These Terms and Conditions apply when you add a Driver’s License or Identification Card issued by the State of Arkansas (“Credential”) by the Arkansas Department of Finance and Administration (“DFA”) to an application (“Digital Wallet”) that will allow you to present the digital or mobile form of your Credential (“mDL”) to verify your identity, demographics, and/or driving privileges with merchants, government entities, law enforcement, and other requesters in lieu of presenting your physical state-issued Credential pursuant to Arkansas law. DFA reserves the right to update these Terms and Conditions at any time and without notice as permitted by law, and your continued use of this mDL constitutes agreement to all such changes.
Use of the mDL
Adding your state-issued credential. A Credential can be added to the Digital Wallet by following the instructions of the Digital Wallet provider. You will only be eligible to create your mDL and add your mDL to the Digital Wallet if you have been issued a physical Credential by the State of Arkansas, and your Credential is valid.
A physical Credential will be issued to all applicants that qualify for issuance of a Credential, and upon election of the applicant, a digital or electronic version of the Credential may be issued. The mDL will not be the only form of Credential issued to you. A physical Credential may be required to be presented in certain circumstances, including but not limited to, interactions with law enforcement.
Adding your Credential to the Digital Wallet enables you to use the mDL wherever it is accepted via the Digital Wallet storing your mDL. DFA does not control the use or acceptance of the mDL beyond its use at DFA. The mDL may not be accepted at all places where the physical card is required.
By submitting information to DFA to add your Credential to the Digital Wallet, you agree that you are not impersonating another individual, collecting information about another individual, or violating any state or federal laws. Knowingly submitting false, or fraudulent information may result in civil and/or criminal penalties. Fraudulent use of the mDL may result in civil and/or criminal penalties for the user.
Terms that Apply. In addition to these Terms and Conditions, you agree that when you use the Digital Wallet, you will remain subject to the terms and conditions of your Digital Wallet provider. You understand that those terms and conditions with the Digital Wallet provider may be separate from these Terms and Conditions and that DFA is not a party to those terms with the Digital Wallet provider. The terms and conditions of the Digital Wallet provider may provide restrictions and limitations which may impact your use of the mDL, and such restrictions and limitations may be separate and distinct from these Terms and Conditions with DFA.
You agree that only your mobile device service carrier or Digital Wallet provider is responsible for its products and services. Although DFA is the provider of the mDL, DFA has no control over the use of the Digital Wallet. DFA is not responsible for the security or function of the Digital Wallet or any third-party products or services utilized by the Digital Wallet provider.
Suspension/Removal of a Card. DFA reserves the right to discontinue offering or supporting the mDL or the Digital Wallet for any reason. Unauthorized use of the mDL, including, but not limited to, unauthorized use of or entry into DFA systems, misuse of information or security credentials, is prohibited and will result in suspension, cancellation, or revocation of your mDL. You may not use the mDL in any fraudulent or misleading manner. Upon learning of any violation of these Terms and Conditions or any federal or state law related to the use of the mDL or related physical Credential, DFA may suspend, cancel, or revoke the mDL at any time without notice. You agree that DFA will not be liable to you or any third party for any suspension, cancellation, or revocation of the mDL. Suspension, cancellation, or revocation of the mDL may, or may not affect the status of your physical credential.
Privacy and Security
The data that passes between you and DFA through the use of the mDL will be encrypted. By using the mDL you acknowledge and accept that there is a risk of interception of information by third parties. DFA is not liable for any loss or damage you may incur in the event of such interception or security breach.
By provisioning your mDL through the Digital Wallet you are sending information to DFA and giving DFA permission to access your driver’s license or identification card record to compare information you have supplied to the Digital Wallet with information contained on your most recent driver’s license or identification card record. This comparison is necessary to prevent fraud and ensure that you are the person associated with this record prior to approving issuance of your mDL and adding the mDL to the Digital Wallet. You agree to cooperate with DFA as fully and as reasonably required in any investigation regarding the collection, maintenance, use, processing, or transfer of personal data.
DFA Use of Data. The information provided to DFA to provision the mDL to the Digital Wallet will not be sold or used for monitoring or tracking purposes.
The information supplied to DFA will be used to compare information you have supplied to the Digital Wallet with information contained on your most recent driver’s license record or identification card record to verify your identity. Data related to verifying your information may be shared with the Digital Wallet provider and DFA to provision the mDL to the Digital Wallet.
Information sent to DFA will become part of DFA records related to your existing DFA records and/or Credential. DFA uses all information provided in accordance with State and Federal laws, including 18 U.S.C. § 2721, et. seq.
DFA relies on information submitted via your Digital Wallet and from your device to verify eligibility for provisioning the mDL to the Digital Wallet. DFA is not responsible for any errors, or omissions in the data or processes of the Digital Wallet provider. The information you provide when adding your Credential into the Digital Wallet may be shared with the Digital Wallet provider and DFA. You agree that by using the mDL, you hereby consent to DFA sharing information (including information that may personally identify you) with the Digital Wallet provider to facilitate use of the mDL. You further agree that DFA may share non-personal information with the Digital Wallet provider to improve the Digital Wallet service. DFA does not control the privacy and security of your information that may be held by the Digital Wallet provider and that is governed by the privacy policy given to you by the Digital Wallet provider.
The Digital Wallet provider may store information received from or about the provisioning process per its own policies and terms and conditions of the use of its product. By using the Digital Wallet provider’s software or application to provision the mDL you may be consenting to storing the data provided by you through the Digital Wallet on their servers or within their network. DFA is not responsible for loss of or exposure of data, or any injury as a result of such loss or exposure, due to the Digital Wallet Provider’s storing of data provided through the Digital Wallet or the process of adding the mDL to the Digital Wallet. For more information about the Digital Wallet provider’s storing of data, please refer to the terms and conditions provided by the Digital Wallet provider.
Disclaimer of Warranty and Limitation of Liability
The information and services on the mDL are provided on an “AS IS,” and “AS AVAILABLE” basis. DFA does not warrant the information or services provided herein or your use of the mDL for any particular purpose. DFA disclaims any and all warranties, expressed or implied, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. DFA will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you through the mDL. DFA cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you through the mDL for any particular purpose.
DFA will not be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this mDL, or resulting in any way from or in connection with any errors, acts or omissions in the technical operation or content of the mDL; any action taken in connection with an investigation by DFA, law enforcement or other authorities regarding your use of the mDL; any other claim relating to your access to, inability to access, or use of the mDL. Regardless of whether the circumstances giving rise to such cause may have been within the control of DFA or of any vendor providing software or services, in no event will DFA or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages or any other damages of any kind even if DFA or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any malware or software upgrade which may impact a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other connection issues, unauthorized access, theft, operator errors, or any force majeure. DFA cannot and does not guarantee continuous, uninterrupted or secure access to the mDL. In no event will DFA or its affiliates be liable to you or anyone else for any loss or injury. By accessing this digital wallet, you agree to indemnify, defend and hold DFA and its vendors or contractors harmless from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your breach of this agreement; (b) your violation of any local, state, federal or international law, rule or regulation; (c) a claim by a third party that is based on your use of the mDL; (d) information or material posted or transmitted through your computer or account, even if not submitted by you; (e) any misrepresentation made by you; (f) the theft, misappropriation or disclosure of your security credential; or (g) your authorization of anyone else to use your security credential. You will cooperate as fully and as reasonably required in DFA’s defense of any claim. DFA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of DFA.
Miscellaneous
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Arkansas without giving effect to any choice-of-law or conflict-of-law rule (whether of the State of Arkansas or of any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Arkansas, and the parties unconditionally waive their respective rights to a jury trial. Any claims you may assert against DFA shall be brought before the Arkansas State Claims Commission (“Commission”), which shall have exclusive jurisdiction over such claims. Despite the existence of a dispute between the Parties to this Agreement, including a claim pending before the Commission, the Parties will continue to comply with and perform their obligations under these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between DFA and you with respect to the mDL, and they supersede all prior or contemporaneous communications, agreements, and understandings between DFA and you with respect to the subject matter hereof. DFA is not responsible for the function of the Digital Wallet or actions taken by the Digital Wallet provider that may affect your access to or use of the mDL.