Effective date: January 4, 2023

This is the Privacy Policy of Vcheck Global, LLC, including its affiliates, subsidiaries, and related entities (collectively, “Vcheck Global,” “we,” “us” or “our”) and applies to our website and its subdomains (the “Website” or “Site”), as well as our software applications, and all portals, products, goods, services, events, and interactive features, or other services controlled by us that post a link to this Privacy Policy (collectively, the “Platform”).

All references to “you,” “your” or “User” in this Privacy Policy means the person who registers for, access, or uses the Site or our Services. If you use or access our Site or Services on behalf of an entity or an individual, you represent and warrant that you have the authority to bind that entity or individual, and “you” and “your” refers to that entity or individual as well.

Your privacy is important to us, and in this Policy, we tell you what personal information we collect, why we collect it, how we use it, under what circumstances we may share it with third parties, how we protect that information, and what choices you may make about that information.

This Privacy Policy is expressly incorporated into our Terms and Conditions (“Terms”) and governs information that we collect from you on the Platform, as well as through other online and offline communications with our personnel. We refer to all of the above as our “Services.” If you have questions about this Privacy Policy, contact us at [email protected].

1. Who We Are

Vcheck Global is a background check provider for our clients (our “Clients”) and collects and processes personal information in the course of providing its Services.

2. What Information Does This Policy Apply To?

This Policy reflects how Vcheck Global processes personal information through our Platform and our Services. It does not apply to our Clients’ uses of your data, or the use of your data by any third party (for example, when you visit a third-party website or interact with third-party services). You should review those third parties’ privacy policies before you use any of their services (“Third Party Services”). In some instances, Vcheck Global only acts as a “processor” of your information and may not be the “controller” of the information (which may be our Client or our vendor). Our use of your information is usually in the context of providing a service to our Clients, and you may be required to reach out to the Client directly to remove your information from their databases as well as Vcheck Global’s.

3. What Information We Collect

As a preliminary matter, we handle all information provided to us with the utmost care, whether provided by our Clients or vendors, or provided by you directly. Please note that if you voluntarily provide your information in the course of interfacing with the Platform or using our Services, we will take that as your agreement to our collection, use, and disclosure of your information as set forth in this Privacy Policy. Your use of our Platform indicates your consent to the practices described in this Policy and in our Terms.

Internally, your personal information will only be shared with members of our company who need to know this information in order for us to provide our Services. At times, we may need to disclose your personal information to third parties outside the company who may be assisting us with providing Services to you, as set forth in this Policy, or to our Clients.

4. How We Use Your Information

We may use Personal Information for various purposes, including the following:

• Responding to your requests for information;
• Providing the Platform, products or Services to you and to our Clients;
• Verifying your identity and for fraud prevention;
• Processing payments;
• Providing you with updates and information about products and Services we provide;
• Sending you marketing information about Vcheck Global or about our Client(s);
• Sending you email communications such as electronic newsletters about our Services, events and promotions, as well as periodic customer satisfaction, market research or quality assurance surveys that may be of interest to you;
• Improving the effectiveness of our Platform, our marketing endeavors, and our product and service offerings;
• Customizing your experience on the Platform;
• Identifying your product and service preferences, providing personalized content and informing you of new or additional information, products and services that may be of interest to you;
• Helping us address problems with and improve our Platform and our products and Services, including testing and creating new products, features, and services;
• Protecting the security and integrity of the Platform, including understanding and resolving any technical and security issues reported on our Platform;
• Engaging in analysis, research, and reports regarding the use of our Platform and Services;
• For internal business purposes (including but not limited to HR-related functions for applicants and employees, such as evaluating your employment application or administering employee benefits, such as medical, dental, commuter and retirement benefits, including recording and processing eligibility of dependents, absence and leave monitoring, insurance and accident management, rewards or discount programs offered to employees);
• Complying with the law and protecting the safety, rights, property or security of Vcheck Global, the Services, and the general public; and
• For other purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

5. Disclosure of Your Information

We may be required under our agreement(s) with our Clients to share Personal Information and preferences that we have collected with them. We also may share your information, including your Personal Information, with our affiliates, service providers, business associates, and other third parties that perform essential services for us; for example, a payment processor, a cloud-service or internet service provider, an email marketing vendor, a customer service provider, or entities that handle other business functions for us.

As permitted by law, we insist that these partners follow the same rules and standards with respect to your personal information as we do, and we typically have a contractual agreement in place with the other party which prohibits them from disclosing or using the information other than for the business purposes for which it was disclosed.

We do not “sell” your information to any third parties, as that term is defined under California law. If you are a California resident, you may have additional rights with respect to the transmission of your information. Please see the section entitled “Your California Privacy Rights” below for more information.)

We may share the information we have collected about you, including your Personal Information, in ways other than as described in this Privacy Policy if they are disclosed at or before the time you provide your information.

We may aggregate, de-identify, and/or anonymize any information collected through the Platform or Services such that such information is no longer linked to your personally identifiable information. We may use and share this aggregated and anonymized information (which is no longer considered Personal Information) for any purpose, including without limitation, for research and marketing purposes, analytics, and may also share such data with our affiliates and third parties, including advertisers, promotional partners and others.

Certain Personal Information about you may also be disclosed in the following situations:

• To comply with a validly issued and enforceable subpoena or summons;
• As necessary to properly comply with or respond to an inquiry or complaint from a federal or state agency;
• In conjunction with a prospective purchase, sale, or merger of all or part of our practice, provided that we take appropriate precautions (for example, through a written confidentiality agreement) so the prospective purchaser or merger partner does not disclose information obtained in the course of the review; and
• As a part of any actual or threatened legal proceedings or alternative dispute resolution proceedings either initiated by or against us, provided we disclose only the information necessary to file, pursue, or defend against the lawsuit and take reasonable precautions to ensure that the information disclosed does not become a matter of public record.

We do not “sell” your information to any third parties, as that term is defined under California law, but California’s separate definition of “share” may mean that we share your information with our affiliates and other third parties, such as companies with whom we have marketing or other relationships, for direct marketing purposes. If you are a California resident, you may have additional rights with respect to the transmission of your information. Please see the section entitled “Your California Privacy Rights” below for more information.)

6. Cookies and Other Tracking Technologies

We may use various methods and technologies to store or collect information about you (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies used on the Site or Apps, include, but are not limited to, the following (as well as future-developed tracking technology or methods that are not listed here):

• Cookies. Cookies are pieces of data stored directly on the computer or mobile device that you are using. Cookies allow us to collect data such as browser type, time spent on the Online Services, pages visited, referring URL, language preferences, and other aggregated traffic data.
• Web Beacons. A Web Beacon is a small tag (which may be invisible to you) that may be placed on our Site’s pages and messages.
• Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on.
• ETag, or entity tag. An Etag or entity tag is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL.
• Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
• Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (g., that a user of multiple devices is the same user).

We may use Tracking Technologies for a variety of purposes, including:

• To allow you to use and access the Site or Apps, including for the prevention of fraudulent activity and improved security functionality;
• To facilitate navigation, display data more effectively, collect statistical data, personalize your experience while using the Online Services and recognize your computer to assist your use of the Online Services;
• To assess the performance of the Site or Apps, including as part of our analytic practices or otherwise to improve the design and functionality, content, products or services offered through the Site or Apps;
• To offer you enhanced functionality when accessing the Site or Apps, including identifying you when you sign into our Site or Apps or keeping track of your specified preferences or to track your online activities over time and across third-party sites; and
• To deliver content relevant to your interests on our Site, Apps and third‑party sites based on how you interact with our content.

You can choose whether to accept cookies by changing the settings on your browser. If you choose not to enable cookies, you will still be able to browse our Site, but doing so will restrict some of the functionality of our Site and what you can do. To learn more, please see our Cookie Policy.

7. Do Not Track Signals

Do Not Track (“DNT”) is a web browser setting that requests that a web application disable its tracking of an individual user. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, analytics companies, ad networks, plug in providers, and other web services you encounter while browsing to stop tracking your activity. Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals), but there is no universally agreed-upon standard for what a company should do when it detects a DNT signal. Currently, we do not monitor or take any action with respect to these signals or other mechanisms. You can learn more about Do Not Track here.

8. Your Choices About the Information We Collect

You have choices when it comes to how we use your information, and we want to ensure you have the information to make the choices that are right for you.

If you no longer want to receive marketing-related emails or newsletters, you may opt out by following the instructions in any such email you receive from us, or contacting us at [email protected].

Please note that Vcheck Global’s Clients, as the controllers of the data, remain wholly responsible for obtaining any necessary consent for an applicable consent and giving effect to users’ choices with respect to that consent. If you wish to revoke your consent for us to conduct a background check, you must contact the Client to whom you provided your prior consent in order to revoke it.

9. Children’s Privacy

The Platform and our Services are not intended for use by children under the age of 16. We do not request, or knowingly collect, any Personal Information from children under the age of 16. If you are the parent or guardian of a child under 16 who you believe has provided her or his information to us, please contact us at [email protected] to request the deletion of that information.

10. Security

We use reasonable organizational, technical and administrative measures to protect Personal Information. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your information has been compromised), please immediately notify us in accordance with the “Contact Us” section, below.

11. Links to Other Web Sites

For your convenience, the Platform and this Privacy Policy may contain links to other websites. Vcheck Global is not responsible for the privacy practices, advertising, products, services, or the content of such other websites. None of the links on the Platform should be deemed to imply that Vcheck Global endorses or has any affiliation with the links. Please see our Terms for more information.

12. Updating Personal Information

We prefer to keep your Personal Information accurate and up to date. If you would like to change your contact information, please contact us at [email protected]. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records).

13. International Data Transfers

We operate in and use service providers located in the United States and throughout the world. Because Vcheck Global works with global companies and technologies, we may transfer your personal information outside of the country in which it was originally provided. When we transfer Personal Information outside of these areas, we take steps to make sure that appropriate safeguards are in place to protect your personal information. As a result, if you are located outside the U.S., we are notifying you that your Personal Information may be transferred to the U.S. pursuant to the Standard Contractual Clauses or other adequacy mechanisms, or pursuant to exemptions provided under European Union laws. Note that U.S. data protection laws may not offer the same level of protection as those in the European Union, and your information may be subject to access requests from governments, courts, or law enforcement in the United States. By using the Site or the Platform or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information in the United States and in other countries, as set forth in this Privacy Policy.

14. Your Data Protection Rights under the General Data Protection Regulation (GDPR)

This section of the Privacy Policy applies solely to visitors, users, and others who reside or are located in the United Kingdom and/or the European Economic Area (“EEA”). We adopted this Policy to comply with European privacy laws, including the General Data Protection Regulation (“GDPR”) and the UK GDPR. Any terms defined in the GDPR have the same meaning when used in this Section.

Under applicable law, we are considered a “processor” of Personal Information we handle for our Clients. For our employees and job applicants, we are considered the “data controller.”  If you are a resident of or located within the UK or EEA, you have certain data protection rights. These rights include:

• The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Information by contacting us at the contact information below.
• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
• The right to object. You have the right to object to our processing of your Personal Information.
• The right of restriction. You have the right to request that we restrict the processing of your Personal Information.
• The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable, and commonly used format.
• The right to withdraw consent. You also have the right to withdraw your consent at any time where Vcheck Global relied on your consent to process your Personal Information.

16. Your Additional Data Protection Rights Under the Lei Geral de Proteção de Dados (LGPD)

If you are located in the national territory of Brazil, you have certain additional data protection rights under the Lei Geral de Proteção de Dados (“LGPD”). These rights include:

• The right to confirmation of the existence of the processing;
• The right to access the data;
• The right to correct incomplete, inaccurate or out-of-date data;
• The right to anonymize, block, or delete unnecessary or excessive data or data that is not being processed in compliance with the LGPD;
• The right to the portability of data to another service or product provider, by means of an express request;
• The right to delete personal data processed with the consent of the data subject;
• The right to information about public and private entities with which the controller has shared data;
• The right to information about the possibility of denying consent and the consequences of such denial; and
• The right to revoke consent.

17. Your California Privacy Rights

This section of the Privacy Policy applies solely to California residents. We adopt this Policy to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act (“CPRA”).  Any terms defined in the CCPA have the same meaning when used in this Section.

California residents have the following rights:

• The right to know what personal information is being collected about you;
• The right to know whether your personal information is sold or disclosed and to whom;
• The right to access your personal information;
• The right to request correction of any inaccurate Personal Information that we maintain about you;
• The right, in certain circumstances, to delete the information you have provided to us;
• The right to opt out of the sale of personal information;
• The right to limit the use of your Sensitive Personal Information, except for such information that is collected or processed without the purpose of inferring characteristics about you; and
• The right not to be discriminated against, even if you exercise your privacy rights.

20. Changes in Privacy Policy

We may elect to change or amend our Privacy Policy; in such event, we will post the policy changes in our Privacy Policy on the Platform, and they will become effective on the date posted. If you are concerned about how your personal information is used, please visit this Site often for this and other important announcements and updates.

21. Contact Us

If you have any questions about this Privacy Policy, please contact us as follows:

• Email Address: [email protected]
• Telephone Number: 1 (888) 740-0747
• Website: https://vcheckglobal.com

Our privacy documents (Privacy Policy, Cookie Notice, and Sharing Preferences) explain how we collect and protect your data.

Welcome to Vcheck Global.  You have reached a website that is owned and operated by Vcheck Global, LLC, and/or its affiliates, related entities, partners, divisions, subsidiaries or its parent companies (collectively, “Vcheck Global,” “we,” “us” or “our”). Please review this page carefully. These Terms and Conditions (“Terms”) constitute a legal contract between you and Vcheck Global and set forth the terms and conditions under which you are authorized to use our services, the https://vcheckglobal.com website and its subdomains (collectively, the “Website” or “Site”), and our software applications, and all portals, products, goods, services, events, and interactive features, or other services controlled by us that post a link to these Terms (collectively, the “Platform”). By using the Platform, you agree to be bound by and comply with these Terms. We may change these Terms or modify any features of the Platform at any time. The most current version of the Terms can be viewed by clicking on the “Terms and Conditions” link posted through the Website. You accept any changes to the Terms by continuing to use the Platform after we post the changes. If you do not agree to the Terms, do not use our Platform.

All references to “you” or “your” in these Terms mean the person that registers for, accesses, or uses the Site or the Platform. If you use or access the Platform on behalf of a company or organization, such company or organization will also be considered a party to these Terms, and “you” and “your” refers to that company or organization as well. Our Platform is not intended for those under the age of 18 – if you access our Platform, you represent and warrant that you are at least 18 years of age.

Please note that these Terms contain an arbitration provision and waiver of class action and jury trial at Section 16 below.

1. Privacy Policy and Other Guidelines

Our Privacy Policy is incorporated into these Terms by reference, and constitutes a part of these Terms. By using the Platform, you indicate that you understand and consent to the collection, use and disclosure of your information as described in our Privacy Policy. To the extent that additional rules and guidelines affect your use of the Platform, those rules and guidelines are hereby incorporated by reference into these Terms.

2. Third Party Links and Content

We provide our services expressly at the direction of and on behalf of our clients (our “Clients”), and may use third party service providers in order to provide features or services.  In the course of providing our services, the Platform may contain links to third-party content that take you outside of the Platform (“Linked Sites”), including but not limited to service providers or social media sites.  We do not control, endorse, sponsor, recommend or otherwise accept responsibility for such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You acknowledge and agree that we are not responsible for these parties’ use of information you provide them.  You further acknowledge that any reliance on representations and warranties provided by any party other than Vcheck Global will be at your own risk.  In addition, your use of our Clients’ websites and services will subject you to the terms of use and privacy policies posted on each site or service, and we encourage you to review those agreements before using those sites and services. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgements, costs or expenses of any nature or kind incurred as a result of your dealings with third parties or as the result of the presence of such third parties on the Site, and you agree to indemnify us from and against any claims incurred as the result of any such dealings.

3. Additional Terms and Conditions

In connection with your use of the Platform, you may occasionally be asked to consent to policies or terms and conditions in addition to these Terms. Please read any supplemental policies and terms carefully before making any use of such portions of the Platform. Any supplemental terms will not vary or replace these Terms regarding any use of the Platform unless otherwise expressly stated.  To the extent that additional rules and guidelines affect your use of the Platform, those rules and guidelines are incorporated by reference into these Terms.

4. Consent

Vcheck Global’s Clients are responsible for obtaining any applicable consent from data subjects under relevant law, including the consent necessary for us to initiate communication, and for their processing of any Personal Information (as defined in the Privacy Policy). Vcheck Global may process the information and provide additional tools to collect or withdraw consents from users via an opt-in/opt-out process, a voice responses, electronic response, or other appropriate methods. Notwithstanding these options provided by Vcheck Global, Vcheck Global’s Clients, as the controllers of the data, remain wholly responsible for obtaining all applicable consents and giving effect to users’ choices. Please review our Privacy Policy for more information on how Vcheck Global may process Personal Information and your choices related to that information.

5. Consent to Electronic Communications

By using the Platform, you agree that Vcheck Global may communicate with you electronically regarding your use of the Platform and that any notices, agreements, disclosures or other communications that Vcheck Global sends to you electronically will satisfy any legal communication requirements, including any requirement that the communications be in writing. To withdraw your consent from receiving electronic notices, please notify us at [email protected].

6. Prohibited Conduct

You may not access or use, or attempt to access or use, the Platform to take any action that could harm us or any third party, interfere with the operation of the Platform, or in a manner that violates any law(s). For example, and without limitation, you may not:

• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
• Engage in unauthorized spidering, scraping or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
• Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Platform;
• Collect or store personal data about other users of the Platform or solicit personal information from any individual without proper rights or the consent of the individual;
• Use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity conducted on the Platform or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
• Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt or otherwise alter or interfere with (or attempt, encourage or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Platform. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
• Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• Upload or otherwise transmit any communication, software or material that contains a virus or is otherwise harmful to Vcheck Global’s or its users’ computers or systems;
• Send or cause to be sent any communication (including email) to other users without their consent (e.g., “mailbombs” or “spamming”);
• Violate, or encourage any conduct that would violate, any applicable law or regulation;
• Engage in fraud or misuse of the Platform or our services;
• Cause damage, embarrassment or adverse publicity to Vcheck Global; or
• Engage in any other conduct that restricts or inhibits any person from using or enjoying the Platform or that, in our sole judgment, exposes us or any of our users, affiliates or any other third party to any liability, damages or detriment of any type.

Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Platform for any or no reason at any time without notice.

7. Account Creation

To access and use the Platform, we may require you to first register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete. If you create an Account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account. We therefore urge you not to share your Account credentials with anyone. We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Site or the Platform at any time and for any or no reason. Vcheck Global will not be liable to you or any third party for any termination of your access to the Site. If your status as a user of the Platform is terminated, you will (i) stop using the Platform and any information obtained from the Platform, and (ii) destroy all copies of your account information, password and any information obtained from the Platform.

8. Use of Account; Risk of Loss

Vcheck Global reserves the right to refuse service, cancel product or service orders, terminate accounts, or remove or edit content, in its sole discretion. If you use a Vcheck Global account, you agree, represent and warrant that you will provide us with true, current, complete and accurate information in connection with your use of the Site and the Platform. You also represent that you are using your account for a lawful purpose – you may not use your account or the Site or Platform for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability. You also agree to notify us immediately of any unauthorized access to or use of your account.

You agree not to access the Site or the Platform by any means other than through a commercially available web browser. You are not permitted to upload material onto the Site that you should know or do know infringes on the intellectual property rights of others, and you may not upload material that places unnecessary load so as to affect the performance of the Site, or Vcheck Global’s systems and equipment. You may not use the Site or the Platform in a manner that could block access to, impair, damage or otherwise disable Vcheck Global or any of our servers. You may not attempt to gain unauthorized access to the Site or to any other user’s accounts, computer systems, or networks through password mining, keystroke logging, hacking, or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable federal, state, and international laws.

9. Submitted Materials

Please note that the transmission of confidential, sensitive, privileged and/or financial information via email is not secure. Any confidential or personal information requested by Vcheck Global should be submitted securely, via a file transfer protocol (FTP) or similar secure application. If you have any concerns about the transmission of such information, please contact our office by phone for further instructions.

Unless specifically requested, Vcheck Global does not wish to receive any confidential, proprietary, or trade secret from you via the Platform (including via contact email or forms made available on the Platform). You remain fully responsible for the materials that you provide to us, including, without limitation, information, requests, creative works, pictures, photographs, letters, documents, demos, ideas, suggestions, reviews, concepts, methods, systems, designs, plans, techniques or other materials submitted, posted, uploaded, sent or otherwise transmitted to us through this Site, or the Platform, or via our social media (“Submitted Material”). If you send Vcheck Global any Submitted Material, you grant Vcheck Global a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) such Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send Vcheck Global any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that you the Submitted Materials is owned entirely by you and that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Vcheck Global to use the Submitted Material as permitted by the license in this Section.

In addition to the rights applicable to any Submitted Material, when you post comments or reviews to our Platform or via mentions in social media, you also grant us the right to use the name, username, or profile that you submit with any comment, review, or other content, in connection with the comment, review or other content. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments or other content. We may, but shall not be obligated to, remove or edit any Submitted Material for any reason.

You agree not to provide Submitted Material that:

• Infringes on the copyright, trademark, patent or other intellectual property right of any third party;
• Is false, misleading, libelous, defamatory, obscene, abusive, hateful or sexually explicit;
• Violates a third party’s right to privacy or publicity;
• Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
• Contains epithets or other language or material intended to intimidate or incite violence;
• Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;
• Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity; or
• Violates any applicable local, state, national or international law, or advocates illegal activity.

Since Vcheck Global does not control the Submitted Material posted on the Platform, we do not guarantee the truthfulness, integrity, suitability, or quality of the Submitted Material, and we do not endorse such Submitted Material. We are not obligated to use your Submitted Material and may delete, modify, reuse, move or remove any Submitted Material at any time. We do not guarantee any confidentiality with respect to any Submitted Material. Under no circumstances will Vcheck Global be liable in any way for Submitted Material made available through the Platform by you or any third party.

The obligations that you have to us under these Terms shall survive termination of the Platform, any use by you of the Platform, as well as any Submitted Material uploaded or sent through the Platform, or the termination of these Terms.

10. Intellectual Property

This Platform contains content that is protected under the copyright, trademark and other intellectual property laws of the United States and other countries (“Content”) and these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or elsewhere indicated on the Website, all intellectual property rights in the Content are owned by us or our third-party licensors to the full extent permitted under United States and international intellectual property laws, including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel,” and arrangement of the Content. All trademarks displayed on our Platform are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, any use of trademarks or inks to the websites of third parties is not intended to imply that those third parties endorse or have any affiliation with Vcheck Global.

Your use of this Platform shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable intellectual property laws. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provided that you maintain any notices contained in the Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines or other proprietary rights notices. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify or otherwise exploit any part of the Platform, including the Vcheck Global name and logo, without our prior written consent. You may provide a link to the top page of the Website unless and until Vcheck Global gives notice that you must discontinue linking to the Website. You may not store electronically any significant portion of Content from this Platform. The use of Content from this Platform on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without our prior written approval.

For permission to use Content from the Platform or from marketing material authored and distributed by Vcheck Global, you must request written permission in advance and provide full attribution. Permission should be requested by contacting [email protected]

11. Claims of Infringement

Vcheck Global respects the intellectual property of others and requires that you do the same. In the event that you find content posted on our Platform that you believe infringes the copyright ownership or other intellectual property rights of you, your company, or any third party, you are requested to immediately contact Vcheck Global’s Copyright Agent as described below, in accordance with the Digital Millennium Copyright Act (“DMCA”). Vcheck Global will promptly respond to notices of alleged copyright infringement that are duly reported and Vcheck Global will disable and/or remove access to the website for users who are repeat infringers. To report alleged infringement, please provide Vcheck Global’s Copyright Agent the following information:

DMCA Notice of Alleged Infringement (“Notice”)

• Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
• Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
• Provide your mailing address, telephone number and, if available, email address.
• Include both of the following statements in the body of the Notice:
• “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
• “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
• Provide your full legal name and your electronic or physical signature.
• Deliver this Notice, with all items completed, to the Vcheck Global Copyright Agent:

Copyright Agent
Vcheck Global LLC
104 W. 40^th Street, Suites 400 and 500
New York, NY  10018
United States

Email Address: [email protected], subject line “DMCA Notice”

While Vcheck Global considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

12. Indemnification

You agree to defend, indemnify, and hold harmless Vcheck Global, its partners, related entities, divisions, subsidiaries, or parent companies, its officers, directors, affiliates, agents and employees, from and against any claims, losses, damages, fines, penalties or other liabilities, including reasonable attorney’s fees and costs, in any way associate with (i) your use of the and access to the Site or the Platform; (ii) your actual or alleged violation of any of these Terms; and/or (iii) your violation of any third party right, including any copyright, trademark, trade secret, or publicity or privacy right related to your Submitted Material or any use of the Site or the Platform, or any other use of the Platform using your computer, mobile device, or account credentials.

13. Disclaimer of Warranties

YOUR USE OF THE SITE AND PLATFORM IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE PLATFORM OR THE INFORMATION, MATERIALS, GOODS OR SERVICES APPEARING OR OFFERED ON THE PLATFORM, ALL OF WHICH ARE PROVIDED “AS IS.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (1) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (3) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE PLATFORM; (4) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY VCHECK GLOBAL; (5) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY VCHECK GLOBAL OR ANY THIRD PARTY; AND (6) WARRANTY OF TITLE. FURTHER, VCHECK GLOBAL DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, (1) THAT THE PLATFORM OR ANY EMAIL WE SEND YOU IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF OR BROWSING ON THE PLATFORM OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE PLATFORM; OR (2) THAT THE PLATFORM, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE OR UNINTERRUPTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  HOWEVER, IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

14. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL VCHECK GLOBAL (OR ITS PARTNERS, RELATED ENTITIES, DIVISIONS, SUBSIDIARIES, PARENT COMPANIES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, EMPLOYEES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PLATFORM) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES AND LOST PROFITS, ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE PLATFORM, PLATFORM CONTENT, USER CONTENT OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF VCHECK GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL VCHECK GLOBAL’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE PLATFORM, THE WEBSITE, THE APPS, OR THE SERVICES (WHETHER IN CONTRACT, TORT, NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY A CLIENT FOR VCHECK GLOBAL’S SERVICES IN THE TWELVE (12) MONTHS PRECEDING ANY CLAIM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, VCHECK GLOBAL’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VCHECK GLOBAL DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISFIED WITH THE SITE OR THE PLATFORM, YOUR SOLE REMEDY IS TO STOP USING THE SITE AND THE PLATFORM.

15. Applicable Law; Jurisdiction

These Terms are governed by, and must be construed in accordance with, the laws of the United States and the State of New York, as applicable, without resort to any conflict of laws provisions. By using the Platform, you waive any claims that may arise under the laws of other countries or territories.

16. Dispute Resolution; Class Action and Jury Trial Waiver

With respect to any and all disputes arising out of or in connection with the Platform or these Terms (including, without limitation, the Privacy Policy), Vcheck Global and you agree to first negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and Vcheck Global do not resolve any dispute by informal negotiation within 60 days, then either of the parties may, by notice to the other, demand mediation under the supervision of JAMS (“JAMS”) in New York, New York. If settlement is not reached within 90 days after service of a written demand for mediation (which time can be extended with the agreement of both parties in writing), any unresolved controversy or claim will be resolved by initiating binding arbitration in accordance with the rules of JAMS before a single arbitrator in New York, New York. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed, and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.  Both you and Vcheck Global understand that you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor Vcheck Global will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding, regardless of any statute or law to the contrary. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.

You agree that Vcheck Global is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision, and you and Vcheck Global understand that you are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.  Any disputes that are not handled by arbitration shall be filed only in the state and federal courts located in New York, New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

17. Access Outside the United States

If you are visiting the Platform from a location outside of the United States, be advised that your information may be transferred from your location through and to servers located in the United States or elsewhere. The data protection laws in the United States and in other countries may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Platform or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information in the United States and in other countries. Please see our Privacy Policy for more information.

18. Miscellaneous

You agree and understand that these Terms, together with any other applicable contracts or click-through agreements you may have entered into regarding our Platform or our services, constitutes the entire agreement between Vcheck Global and you regarding your use of the Platform, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment or agency relationship exists between you and Vcheck Global as a result of these Terms or your access to and use of the Platform. You may not assign any rights granted to you or delegate any of your duties hereunder, and any attempt to do so is void and of no effect. You agree, however, that Vcheck Global may assign its rights and delegate its duties under this Agreement in its entirety, and that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by us with respect to such use.

19. Contact Us

If you have any questions about the Terms, please feel free to contact us at:

Email Address: [email protected]

Telephone Number: 1 (888) 740-0747

Website: https://vcheckglobal.com