Terms and Conditions

1. Introduction and Acceptance

Welcome to the Cleared Verification Platform ("Cleared," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of the Cleared mobile application and web platform ("Platform") as a customer ("you" or "Customer"). By creating an account, using the Platform, or submitting verification requests, you agree to be bound by these Terms.

Cleared is operated by Software Factory Limited, a company registered in Jamaica. We provide identity verification, address verification, income verification, reference checks, and background verification services ("Services") to individuals and organizations.

2. Eligibility and Account Requirements

2.1 Age Requirement: You must be at least 18 years old to use the Platform.

2.2 Accurate Information: You agree to provide accurate, current, and complete information during registration and verification processes.

2.3 Account Security: You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately of any unauthorized access.

2.4 Single Account: You may only create and maintain one account per person.

3. Services Provided

3.1 Verification Services: Cleared offers the following verification services:

• Identity Verification: Confirms your identity using government-issued ID documents, facial biometric matching, and watchlist screening.
• Address Verification: Validates your residential or business address using utility bills, GPS data, site visits, and landlord/neighbor confirmations.
• Income and Employment Verification: Confirms employment status, job title, tenure, and income using payslips, employer records, and TAJ (Tax Administration Jamaica) data.
• Reference Verification: Contacts your professional or personal referees to validate relationship, performance, and conduct.
• Background and Criminal Records Check: Searches local and international databases for criminal history, sanctions, adverse media, and professional disciplinary actions.

3.2 Verification Process: Each verification involves document upload, automated checks, human review by trained agents, and supervisor approval for high-risk cases.

3.3 Results Storage: Verification results are stored securely and remain valid for sharing with approved organizations for up to 12 months (or until you request deletion).

4. Data Collection and Consent

4.1 Data We Collect: To perform verifications, we collect:

• Personal identification data (name, date of birth, address, ID numbers)
• Government-issued ID documents (passport, driver's license, national ID)
• Biometric data (selfie photos for facial matching)
• Proof of address documents (utility bills, bank statements, property records)
• Employment and income documents (payslips, employment letters, TAJ records)
• Referee contact information and feedback
• Criminal records and background check data (JCF records, court records, sanctions lists)

4.2 Consent for Processing: By using the Platform, you consent to the collection, processing, and storage of your personal data for verification purposes in accordance with Jamaica's Data Protection Act 2020.

4.3 Consent for Sharing: You retain control over who can access your verification results. Third parties (employers, landlords, financial institutions) can only access your data if you explicitly grant consent for each request.

5. Data Sharing and Third-Party Access

5.1 Controlled Sharing: Verification results are never shared without your explicit consent. When you approve a sharing request, we provide:

• Verification status (cleared/not cleared)
• Specific verification details relevant to the request purpose
• Tamper-evident digital signatures to prove authenticity

5.2 Purpose Limitation: Each consent is tied to a specific purpose (e.g., employment screening, loan application). If the recipient changes the purpose, you must provide fresh consent.

5.3 Revocation: You can revoke consent at any time by logging into your Cleared account or contacting us at support@cleared.id. We will stop further sharing immediately, though data already downloaded by the recipient cannot be retrieved.

5.4 Audit Trails: Every sharing event is logged with timestamp, recipient details, and purpose. You can view your sharing history in the "Requests for Verification" section of the app.

6. Your Rights and Responsibilities

6.1 Your Rights (under Jamaica's Data Protection Act):

• Right to Access: Request a copy of all personal data we hold about you.
• Right to Rectification: Correct inaccurate or incomplete data.
• Right to Erasure: Request deletion of your data (subject to legal retention requirements).
• Right to Object: Object to specific processing activities.
• Right to Data Portability: Receive your data in a machine-readable format.
• Right to Lodge a Complaint: Contact Jamaica's Office of the Information Commissioner (OIC) at oic.gov.jm.

6.2 Your Responsibilities:

• Provide truthful and accurate information during verification.
• Protect your account credentials and notify us of unauthorized access.
• Use the Platform only for lawful purposes.
• Do not attempt to bypass security controls or access other users' data.

7. Security and Data Protection

7.1 Encryption: Your data is encrypted using TLS 1.3 during transmission and AES-256 when stored on our AWS infrastructure.

7.2 Access Controls: Only authorized personnel with legitimate business needs can access your data. All access is logged and monitored.

7.3 Data Retention: We retain your verification data for:

• 12 months after your last verification (for sharing purposes)
• 7 years for compliance and audit purposes (after which data is securely deleted)

7.4 Incident Response: If a data breach occurs, we will notify you and the Office of the Information Commissioner within 72 hours, as required by Jamaican law.

8. Fees and Payments

8.1 Free Verification: Initial identity verification is free for all customers.

8.2 Premium Services: Additional services (background checks, income verification, expedited processing) may incur fees. You will be notified of costs before proceeding.

8.3 Refunds: Fees are non-refundable once verification processing begins, except in cases of service failure or error on our part.

9. Prohibited Uses

You may not:

• Use the Platform for illegal activities or fraud.
• Impersonate another person or provide false information.
• Attempt to hack, reverse engineer, or disrupt the Platform.
• Share your account with others or create multiple accounts.
• Use automated bots or scripts to access the Platform.
• Harass, threaten, or abuse Cleared staff or other users.

10. Intellectual Property

10.1 Our Content: The Cleared brand, logo, Platform design, and all related intellectual property are owned by Software Factory Limited.

10.2 Your Content: You retain ownership of documents and data you upload. By uploading, you grant us a limited license to process, store, and share your data as necessary to provide the Services.

11. Disclaimers and Limitations of Liability

11.1 Service Availability: We strive for 99.5% uptime but do not guarantee uninterrupted access. We are not liable for downtime due to maintenance, third-party outages, or force majeure events.

11.2 Verification Accuracy: While we use best efforts to ensure accuracy, we are not liable for errors in third-party data sources (government databases, employer records, etc.).

11.3 Limitation of Liability: Our total liability to you for any claims arising from these Terms is limited to the fees you paid for Services in the 12 months preceding the claim.

11.4 No Warranty: The Platform is provided "as is" without warranties of any kind, express or implied.

12. Termination and Account Suspension

12.1 Voluntary Termination: You may close your account at any time by contacting support@cleared.id. Your data will be deleted within 30 days unless legal retention requirements apply.

12.2 Involuntary Suspension: We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or pose a security risk.

12.3 Data After Termination: After account closure, we retain audit logs and compliance records for 7 years as required by Jamaican law. All other data is deleted.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email or in-app notification. Continued use of the Platform after changes constitutes acceptance.

14. Governing Law and Dispute Resolution

14.1 Governing Law: These Terms are governed by the laws of Jamaica.

14.2 Dispute Resolution: Any disputes arising from these Terms will be resolved through good-faith negotiation. If unresolved, disputes will be submitted to arbitration in Kingston, Jamaica, under the rules of the Arbitration Act of Jamaica.

14.3 Jurisdiction: You agree to the exclusive jurisdiction of the courts of Jamaica.

15. Contact Information

If you have questions about these Terms, please contact us:

• Email: support@cleared.id
• Data Protection Officer: dpo@cleared.id
• Phone: 876-CLEARED (876-253-2733)
• Address: Software Factory Limited, Kingston, Jamaica