Customer’s Use of Monitoring Alerts: Customer verifies that it has a permissible purpose to monitor the Individual or Entity and/or that Customer has obtained written consent where applicable law requires it. Customer may use Monitoring Alerts for any lawful purpose that is not prohibited by this Agreement or applicable law. The Monitoring Alert will contain information obtained from public record sources, government records, internet/website resources, and proprietary or third-party databases and vendors. Some criminal information may not be available in all jurisdictions, and records obtained may not reflect the current status or the full scope of a criminal action taken against an Individual or Entity. Please also note that many names are similar. Because of these limitations, Vcheck Global does not guarantee the availability or the accuracy of the information provided in the Monitoring Alert. Rather, the Monitoring Alert is intended to provide information that will enable Customer to conduct additional investigation as Customer deems necessary or appropriate, or to order additional reporting with the Individual’s express written authorization.
a. Vcheck does not confirm or determine whether a record returned through the Monitoring Alert is (i) accurate, (ii) a match against the monitored Individual or Entity, or (iii) reportable to the Individual or Entity. All responsibility for record verification and reporting rests solely with the Customer or its clients, as applicable. The customer is solely responsible for determining whether any action may be taken on information contained within the Monitoring Alert under applicable law.
b. Vcheck Global represents and warrants, and Customer acknowledges, that (i) when providing the Monitoring Alerts, Vcheck Global is not acting as a “consumer reporting agency” (as that term is defined at 15 U.S.C. §1681a(f), and (ii) the Monitoring Alerts are not consumer reports (as defined at 15 U.S.C. §1681a(d) Customer represents and warrants that it will not use any Continuous Monitoring Alert, or any information contained therein, for any purpose falling under the protection of the federal Fair Credit Reporting Act (“FCRA”) or any similar international, federal, state or local statute or regulation. (collectively, “Consumer Reporting Laws”).
c. For illustration, prohibited uses of Monitoring Alerts obtained under this Agreement would include, but are not limited to, determining, in whole or in part an Individual’s eligibility for: (a) credit or insurance to be used primarily for personal, family or household purposes; (b) any employment purpose, including, but not limited to, evaluating an Individual for employment, promotion, reassignment or retention as an employee; or other benefit granted by a government agency; or (c) any other product, service or transaction in connection with which a Consumer Report may be used under Consumer Reporting Laws, including, without limitation, apartment rental, check-cashing, or the opening of a deposit or transaction account.
d. If Customer learns that it no longer has a permissible purpose for any Monitoring Alert, it must notify Vcheck Global within seven (7) days or manually remove monitoring for that Individual or Entity within Vcheck Global’s portal.