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:

• Google Chrome/Android Phone users: https://support.google.com/chrome/answer/3220216?co=GENIE.Platform%3DDesktop&hl=en
• Microsoft Edge users: https://www.windowscentral.com/how-manage-web-notifications-edge-windows-10
• Firefox users: https://sendpulse.com/knowledge-base/push-notifications/general/enable-disable-push-notifications-mozilla-firefox
• Opera users: https://davescomputertips.com/how-to-manage-desktop-notifications-in-opera/
• Safari users: https://support.apple.com/guide/safari/manage-website-notifications-sfri40734/mac
• Additional information: https://www.makeuseof.com/tag/disable-notifications-chrome-firefox-safari/

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:

• Visiting https://business.infotracer.com/ccpaOptOut;
• Contacting us at business.support@infotracer.com; or
• Calling InfoPay, Inc., at (855) 938-2140.

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

Data Use Agreement

This Data Use Agreement (the "Agreement") is entered into effect from (date of signing of the agreement) by and between InfoPay, Inc., having its principal place of business at Suite 227, 28 Atlantic Ave., Boston, MA, 02110-3802 (InfoPay, Inc.) and the customer, as entered in the Registration Form, collectively referred to as "Parties".

NOW, WHEREAS, the Parties agree as follows:

1. 1. RESTRICTED USAGE. With successful credentialing and payment of fees for data access, InfoPay, Inc. grants to Customer a restricted license to use the InfoPay, Inc. Data Services and any data contained therein, subject to the restrictions and limitations set forth below:
   1. 1.1. Generally. Customer represents and warrants that all of Customer's use of the InfoPay, Inc. Data Services shall be for only for the business purposes disclosed in the Data Services Application. Customer shall not use the InfoPay, Inc. Data Services for other business purposes, for marketing purposes, or for personal (non-business) purposes. Customer agrees that if InfoPay, Inc. Data determines or reasonably suspects that Customer is engaging in marketing activities or using the InfoPay, Inc. Data Services for personal (non-business) purposes or using the InfoPay, Inc. Data information in any way violating any provision of this Agreement, or any of the laws or regulations, InfoPay, Inc. Data may take immediate action, including, without limitation, terminating the delivery of, and the license to use, the InfoPay, Inc. Data Services. InfoPay, Inc. Data may at any time mask or cease to provide Customer access to any InfoPay, Inc. Data Services or portions thereof which InfoPay, Inc. Data may deem, in InfoPay, Inc. Data's sole discretion, to be sensitive or restricted information. Customer shall not resell, reproduce, retransmit, publish or otherwise transfer for commercial exploitation any information that Customer receives from Services.
   2. 1.2. Unauthorized Data Compilation. Customer acknowledges that it will not use any manual or automated software, devices, or other automated processes to "scrape" or download data from any web pages contained in the Service. Any attempt to scrape or download data is strictly prohibited.
   3. 1.3. GLBA Data. Some of the information contained in the InfoPay, Inc. Data Services is "nonpublic personal information," as defined in the Gramm-Leach-Bliley Act (15 U.S.C. § 6801, et seq.) and related state laws, (collectively, the "GLBA"), and is regulated by the GLBA ("GLBA Data"). Customer shall not obtain and/or use GLBA Data through the InfoPay, Inc. Data Services, in any manner that would violate the GLBA, or any similar state or local laws, regulations and rules. Customer acknowledges and agrees that it may be required to certify its permissible use of GLBA Data falling within an exception set forth in the GLBA at the time it requested by InfoPay, Inc. Data.
   4. 1.4. Fair Credit Reporting Act. The InfoPay, Inc. Data Services provided pursuant to this Agreement are not provided by "consumer reporting agencies," as that term is defined in the Fair Credit Reporting Act (15 U.S.C. §1681, et seq.) (the "FCRA"), and do not constitute "consumer reports" as that term is defined in the FCRA. InfoPay, Inc. Data Services may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment, housing, or another purpose in connection with which a consumer report may be used under the FCRA.
      1. 1.4.1. By way of clarification, without limiting the foregoing, Customer may use, except as otherwise prohibited or limited by this Agreement, information received through the InfoPay, Inc. Data Services for the following purposes:
         • To verify or authenticate an individual's identity;
         • To prevent or detect fraud or other unlawful activity;
         • To locate an individual;
         • To review the status of a legal proceeding;
         • To collect a debt, provided that such debt collection does not constitute in whole or in part, a determination of an individual consumer's eligibility for credit or insurance to be used primarily for personal, family or household purposes; or
         • To determine whether to buy or sell consumer debt or a portfolio of consumer debt in a commercial secondary market transaction, provided that such determination does not constitute in whole or in part, a determination of an individual consumer's eligibility for credit or insurance to be used primarily for personal, family or household purposes;
      2. 1.4.2. If Customer is using the InfoPay, Inc. Data Services in connection with collection of a consumer debt on its own behalf, or on behalf of a third-party, Customer shall not use the InfoPay, Inc. Data Services:
         • To revoke consumer credit;
         • To accelerate, set or change repayment terms; or
         • For the purpose of determining a consumer's eligibility for any repayment plan; provided, however, that Customer may, consistent with the certification and limitations set forth in this section 1.4, use the InfoPay, Inc. Data Services for identifying, locating, or contacting a consumer in connection with the collection of a consumer's debt or for prioritizing collection activities; and
         • to take any "adverse action", as that term is defined in the FCRA.
   5. 1.5. Driver's Privacy Protection Act. The InfoPay, Inc. Data Services provided pursuant to this Agreement are provided subject to the Driver's Privacy Protection Act (15 USC § 2721, et. seq.) (the "DPPA"). InfoPay, Inc. Data Services related to a "motor vehicle record", as defined by the DPPA, may only be used in whole or in part for one of the following reasons:
      1. 1.5.1. For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a Federal, State, or local agency in carrying out its functions.
      2. 1.5.2. For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; and removal of non-owner records from the original owner records of motor vehicle manufacturers.
      3. 1.5.3. For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only —
         • to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and
         • if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
      4. 1.5.4. For use in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a Federal, State, or local court.
      5. 1.5.5. For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals.
      6. 1.5.6. For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, anti fraud activities, rating or underwriting.
      7. 1.5.7. For use in providing notice to the owners of towed or impounded vehicles.
      8. 1.5.8. For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection.
      9. 1.5.9. For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under chapter 313 of title 49.
      10. 1.5.10. For use in connection with the operation of private toll transportation facilities.
      11. 1.5.11. For any other use in response to requests for individual motor vehicle records if the State has obtained the express consent of the person to whom such personal information pertains.
      12. 1.5.12. For bulk distribution for surveys, marketing or solicitations if the State has obtained the express consent of the person to whom such personal information pertains.
      13. 1.5.13. For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains.
      14. 1.5.14. For any other use specifically authorized under the law of the State that holds the record, if such use is related to the operation of a motor vehicle or public safety.
   6. 1.6. California Consumer Privacy Act of 2018. The InfoPay, Inc. Data Services provided pursuant to this Agreement are provided subject to the California Consumer Privacy Act of 2018 (Cal Civ Code § 1798.105(d)(1)) (the "CCPA"). InfoPay, Inc. Data Services to the extent they are subject to the CCPA must only be used in compliance with the CCPA. The Parties agrees that, in relation to the Personal Information (as defined by the CCPA) processed under this Agreement, each Party shall be each considered a Third-Party. Each Party is individually responsible for its own compliance with the requirements of the CCPA.
   7. 1.7. Social Security, Driver's License Numbers, and Date of Birth. InfoPay, Inc. Data may, in its sole discretion, permit Customer to access Sensitive Personal Data (SPD), which includes full Social Security Numbers, full Date of Birth, and full Driver's License Numbers. InfoPay, Inc. Data may at any time and for any or no reason cease to provide or limit the provision of SPD to Customer.
   8. 1.8. Death Master File. Certain data provided by InfoPay, Inc. Data may include information obtained from the Death Master File (DMF) made available by the US Department of Commerce National Technical Information Services (NTIS) and subject to regulations found at 15 CFR Part 1110. All InfoPay, Inc. Data Subscribers are required to comply with all applicable laws and, if Subscriber is granted access to DMF data, Subscriber further certifies compliance with 15 CFR Part 1110.
   9. 1.9. Retention of Records. Customer shall maintain for a period of five (5) years a complete and accurate record (including consumer identity, purpose and, if applicable, consumer authorization) pertaining to every access to data.
   10. 1.10. Consumer Data Requests. Each Party is responsible for complying with any Consumer rights under applicable data protection laws. To the extent required under the law, Customer shall provide reasonable assistance to Accuom in facilitating compliance with Consumer rights requests.
2. 2. SECURITY. Customer acknowledges that the information available through the InfoPay, Inc. Data Services may include personally identifiable information and it is Customer's obligation to keep all such accessed information confidential and secure.
   1. 2.1. Customer Obligations. Customer is required to ensure that the following actions take place:
      1. 2.1.1. Restrict access to InfoPay, Inc. Data Services to those employees who have a need to know as part of their official duties;
      2. 2.1.2. Train new employees prior to allowing access to InfoPay, Inc. Data Services on Customer's obligations under this Agreement;
      3. 2.1.3. Ensure that none of its employees shall obtain and/or use any information from the InfoPay, Inc. Data Services for personal reasons, or transfer any information received through the InfoPay, Inc. Data Services to any party except as permitted hereunder;
      4. 2.1.4. Keep all user identification numbers, and related passwords, or other security measures (collectively, "User IDs") confidential and prohibit the sharing of User IDs;
      5. 2.1.5. Immediately deactivate the User ID of any employee who no longer has a need to know, or has been terminated. User ID for terminated employees shall be deactivated or prior to the date of termination;
      6. 2.1.6. In addition to any obligations under Section 1 above, take all commercially reasonable measures to prevent unauthorized access to, or use of, the InfoPay, Inc. Data Services or data received therefrom, whether the same is in electronic form or hard copy, by any person or entity;
      7. 2.1.7. Maintain and enforce data destruction procedures to protect the security and confidentiality of all information obtained through InfoPay, Inc. Data Services as it is being disposed;
      8. 2.1.8. Take all steps to protect their networks and computer environments, or those used to access the InfoPay, Inc. Data Services, from compromise.
   2. 2.2. Customer Review. Customer agrees that on at least a quarterly basis it will review searches performed by its User IDs to ensure that such searches were performed for a legitimate business purpose and in compliance with all terms and conditions herein.
   3. 2.3. Customer Security & Notice. Customer will implement policies and procedures to prevent unauthorized use of User IDs and the InfoPay, Inc. Data Services and will immediately notify InfoPay, Inc. Data, in writing to the InfoPay, Inc. Data, if Customer suspects, has reason to believe or confirms that a User ID or the InfoPay, Inc. Data Services (or data derived directly or indirectly therefrom) is or has been lost, stolen, compromised, misused or used, accessed or acquired in an unauthorized manner or by any unauthorized person, or for any purpose other than legitimate business reasons.
   4. 2.4. Security Event. Customer acknowledges that, upon actual or suspected unauthorized acquisition or access of or to any information from InfoPay, Inc. Data Services (a "Security Event"),
      1. 2.4.1. Customer shall inform InfoPay, Inc. of the Security Event in writing no less than twenty-four (24) hours after becoming aware of the Security Event.
      2. 2.4.2. Customer agrees that no notification of the Security Event shall reference InfoPay, Inc. or the product through which the data was provided, nor shall InfoPay, Inc. be otherwise identified or referenced in connection with the Security Event, without InfoPay, Inc.'s express written consent.
      3. 2.4.3. Customer shall be solely responsible for any other legal or regulatory obligations which may arise under applicable law in connection with such a Security Event and shall bear all costs associated with complying with legal and regulatory obligations in connection therewith.
      4. 2.4.4. Customer shall provide samples of all proposed materials to notify consumers and any third parties, including regulatory entities, to InfoPay, Inc. for review and approval prior to distribution.
      5. 2.4.5. In the event of a Security Event, InfoPay, Inc. may, in its sole discretion, take immediate action, including suspension or termination of Customer's account.
3. 3. AUDIT. Customer understands and agrees that, in order to ensure compliance with applicable laws, regulations, or rules, or InfoPay, Inc. 's obligations under its contracts with its data providers, InfoPay, Inc. may conduct periodic reviews of Customer's use of the InfoPay, Inc. Data Services. InfoPay, Inc. may, upon reasonable notice, audit Customer's records, processes and procedures related to Customer's use, storage and disposal of InfoPay, Inc. Data Services and information received therefrom. Customer agrees to cooperate fully with any and all audits and to respond to any such audit inquiry within ten (10) business days, unless an expedited response is required. Violations discovered in any review and/or audit by InfoPay, Inc. will be subject to immediate action including, but not limited to, suspension or termination of the license to use the InfoPay, Inc. Data Services. Customer acknowledges that InfoPay, Inc. maintains records of access to the Services in order to comply with applicable laws and with the requirements of third parties, and that in certain limited circumstances InfoPay, Inc. may be required to disclose that Customer accessed certain data in order to meet these requirements.
4. 4. INDEMNIFICATION. Customer agrees to indemnify and hold harmless InfoPay, Inc., its Affiliates, subsidiaries, respective directors, officers, employees, shareholders, representatives and agents and all other of their respective successors and permitted assignees (the "InfoPay, Inc. Indemnified Parties"), from and against any and all suits, claims, actions, causes of actions, liabilities, losses, damage to property, or for injury to or death of any person, regulatory fines, costs and expenses (including, but not limited to, interest, penalties, reasonable attorneys' fees and other expenses of litigation) (individually a " Claim", collectively, "Claims") arising from, or in connection with any actual or alleged: (i) inaccuracy in any representation or warranty made by Customer in this Agreement, including, without limitation,any Application; (ii) any act of Customer that causes a violation of applicable laws, including but not limited to GLBA, FCRA, DPPA, and CCPA; (iii) breach or alleged breach of any covenant or obligation of Customer in this Agreement; and (iv) willful misconduct or negligent act, error or omission of Customer, its agents, servants, employees, subcontractors, consultants or other representatives.
5. 5. CUSTOMER CHANGES. Customer shall notify InfoPay, Inc. immediately of any changes to the information on Customer's Credentialing Application for the InfoPay, Inc. Data Services, including company name, address, contact information, industry, or data purpose. Upon such change, InfoPay, Inc. will re-evaluate eligibility and may terminate this Agreement or restrict access to certain data services.
6. 6. CHANGE IN AGREEMENT. InfoPay, Inc. Data may, at any time, impose restrictions and/or prohibitions on the Customer's use of the InfoPay, Inc. Data Services or certain data elements. Such restrictions are subject to Customer's written consent.
7. 7. PUBLICITY. Customer acknowledges that it will not name InfoPay, Inc. or refer to its use of the InfoPay, Inc. Data Services in any press releases, advertisements, promotional or marketing materials, or make any other third-party disclosures regarding InfoPay, Inc. or Customer's use of the InfoPay, Inc. Data Services without the written permission of InfoPay, Inc. Data.
8. 8. TERMINATION. This Agreement may be terminated by InfoPay, Inc. at anytime, with or without notice or cause.