to an integrated service).
• Whether your App account is closed by you or by us, you should delete the App from your device promptly following closure of your account. Please note that deleting the App from your device before deleting your App account will not delete your data but will sever the connection to your data. This means your data will become ‘orphaned’ in our system and will not be able to be accessed by you or us in any way. We delete orphaned data after three years.

• We’re in the business of making sure that you can share your personal details safely and securely. So, any personal information that you provide to us will be processed strictly in line with our privacy policy, which is available at https://www.yoti.com/privacy/app/lloyds-bank-smart-id/.

• If you decide to add more information to your App account in addition to your ID document, email address or phone number, Yoti might further verify that information by running extra checks with the body who issued the information, external identity checking providers and credit reference agencies. Such checks may include verifying your name, address and/or date of birth, credentials, or your banking details.
• Please see our privacy notice for more information about the checks we perform.
• Issuing authorities (who are organisations that Yoti trusts to issue credentials) may issue credentials into your App account that you can then either show as a form of identification or share with other parties using Yoti.
• From time to time, we might need to involve other third parties in delivering the services that our Products provide you. We reserve the right to transfer, assign, subcontract or deal in any other manner with our rights and obligations under these terms and conditions without your prior written approval, in accordance with applicable laws. Please note that you may delete your App account at any time (please see the “Closing/deleting your App account” section, above).

• We are very proud of our App, and, as we are sure you can understand, they contain some valuable intellectual property, trade knowledge and other confidential information. This means that you must not do any of the following:
  • Copy, sell, give, assign, or market our App to any third party; 
  • Modify, reuse, disassemble or decompile our App or any part of it;
  • Reverse engineer our App or any part of it (this means analyse our App in order to work out its function or structure, whether with or without the intention of re-creating or modifying it); or
  • Translate or create derivative works (adaptations) based on our App or any part of it.
• For the purposes of these terms and conditions, only Yoti owns or is the licensee of all intellectual property, know-how, trade knowledge and other confidential information in or arising out of or in connection with our App.

We aim to ensure that you can access and use our App at all times. However, your use of our App may from time to time be interrupted by maintenance, repairs or updates or other factors which we may not be able to control and we cannot guarantee to you that they will always be available. We will do our best to notify you of such situations as soon as possible after we become aware of them, but we will not be liable under any circumstances for any loss or damage caused because of such interruption of availability of our App, other than as set out below at section 12 (Our responsibility to you).

• Nothing in these terms and conditions excludes or limits our liability for death or personal injury if it’s caused by our negligence or, fraud or fraudulent misrepresentation (this means if we deliberately and knowingly make a false statement or representation with the intent to deceive or without belief in its truth or recklessly as to its truth). We will also take responsibility where we are required to by applicable law.
• Aside from the circumstances listed above, if we do not comply with these terms and conditions, we will be responsible for loss or damage you suffer that is a foreseeable result, to you and to Yoti, of our breach or our negligence (that is, any act or omission by us which falls short of a standard to be expected of a reasonable person).
• We are not responsible for any other loss or damage you suffer that is not reasonably foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by both you and us at the time you downloaded the App. To the extent permitted by law, we are not responsible for any loss whatsoever due to the actions of third parties (including bad actors) that were not made possible by our own negligence.
• Yoti is not under any circumstances liable to you for: 

a) any losses that were not caused by Yoti;

b) any business losses or liabilities: including loss of profit; loss of income; loss of goodwill (this means the good reputation enjoyed by a legal entity); loss of anticipated savings; loss of data; loss of business; business interruption or loss of business opportunity, however caused;

c) any credentials provided by third parties to your App account or a third party’s App account which you rely on; or

d) any data breaches by third parties with whom you chose to share information.

• If you breach these terms and conditions, we are not liable to you for any loss or damage you may suffer because of your breach.
• From time to time, we might need to update our App, for example, to improve the services we offer to you or for security reasons. We reserve the right to update, modify or terminate our App or your access for any reason, without notice, at any time, and without any legal responsibility to you. To use the most up-to-date functionality of our App you must download any updates we make available. You will be responsible for any loss or damage you may suffer by continuing to use an outdated version of the App. We do not guarantee that our App will work with all devices and operating systems and we are not responsible for maintaining the compatibility of our App with all updated or new operating systems and devices.
• We hope it never happens, but it is possible that something we have no control over might happen which makes it impossible for you to use some or all of the services provided through our App, such as a strike, riot or natural disaster. Although it is unlikely that this will happen, if it does, we will try to inform you about it and to minimise any disruption to your use of our App, including by taking mitigating measures, but we will not be liable to you for any loss of functionality or use.
• You have legal rights where we do not provide services with reasonable care and skill, and goods that are not of a satisfactory quality. Information about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office. Nothing in these terms and conditions will affect these legal rights.

• You are contracting with Yoti Limited, a company registered in England with number 08998951 and whose address is at 6th Floor, 107 Leadenhall St, London, EC3A 4AF. Subject to any mandatory requirements of your local law that override this paragraph, English law applies to any dispute or claim arising from these terms and conditions or your use of our Products (whether contractual or non-contractual) and we must each bring legal proceedings in the English courts.
• Your rights or obligations under these terms and conditions cannot be transferred, assigned, sublicensed, subcontracted, dealt in any other manner without our prior written approval. No other person has any right to enforce any of these terms and conditions, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Lloyds Bank is not a contracting party and so has no responsibility or enforcement rights under this contract.
• We may change or add to these terms and conditions from time to time, for example to reflect any changes: (i) in our policies; (ii) relevant laws and regulatory requirements; (iii) in the functionality of our App; or (iv) imposed on us by a third party. If we do make any changes, we will tell you and direct you to the revised terms and conditions the next time you use our App. If you do not understand or agree with the revised terms and conditions, you should stop using our App and close your App account (in line with section 6 on closing / deleting your App account). We will always post the most current version of the terms and conditions on our website and our App.
• No other change to these terms and conditions shall be valid.
• Each of these terms and conditions operates separately, meaning that if a court or other relevant authority decides that any term or condition cannot be enforced, the others will still remain in full force and effect.
• If we do not enforce any of our rights under these terms and conditions, this failure does not mean that we cannot or will not decide to enforce that right at a later point.
• If you have a dispute with us, contact us at hello@yoti.com and try to resolve the dispute informally. You and we will also have the option of resolving the dispute using court action.
• The English language version of these terms and conditions prevails.

• Please note that if you are accessing your App account through our website, for example, to check your activity or manage your profile, then these terms and conditions will also apply to the extent necessary for your use of the website.
• If you would like to contact us, you can do so by emailing hello@yoti.com