Terms of Use and Privacy Notice for Mobile ID Number Authentication Service
Date of Revision: December 15, 2023
The “Mobile Number ID Authentication Service” (hereinafter referred to as the “Service”) provided by TAIWAN-CA Inc. (hereinafter referred to as “TWCA”) is performed through telecommunication companies (Chunghwa Telecom Co., Ltd., Taiwan Mobile Co., Ltd., and Far EasTone Telecommunications Co., Ltd.). When you click “Agree” or use the Service, it means that you agree to comply with the following terms and conditions:
I. The Service can be categorized according to different functions as follows:
a. Mobile ID identification (hereinafter referred to as “Service 1”) shall mean any transaction where you initiate an inquiry to verify the mobile phone number (hereinafter referred to as the “Mobile Number”) and National ID Number provided by you for transaction.
b. Device verification (hereinafter referred to as “Service 2”) shall mean any transaction where you initiate an inquiry to verify whether you are the user of the Mobile Number used for transaction.
c. Mobile Number data verification (hereinafter referred to as “Service 3”) shall mean any transaction where a service provider agreed by you initiates an inquiry to verify the Mobile Number and National ID Number provided by you for transaction.
d. Mobile ID identification for aliens (hereinafter referred to as “Service 4”) shall mean any transaction where you initiate an inquiry to verify the Mobile Number and the passport number, the unified permit number for aliens, or the permit number for entering or exiting Taiwan provided by you for transaction.
e. Corporate Mobile Number verification (hereinafter referred to as “Service 5”) shall mean any transaction where an employee of a company of the corporate Mobile Number initiates an inquiry to verify whether you are the user of the corporate Mobile Number and Unified Business Number used for transaction.
f. Corporate Mobile Number data verification (hereinafter referred to as “Service 6”) shall mean any transaction where a service provider agreed by you initiates an inquiry to verify the corporate Mobile Number and Unified Business Number provided by you for transaction.
g. Name data verification (hereinafter referred to as “Service 7”) shall mean any transaction where you initiate an inquiry to verify the Mobile Number, National ID Number, and name data provided by you for transaction.
h. Mobile Number status verification (hereinafter referred to as “Service 8”) shall mean any transaction where you initiate an inquiry to verify the Mobile Number and National ID Number provided by you for transaction and to verify the usage status of the Mobile Number rented by you.
II. Terms of Use of the Service
a. Limitations on User Identity: Services 1, 3, 4, 7 and 8 are limited to be applied and used by natural persons and, except for Service 4, by people with R.O.C. nationality only. Services 5 and 6 are limited to the employees of a company using the corporate Mobile Number. If you are under the statutory age of majority, you must obtain the consent of your legal representative on the Terms of Use in order to use the Service. If you are the legal representative of a minor, you are required to represent the minor for the agreement on the Terms of Use and shall bear liabilities for all actions of use of the Service, regardless of whether the minor is using the Service under your supervision.
b. Limitations on the Mobile Number: Services 1, 3, 4, 7 and 8 are limited to monthly rental type Mobile Numbers (excluding pre-paid cards, parent-child type Mobile Numbers, and corporate Mobile Numbers), which must be in the status of normal use. Besides, for Services 1, 2, 4, 5, 6, 7 and 8, the “Mobile Data Service” shall be activated. During the use of the Service, it is necessary to turn off Wi-Fi and use a smart terminal equipped with the function of the “Mobile Data Service” for the Service.
c. Limitations on Service Use: You shall only use the Service within the scope permitted by law. In case you violate the law or engage in illegal use, TWCA has the right to suspend or terminate your use.
d. User Responsibilities: Services 1, 4, 7 and 8 are limited to your personal use (the lessee of the Mobile Number) and shall not be transferred to others for use. Otherwise, you shall be liable for all disputes or losses arising therefrom. Any reproduction or modification of the Service is prohibited. In case any such action is discovered, TWCA may report it to the relevant authorities to pursue criminal liabilities for forgery, alteration, or exercise thereof. In addition, TWCA may claim damages from the user of the Service for all losses suffered therefrom.
In the event of loss of the mobile phone or SIM card, you shall promptly contact your telecommunication provider to report the loss of the mobile phone number in order to protect your rights and benefits.
e. Software (applicable only to Services 1, 2, 4, 5, 7 and 8): Unless otherwise specified in a license agreement, the Terms of Use are applicable to all software provided by TWCA in the Service provided to you. TWCA reserves all other rights not expressly granted in the Terms of Use. Any third party's instruction codes or source codes linked to or referenced by the Service are authorized for your use by the third party (not TWCA) that owns such instruction codes or source codes.
f. Disclaimer of Warranties and Limitations on Liabilities:
1. TWCA makes no express or implied warranty of any kind with respect to the Service; nor does TWCA make warranties with respect to the stability, security, error-free, and non-interruption of any item of the Service.
2. TWCA does not warrant that the results of the use of the Service or the information obtained from TWCA will be satisfactory to users; nor does TWCA warrant that users will not get access to inappropriate content.
3. In case you cannot use the Service, TWCA shall not be liable for any direct, indirect, consequential, or special damages caused thereby. Where the aforesaid limitations on liabilities are not permitted under the law, such limitations are not applicable.
4. In regard to your use of the content service (including but not limited to the products or services provided by the website or app of any service provider for your use) provided by any service provider (including but not limited to TWCA or its synergistic suppliers), the liabilities at law related to warranties against defects or the legality of the products or services shall be borne by the service provider providing such products and services.
5. For regulations on the use and after-sale service, etc. of the products or services provided by any service provider, please contact the service provider.
g. Suspension, Termination, and Cancellation of Use of the Service:
1. If you violate any provision of the Terms of Use, TWCA has the right to immediately suspend, terminate, or cancel your qualification to use the Service without any prior notice, and reject your current or further use of the Service. This is necessary for TWCA to protect the interests of all users; the phone number or the email address registered by you will be used to issue a notice to you subsequently. You shall not request compensation for the above. Where there is serious violation, a likelihood of violating the law, or violation of the law, TWCA has the right to submit the case to the competent authority or the judicial agency for handling. You agree that TWCA has the right to determine at its sole discretion whether a user's actions comply with the requirements of this clause and whether it is necessary to adopt certain corresponding measures depending on the situations of the violation.
2. Upon occurrence of any of the following circumstances in connection with the Services, TWCA has the right to stop or interrupt the Service without any prior notice. In case of any difficulty, inconvenience, or damage caused to you or a third party, TWCA shall not be liable in any way.
1) Where there is a need to perform necessary maintenance and construction of electronic telecommunication equipment.
2) Where sudden malfunction of electronic telecommunication equipment occurs.
3) Where the electronic telecommunication service applied is stopped due to any cause such that the Service cannot be provided.
4) Where the Service cannot be provided due to force majeure events of natural disasters, etc.
5) Where relocation, replacement, or maintenance is performed on relevant systems and equipment.
6) Where the Service is stopped or interrupted due to matters not attributable to TWCA.
7) Where the Service is stopped or interrupted due to force majeure events.
3. Based on the characteristics of the Internet, you understand and agree that during the use of the Service of TWCA, you shall adopt protective measures on your own. In cases where all or a portion of the Service is interrupted, temporarily out of order, or delayed, where data transmission or storage is lost or mistaken, or where data is altered or forged by a third party who hacks into the system due to malfunction, failure, or personal operational fault of network systems, software/hardware, and equipment of TWCA, synergistic suppliers, or relevant telecommunication operators, TWCA shall not be liable in any way. In cases where you violate this clause or relevant laws and regulations or engage in other improper use, TWCA may restrict or terminate your right to use the Service without any prior notice, and you shall not request indemnification or compensation for the above.
4. In cases where your phone number is suspended, canceled, annulled, transferred, or otherwise terminated, TWCA may restrict or terminate your right to use the Service without any prior notice, and you shall not request indemnification or compensation for the above.
h. Governing Law and Competent Court: The Terms of Use shall be governed by the laws of the R.O.C. In case of litigation due to any dispute arising from the Service, the Taiwan Taipei District Court shall be the competent court of the first instance unless there is any compulsory provision at law.
III. Privacy Notice
Notification and Consent on Collection, Processing, and Use of Personal Data.
To provide the Service, it is necessary for TWCA to collect, process, and use your personal data. To protect your legitimate rights and benefits, please read the following carefully:
a. Purposes of Collection: The Use of Mobile Number ID Authentication Service (including but not limited to 069-contracts, similar contracts, or other legal relationship affairs, 090-consumers, customer management and service, 133-operation of telecommunication business and telecommunication value-added network business, 135-information (communication) service, 136-information (communication) and database management, 137-information and communication security and management, 148-online shopping and other e-commerce services).
b. Categories of Personal Data (the following information may be used in whole or in part depending on the service item):
1. Personal Identity: Mobile phone numbers, device information (such as the model number and operating system version of your terminal equipment, device unique identifier, and mobile network information including mobile phone numbers), SIM card information, date of birth, Mobile Number telecommunication service information (including but not limited to relevant contents helpful for identifying personal identity such as the application method and the period of holding the Mobile Number, etc.).
2. Identity from Governmental Information: National ID Number, the passport number, the unified permit number for aliens, and the permit number for entering or exiting Taiwan.
c. Time Period, Territory, Recipients, and Methods of Use of Personal Data:
1. Time Period: Execution period of the Service.
2. Territory: Within the jurisdiction of the R.O.C.
3. Recipients: TWCA, service providers, and telecommunication companies, or competent authorities in charge of the industry of TWCA or other third parties according to laws and regulations.
4. Methods:
1) TWCA will perform identity verification on the personal data provided by you through digital collection, processing, and use, and will transmit the personal data provided by you to your telecommunication company to perform online instant identity verification.
2) You agree to authorize your telecommunication company to transmit verification results to TWCA after performing a comparison between the aforesaid personal data and your personal data retained by your telecommunication company.
d. Rights and Methods Exercisable by the User: You may bring your personal identification documents to TWCA in person to exercise the rights specified in Article 3 of the Personal Data Protection Act, which include: (1) the right to make an inquiry of and to review your personal data; (2) the right to request a copy of your personal data; (3) the right to supplement or correct your personal data; (4) the right to demand the cessation of the collection, processing or use of your personal data; and (5) the right to erase your personal data. However, due to the needs for carrying out business, such personal data may not be deleted before the end of the specific purpose or where the retention period is not yet expired. The methods of exercising the rights shall comply with the laws and relevant regulations of TWCA (www.twca.com.tw).
e. Impacts on the User's Rights and Benefits if Personal Data Is Not Provided: If you fail to or cannot provide the aforesaid personal data to TWCA, the Service will not be available.
IV. Other Provisions
a. Any matters not covered in the Terms of Use and the Privacy Notice shall be handled according to the provisions specified in the website of the Service or by various service providers. If there is no relevant or applicable provision, it shall be handled based on the principle of good faith.
b. TWCA may amend the Terms of Use at any time, and the amended contents are to be published on relevant webpages of the Service without further notice to each user. Once the amendment is published, it shall be deemed effective and that you have received legitimate notice. Your action of continued use of the Service shall be deemed acceptance of such amended contents. Where TWCA makes no publication of an amendment, the contents of such amendment is null and void.