Datatrac Online Inc d/b/a Data-trac.com
TERMS AND CONDITIONS AGREEMENT
This Agreement is entered into on
March 9, 2016
by and between above listed user,
(referred to herein as “Client”) and Datatrac Online Inc. (hereafter referred to as “Provider”) for
commencement of services to begin on the first date of the approval of the Client.
- SERVICES: Provider will furnish Client on request consumer and business information or other data stored or accessed by Provider’s
reporting system. Client will provide Provider with appropriate identifying information as to itself and other requested information.
- Client USE LIMITATIONS: WHEREAS, the Federal Gramm-Leach-Bliley Act, 15 U.S.C.A. Section 6801 et seq. (2000),
(“GLB Act”) was enacted to protect the use and disclosure of non-public personal information, including, in certain instances, the use of
identifying information only; and WHEREAS, the Federal Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq. (“FCRA”) was, in
part, enacted to address the collection and use of information concerning consumers that relates to an individual’s credit-worthiness,
credit standing, credit capacity or the general reputation of the individual; and WHEREAS, the GLB Act provides limited exceptions
under which such information may be used; NOW, THEREFORE, Client hereby certifies to Provider that Client has determined
that Client’s use of certain identification-only products (“Reference Products”), including but not limited to Credit Header Products
is pursuant to an exception under the GLB Act and/or constitutes a permissible purpose as defined by the FCRA. Client
acknowledges that it is in its best interest to implement the Fair Information Practice Principles and agrees that in addition to using these
Reference Products pursuant to a GLB Act exception and/or a permissible purpose as defined by the FCRA, it will use these Reference
Products in compliance with Fair Information Practice Principles. Client hereby certifies that its use of the Reference Products
shall be for Purpose(s) designated below in the section entitled, “Certification of uses for Non-Public Information Products”
Client acknowledges that Client has read and does understand the information set forth above and understands that failure
to abide by the Fair Information Practice Principles or attempting to access restricted information for any reason other than as
designated by Client may result in immediate termination of access or to other remedies. Further, Client acknowledges receipt
of “Access Security Requirements” and agrees to abide by the terms and conditions described therein.
Client understands that Provider cannot provide legal advice regarding the appropriate uses of non-public, personal information
and that it is Client’s obligation and responsibility to seek legal counsel in interpreting the applicable laws. However, regardless of
the opinion of Client’s legal counsel, Provider will allow or restrict access to products based on Provider’ understanding of the
applicable laws. All such decisions are the sole discretion of Provider and shall be final.
Provider will, from time to time, in the ordinary course of business, in order to fulfill its compliance obligations, routinely and
randomly audit, through a variety of means, the use of information obtained by Provider Clients from Provider. Client agrees to
provide to Provider such access or documentation as Provider deems necessary to perform such audits in order to verify the legitimacy of a
request for non-public information. Provider shall protect the confidentiality of all information obtained through such audits. Client
acknowledges that failure to provide such access or documentation may result in immediate restriction of access or other remedies.
CERTIFICATION OF USES FOR NON-PUBLIC INFORMATION SEARCHES: By Agreeing, you certify that any use of Non-Public Information
Searches are performed for one or more of the following uses approved below:
- Child Support Enforcement
- Employment Screening
- Employment Verification
- Legal Process Service
- Fraud Prevention
- Insurance Claims Investigation
- Locate Beneficiaries and Heirs
- Locate Missing Persons
- For required institutional risk control or for resolving consumer disputes or inquiries
- Locate Former Employees
- Locate Alumni - Class Reunions
- Locate Existing Customers
- Product Recalls
- People Locator Service
- Locate Former Patients (Medical Industry ONLY)
- Tenant Screening
- Locate Owners of Unclaimed Goods
- Witness & Victim Locating in a documented criminal or civil action
- Locating Fraud Victims in an active criminal or civil action
RESTRICTED USES: The following is a list of unacceptable uses for our services, products or information:
- May NOT be used to locate suspects in a criminal or civil lawsuit in order to develop a news story.
- May NOT be used to track down victims of fraud, their family members or friends to develop a news story.
- May NOT be used to locate lost loves, friends, family members or for personal reasons (dating, etc.)
- May NOT be used for purposes that may cause physical or emotional harm to the subject of the report (e.g. stalking, harassing, etc.)
- May NOT be used to search for individuals involved in an adoption (children, parents, siblings, etc.)
- May NOT be used to locate personal information on well known/high profile celebrities, government officials, etc.
- May NOT be used in connection with credit repair services, to locate previous debtors or to assist in the determination of whether or not to file a personal lawsuit or judgment against the subject of the report.
- May NOT be used to access individual reference data on ones self or out of personal curiosity.
- May NOT be used by Professional and Commercial users for purposes that are not within their normal course of business (e.g. A collection agency may NOT use our services/products to locate a witness to a crime)
ACCESS SECURITY REQUIREMENTS: We recognize and accept our obligation to support and implement policies that protect the
confidential nature of information we provide through our services (which include providing access to information contained in the databases
of the three national credit bureaus) and to ensure respect for consumer’s rights to privacy. Therefore, we provide our services only to preapproved
companies that have an acceptable use for credit headers and credit header information.
We strive to achieve and to enforce the highest levels of legal and ethical conduct in the use of credit header information. We seek
to tailor our credit header products, and to limit access to them, in a fair and balanced manner, one that respects both legitimate needs for
information and legitimate privacy concerns. We provide the following notice to you so that you may avoid falling under the restrictions
imposed by the Fair Credit Reporting Act (FCRA).
You may only use credit header information to locate or to further identify the subject of that credit header information. You may
not and should not use credit header information, in whole or in part, to determine a consumer’s eligibility for credit, for employment, or for
insurance, nor may you use credit header information for any other purpose for which you might properly obtain a consumer report, except in
connection with collection of a debt. If adverse action is to be taken against the subject of a credit header report and the basis for such
adverse action is information obtained or derived from credit header information, you must verify such information from another source
before taking such adverse action.
We require all third-party users to take strict precautions to secure any system or device used to access credit header information.
To that end, we have established the following requirements:
- You must appoint and identify a Security Designate who will have responsibility within your company to oversee the stipulations listed below.
- You consider and treat your account number and password as “sensitive information.” You must protect your account number and password in a way that assures that only key personnel have access to and knowledge of this sensitive information. Under no circumstances should you give unauthorized persons information concerning your account number or password. You must notify Provider immediately so that new passwords can be issued when: those company personnel who have access to Provider's data are terminated from employment, transferred and/or job duties have been reassigned where access to data is no longer required; or you become aware of suspect or questionable activity regarding access to Provider’s data; or you become aware of any potential compromise of your systems that may expose Provider's data to security vulnerabilities.
- The system access software you use (whether developed by you or purchased from a third-party vendor) must “hide” or “embed” your account and password so that only supervisory personnel know your account number and password. You must assign each end user of your system access software unique passwords.
- Your must not discuss your account number and password over the telephone with any unknown caller, even if the caller claims to be our employee.
- You must restrict the ability to obtain credit header information to a few key personnel.
- Credit header information obtained through our service CANNOT be sold to the general public, in whole or in part, under any circumstances.
- Credit header information you obtain through our service must be obtained in a manner consistent with the principles of the Fair Information Practice Codes described by the Federal Trade Commission (http://www.ftc.gov/reports/privacy3/fairinfo.htm ) and must be used pursuant to an exception as defined by the Gramm-Leach-Bliley Act and/or a permissible purpose as defined by the federal Fair Credit Reporting Act.
- PERFORMANCE: Provider will exercise its best efforts to deliver accurate, up-to-date information in response to Client’s
requests in an expeditious and efficient manner, and will use its best efforts to regularly maintain and augment its information gathered
from its suppliers and from selected public records and to make reasonable efforts to verify that its sources of information are accurate
to the greatest extent possible, but obligation or liability to Client for any delay or failure of Provider in its performance under this
agreement is limited to the terms set forth herein.
- LIMITATION OF LIABILITY: Client and Provider agree that the limitation of Provider's liability to Client will be the return
of the fee paid by Client to Provider for the data accessed to the extent said data and information is found to be the sole basis upon
which Client incurred any injury or damage resulting from furnishing of such information by Providers. In no event will Provider
liable to Client for any other damage, consequential damages, omissions, or any other costs and expenses whatsoever except as
expressly agreed to here and above. Additionally, Client hereby holds harmless all directors, officers, employees, agents, or
suppliers of Providerfor any injury or damages as a result of Providerfurnishing such data or information to Client as set forth here
- INDEMNIFICATION: Client acknowledges that the data it obtains from Provider is compiled by Provider from numerous suppliers
and that Client has been allowed access to the data because of its representations of its authorized use of this data. Client shall
indemnify, defend and hold harmless Providerand its suppliers from and against any and all liabilities, damages, losses, claims, costs,
fees and expenses (including attorney fees) arising out of or related to Client’s use of the data obtained from Providers. Provider and
its suppliers are entitled to enforce the data security, use, legal compliance, and indemnification provisions of this and all other
Agreements by and between Client and Provider directly against the Client as third party beneficiaries. If Client knowingly
and willfully obtains information for an improper purpose or without the proper consent under the FCRA, GLB or any other applicable
law, or knowingly and willfully uses the report improperly, Client agrees that such are material breaches of this Agreement and
such a breach may result in immediate termination of this Agreement and access. Client further agrees that such an act would cause
Providerirreparable harm and that damages are not readily determinable and agrees to pay Provider the sum of $100,000 as liquidated
damages for such breach.
- CONTRACT IN ENTIRETY: This agreement sets forth the entire understanding and agreement between Provider and Client and
supersedes any prior or contemporaneous oral or written agreements or representations; it may be modified only be a written amendment
duly executed by both parties. This Agreement shall be interpreted in accordance with the laws of the State of New York.
- SURVIVAL OF AGREEMENT: Provisions hereof related to release of claims, indemnification, use of information and data, payment
for Provider services and disclaimer of warranties shall survive any termination of the license to use the services provided by Provider.
- RELATIONSHIP OF PARTIES: Client shall at no time represent that it is an agent or representative of Providers.
- CHARGES AND PAYMENT REQUIREMENTS: Access to Services is offered only to companies and individuals upon completion
of Application for Services, signing of this Agreement and verification by Providers of all information supplied. For all responses to
requests for information (including “no record” responses), Client agrees to pay Providers the applicable charges then prevailing for
the various services rendered to Client, and any monthly membership fees. Prevailing charges will be specified in Providers’
published Price Lists and/or individual price quotes. Providers reserves the right to change its fees and prices in the pricing schedule at
any time in the term by giving Client advance notice.
- PAST DUE ACCOUNTS: At the option of Providers, payments not received fifteen (15) after the date of the invoice will cause
Client’s account to be placed on HOLD, with no additional requests being processed until the balance due is paid in full. Past due
balances will be charged 1.5% per month service charge. Accounts that become 30 days or older will be billed directly to Client’s
credit card. Client and/or authorized parties further agree to pay any and all costs of collection on unpaid balances, including but
not limited to reasonable attorney fees, court costs, and expenditures related thereto.
- GOVERNING LAW, VENUE and ATTORNEY’S FEES: This Agreement will be governed by and construed in accordance with
the internal substantive laws of the State of Florida, which are intended to supersede any choice of laws or rules that might require the
application of the laws of another jurisdiction. Both parties hereby consent to the jurisdiction of the courts of Florida, whether federal,
state or local, with respect to actions brought to enforce or interpret this Agreement. Venue for all actions shall be in the state of
Florida. The prevailing party in any arbitration, or permitted legal or equitable action, shall be entitled to an award of its reasonable
attorneys’ fees and costs in enforcing its rights under this agreement.
- VIOLATIONS: Any violation of state or federal law shall result in immediate irrevocable termination upon conviction, with time
having run out for appeal. However, Providers may suspend services upon finding by the court or a jury verdict.
- DEFINITION OF RESPONSIBLE PARTY: “Responsible Party” shall be defined as those persons who have access to the client
account issued by Providers to facilitate inquiries into information systems and databases provided by Providers, including passwords
necessary for computer access should such access be granted to Client by Providers. “Responsible Party” also includes the persons
whose names and/or signatures appear upon said Agreement and New Account Application (attached), including owner, partner,
president, vice president, secretary, treasurer, qualified manager, licensees, or other authorized agents of said Client entity. In the
event of unauthorized access into the information systems and databases provided by Providers, Client and its responsible parties
shall bear full responsibility for any unauthorized or unwarranted inquiries, including payment for said inquiries as set forth in Section 9
and 10 of this Agreement.
- TERMS: This agreement shall continue in force without any fixed date of termination; however, either Providers or Client may
terminate the Agreement upon fifteen (15) days prior written notice to the other or by Client violating rules of membership.
Client must include payment in full along with cancellation letter. Non-payment or breach of this Agreement may cause immediate
revocation of privileges without prior notice by Providers.
- ASSIGNMENT: The license granted pursuant to this agreement to Client may not be assigned by Client, in whole or in part
without the prior written consent of Providers.
- DIGITAL SIGNING OF THIS AGREEMENT and completion of the New Account Application in its entirety shall indicate that all statements
and information as provided by Client are, to the best of Client’s knowledge, true and correct. Client further agrees that
the intended use of all information, as provided under this contract through Provider, will be utilized within the legal purposes as set
forth in the Agreement, as Provider assumes no liability, directly or indirectly, for the misuse of said information by Client.
In connection with my application, I understand that Inquiries may be made into the background of the company, and (if the
business is a sole proprietorship) myself, and that such inquires may include but are not limited to identity verification,
professional licensing verification, domain registration, and other information. I authorize
without reservation any company, agency, party, or other source to furnish the above information as requested by Datatrac Online Inc
in connection with my application for services on this date and periodic account reviews in the future.