Equifax - Contact and Locate - ExpectID Age

The Supplier Data used to provide the Dataset is provided by GBG’s Supplier. GBG is obliged under the terms of its agreement with its Supplier to ensure that all Customers agree to comply with the following licencing provisions:

 

1. DEFINITIONS
1.1. In these Additional Terms, the following definitions shall apply, in addition to the definitions set out in the Agreement:
Permitted Purpose” means the purposes, restrictions and or conditions for use of the Dataset outlined by the Supplier as set out in these Additional Terms below in addition to the restrictions set out in the Agreement. 

 

2. USE OF THE DATASET

2.1 Customer shall not share or permit the use of this Dataset, in whole or in part, with any party other than its own customers, authorized users and authorized service providers, including, but not limited to contractors, service providers, or joint marketing partners.

2.2 Customer shall not use or take into consideration any data provided through this Dataset therewith, as a factor in establishing, determining or in connection with, an individual’s eligibility for personal credit, insurance, employment or any other permissible purpose for which a consumer report may be used under the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), as amended, and all regulations promulgated thereunder (“FCRA”) or use the Dataset in any way for the purpose of taking “adverse action” against a consumer, as defined in the Equal Credit Opportunity Act and Regulation B. Customer acknowledges and stipulates that no output of the use of this Dataset constitutes, includes, reflects, or incorporates any “consumer report” as defined in FCRA, any credit reference, or “individually identifiable healthcare information” or “protected healthcare information” as defined in HIPAA.

2.3 Notwithstanding anything to the contrary in the Agreement, the use by the Customer is limited to those uses consistent with applicable statutes and regulations, including, without limitation, Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq (“GLBA”) and the implementing regulations thereunder; all applicable regulations of the Federal Communications Commission; and all applicable statutes and regulations pertaining to Customer’s contact and communications with consumers, whether by telephone, mail, or otherwise.

2.4 Customer will not use this Dataset or use or disclose any information provided by this Dataset other than in accordance with the GLBA and other applicable law and regulations. Notwithstanding any other license grant in the Agreement, Customer is granted a limited license only for the following permitted purposes:

i. For use as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer.

ii. For use to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability.

iii. For use in required institutional risk control programs.

iv. For use in resolving customer disputes.

v. For use by persons, or their representatives, holding a legal or beneficial interest relating to the consumer.

vi. For use by persons acting with the consumer’s consent in a fiduciary or representative capacity on behalf of the consumer.

vii. For use in complying with federal, state, or local laws, rules, and other applicable legal requirements.

viii. For use in an investigation on a matter related to public safety

2.5 Customer shall not provide and shall ensure that data subjects do not provide, nor shall an input information contain, Protected Health Information (as that term is defined in 45 C.F.R. Sec. 160.103) or with Electronic Health Records or Patient Health Records (as those terms are defined in 42 U.S.C. Sec. 17921(5), and 42 U.S.C. Sec. 17921(11), respectively) (collectively, “HIPAA”) or with information from such records.

2.6 Customer: (i) is solely responsible for: (a) collecting, inputting and updating each input information submitted; (b) ensuring that it has all required consents and authorizations, and all required notices and disclosures with respect to the collection, retention, disclosure and use of the input information as contemplated by the Agreement, including those that are required under applicable foreign, federal and state laws and regulations and privacy rules and policies (collectively “Consents”)and (ii) shall adopt, publicly publish, maintain and adhere to a privacy policy that clearly discloses to data subjects that the input information (including biometric information where applicable) will be collected, used, stored and shared for the purpose contemplated herein.

2.7 Customer shall not do any of the following: (i) access or attempt to access the Dataset by any means other than the as GBG has authorized, attempt to gain unauthorized access, enable access to the Dataset to any person who is not an authorized user, or remove, breach, circumvent or otherwise limit the effectiveness of any security or authentication measures used in the provision of the Dataset by GBG; (ii) remove or obscure any copyright, trademark, confidentiality or other proprietary rights notice appearing on or in the provision of the Dataset by GBG ; (iii) reproduce, translate, modify, port or create derivative works of all or any part of the Dataset, including any feature, design or graphic therein, or write or develop any program based thereupon, except as expressly permitted by applicable law notwithstanding a contractual prohibition to the contrary; (iv) sublicense, loan, distribute, transfer, sell, alienate, or assign the Dataset except as expressly permitted in the Agreement; (v) use or permit the use of the Dataset for any marketing purpose; (vi) use or permit the use of the Dataset for commercial time-sharing, rental, outsourcing, service bureau use, to process data on behalf of any third party or to help build a competitive solution; (vii) use any third party components as stand-alone applications or unbundle the component parts of the Dataset for use separate from each other; (viii) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code, algorithms, architecture or other elements of the Dataset except as expressly permitted under applicable law notwithstanding a contractual prohibition to the contrary; (ix) attempt to probe, scan or test the vulnerability of the Dataset, load test the Dataset in order to test scalability or intentionally interfere with or disrupt the Dataset or cause excessive or disproportionate load on the Dataset or the servers or networks used to make the Dataset available; or (x) post, transmit to, through or from, or otherwise make available in or use with, the Dataset any data, information or materials, including code, that is or may be: (a) threatening, harassing, degrading, hateful or intimidating, harmful to minors, or that otherwise fails to respect the rights and dignity of others; (b) obscene, immoral, indecent, pornographic or otherwise objectionable; (c) protected by copyright, trademark, design rights, trade secret rights, right of publicity or privacy, or any other proprietary right, without the prior express written consent of the applicable owner; or (d) any malware (such as a virus, worm, Trojan horse, Easter egg, time bomb or spyware) or other computer code, routines, files, scripts, agents or programs that is or is potentially harmful or invasive or intended to damage or hijack the operation of, limit the use of, or monitor the use of, any hardware, software or equipment or that may damage, intercept or expropriate any data.

2.8 Prohibited Use. If the Customer is an attorney or law firm, Customer will only use or disclose the output from the use of this Dataset for the sole purpose of collecting a debt owed by a data subject/consumer to the Customer.

2.9 The Customer warrants that it will not use this Dataset for any reason outside of the Permitted Purpose.