CUSTOMER APPLICATION PACKAGE (CAP) INCLUDING TX
PRODUCT AGREEMENT
DataTrax Services LLC (DataTrax) PO Box 451154 Houston TX 77245-1154,
has established databases available for access by its Customers pursuant to the
terms and conditions of this agreement. Customer desires to obtain access to DataTrax’s databases, and DataTrax will grant such access,
provided certain contractual terms and conditions are met. Therefore, in
consideration of the promises made in this Agreement, DataTrax and Customer agree as follows:
11.
ASSIGNMENT
Customer agrees that this Agreement shall not be assigned or transferred and
that any attempt on its part to assign or transfer this Agreement or any of its
rights or obligations under this Agreement shall be null and void.
12.
GOVERNING LAW
This Agreement shall be construed under and be governed by the laws of the
State of Texas.
13.
ENTIRE AGREEMENT
This agreement, including all attachments, constitutes the entire Agreement of
the parties.
14.
NOTICES
Whenever in this Agreement it shall be required or permitted that notice or
demand be given or served by either party to this Agreement to or on the other,
such notice or demand shall be given or served in writing and delivered
personally, sent by email, sent by facsimile or forwarded by United States
Mail, addressed to such customer at its place of business as set forth in the DataTrax Online Application. Such
notice or demand shall be deemed given when received in the case of personal
delivery, when sent in the case of email and facsimile and in the case of
United States Mail when delivered.
15.
NONWAIVER OF
RIGHTS
Customer and DataTrax agree that no
failure or delay to exercise any right, power, or privilege on the part of
either party shall operate as a waiver of any right, power, or privilege under
this Agreement. Customer and DataTrax
also agree that no single or partial exercise of any right under this Agreement
shall preclude further exercise of the right. Time is of the essence with
respect to the performance of every provision of this Agreement by Customer and
DataTrax.
16.
SEVERABILITY
If any court determines that any provision in this Agreement is invalid, void,
or unenforceable, the remaining provisions shall nevertheless continue in full
force and effect.
17.
ATTORNEY’S FEES
If any legal action is necessary to enforce the terms of this Agreement, the
prevailing party shall be entitled to reasonable attorney’s fees in addition to
any other relief to which that party may be entitled. This provision shall be
construed as applicable to the entire Agreement
18.
MODIFICATION
No modifications or amendments to this Agreement shall be valid, unless in
writing, and signed by duly authorized representatives of the parties.
19.
DRIVER'S LICENSE AND MOTOR VEHICLE TITLE &
REGISTRATION DATABASE
Customer represents, certifies and warrants to DataTrax that it is aware of and familiar with the statutes, rules
and regulations (federal and state) (the same being hereinafter referred to
collectively as the “Rules”) that govern the use of the Motor Vehicle Title and
Registration Database (“VTR”), and that the release and use of personal data
contained in the VTR is restricted or prohibited in many cases. In particular, VTR and related data may NOT
be used for marketing, advertising, direct mail, sales solicitation, or
promotional purposes of any kind. Customer also represents, certifies and
warrants to DataTrax that it will
comply with the Rules and that it will not post on the Internet, either
directly or indirectly, any information obtained from the VTR. Customer agrees
to indemnify and hold harmless DataTrax
from any and all loss or claims arising out of Customer’s (or any of Customer's
customers') use of the VTR asserted or alleged against DataTrax.
If you
acknowledge that you have read and understood the Agreement above and you now
agree to be bound by its terms and conditions, then SIGN, DATE, COMPLETE the requested fields below,
AND
check USES in Appendix A, AND also complete CCA (Credit Card Authorization) in Appendix C. SCAN-EMAIL or FAX your entire completed Customer
Application Package to DataTrax.
In witness
whereof, DataTrax and Customer have caused this Agreement to be executed by
duly authorized representatives as of date below. Please have your signature
witnessed/notarized as provided for on the next page.
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Customer
Signature (Full Legal Name) Date Printed Full Name
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CUSTOMER SIGNATURE & DATE
MUST BE NOTARIZED
ACKNOWLEDGEMENT
BE IT RECORDED
that on this _________day of __________________, 20_____, before me, the
undersigned Notary
Public in and
said county and state, personally appeared __________________________________________________,
(Name of
Applicant) known to me to be, or having supplied sufficient proof of being, the
same individual described herein and
who executed
this agreement freely and voluntarily.
Name of
Applicant
________________________________________________ (NOTARY PUBLIC)
If using embossed seal, please complete the
following:
Notary Name: ____________________________________ Commission #: ___________________________________ Commission
Expires: _____________________________ Jurisdiction: _____________________________________ |
(Place Seal Below) |
Primary Authorized Signer Please Initial Here: ______________
APPENDIX A
USE
LIMITATIONS: WHEREAS, the Federal Gramm-Leach-Bliley Act, 15 U.S.C.A. Section
6801 et seq. (2000), (“GLB Act”) was enacted to protect the use and disclosure
of non-public personal information, including, in certain instances, the use of
identifying information only; and WHEREAS, the Federal Fair Credit Reporting
Act, 15 U.S.C. Section 1681 et seq. (“FCRA”) was, in part, enacted to address
the collection and use of information concerning consumers that relates to an
individual’s credit-worthiness, credit standing, credit capacity or the general
reputation of the individual; and WHEREAS, the GLB Act provides limited
exceptions under which such information may be used; NOW, THEREFORE, Customer
hereby certifies to DataTrax that
Customer has determined that Customer’s use of certain identification-only
products (“Reference Products”), including but not limited to Credit Header
Products is pursuant to an exception under the GLB Act and/or constitutes a
permissible purpose as defined by the FCRA. Customer acknowledges that it is in
its best interest to implement the Fair Information Practice Principles and
agrees that in addition to using these Reference Products pursuant to a GLB Act
exception and/or a permissible purpose as defined by the FCRA, it will use these
Reference Products in compliance with Fair Information Practice Principles.
Customer hereby certifies that its use of the Reference Products shall be for
Purpose(s) designated below in the section entitled, “Certification of uses for
Non-Public Information Products”.
Furthermore, the State of Texas strictly prohibits use of its VTR and related
data for marketing, advertising, direct mail, sales solicitation, or
promotional purposes of any kind.
Customer
acknowledges that Customer has read and does understand the information set
forth above and understands that failure to abide by the Fair Information
Practice Principles or attempting to access restricted information for any
reason other than as designated by Customer may result in immediate termination
of access or to other remedies. Further, Customer acknowledges receipt of
“Access Security Requirements” and agrees to abide by the terms and conditions
described therein.
Customer
understands that DataTrax cannot
provide legal advice regarding the appropriate uses of non-public, personal
information and that it is Customer’s obligation and responsibility to seek
legal counsel in interpreting the applicable laws. However, regardless of the
opinion of Customer’s legal counsel, DataTrax
will allow or restrict access to products based on DataTrax’ understanding of the applicable laws. All such decisions
are the sole discretion of DataTrax
and shall be final.
DataTrax
may, from time to time, in the ordinary course of business, in order to fulfill
its compliance obligations, routinely and randomly audit, through a variety of
means, the use of information obtained by DataTrax
Customers from DataTrax. Customer
agrees to provide to DataTrax such
access or documentation as DataTrax
deems necessary to perform such audits in order to verify the legitimacy of a
request for non-public information. DataTrax
shall protect the confidentiality of all information obtained through such
audits. Customer acknowledges that failure to provide such access or
documentation may result in immediate restriction of access or other remedies.
CERTIFICATION of Uses
for Non-Public Information Products: Check all uses for which you will be
requesting data.
[ ] Child Support Enforcement [ ] Employment Screening
[ ] Debt Collections [ ] Employment Verification
[ ] Legal Process Service [ ] Fraud Prevention
[ ] Insurance Claims Investigation [ ] Locate Beneficiaries and Heirs
[ ] Locate Missing Persons [ ] Locate Owners of Unclaimed Goods
[ ] Locate Former Employees [ ] Locate Alumni - Class Reunions
[ ] Locate Existing Customers [ ] Product Recalls
[ ] People Locator Service [ ] Locate Former Patients (Medical ONLY)
[ ] Tenant Screening
[ ] Witness & Victim Locating in a
documented criminal or civil action
[ ] Locating Fraud Victims in an active
criminal or civil action
[ ] For required institutional risk control or
for resolving consumer disputes or inquiries
[ ] Other (please describe)
___________________________________________________________________________________________________________________________
While
other uses for non-public records may be allowable under the FCRA, GLB and
other Federal & State laws and by the principles of the Fair Information
Practice Codes, the purposes for which we will allow access to these products
are limited to those listed above unless specifically authorized by DataTrax in
writing in advance of data access.
Primary
Authorized Signer Please Initial Here: ______________
APPENDIX
B
CERTIFICATION OF
USE OF VTR DATA
NOTE: The State may
release information contained in the MVR’s and the VTR database only if the
Customer certifies their intended uses of the information as listed this
Appendix B to this contract. Certified intended uses include only those uses
for which the Customer will actually employ the information. Certified intended
uses do not include uses that are speculative or that will be engaged in by
persons acquiring the information from Customer. All use of data must also confirm to Federal Driver's Privacy
Protection Act.,
(18 U.S.C.§2721).
PLEASE INITIAL
BELOW (DO NOT CHECK) THE INTENDED USE(S) FOR WHICH REMOTE ELECTRONIC ACCESS TO
THE VTR DATABASE IS REQUESTED:
PERMITTED USES:
Section I
A. For use in
connection with any matter of:
____ (1) motor
vehicle or motor vehicle operator safety;
____ (2) motor
vehicle theft;
____ (3) motor
vehicle emissions;
____ (4) motor
vehicle product alterations, recalls, or advisories;
____ (5)
performance monitoring of motor vehicles or motor vehicle dealers by a motor
vehicle manufacturer; or
____ (6) removal
of non-owner records from the original owner records of a motor vehicle
manufacturer to
carry out the
purposes of: (a) the Automobile Information Disclosure Act, 15 U.S.C. Section
1231 et seq.; (b) 49 U.S.C. Chapters 301, 305, 323, 325, 327, 329, and 331; (c)
the Anti-Car Theft Act of 1992, 18 U.S.C. Sections 553, 981, 982, 2119, 2312,
2313, and 2322, 19 U.S.C. Sections 1646b and 1646c, and 42 U.S.C. Section 3750a
et seq., all as amended;
(d) the Clean
Air Act, 42 U.S.C. Section 7401 et seq., as amended; and
(e) any other
statute or regulation enacted or adopted under or in relation to a law included
in Paragraphs (a)-(d).
B. Use will be
strictly limited to use by:
____ (1) a
government agency, including any court or law enforcement agency, in carrying
out its functions; or
____ (2) a
private person or entity acting on behalf of a government agency in carrying
out the functions of the agency.
Section II
A. Use in
connection with a matter of:
____ (1) motor
vehicle or motor vehicle operator safety;
____ (2) motor
vehicle theft;
____ (3) motor
vehicle product alterations, recalls, or advisories;
____ (4) performance
monitoring of motor vehicles, motor vehicle parts, or motor vehicle dealers;
____ (5) motor
vehicle market research activities, including survey research; or
____ (6) removal
of non-owner records from the original owner records of motor vehicle manufacturers;
B. Use in the
normal course of business by a legitimate business or an agent, employee, or
contractor of the business, but only:
____ (1) to
verify the accuracy of personal information submitted by the individual to the
business or an agent, employee, or contractor of the business; and
____ (2) if the
information as submitted is not correct or is no longer correct, to obtain the
correct information, for the sole purpose of preventing fraud by, pursuing a
legal remedy against, or recovering on a debt or security interest against the
individual;
C. Use in
conjunction:
____ With a
civil, criminal, administrative, or arbitral proceeding in any court or
government agency or before any self-regulatory body, including service of
process, investigation in anticipation of litigation, execution or enforcement
of a judgment or order, or under an order of any court;
D.
Use
in:
____
Research or in producing statistical reports, but only if the personal
information is not published, re-disclosed, or used to contact any individual;
E.
Use
by:
____
An insurer or insurance support organization, or by a self-insured entity, or
an agent, employee, or contractor of the entity, in connection with claims
investigation activities, antifraud activities, rating, or underwriting;
F.
Use
in:
____
providing notice to an owner of a towed or impounded vehicle;
G.
Use
by:
____
A licensed private investigator agency or licensed security service for a
purpose permitted under this section;
H.
Use
by:
____
An employer or an agent or insurer of the employer to obtain or verify
information relating to a holder of a commercial driver's license that is
required under 49 U.S.C. Chapter 313;
I.
Use
in:
____
Connection with the operation of a private toll transportation facility;
CERTIFICATION
I,
________________________________________, the Customer, do hereby certify that
the intended use of the VTR database information is requested for the permitted
use(s) initialed above.
_________________________________________________
(THE
CUSTOMER)
BY:
______________________________________________
(Signature)
_________________________________________________
(Name
and Title)
_____________________
(Date)
Primary
Authorized Signer Please Initial Here: ______________
APPENDIX
C
INDICATE YOUR
TYPE OF BUSINESS (CHECK ALL THAT APPLIES):
[ ] Auto Dealer
[ ] Auto Auction
[ ] Auto Storage
[ ] Salvage Yard
[ ] Wrecker Service
[ ] Auto Repossession
[ ] Collection Agency
[ ] Attorney
[ ] City Agency
[ ] College / University
[ ] Bank / Credit Union
[ ] Insurance Firm
[ ] Finance Company
[ ] Car Title Service
[ ] Private Investigator
[ ] Process Server
[ ] Other
__________________________________
Primary Authorized Signer Please Initial Here: ______________
RESTRICTED USES: The following is a list
of unacceptable uses for our services, products or information:
a. May NOT be used to locate suspects in a
criminal or civil lawsuit in order to develop a news story.
b. May NOT be used to track down victims of
fraud, their family members or friends to develop a news story.
c. May NOT be used to locate lost loves, friends,
family members or for personal reasons (dating, etc.).
d. May NOT be used for purposes that may cause
physical or emotional harm to the subject of the report (e.g. stalking, harassing,
etc.).
e. May NOT be used to search for individuals
involved in an adoption (children, parents, siblings, etc.).
f. May NOT be used to locate personal
information on well-known/high profile celebrities, government officials, etc.
g. May NOT be used in connection with credit
repair services, to locate previous debtors or to assist in the determination
of whether or not to file a personal lawsuit or judgment against the subject of
the report.
h. May NOT be used to access individual
reference data on one’s self or out of personal curiosity.
i. May NOT be used by Professional and
Commercial users for purposes that are not within their normal course of
business (e.g. A collection agency may NOT use our services/products to locate
a witness to a crime).
j. May NOT be used for marketing, advertising,
direct mail, sales solicitation, or promotional purposes of any kind.
ACCESS
SECURITY REQUIREMENTS: We recognize and accept our obligation to support and
implement policies that protect the confidential nature of information we
provide through our services (which include providing access to information
contained in the databases of the three national credit bureaus) and to ensure
respect for consumer’s rights to privacy. Therefore, we provide our services
only to pre-approved companies that have an acceptable use for credit headers
and credit header information.
We
strive to achieve and to enforce the highest levels of legal and ethical
conduct in the use of credit header information. We seek to tailor our credit
header products, and to limit access to them, in a fair and balanced manner,
one that respects both legitimate needs for information and legitimate privacy
concerns.
We
provide the following notice to you so that you may avoid falling under the
restrictions imposed by the Fair Credit Reporting Act (FCRA). You may only use
credit header information to locate or to further identify the subject of that
credit header information. You may not and should not use credit header
information, in whole or in part, to determine a consumer’s eligibility for
credit, for employment, or for insurance, nor may you use credit header
information for any other purpose for which you might properly obtain a
consumer report, except in connection with collection of a debt. If adverse
action is to be taken against the subject of a credit header report and the
basis for such adverse action is information obtained or derived from credit
header information, you must verify such information from another source before
taking such adverse action.
We
require all Customers to take strict precautions to secure any system or device
used to access credit header information. To that end, we have established the
following requirements:
a. You must appoint and identify a
Security Designate who will have responsibility within your company to oversee
the stipulations listed below.
NAME OF SECURITY
DESIGNATE______________________________
TITLE_____________________________________
b.
You consider and treat your account number and password as “sensitive
information.” You must protect your account number and password in a way that
assures that only key personnel have access to and knowledge of this sensitive
information. Under no circumstances should you give unauthorized persons
information concerning your account number or password. You must notify
DataTrax immediately so that new passwords can be issued when those company
personnel who have access to DataTrax’ data are terminated from employment, transferred
and/or job duties have been reassigned where access to data is no longer
required; or you become aware of suspect or questionable activity regarding
access to DataTrax’ data; or you become aware of any potential compromise of
your systems that may expose DataTrax’ data to security vulnerabilities.
Primary
Authorized Signer Please Initial Here: ______________
c.
The system access software you use (whether developed by you or purchased from
a third-party vendor) must “hide” or “embed” your account number and password
so that only supervisory personnel know your account number and password. You
must assign each end user of your system access software unique passwords.
d.
You must not discuss your account number and password over the telephone with
any unknown caller, even if the caller claims to be our employee.
e.
You must restrict the ability to obtain credit header information to a few key
personnel.
f.
Credit header information obtained through our service CANNOT be sold to the
general public, in whole or in part, under any circumstances.
g.
Credit header information you obtain through our service must be obtained in a
manner consistent with the principles of the Fair Information Practice Codes
described by the Federal Trade Commission (http://www.ftc.gov/reports/privacy3/fairinfo.htm)
and
must be consistently used as defined by the Gramm-Leach-Bliley Act and/or as a
permissible purpose as defined by the federal Fair Credit Reporting Act.
h. As the Primary Authorized Signer, you must
provide a copy of a government issued photo identification of yourself as part
of your submitted CAP package. This will help DataTrax
verify GLB data access is being provided to the right party. It will also help protect your company for
security purposes that Password(s) have been generated for authorized person(s)
only.
Primary
Authorized Signer Please Initial Here: ______________
APPENDIX D
DataTrax Services, LLC
Phone 888.253.0383 PO Box
451154 Fax 832.383.8470 |
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CREDIT
CARD AUTHORIZATION
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Company Name |
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Credit Card |
VISA |
DISCOV |
MCARD |
AMEX |
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Credit Card # |
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Expiration
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CVV # |
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Chargeable
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Cardholder Signature
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I certify that I am an authorized user
on this credit card Yes No |
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PLEASE CHECK THE BOX BELOW THAT
APPLIES*
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*Please charge my credit card for this month
only (one-time only) |
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*Please charge my credit card every month (recurring) |
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I
understand that DataTrax has the option of charging the Credit Card | |
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To access the searches we provide, you must complete/return to us the Agreement & Customer Application Package (ACAP) in its entirety either by scan-email or by fax. To download a copy of ACAP as a Word doc or PDF, select/click on a box (see right).
CHECK LIST
1.
DID YOU SIGN, DATE, AND PROVIDE NECESSARY CONTACT INFO ON SIGNATURE
PAGE OF AGREEMENT?
2.
DID YOU HAVE YOUR SIGNATURE AND DATE ON THE AGREEMENT DULY
NOTARIZED, AS REQUIRED?
3.
DID YOUR PRIMARY AUTHORIZED SIGNER INITIAL AT THE BOTTOM OF EVERY
PAGE AS REQUIRED ON APPENDIX A?
4.
DID YOU APPOINT AND IDENTIFY SOMEONE AS SECURITY DESIGNATE FOR YOUR
FIRM, AS REQUIRED?
5.
HAVE YOU PROVIDED A COPY OF A GOVERNMENT ISSUED PHOTO ID WITH
SIGNATURE OF THE PRIMARY AUTHORIZED SIGNER?
6.
HAVE YOU FULLY COMPLETED THE CREDIT CARD AUTHORIZATION FORM AS PART
OF YOUR CAP PACKAGE?
7.
HAVE YOU PROVIDED A LIST OF DESIGNATED EMPLOYEES WITH NAMES,
TITLES, AND CONTACT INFO FOR ANY REQUESTED ADDITIONAL USERID’S?
8.
HAVE YOU PROVIDED A COPY OF THE ARTICLES OF INCORPORATION, BUSINESS
LICENSE, PROFESSIONAL LICENSE, OR OTHER STATE OR FEDERALLY ISSUED DOCUMENT
VERIFYING YOUR RIGHT TO CONDUCT BUSINESS IN YOUR STATE? *
9.
HAVE YOU PROVIDED A COPY OF THE COVER PAGE OF YOUR PHONE BILL (THE
PAGE THAT CONTAINS THE PHONE NUMBER OF THE BILLING ADDRESS)?
To
submit your Agreement & Customer Application Package (ACAP): Please
SCAN-EMAIL a completed/signed copy of ACAP to Office@DataTraxServices.com, or FAX a completed/ signed copy of
ACAP to 832-383-8470. Be sure to provide all required proof items and
also have your Agreement signature witnessed/notarized, as requested.