Terms and Conditions – Business Accounts
Effective Date: May 13, 2022
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
Welcome to InfoTracer Business, a public records search service provided by InfoPay, Inc. ("InfoTracer", "we", "us").
The InfoTracer website (available at https://business.infotracer.com/
including all content under the "infotracer.com" domain name, including but not limited to,
infotracer.com/business) is owned and operated by us, and referred
to herein as the "website" or the "Site." We provide the website and the associated products, services, data,
information, updates and materials (altogether, the "services"), subject to your InfoTracer Business application and
agreement to and compliance with the terms and conditions set forth in this document and its incorporated terms
(the "Terms").
By accessing, browsing, or otherwise using the Sites, you agree to be legally bound by these Terms of Use.
PLEASE
READ THESE TERMS OF USE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. DO NOT USE
THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE.
By using the Site, you agree to be bound by the Binding Arbitration Clause and
Class Action Waiver described in
Section 22.
If you are accepting this Agreement on behalf of a legal entity other than yourself as an individual, including a
business or a government, you represent and warrant that you have full legal authority to bind such entity to this
Agreement. You cannot purchase InfoTracer services until you have indicated your acceptance of these Terms.
These Terms of Use apply only to your use of the Site, and was last updated as of May 13, 2022. We expressly
reserve
the right to revise these Terms of Use at any time and such revision shall be posted here and accessible via this
link: https://business.infotracer.com/terms.
Any revision and/or addition to these Terms of Use shall become
effective and binding on you when you continue to use the Site on or after the effective date of such revision and/or
addition.
1. Important Notices
1. By using and/or visiting the website, you represent that you have read, understand, and agree to all the terms
and conditions of these Terms, including our Privacy Notice ("Privacy Notice") which is fully incorporated herein by
reference. The Privacy Notice governs the collection, use and disclosure of your Personal Information.
2. We reserve the right to change, modify, add to, or otherwise alter these Terms at any time, or to change or
discontinue any aspect or feature of the website or services without notice to you. Such changes, modifications,
additions or deletions shall be effective immediately upon their posting on the website. You agree to review these
Terms periodically to be aware of such revisions. If you are a registered user, we may inform you of any material
changes by notification to the email address you have provided as part of your registration information or through
your membership portal. Otherwise, you may view the most recent Terms on the website, available
at https://business.infotracer.com/terms.
Your use of the website and/or services after we post such changes, modifications, additions
or deletions constitutes your acceptance of such changes, modifications, additions or deletions.
2. Registration
(a) Account Registration: You must be 18 years of age or older to use
InfoTracer and purchase any InfoTracer services. Any offers of sale are only intended for individuals who are 18
years of age or older. By using InfoTracer or purchasing InfoTracer services, you affirm that you are 18 years of age or older.
You agree to provide accurate, current, and complete information during the registration process ("Registration
Information") and you agree to update the Registration Information in order to ensure that it is current. You are
solely responsible for maintaining the security of your Registration Information, and for any and all use of your
account. InfoPay, Inc. reserves the right to revoke your registration without notice to you in the event you breach
any part of these Terms of Service or the Privacy Notice.
(b) Eligibility: As an express condition of being permitted to use and
register on InfoTracer, you represent and
warrant that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into
contracts under the law of the jurisdiction in which you reside, and (ii) are not on a list of persons barred you
from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List
issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction.
(c) Passwords: Upon registration on InfoTracer, you will select a password to
access your account. You are
responsible for maintaining the confidentiality of your password and for all of your activities and those of any
third party that occur through your account, whether or not authorized by you. You agree to immediately notify
InfoPay, Inc. of any suspected or actual unauthorized use of your account. You agree that InfoTracer will not under
any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the
security of your password.
(d) Cancellation and Termination by You: You are solely responsible for
properly canceling your account. You can
cancel your account at any time by clicking on the settings link in the membership portal, calling us, or sending us
an email at the information below in "Contact Us." The settings screen provides a simple no-questions-asked
cancellation link. Your cancellation will take effect immediately; however, the cancellation of your account will
have no impact on any pending purchases made via the Site. Further, even after cancellation and/or termination of
your account, you may still make one-time purchases on the Site.
(e) Termination and Suspension by InfoPay, Inc.: InfoPay, Inc. may terminate
your account and/or these Terms at any
time and for any reason upon notice to you. We may also suspend our Service to you at any time, with or without cause
. Any termination of your account and/or these Terms will have no impact on any pending purchases made via the Site.
(f) Effect of Termination: Once your account is terminated, we may
permanently delete your account and any or all
user content associated with it. If you do not log in to your account for 12 or more months, we may treat your
account as "inactive" and permanently delete the account and all the data associated with it. Except where an
exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including
termination, will be without prejudice to any other remedies it may have under these Terms. All sections of these
Terms which by their nature should survive termination will survive, including without limitation, accrued rights to
payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and
limitations of liability.
(g) Indemnification: You agree to indemnify, defend, and hold us harmless
for damages or losses incurred by you or
another party due to any access to or use of your account, or any information contained therein, by a third party,
whether authorized or unauthorized. We will not be liable for any access to your account caused by unauthorized
disclosure of your account information by any third party. You agree to notify us in writing immediately if you
suspect any unauthorized use of or access to your account.
3. Service Options and Billing
Current pricing for services and subscriptions is available on InfoTracer's website. We reserve the right to modify
prices and to add or remove services or subscription options at any time without prior notice to you. The searches
available to you are determined by the trial period or subscription level you choose, and are subject to change
without notice to you. Certain services are provided via monthly subscriptions or through one-time payment options.
You agree and understand that the availability of a search option does not necessarily mean your searches will yield
correct or relevant results, or any results at all. In the event that we discontinue a material portion of the
materials and features that you regularly use in the ordinary course of your business, and such materials and
features are part of a flat fee subscription plan to which you have subscribed, we will, at your option, terminate
these Terms of Service.
4. Billing Policies
Payment of fees for purchases of InfoTracer services must be made with current and valid credit card, debit card, or
other payment account ("Payment Account"). Some of these payment options may be provided by third-parties. Your use
of those third-party payment options are subject to the third-party terms and privacy notices. If your Payment
Account is insufficient, or not accurate, current, and complete, we may refuse your use of InfoTracer and, where
applicable, suspend or terminate your subscription.
Fees will be billed to the Payment Account you provide to us.
You must maintain a prepaid amount in your account to cover applicable charges. Applicable charges, if any, will be
deducted from your account each time you make a report purchase. You may choose to replenish your Business Account in
one of the following ways:
- Authorizing InfoTracer to automatically charge your Payment Account for a set payment amount to your
account. If you select to auto replenish your account, you agree and are aware that you are pre-authorizing
InfoTracer to withdraw funds from your Payment Account each time your account balance decreases to or below the
replenishment point specific to your account. You acknowledge and agree that we will not obtain additional
authorization from you for each recurring fee charged to your Payment Account. Automatic replenishments may be
eligible for bonus funds ("Bonus Funds").
-
One-time deposit to your Payment Account.
You agree and understand that, except as may otherwise be indicated, you will be billed whether or not any report you
purchase yields any results, and whether or not the results contain incorrect information or no information at all.
Transactions will appear on your credit card statement as INFOTRACER.COM or INFOTRACER.
5. Initial Searches
We may provide you with an opportunity to conduct an initial search before registering an account with the Site. You
agree and understand that, except as may otherwise be indicated, these initial searches provide preliminary results
only and may differ from paid member searches or reports. We do not guarantee that any initial search contains
specific information, are free of error or include accurate and complete information.
6. Consent to Use
If you or someone you authorize conducts a search about you on the Site, you agree and consent to the use and display
of information about you on the Site, including all attributes about you (e.g., name, age, location) for any and all
commercial and non-commercial purposes. You agree that your consent to use is not an admission that any information
displayed about you constitutes the use of your identity under any law.
7. Trial Periods
We may offer you access to either free or paid trial uses of InfoTracer services. If you choose a paid trial, the
trial fee will be immediately billed to your Payment Account. Your subscription will begin on the "Next Billing Date"
(as identified on your Order Confirmation, and on the Account Details page of your account), and the monthly
subscription fee will be billed to your Payment Account on that date and thereafter on a recurring monthly basis
unless and until you cancel.
You agree and understand that, except as may otherwise be indicated, any trial period searches may not yield any
results. We do not guarantee the results contain any specific information, are free of error or include accurate and
complete information.
8. Termination
YOU MAY CANCEL YOUR ACCOUNT AND MEMBERSHIP AT ANY TIME. TO DO SO, (1) USE THE "CANCEL" OPTION ON THE ACCOUNT DETAILS
PAGE OF YOUR ACCOUNT, (2) CONTACT US AT (855) 938-2140, OR (3) EMAIL US AT business.support@infotracer.com. OUR
CUSTOMER SERVICE DEPARTMENT IS OPEN AND AVAILABLE 24/7.
Once all outstanding fees have been deducted from your account following cancellation, any remaining balance will be
refunded to you. Bonus Funds are non-refundable.
9. Customer Support
Our Customer Support team is available to address your questions or concerns. If you have any issues with billing,
you agree to contact our Customer Support team prior to contacting your bank. Contact Customer Support using our
online form, by calling (855) 938-2140 or via email at business.support@infotracer.com. Our Customer Service
Department is open 24/7.
10. License and Conditions of Use
Conditioned on your compliance with these Terms and fulfillment of any applicable payment obligations, we grant to
you a personal, revocable, limited, non-exclusive, non-transferable license to use InfoTracer, its content, or any
part of the Site (individually and collectively, the "Site Content") for your business purposes as set forth in the
Data Services Application. We reserve all rights of ownership in and to InfoTracer not expressly granted to you.
You may not use InfoTracer, or any search results or other information you may receive through use of InfoTracer
("Information"), in any manner that violates any applicable law or regulation or that is inconsistent with these
Terms. Further, you acknowledge that the Site contains real CRIMINAL & PUBLIC RECORDS collected from thousands of
county sheriff offices, police departments, courthouses and other public and private sources and that InfoTracer is
not a consumer reporting agency as defined by the Fair Credit Reporting Act, and does not assemble or evaluate
information for the purpose of supplying consumer reports. You understand that you may not use information provided
by InfoTracer.com for any purpose under the FCRA, including to make determinations regarding an individual's
eligibility for personal credit, insurance, employment, or for tenant screening. You understand that license plate
and VIN searches are only available for a purpose authorized by the Driver's Privacy Protection Act of 1994 (DPPA).
You further acknowledge and agree that you will not use the Information in any manner that violates the Data Use
Agreement or for any reason other than your business purposes as set forth in the Data Services Application.
Specifically, you agree that you shall not use Information to engage in stalking or harassing of any individual,
requesting information under false pretenses, or identify theft. You further agree that you shall not (i) access or
attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify InfoTracer in
any manner or form, (iii) copy, distribute, or create derivative works based on the Site Content (as defined below),
(iv) exploit the Site Content in any unauthorized way whatsoever, including but not limited to, by trespass or
burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey InfoTracer or any elements thereof.
You acknowledge that the Site may include personally identifiable information and it is your obligation to keep all
such accessed information confidential and secure. You will purge all information received through our Site and
stored electronically or on hard copy by you within ninety (90) days of your initial receipt of the information.
Your violation of any of these Terms may result in automatic termination of your account and the licenses granted
hereunder.
11. FCRA Notice
InfoPay, Inc. does not compile background information for employment purposes and is not a "consumer reporting
agency" under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., as amended. The reports we provide
are not "consumer reports" under the FCRA because they are not used or expected to be used or collected in whole or
in part for any permissible purpose under the FCRA. InfoTracer simply aggregates and provides access to
publicly-available information for personal and non-commercial use only. You are EXPRESSLY PROHIBITED from using any
information from InfoTracer search results (a) to discriminate against any consumer; (b) for the purpose of
considering a consumer's eligibility for personal credit or insurance, employment, housing, or a government license
or benefit; or (c) otherwise to affect a consumer's economic or financial status or standing. You understand, agree
and acknowledge that any such use of information from InfoTracer search results may subject you to liability under
the FCRA. You agree to indemnify, defend, and hold harmless InfoPay, Inc. and its officers, directors, agents,
employees, partners, affiliates, licensors, and data providers from and against any third-party claims, demands,
expenses or liabilities of whatever nature, due to or arising out of your use of information from InfoTracer search
results in a manner covered under the FCRA.
12. DPPA Notice
You understand, agree, and acknowledge that you may conduct a motor vehicle record search through InfoTracer and
access the results of that search only for a purpose permitted under the Driver's Privacy Protection Act of 1994
("DPPA"), 18 U.S.C. § 2721, et seq., as amended, and as supplemented or restricted by the laws, rules and regulations
of the state from which the motor vehicle record is sought (collectively, "DPPA Laws"). You represent that you are
aware of and understand the requirements and restrictions of the DPPA Laws, and that you are conducting your search
through InfoTracer for a purpose authorized by the DPPA Laws. You understand, agree, and acknowledge that your use
of motor vehicle records made available through InfoTracer for any purpose other than a permitted purpose under the
DPPA Laws may subject you to criminal fines for non-compliance and to civil liability in the form of a private right
of action, including actual and punitive damages, as well as attorneys' fees. You agree to indemnify, defend, and
hold harmless InfoPay, Inc., InfoTracer, and its offices, directors, agents, employees, partners, affiliates,
licensors, and data providers from and against any third-party claims, demands, expenses or liabilities of whatever
nature or kind, due to or arising from your violation of the DPPA Laws.
13. Additional Restrictions on Use
You are responsible for your access or use of the Site. We reserve the right to refuse service, terminate accounts,
and/or cancel orders at its discretion, including, without limitation, if we believe that your conduct violates
applicable law, violates these Terms of Service, the Privacy Notice, Data Use Agreement or is harmful to our
interests. You understand that you may be restricted from accessing certain Site which may be otherwise available to
other users.
(a) Site Content: Without limitation to these Terms of Service, you may
not sell, re-distribute, re-publish, re-transmit, display publicly, modify, create derivative works from, or
otherwise exploit the Site, its contents, or
any part of them, including but not limited to any and all text, graphics, images, photographs, and computer code
(individually and collectively, the "Site Content"). InfoPay, Inc., and/or its related companies or licensors,
expressly retains all right, title and interest in and to the Site Content, including, without limitation, all
intellectual property rights therein and thereto. InfoPay, Inc. and/or its related companies or licensors own and
retain all rights, including the worldwide copyright, in the Site Content solely and exclusively, for the duration of
the rights in each country, in all languages, and throughout the universe. You may not use the Site Content in any
way whatsoever except as in compliance with these Terms. You may not modify, rent, lease, loan, sell, distribute,
redistribute, or create derivatives works based on the Site Content. You may not to alter or delete any proprietary
notices from Site Content downloaded or printed from InfoTracer. Except as expressly permitted by these Terms of
Service, any use of the Site Content may violate copyright and/or other applicable laws.
(b) Third Party Content: In addition to the Site Content, the Site may
contain information and materials provided by
third parties (collectively, "Third Party Content"). Third Party Content is the copyrighted work of its owner, who
expressly retains all right title and interest in and to the Third Party Content, including, without limitation, all
intellectual property rights therein and thereto. In addition to being subject to these Terms of Service, Third Party
Content may also be subject to different and/or additional terms of use and/or privacy notices of such third parties
. Please contact the appropriate third party for further information regarding any such different and/or additional
terms of use applicable to Third Party Content.
(c) Trademarks: Except with respect to images and text that are in the
public domain or otherwise publicly available,
InfoTracer, the InfoTracer Logo and all InfoTracer product names are trademarks and services marks of InfoPay, Inc.
(collectively "InfoTracer Trademarks"), and nothing in these Terms of Service shall be construed as granting any
license or right to use the InfoTracer Trademarks without InfoPay, Inc.'s prior written consent. All trademarks,
service marks and logos included on the Site ("Marks") are the property of InfoPay, Inc. or third parties, and you
may not use such Marks without the express, prior written consent of InfoPay, Inc. or the applicable third party.
(d) No Automated or Non-Human Means of Access: You also may not access or
use the Site through any automated or
non-human means, such as through bots, spiders, scripts, or software; you may not access or use the site for purpose
of scraping, harvesting, mining, or other data extraction; and you may not access or use the site for any
interference, disruption, or other illegal or unauthorized purposes, such as interference with the Site's operations
or interference with access to the Site and such as through viruses, Trojan horses, worms, time bombs, cancelbots, or
other such applications.
(e) Additional permissions: You may request additional permissions to use
any Site Content by contacting us as
described on the Site. In making any such request, you represent and warrant that all information and statements you
provide to us are true and accurate and that you are authorized to act on behalf and to bind any organization on
whose behalf you may be requesting permissions.
You may make no use of the Site Content or Site not expressly allowed in these Terms of Use including without
limitation (i) for commercial, collections, governmental, marketing, or advertising purposes, or (ii) by accessing
the Site and Site Content from Internet Protocol (IP) addresses outside of the United States; or (vii) to create a
competing product. If not expressly stated otherwise in our grant of any such additional permissions, our grant of
any such permissions is revocable at any time by us and expires six months after the date of the grant. Additionally,
if granted any such permissions, you represent and warrant that your use of any permitted Site Content will not
violate any applicable law, rule, or regulation, violate the rights of any third party (including without limitation
by defamation or violating any rights or publicity or privacy).
(f) Monitoring of Site Content and use of Sites: InfoPay, Inc. reserves the
right, but does not undertake the
obligation, to monitor the use of the Site, and to investigate and take appropriate legal action against any party
that uses the Site in violation of these Terms of Service or applicable law. InfoPay, Inc. reserves the right to
accept, reject or modify any Site Content, but assumes no liability based on its acceptance, rejection, modification
or failure to modify any Site Content.
(g) Audit: InfoPay, Inc. or its Data Providers (defined below) may, upon
reasonable notice, audit your records,
processes, and procedures related to your use, storage, and disposal of our Site and Content. You agree to cooperate
fully with any and all audits. Violations discovered in any review and/or audit by InfoPay, Inc. or a Data Provider
will be subject to immediate action, including, but not limitated to, suspension ot termination of your right to
use our Site or legal action.
(h) Data Providers: You acknowledge and agree that the Site include
information collected from third-party data providers (“Data Providers”).
If InfoPay, Inc. or its Data Providers determine or suspect that you are engaging in
commercial, marketing activities, or reselling or brokering the Content, or are otherwise violating in violation of
these Terms of Service, we or our Data Providers may take immediate action, including legal action and termination of
these Terms of Service. You understand that our Data Providers are third-party beneficiaries of these Terms of
Service, which means that they can enforce any of the provisions herein.
14. Disclaimers
You expressly agree that use of InfoTracer is at your sole risk. InfoPay, Inc. shall not be liable for any loss,
liability, cost or damage arising either directly or indirectly from your access to or use of (or inability to access
or use) InfoTracer, including any content including, but not limited to, any loss of use, system damage, impairment
or interruption, lost data, cyber breach, personal injury or any other pecuniary or financial loss, whether in an
action of contract, negligence, equity or other legal theory. It is solely your responsibility to evaluate the
accuracy, completeness and usefulness of all information, services and other content provided on InfoTracer, and we
are not liable for any reliance you place on the Site.
Information is sourced from records made freely and publicly available by state and local offices, agencies, or
departments, and that this data may contain errors and omissions. We do not guarantee that Information is current or
accurate, and you therefore should not use InfoTracer to verify any individual's arrest, booking, or criminal
records, or the condition of any vehicles. We do not guarantee the correctness or completeness of InfoTracer or
Information. You understand that Information may not be available for all states and that we may not have access to
some records that may be available to other parties. You also understand there may be a delay between our receipt of
certain records and the inclusion of those records in Information. You recognize that our sole obligation in the case
of erroneous Information, when notified in writing by you of such erroneous data, is correction of the Information
in question.
For the most recent records concerning any individual or vehicle presented on InfoTracer, contact the relevant state
or local office, agency, or department. ALL INDIVIDUALS APPEARING ON INFOTRACER ARE INNOCENT UNTIL PROVEN GUILTY IN A
COURT OF LAW.
InfoPay, Inc. is not affiliated with the United States Government or any federal or state government agency.
15. Linked Websites and Services
The Site may contain links to and integrations with third party websites and services, and you agree
that InfoPay, Inc. provides links to and integrations with such websites and services solely as a convenience and has no
responsibility for the content or availability of such websites or services, and that InfoPay, Inc. does not endorse
such websites or services (or any products or other services associated therewith). Access to any other internet site
linked to the Site is at your own risk, and InfoPay, Inc. is not responsible for the accuracy or reliability of any
information, data, opinions, advice or statements made on these sites. Your use of such websites and services will
be subject to the terms applicable to each such website and service. You may not post a link that directs users to
any content or information that would constitute a violation of these Terms of Service.
16. No Warranties
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, INFOPAY, INC. PROVIDES ALL SERVICES AND INFORMATION "AS IS" AND "AS
AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. INFOPAY, INC. MAKES ABSOLUTELY NO WARRANTIES
WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, INFOPAY, INC. DISCLAIMS ALL
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS.
INFOPAY, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF,
OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, INFOTRACER. YOUR USE OF INFOTRACER IS SOLELY AT YOUR OWN RISK.
THERE ARE NO WARRANTIES RELATING TO ANY OF THE VEHICLES ABOUT WHICH INFORMATION IS POSTED ON INFOTRACER.
InfoPay, Inc. does not warrant that InfoTracer will be uninterrupted or error free; nor does InfoPay, Inc. make any
warranty as to the results that may be obtained from use of InfoTracer, or as to the accuracy or reliability of any
information, service, or materials provided through the Services.
17. Limitation of Liability
INFOPAY, INC. IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY WEBSITE, NETWORK, COMPUTER SYSTEMS,
SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR FOR ANY FAILURE DUE TO TECHNICAL PROBLEMS OR TRAFFIC
CONGESTION ON THE INTERNET OR INFOTRACER, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY
COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH INFOTRACER OR DATA IS PROVIDED. UNDER NO CIRCUMSTANCES WILL WE BE
LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF INFOTRACER OR INFORMATION,
OR FROM THE CONDUCT OF ANY USERS OF INFOTRACER OR INFORMATION, WHETHER ONLINE OR OFFLINE, INCLUDE ANY PRIVACY OR
SECURITY BREACHES.
NEITHER INFOPAY, INC., ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS,
CONTRACTORS, OR LICENSORS, NOR INFOPAY, INC.'S DATA PROVIDERS, WILL BE LIABLE TO YOU FOR (I) LOST INCOME, LOST PROFITS,
LOSS OF DATA, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS OF THIRD
PARTIES, (II) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE UPON THE COMPLETENESS OR
ACCURACY OF ANY INFORMATION MADE AVAILABLE VIA INFOTRACER, OR (III) ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN
WHOLE OR IN PART BY INFOPAY, INC.'S ACTS OR OMISSIONS IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING,
COMMUNICATING, OR DELIVERING THE SERVICES. THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY EVEN IF WE HAVE
BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THEIR POSSIBILITY.
OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO YOUR USE OF INFOTRACER WILL IN NO EVENT EXCEED THE TOTAL
FEES PAID BY YOU IN THE PRECEDING SIX (6) MONTHS.
18. Indemnification
You agree to indemnify, defend, and hold harmless InfoPay, Inc. and its officers, directors, agents, employees,
partners, affiliates, licensors, and data providers, And each of their respective members, officers, directors,
employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other
partners, from and against any and all liabilities, claims, expenses (including reasonable attorneys' fees), damages,
suits, costs, demands, and judgments made by any third party arising from or related to (i) your use of the Site or
any Information you obtain through the Site (or any third party receiving such information from or through you),
and (ii) your violation of these Terms your, (iii) your violation or infringement of any laws or any rights of
another individual or entity, or (iv) any actual, prospective or terminated sale or other transaction between you
and a third party.
19. Liquidated Damages
You agree that if you improperly use or disclose any of the data contained in the Site, it would be impracticable or
extremely difficult to fix the actual damages resulting to us and our Data Providers. Therefore, you agree to pay to
us and/or our Data Provider, the sum of One Hundred and No/100 Dollars ($100.00) per record contained in the Site
that you improperly use or disclose in violation of these Terms of Service.
20. Location of the Site and your Use
InfoPay, Inc. operates or controls the operation of the Site from the United States. In addition, the Site may be
mirrored, and other websites operated or controlled by InfoPay, Inc. may be operated from various locations in and
outside of the United States. InfoPay, Inc. makes no representation or warranty that all of the features of the Site
will be available to you outside of the United States, or that the Site is permitted to be accessed outside of the
United States. Additionally, the Site may not be helpful or relevant to all international users. You acknowledge that
you are solely responsible for any decision by you to use of the Site from locations outside of the United States,
and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
21. Termination
We reserve the right to terminate or restrict your account and/or access to InfoTracer for any reason, or for no
reason whatsoever; including, without limitation, if we in our sole discretion consider your use to be unacceptable,
or in the event of any violation by you of any term of these Terms. We may, but shall be under no obligation to,
provide you with a warning prior to termination or restriction of your use of InfoTracer. We will not be liable to
you or any third party for such termination, or restriction of your account and/or access.
22. ARBITRATION CLAUSE AND CLASS ACTION WAIVER –IMPORTANT—PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
22.1. ARBITRATION NOTICE.
You and we agree that if there is any dispute or claim arising from or related to the Services and/or these Terms of
Service (except for Exempt Claims, as defined below), it will be resolved by confidential binding arbitration, rather
than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss
resolution within thirty (30) days of such Notice. The Notice should be sent to: [ ]. This Notice must include
a description of the nature and basis of the claims the party is asserting, and the relief sought.
If you and we are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is
sent, you or we may initiate arbitration proceedings. There is no judge or jury in arbitration, and court
review of
an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief
as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of
these Terms of Service as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR
RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration law apply, and the American Arbitration Association (AAA) will
administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer
Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
The arbitration shall be held in the State of Massachusetts or at another mutually agreed location. If the
arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value
of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based
solely on written submissions, which election shall be binding on you and us, subject to the arbitrator's discretion
to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by
telephone by you and the us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Massachusetts,
including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The
arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this
arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If
either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt
Claim under this Arbitration Clause. The arbitrator's award shall be confidential, final, and binding, and judgment
on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any
change to this Section (other than a change to any notice address or website link provided herein) in the future,
that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of
the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until
thirty (30) days after the version of these Terms of Service containing this Section is posted to the websites and
shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of
termination.
CLASS-WIDE ARBITRATION WAIVER: YOU AND WE AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING,
INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-WIDE ARBITRATION. If for any reason a
claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
EXEMPT CLAIMS: You and the Company agree that the following two types of claims are not required to be submitted to
an arbitration subject to the following conditions:
- (1) You or we are not required to arbitrate a claim brought on an individual basis in small-claims court.
However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the
small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms
of this Arbitration Provision.
- (2) You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or
other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction.
You and We agree that the infringement or other misuse of intellectual property rights could cause irreparable
harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin
infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including
reasonable attorneys' fees) in pursuing that remedy.
OPT OUT: You may opt-out of this mandatory arbitration provision by writing us within 60 calendar days of
your agreement to this Arbitration Provision by mail to
privacy@infotracer.com. Include your name, address,
[account number,] and date in the correspondence. This is the only way you can opt-out.
22.2 CLASS ACTION WAIVER:
YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT IN THE EVENT OF ANY DISPUTES BETWEEN
YOU AND US. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to
a jury trial.
23. Governing Law and Jurisdiction
These Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of
Massachusetts, without reference to its conflict of laws principles. All claims/disputes arising out of or relating
to these Terms of Use will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in
Boston, Massachusetts, and each party irrevocably consents to such personal jurisdiction and waives all objections
to this venue.
24. General Conditions
These Terms constitute the entire agreement between you and us, and governs your use of InfoTracer, superseding any
prior agreements (including, but not limited to, any prior versions of these Terms).
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created
by these Terms.
If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent
with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining
portions will remain in full force and effect. Our failure to enforce any right or provisions in these Terms will not
constitute a waiver of that provision or any other provision of these Terms. No waiver of any of the provisions of
these Terms of Service is a waiver of any other provision, whether or not similar, nor does any waiver constitute a
continuing waiver.
25. Contact Us
If you have any questions or concerns about these Terms or wish to contact us for any other reason, please click here
to contact us or write:
Infotracer.com
227 Lewis Wharf
Boston, MA 02110
Privacy Notice
Effective Date: July 22, 2021
Your privacy is very important to InfoTracer, as provided by InfoPay, Inc. ("we", "our," "us" or "InfoPay, Inc.
Corporation"). This Privacy Notice has been compiled to assist you ("you," "your," or "User") to understand how we,
and our affiliates and subsidiaries, collect, use and disclose your personal information.
This Privacy Notice describes our practices in connection with information that we collect through your use of the
InfoTracer website, available at https://business.infotracer.com/ (the
"website"), any mobile sites, applications, widgets, and other mobile interactive features associated with the
website (collectively, our "apps"), through other services that we may offer in connection with our website and
apps, through our official social media pages that we control (our "Social Media Pages"), as well as through email
messages that we send to you (collectively, the Social Media Pages, Apps and Site, the "Sites"). This notice
("Privacy Notice") is part of and supplements our website Terms of Service (the "Terms"), available here: https://business.infotracer.com/terms.
This notice does not apply to information collected or obtained by any third party, including through any application
or content (including advertising) that may link to or be accessible from or on the Sites.
By accessing, browsing, or otherwise using the Sites, you acknowledge and consent to our collection and use of
information as set forth in this Privacy Notice. PLEASE READ THIS PRIVACY NOTICE CAREFULLY. YOUR USE OF THE SITES
CONSTITUTES YOUR CONSENT TO THIS PRIVACY NOTICE. DO NOT USE THE SITES IF YOU ARE UNWILLING OR UNABLE TO CONSENT TO
THIS PRIVACY NOTICE.
This Privacy Notice applies only to your use of the Sites, and was last updated as of November 03, 2020. InfoPay, Inc.
Corporation may revise this Privacy Notice at any time and such revision shall be posted here and accessible via
this link: https://business.infotracer.com/privacy. Any revision
and/or addition to this Privacy Notice shall become effective and binding on you when you continue to use the Sites
on or after the effective date of such revision and/or addition.
1. Important Notices
1.1. California Privacy Rights. The California Consumer Privacy Act ("CCPA") of 2018 enhances privacy rights
and consumer protection for residents of California. For specific information related to the CCPA, please see
Section 13, California Residents https://business.infotracer.com/privacy#california-residents.
1.2. EU Privacy Rights. For users that are citizens of the European Union ("EU"), this Privacy Notice is
subject to the provisions of the EU's General Data Protection Regulation ("GDPR") and other applicable privacy laws.
For specific information related to the GDPR, please see Section 14, Additional Terms for EU Visitors https://business.infotracer.com/privacy#eu-visitors.
2. Information Collection
When using the Sites, you may choose to provide us with personal information as follows:
2.1. Requested Information.
On various pages on the website, we may request specific personal information about you in order to register you for
an account if you wish to purchase InfoTracer services, add you to our email list, facilitate your payments for
services, or fulfill your requests for information. You may choose not to provide your personal information, but
then you might not be able to take advantage of some of the features of our website and services. We only collect
basic personal information from you that does not include any special types of information (e.g., biometric or
health-related). The types of personal information we collect and save include:
- Contact and account registration information such as name, email address, physical billing address, phone
number, business name;
- Financial information such as credit card number, name, CVV code, date of expiration;
- Information you provide such as feedback, comments or other messages;
- Technical information collected in our logs (e.g., your Internet Protocol ("IP") address, page URLs and
timestamp, etc.); and
- Device information such as the mobile phone provider associated with the device you are using to access the
website or services, your device's unique identifier, the type of device and its operating system, the pages or
features accessed most frequently, calls and messages placed through the website or services, how pages or
features of the services are used, search terms entered, and similar analytics about use of the website or
services.
2.2. Financial Information. All personal financial information required to complete your purchase will be
securely collected for purposes of processing payments and completing transactions. In some cases, we may securely
provide this personal financial information to a third party vendor who provides us with payment processing
services.
2.3. Search History Information. For your convenience, we may also collect and store your InfoTracer search
history. We collect this solely to make it available to you in the Search History page of your Member's Area and to
send you promotional offers regarding search results and additional suggested searches. We may also store this
Search History for non-members through the use of cookies stored on your device (see below Section 4 describing our
use of cookies). We do not share your search history with any third parties, except in the circumstances described
in the Disclosure and Sharing section, below.
2.4. Facial Recognition. At your selection, you may upload a photograph of an individual inorder to conduct a
facial recognition search. We collect this information solely to conduct a search of the photograph to determine the
identification of the individual located within the photograph (see below Section 5 describing our Biometric
Information and Security).
2.5. Push Notifications: We use a third-party to provide push notification services for users. You must opt-in
to receive push notifications. If you opt-in to receiving push notifications from the Website, the third-party will
receive certain information related to you, including your IP address; your device identifier, and your geolocation.
As part of these push notifications, the third-party may provide advertisements and/or information related to our
services to you on other related websites.
2.6. Tracking and Aggregated Information. We may now or in the future use tools, including third-party
analytical software, to automatically collect certain information about the computer or other device you use to
reach our Sites, without any active submission of information from you. We may automatically and through third-party
tracking services (e.g., Google Analytics) gather certain non-personal information about your use of our website and
store it in log files. This information may include IP addresses, browser type, Internet Service Provider ("ISP"),
referring/exit pages, operating system, date/time stamps, and related data. For non-member visitors, we remove all
identifying information and the aggregated tracking information solely to improve the quality of our products and
services. For members, the identifying information may be used to customize your experience with the Sites. Out of
respect for your privacy, we do not link this automatically-collected data to your personal information. We may also
collect deidentified, anonymous and aggregate information such as age, gender, race, religion, household income for
analytical purposes.
This information may be collected via several technologies, including cookies, web beacons, clear GIFs and other
means. All of this information belongs to us, and we use it to improve effectiveness, content, layout and/or
operation of our website. You can remove certain cookies by following the directions in your Internet browser's
"help" file or through our Cookie Preferences (see Section 4 below). If you disable cookies, your ability to use
areas of the Sites may be limited.
2.7. Location Information. At this time, we do not collect location information from mobile devices.
3. Information Use
In general, we do not and will not share your personal information except as set forth in this Privacy Notice.
We do not sell your personal information related to the usage of the Sites to third parties for their own
marketing purposes.
We use the information we collect from you when you browse and use our Sites in the following manner:
Categories of Personal Information |
Use of Information |
Identification information, application usage data (e.g., features/pages accessed by a user, photographs).
|
To operate and improve the Sites and associated services. |
Identification information, application usage data (e.g., features/pages accessed by a user). |
To understand and analyze information related to the number and type of visitors that browse and use the
Sites.
|
Name, phone number, mailing address, email address. |
To create and maintain an account for you to allow you to purchase and use the services we make available on
the website.
|
Name, phone number, mailing address, email address. |
To provide you with information, products, or services that you request from us, or that may be of interest
to you.
|
Name, phone number, mailing address, email address. |
To respond to your comments, inquiries and questions and provide customer services. |
Name, phone number, mailing address, email address. |
To send administrative information to you, for example, information regarding the Sites and changes to our
terms, conditions, and policies. Because this information may be important to your use of the Sites, you may
not opt-out of receiving these communications.
|
Name, mailing address, email address, phone number, demographic information, photograph |
To allow you to participate in interactive features on our Sites. |
Name, mailing address, email address, phone number, demographic information |
To link or combine with other personal information we get from third-parties, to help understand your needs
and provide you with better information on the Sites.
|
Name, phone number, mailing address, email address. |
To create an account on the Sites. |
Name, mailing address, billing address, phone number, email address, credit card information |
To allow you to purchase our Services for which you have provided payment |
Name, mailing address, billing address, phone number, email address, credit card information |
To carry out our obligations and enforce our rights arising from any contracts entered into between you and
us, including for billing and collection.
|
Name, mailing address, email address, phone number, demographic information |
To fulfill any other purpose for which you provide it or for which you have given us consent to use it. |
You can opt-out of certain use(s) of your personal information, as described below.
How We Use Automatically Collected Information
The information we collect automatically is statistical data and generally does not contain personal information.
However, we may maintain it or associate it with personal information we collect in other ways or receive from third
parties. We will use this automatically-collected information to improve our Sites and to deliver a better and more
personalized service, including to:
- Estimate our audience size and usage patterns;
- Improve the design and content of our website
- Store information about your preferences, allowing us to customize our Sites according to your individual
interests;
- Speed up your searches; and
- Recognize you when you return to our Sites.
4. Usage of Cookies and Other Network Technologies
Cookies
The website uses "cookies" and other web tracking tools to enhance your online experience with us. We may store
information about you using the cookies on our website. A cookie (also called web cookie, Internet cookie, browser
cookie, or simply cookie) is a small piece of data sent from a website and stored on the user's computer by the
user's web browser while the user is browsing. We use cookies to improve your site experience, to assess content
usage, to distinguish you from other users of our site and to support the marketing of our services. For example,
cookies help determine what kind of content we will serve to the user – a use case might be, if a user is browsing a
particular set of page content themes, we might serve that theme in the form of advertising as we've identified them
as an interested party of that theme.
We want to be completely transparent about the cookies we use and to make their control as easy as possible for you.
When you first enter our Sites, you will be asked to accept or reject cookies via the Cookie Notice. If, after your initial visit to the website, you decide to change your
cookie selection, you can do so by visiting the Cookie Notice, available at https://business.infotracer.com/cookieInfo. You are free to decline to accept
cookies, but by doing so, you may not be able to take full advantage of all of our offerings. Certain of the cookies
are necessary in order for the site to function. In certain circumstances, we may link the information we store in
cookies to personal information you submit while using InfoTracer.
Further, if you want to delete any cookies that are already on your computer, please refer to the file management
software to locate the file or directory that stores cookies under the following file names. Other information on
deleting or controlling cookies is available at www.allaboutcookies.org. Please note that by deleting our cookies or
disabling future cookies you may not be able to access certain areas or features of our website.
GIFs
We or our service providers may also use "pixel tags," "web beacons," "clear GIFs," "embedded links" and other
commonly-used information-gathering tools in connection with some website pages and HTML-formatted email messages.
We use these tools for such purposes as compiling aggregate statistics about website usage and response rates. A
pixel tag is an electronic image (often a single pixel), that is ordinarily not visible to website visitors, and may
be associated with cookies on visitors' hard drives. Pixel tags allow us and our service providers to count users
who have visited certain pages of the website, to deliver customized services, and to help determine the
effectiveness of our website and services. When used in HTML-formatted email messages, pixel tags can inform the
sender of the email whether and when the email has been opened.
Clickstreams
As you use the Internet, you leave a trail of electronic information at each website you visit. This information,
which is sometimes referred to as "clickstream data", can be collected and stored by a website's server. Clickstream
data can reveal the type of computer and browsing software you use and the address of the website from which you
linked to the website. We may use clickstream data as a form of non-personal information to determine how much time
visitors spend on each page of our website, how visitors navigate through the website, and how we may tailor our web
pages to better meet the needs of visitors. We will only use this information to improve our website.
Advertising
Note that we may use cookies and other technologies for purposes of on-line advertising. This means that when you use
the services, we or third party ad servers, ad network providers or advertisers (collectively "Ad
Providers") may use cookies that they collect or that we provide to them. Such Ad Providers may collect
information about your use of the services (including mobile applications) or your online activities over time and
across different websites and devices. Collected information may include the content you viewed, the date and time
that you viewed this content, and the website that referred you to the services. This information may be associated
with your unique browser, device identifier or IP address. Ad Providers may provide you with advertisements that you
may see on the services or on affiliated websites. To improve the relevancy and help measure the effectiveness of
such advertisements, the Ad Providers may use cookies, web beacons, clear GIFs or similar technologies. These
practices help tailor advertisements that are relevant and of use to you. You may control or opt-out of such
advertising by changing the cookie settings in your browser as described above.
User Behavior Tracking
We may track the webpages and links our users visit within our website, in order to determine what services are most
popular. We may use such tracking data to deliver customized content and advertising to users whose behavior
indicates they are interested in a particular subject area. We may also collect user data to track the areas of a
webpage where users most frequently move the mouse or click. These tracking activities make it possible to monitor
and analyze web traffic and evaluate user behavior to customize our services.
5. Biometric Information and Security
This section defines InfoTracer's policy and procedures for collection, use, safeguarding, storage, retention, and
destruction of biometric data collected by InfoTracer to provide you with certain Services. Biometric data means
personal information stored by the Company about an individuals' physical characteristics that can be used to
identify that person.
In order to conduct a face search, you must provide a photograph that will be collected and stored by InfoTracer for
the purpose of comparing the identity within the photograph to other identities within the database.
InfoTracer uses Amazon Rekognition technology (https://aws.amazon.com/rekognition/) to conduct facial analysis to
create facial search capabilities to detect, analyze, and compare faces with facial images available from public
sources and other resources.
InfoTracer's policy is to protect and store biometric data in accordance with the applicable standards and laws. An
individual's biometric data will not be collected or otherwise obtained by InfoTracer without prior written consent
of the individual or confirmation from you that you have the appropriate authorization to conduct the search with
the photograph.
InfoTracer will not sell, lease, trade, or otherwise profit from an individual's biometric data. Biometric data will
not be disclosed by InfoTracer unless (i) consent is obtained, (ii) required by law; or (iii) required by valid
subpoena or warrant.
Biometric data will be stored using a reasonable standard of care and in a manner that is the same or exceeds the
standards used to protect other confidential and sensitive information held by InfoTracer. The photograph will be
permanently deleted from InfoTracer's systems within a reasonable time after your search, not to exceed 3 years from
the date of your search.
6. Do Not Track Notice
Many modern web browsers give you the option to send a "Do Not Track" signal to the websites you visit, indicating
that you do not wish to be tracked. At this time, the website and services do not specifically respond to "Do Not
Track" signals.
We encourage you to review the privacy policies of our third party advertisers and analytics service providers to
learn about your choices about information they collect from you. In addition, the Network Advertising Initiative
offers information about some of the Internet advertising companies we may use, including how to opt-out of interest
based advertising they deliver. For all the details, including how to turn on Do Not Track, visit
www.donottrack.us.
7. Disclosure and Sharing
7.1. Sharing Policy. In general, we will not share your personal information except: (a) for the purposes for
which you provided it; (b) with your consent; (c) as may be required by law (e.g., in response to a court order or
subpoena, or in response to a law enforcement agency request); (d) as we think necessary to protect our organization
or others from injury (e.g., when we believe that someone is causing, or is about to cause, injury to or
interference with the rights or property of another); (e) on a confidential basis with persons or organizations with
whom we contract to carry out internal and external site operations or as necessary to render the services; (f) or
otherwise as necessary to comply with applicable law. Additionally, we may also exchange information with third
parties for fraud protection and credit risk reduction.
7.2. It is not our practice to sell your personal information collected via your usage of the Sites. However,
our services include providing users with access to publicly available information collected via government websites
and other third-parties. We provide you with an option to opt-out of the sale of your personal information if you
click the "Do Not Sell My Personal Information" link on the website, available here
https://business.infotracer.com/optout.
7.3. Aggregate Sharing. We may share anonymous, deidentified aggregate information with third-parties,
including affiliated and non-affiliated organizations such as advertisers.
7.4. Successor In Interest. Finally, we may transfer your personal information to our successor-in-interest in
the event of an acquisition, sale, merger or bankruptcy. In the event we go through a business transition, such as a
merger, acquisition by another company, or sale of all or a portion of its assets, any personal information we have
on record will likely be among the assets transferred. The transferred personal information will remain subject to
the provisions of this Privacy Notice as it is updated from time to time.
8. Other Ways Personal Information Could Be Shared
You may elect to share certain personal information with individuals (e.g., other members) or with the public via
your use of the website or the services. In this case, you will control such sharing via settings that we provide on
your account. For example, the website may make it possible for you to publicly share information via social media
such as Facebook or Twitter.
Be aware that when you choose to share information with friends, professionals, public officials, or with the public
at large, you may be disclosing sensitive information, or information from which sensitive information can be
inferred. Always use caution when sharing information through the website. You understand and agree that we are not
responsible for any consequences of your sharing of information through and beyond the website.
9. Access and Control of Your Information
9.1. Access and Control. After registering for an account on the website, you may log-in to the account and
edit your personal information in your profile. For instructions on how you can further access your personal
information that we have collected, or how to correct errors in such information, please contact us as indicated in
the "Contact" section at the bottom of this Privacy Notice. We will promptly stop using your personal information
and remove it from our servers and database at any time upon your request to the extent possible and as required by
law. To protect your privacy and security, we will take reasonable steps to help verify your identity before
granting access, making corrections or removing your information.
9.2. InfoTracer Data Removal. As a courtesy, we provide you with a method of removing certain information
about you from InfoTracer search results. Please click
here to view our Data Removal Policy.
9.3. Access to Login Information. Should you forget your account login information, you may request that we
send it to the email address associated with your account. To prevent unauthorized disclosure of and access to your
account and search history, you should always keep your email address and account information secure.
10. Notification Options
10.1. Notifications and Alerts. If you choose to purchase InfoTracer services, we will send you a welcome
email including information about your purchase and account. We will also periodically send you alerts regarding
updated results for searches you have previously conducted, and updated information about the subject of your
search.
10.2. Notification Opt-In. We may offer you the ability to opt-in to receive notifications about new or
upcoming products or services, and promotional materials and offers from us as well as from our subsidiaries,
marketing partners, advertisers and other third parties. We may offer these notifications via email, via browser
notifications, or both. Out of respect for your privacy, you may opt-out of receiving these notifications as
described below.
10.3. Email Notification Opt-Out. If you no longer wish to receive email notifications, you may opt-out of
receiving them as instructed in each email, or please click here for instructions. Be advised that you may not
opt-out of receiving administrative email notifications from us related to technical support or customer services
requests, billing and subscription issues, search alerts, or changes to the InfoTracer Terms of Service or Privacy
Notice.
10.4. Browser Push Notification Opt-Out. If you no longer wish to receive browser push notifications, you may
opt-out of receiving them by clicking
here or using the instructions at the following links:
11. Links To Third Party Sites
Occasionally, at our discretion, we may link to third party sites or content on third-parties sites. We may do this
for the convenience of you and other users of the Sites, but we do not have control over the operation of these
third-party websites. These third-party sites have separate and independent privacy notices. We, therefore, have no
responsibility or liability for the content and activities of these linked sites.
Nonetheless, we seek to protect the integrity of our Sites and welcome any feedback about these third party sites. We
urge you to review the privacy notices posted on these third-party websites at the time you first visit such
sites.
12. Information Security and Storage
12.1. Security. After receiving your personal information, we will store it on our website systems for future
use. We have physical, electronic, and managerial mechanisms (e.g., Secure Sockets Layer ("SSL") encryption) in
place to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information
we collect.
Notwithstanding the foregoing, you acknowledge that no security safeguards or method of transmission over the
Internet are completely secure. Unfortunately, the transmission of information via the internet is not completely
secure. Although we do our best to protect your personal information, we cannot guarantee the security of your
personal information transmitted to our Sites. Any transmission of personal information is at your own risk. The
safety and security of your information also depends on you. Where we have given you (or where you have chosen) a
password for access to certain parts of our Sites, you are responsible for keeping this password confidential. We
ask you not to share your password with anyone.
12.2. Storage. We store personal information for as long as reasonably required for its purpose or for any
additional period required or allowed by applicable law (if any). Account information is deleted when you or when we
delete your account. We may store information longer for legitimate business reasons (for example, Personal Data may
remain in backups for a reasonable period of time), or as legally required. Otherwise, we store your Personal Data
until you request us to remove it from our servers. We store our logs and other technical records indefinitely.
12.3. Driver's Privacy Protection Act. For sites that offer motor vehicle record searches, we retain records
of your search for five (5) years as required by the Driver's Privacy Protection Act of 1994 ("DPPA").
13. Geographic Location of Data Storage and Processing
The Sites collect information and process and store that information in databases located in the United States. If
you are visiting the Sites from a country outside the United States, you should be aware that you may transfer
personal information about yourself to the United States, and that the data protection laws of the United States may
not be as comprehensive as those in your own country. By visiting the Site and submitting any personally
identifiable information you consent to the transfer of such personally identifiable information to the United
States.
Additional information for international visitors can be found below.
14. California Residents
The California Consumer Privacy Act of 2018 ("CCPA") and other California privacy laws provides California residents
(i.e., consumers) with specific rights regarding personal information. This section of the Privacy Notice describes
those CCPA rights and how to exercise those rights. This section does not apply to publicly available
information.
Access to Specific Information and Data Portability Rights
California residents have the right to request that InfoPay, Inc. disclose certain information to you about
InfoPay, Inc.'s collection and use of your personal information over the past twelve (12) months. Once InfoPay, Inc.
Corporation receives and confirms a verifiable consumer request from you, InfoPay, Inc. will disclose to you,
to the extent permitted by law:
- The categories of personal information InfoPay, Inc. collected about you.
- The categories of sources for your personal information InfoPay, Inc. collected about you.
- InfoPay, Inc.'s business or commercial purpose for collecting your personal information.
- The categories of third parties with whom InfoPay, Inc. shares your personal information.
- If we disclosed your personal information for a business purpose, the personal information categories that each
category of recipient obtained.
You shall have the right to request that the information described above be provided to you in a portable and readily
usable format, to the extent technically feasible ("data portability").
InfoPay, Inc. does not sell your personal information.
Deletion Request Rights
You have the right to request that InfoPay, Inc. delete certain of your personal information that InfoPay, Inc.
Corporation collected from and/or related to you and retained, subject to certain exceptions.
To the extent that InfoPay, Inc. can delete your personal information, once InfoPay, Inc. receives and
confirms your verifiable consumer request, InfoPay, Inc. will delete (and direct our service providers to
delete) your personal information, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected your personal information, provide a good or service that you
requested, or take actions reasonably anticipated within the context of our ongoing business relationship with
you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute
those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise
another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that
adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render
impossible or seriously impair the research's achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship
with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you
provided it.
Exercising Your Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer
request to InfoPay, Inc. by either:
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may
make a verifiable consumer request related to your personal information. You may also make a verifiable consumer
request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The
verifiable consumer request must:
- Provide sufficient information that allows InfoPay, Inc. to reasonably verify you are the person about
whom InfoPay, Inc. collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows InfoPay, Inc. to properly understand, evaluate,
and respond to it.
InfoPay, Inc. cannot respond to your request or provide you with your personal information if InfoPay, Inc.
Corporation cannot verify your identity or authority to make the request and confirm the personal information
relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only
use personal information provided in a verifiable consumer request to verify the requestor's identity or authority
to make the request. Any disclosures provided pursuant to the CCPA will only cover the 12-month period preceding the
receipt of the verifiable consumer request.
InfoPay, Inc. will respond to a verifiable consumer request within 45 days of its receipt, or notify you that
InfoPay, Inc. requires more time to respond and the reason for the extended response time. InfoPay, Inc.
will deliver its written response by mail or electronically, at your option.
To the extent that your verifiable consumer request is excessive, repetitive, or manifestly unfounded, InfoPay, Inc.
Corporation may charge a reasonable fee to respond to such request.
InfoPay, Inc. will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the
CCPA, InfoPay, Inc. will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other
benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of
goods or services.
15. Additional Terms for EU Visitors
To the extent that you are accessing this website from a location within the European Union, the following
information shall apply to the collection and processing of your Personal Information.
EU Privacy Rights
The data controller for the Sites is InfoPay, Inc.. InfoPay, Inc. processes personal information it
collects through the Sites for InfoPay, Inc.'s legitimate business purposes, as described above. You are a
Data Subject with certain privacy rights concerning your personal information.
Explanation and copies of your data
You have the right to request an explanation of the personal information that InfoPay, Inc. has about you and
how InfoPay, Inc. uses that information. You also have the right to receive a copy of the personal information
that InfoPay, Inc. collects about you if collected on the basis of consent or because InfoPay, Inc.
requires the information to provide the services that you request.
Correction/Rectification
If InfoPay, Inc. has personal information about you that you believe is inaccurate, you have the right to
request correction of your personal information. Please see below for more information on correcting, or requesting
correction of, your information.
Deletion
You may request deletion of your personal information at any time. We may retain certain information about you as
required by law and for legitimate business purposes permitted by law. Please see the "Reviewing, Correcting and
Deleting Personal Information Collected Through the Site" section above for more information regarding InfoPay, Inc.
Corporation's retention and deletion practices.
Objections and complaints
Members and visitors in the EU have the right to object to InfoPay, Inc.'s processing of personal information,
including for marketing purposes based on profiling and/or automated decision making. InfoPay, Inc. may
continue to process your information notwithstanding the objection to the extent permitted under applicable law.
In addition, you have the right to lodge a complaint with a supervisory data protection authority, contact
information is available at https://edpb.europa.eu/about-edpb/board/members_en.
You may also submit questions, comments or complaints to InfoPay, Inc. at business.support@infotracer.com.
Grounds for Processing
The European Union's General Data Protection Regulation ("GDPR") requires that companies processing the personal
information of EU users do so on the basis of specific legal grounds. As described below, InfoPay, Inc.
processes the information of EU users based on one or more of the grounds specified under the GDPR:
- The processing is necessary for InfoPay, Inc.'s legitimate interests
- InfoPay, Inc. collects and uses personal information to the extent necessary for its legitimate interests.
This includes collecting and using information:
- To understand how people use our products and services.
- To perform background checks necessary to verify employment eligibility.
- To provide customer support.
- To optimize our service and develop new services.
- For research and analytical purposes.
- For direct marketing purposes. This includes, for example, analyzing data to identify trends and tailor
marketing messages to user needs.
- The processing is necessary to fulfill InfoPay, Inc.'s legal obligations
- InfoPay, Inc. may process your personal information when we have a legal obligation to do so, for example,
if we're responding to a legal process or an enforceable governmental request.
- InfoPay, Inc. may collect and use your personal information on the basis of your consent. You may revoke
your consent at any time. If you revoke your consent, you will not be able to use any service or feature that
requires collection or use of the information we collected or used on the basis of consent.
Exercising Your Data Rights
To exercise the data rights described above, please submit a request to InfoPay, Inc. by submitting a request
through the Online Portal https://business.infotracer.com/contact or
contacting us at business.support@infotracer.com. Only you, or a person
authorized to act on your behalf, may make a request related to your personal information. You may also make a
request on behalf of your minor child.
InfoPay, Inc. cannot respond to your request or provide you with your personal information if InfoPay, Inc.
Corporation cannot verify your identity or authority to make the request and confirm the personal information
relates to you. Making a data rights request does not require you to create an account with us. We will only use
personal information provided in a data request to verify the requestor's identity or authority to make the
request.
InfoPay, Inc. will respond to a request within 30 days of its receipt, or notify you that InfoPay, Inc.
requires more time to respond and the reason for the extended response time. InfoPay, Inc. will deliver its
written response by mail or electronically.
16. Children and Young People's Information
These Sites are not intended for use by persons under the age of 18 and InfoPay, Inc. does not specifically
market to children under 13. We do not knowingly collect any information from any minors and our website will not
knowingly accept personal information from anyone under 13 years old in violation of applicable laws, without
consent of a parent or guardian. In the event that we discover that a person under the age of 13 has provided
personal information to us without parental consent, we will make efforts to delete the person's information.
If you have concerns about this website or its services, wish to find out if your child has accessed our services, or
wish to remove your child's Personal Data from our servers, please contact us as indicated in the "Contact" section
at the bottom of this Privacy Notice.
17. Changes to this Policy
Because our business needs may change over time, we reserve the right to modify this Privacy Notice. If at any time
in the future we plan to use your personal information in a way that differs from this Privacy Notice, we will
revise this Privacy Notice as appropriate. In the event of a change to our Privacy Notice, we will notify you via
email or through a notice on our website homepage, at our discretion. Your continued use of the website following
our notice of changes to this Privacy Notice means you accept such changes.
18. Contact Us
If you have any questions or concerns about this Privacy Notice or any InfoPay, Inc. product or service, please
click here to contact us or write:
Infotracer.com
227 Lewis Wharf
Boston, MA 02110