Boink Technologies, Inc. (hereinafter, “our”, “we”, “us” or “SLUSHY”) is committed to providing a safe space for all Users to use the Platform, for all Creators to Publish Content to the Platform and for all Creators and Members to interact online. In connection with this commitment, SLUSHY maintains a robust age and identity validation process for all Members seeking to engage with the Platform and other Members on certain levels. The Compliance Criteria and Member Permissions charts set forth below describe our compliance process in detail and illustrate what we will require from you in order to grant you certain access to and permissions on the Platform.
1. Definitions.
Definitions. Defined terms used herein have the same meanings given to them in the Terms of Use for Creators, Terms of Use for Members and Terms of Use for all Users, as applicable. In addition:
1. 1. “Compliance Criteria”
shall refer, individually or collectively, to: (i) one or more pieces of personal information (such as a Government ID) that a Member must provide to us for our review and approval, and (ii) one or more KYC Checks that a Member must undergo before such Member is permitted to interact with other Members or Creators or to Publish or be identified in Content on the Platform. Please refer to Section 3 herein for additional detail;
1. 2. “KYC Check(s)”
shall refer to one or more of the Know-Your-Customer checks that a Member must clear before being permitted to access certain features of the Platform, each of which will be performed by a third-party service provider chosen by us, in our sole discretion, and which shall include the KYC Government ID Check, the KYC Biometric Liveness Check, the KYC Selfie Check and the Sex Offender Registry Check (if applicable based on the Member’s country of residence);
1. 3. “KYC Government ID Check”
shall refer to one of the KYC Checks, pursuant to which information from a Member’s Government ID is extracted and verified for authenticity using automated heuristic checks. See Appendix I for more details;
1. 4. “KYC Biometric Liveness Check”
shall refer to one of the KYC Checks, pursuant to which a Member’s face is first scanned by a smartphone, computer camera or other facial recognition device, and artificial intelligence is then used to confirm that the Member is not spoofing such facial recognition device;
1. 5. “KYC Selfie Check”
shall refer to one of the KYC Checks, pursuant to which the image of the Member’s face captured by the KYC Biometric Liveness Check is compared to the image of the Member’s face on the Government ID previously provided in accordance with the KYC Government ID Check;
1. 6. “Member Permission(s)”
shall refer to one or more rights that a Member may have with respect to the Content, the Platform and other Members, depending on the Compliance Criteria satisfied by that Member; and
1. 7. “Sex Offender Registry Check”
shall refer to SLUSHY’s review of a public sex offender registry or similar database in the Member’s country of residence, to the extent one exists, to confirm that Member is not currently or was previously listed thereon;
2. Compliance Level
Members will be permitted to engage with the Platform with different levels of use and access depending on the Compliance Criteria they provide and/or satisfy. SLUSHY currently utilizes five (5) separate categories of compliance (each, a “Compliance Level”), each of which are characterized by corresponding Compliance Criteria and Member Permissions. These categories are:
- Anonymous Member
- Confirmed Member
- Certified Member
- Creator
3. Compliance Criteria
Compliance Criteria. The following chart sets forth the specific Compliance Criteria that a Member must provide SLUSHY and/or Persona in order to clear the corresponding Compliance Level:
| Compliance Criteria | Anonymous | Confirmed | Certified | Creator |
|---|---|---|---|---|
| Member agrees to the Terms of Use for all Users | Yes | Yes | Yes | Yes |
| Member represents that they are above the age of majority in their state or country of residence (18+ or 21+, as applicable), but SLUSHY has not confirmed the validity of Member’s Government ID | Yes | Yes | Yes | Yes |
| Member agrees to the Terms of Use for Members | Yes | Yes | Yes | Yes |
| Member passes KYC Government ID Check, which includes verification of Member’s age | No | Yes | Yes | Yes |
| Member passes KYC Biometric Liveness Check | No | No | Yes | Yes |
| Member passes KYC Selfie Check | No | No | Yes | Yes |
| Member passes Sex Offender Registry Check (if applicable) | No | No | Yes | Yes |
| Member is a citizen or legally residing in the United States or Canada | No | No | No | Yes |
| Member agrees to the Terms of Use for Creators | No | No | No | Yes |
4. Member Permissions.
The following chart sets forth the specific Member Permissions that a Member will gain depending on the corresponding Compliance Level that they have been granted based on the Compliance Criteria provided:
| Member Permissions | Anonymous | Confirmed | Certified | Creator |
|---|---|---|---|---|
| Send Direct Messages containing text only | Yes | Yes | Yes | Yes |
| Increased spending limits (when full name on credit card matches full name extracted from Government ID) | No | Yes | Yes | Yes |
| Send Direct Messages containing text and/or images | No | No | Yes | Yes |
| Send Direct Messages containing text, images, and/or videos | No | No | Yes | Yes |
| Be identified in Content uploaded by another Creator containing only images | No | No | No | Yes |
| Be identified in Content uploaded by another Creator containing images and/or videos | No | No | No | Yes |
| Publish any type of Content to your own profile page | No | No | No | Yes |
| Distribute and Sell any type of your own Content | No | No | No | Yes |
Appendix I
Persona Government ID Verification Process
SLUSHY uses Persona for ID Verification. Persona is certified to the highest industry standards and committed to protecting Users’ privacy.
General Information
- Persona covers 200+ countries and is available in 20 different languages.
- Persona provides access to thousands of data sources and passive fraud signals so that SLUSHY can accurately verify Users, detect duplicate Users, and stop repeat fraudsters.
- Persona’s security and privacy frameworks are based on and aligned with global standards that ensure the highest grade of security is met and exceeded.
- They are CCPA, GDPR, AICPA SOC 2, FERPA, and HIPAA compliant.
- Their backup and replication program ensures data availability across primary and secondary systems so that Slushy can easily obtain access for authorities if need be.
- They maintain a comprehensive vulnerability management program which includes regular scanning, identification, and remediation of security vulnerabilities on infrastructure, endpoints, networks, and applications.
- All web traffic through Persona is encrypted via HTTPS and TLS 1.2. Data in the database is encrypted using AES-256 encryption.
- Decryption keys are stored on separate hosts and rotated on a regular basis. They also employ third-party security experts to perform penetration tests.
Persona’s ID Verification Process:
- When a Creator is invited to the platform and proceeds to register, or a User wishes to send a message to a Creator with an image or video, they are asked for ID verification.
- Once they match the person to the ID, they will be verified
- First Persona will ask for the country that their government ID is from, and choose the ID type they wish to provide
- Next it will ask them to upload a photo or scan their ID
- Immediately after, persona will ask for access to the users camera, and they will scan their face, asking them to look to the left and right