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Acceptable Use Policy (AUP)

Your right to use the FaceFirst software both on premises or as and to the extent hosted by FaceFirst, as applicable, may be suspended or terminated for violation of this acceptable use policy (AUP).

Creation of enrollments in the software can cause irreparable harm to FaceFirst and to you if not completed in strict compliance with this AUP and applicable laws.
There are three categories of enrollments in the software, each with associated enrollment criteria (“Enrollment Criteria”):

  • Involuntary Enrollments, which are done without the knowledge of or approval of the enrollee
  • Voluntary Enrollments, which are done at the request of the enrollee
  • Law Enforcement Enrollments, which are done at the request of a law enforcement officer

Authorized users may create an Involuntary Enrollment using the software that meets the following Enrollment Criteria based on observed or credibly reported incidents and probable cause:

  • Violence
  • Known loss (e.g., theft, fraud) from a single incident or multiple incidents that exceed a monetary threshold that is commensurate with the nature of the client and client’s inventory, as reasonably determined by client but subject to FaceFirst objection if in FaceFirst’s good faith opinion the threshold presents a risk of irreparable harm to FaceFirst or to you for not being defensible given then-current industry practices and/or laws.
  • Trespassing
  • Threats or harassment directed at employees or customers, whether in person or communicated via social media, text messages, phone calls, or the like
  • Behavior that is likely to cause fear or alarm to employees and/or customers
  • Material disruption to operations in clear violation of your policies
  • Circumstances that present an imminent and serious threat to people or property

Suspicion, even if reasonable, DOES NOT qualify as a criterion for involuntary enrollment. There must be probable cause to believe the incident has occurred. Reasonable suspicion is a step before probable cause. At the point of reasonable suspicion, it appears that the incident may have occurred. This is not sufficient for enrollment. An individual may only be enrolled in the software for probable cause if it is clear that the incident has most likely occurred.

Authorized users may create a Voluntary Enrollment using the Software that meets the following Enrollment Criteria:

  • Customer VIP/loyalty programs with voluntary, informed opt-in and opt-out provisions as approved by FaceFirst
  • Special circumstances based on the specific client with voluntary, informed opt-in and opt-out provisions as approved by FaceFirst (e.g., gambling self-exclusion)

Authorized Users may create a Law Enforcement Enrollment at the request of a law enforcement officer or related agency.

  • A restraining order (i.e., an order of protection notice)
  • Request by a law enforcement agency related to a criminal investigation or other reason (e.g., AMBER Alert)

All incidents involving employees or independent contractors must be reported to the direct supervisor of such individuals and, in the case of an employee, to the designated human resources representative, to ensure compliance with the Involuntary Enrollment Criteria.

You may not use the software to engage in, foster, or promote abusive or irresponsible behavior, or for any personal reasons or any departmental or company reasons not meeting Enrollment Criteria.

The foregoing includes, without limitation, using any data gathered using the software to assist in:

  • Establishing an individual’s eligibility for personal credit, loans, insurance, or assessing risks associated with existing consumer credit obligations
  • Evaluating an individual for employment, promotion, reassignment, performance, or retention
  • Evaluating an individual for education opportunities, scholarships, or fellowships
  • Evaluating an individual’s eligibility for a license or other benefit granted by a government agency or evaluating an individual in connection with any other product, service, transaction, or in any other manner that violates any applicable laws.

You may not use the software in any manner that does or is intended to:

  • Cause emotional or physical harm to, discriminate against, stalk, or otherwise harass any other person.
  • Seek information about or harm minors in any way.
  • Seek information about celebrities or public figures.
  • Produce or distribute any libelous, obscene, or other material that is or could be considered inappropriate.
  • Infringe upon the legal or proprietary rights of any third party, including any intellectual property, publicity, privacy, or any other right.
  • Otherwise use any aspect of the software or service for unlawful or illegal purposes.

You may not disclose data you gather using the software except for disclosures to your employees, consultants, law enforcement, a court, or representative of a legally entitled agency who requires access to such information to perform duties or exercise rights under this AUP and who is bound to confidentiality obligations.

Minors (as defined in the applicable jurisdiction) shall not be knowingly involuntarily enrolled except as permitted by law.

You agree to permit FaceFirst to audit and otherwise monitor your compliance with these requirements pursuant to FaceFirst’s provision of the hosting service or with respect to on-premises software, upon reasonable notice via remote access granted to FaceFirst and subject to your reasonable remote access guidelines that have been provided to FaceFirst.

Notwithstanding the foregoing, if FaceFirst discovers a violation of this AUP that may result in irreparable harm to FaceFirst in FaceFirst’s sole discretion, FaceFirst may immediately use the hosting service or such remote access to suspend your use of the software until appropriate training has been conducted and other mitigation steps as identified by FaceFirst have been implemented and assurances satisfactory to FaceFirst have been provided by you that such violations have been corrected and that you will closely monitor use of the software to ensure such violations do not reoccur. If you fail to obtain such training and/or correct such violations after a reasonable opportunity has been provided (not to exceed 30 days), such failure shall be deemed an uncured breach of the agreement, and FaceFirst may terminate the agreement and the order upon written notice to the client.