TrustedID Premier Transition Product Agreement and Terms of Use

December 12, 2019

THIS PRODUCT AGREEMENT AND TERMS OF USE ("AGREEMENT") APPLIES TO YOU IF YOU WERE OFFERED A PRODUCT AS A RESULT OF THE DISCONTINUANCE OF THE TRUSTEDID PREMIER PRODUCT. THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS UPON WHICH YOU MAY USE THE NEW PRODUCT OFFERED THROUGH THE WWW.EQUIFAX.COM WEBSITE (“SITE”). THIS AGREEMENT DOES NOT APPLY TO WWW.EQUIFAXSECURITY2017.COM,  WWW.TRUSTEDIDPREMIER.COM, OR WWW.TRUSTEDID.COM.   THIS AGREEMENT ALSO DOES NOT APPLY TO THE TRUSTEDID PREMIER PRODUCT, THE EQUIFAX LOCK & ALERT SERVICE LAUNCHED ON JANUARY 31, 2018, THE EQUIFAX CREDIT REPORT PRODUCT OFFERED TO FURLOUGHED GOVERNMENT EMPLOYEES LAUNCHED ON FEBRUARY 1, 2019, OR THE EQUIFAX CYBERSECURITY INCIDENT ANNOUNCED ON SEPTEMBER 7, 2017.  YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT, BEFORE YOU WILL BE PERMITTED TO USE THE PRODUCT FROM THIS SITE. BY USING THE PRODUCT, YOU ARE ACKNOWLEDGING ELECTRONIC RECEIPT OF, AND YOUR AGREEMENT TO BE BOUND BY, THIS AGREEMENT. YOU ALSO AGREE TO BE BOUND BY TAKING OTHER ACTIONS THAT INDICATE ACCEPTANCE OF THIS AGREEMENT, SUCH AS FAILING TO CANCEL THE PRODUCT OR FAILING TO OPT OUT OF RECEIVING THE PRODUCT AFTER BEING INFORMED OF THIS AGREEMENT.

MANY GOVERNMENT RECORDS ARE AVAILABLE FOR FREE OR AT A NOMINAL COST FROM CERTAIN GOVERNMENT AGENCIES. IN ADDITION, CONSUMER REPORTING AGENCIES ARE REQUIRED BY LAW TO GIVE YOU A COPY OF YOUR CONSUMER DISCLOSURE (SOMETIMES REFERRED TO AS A CREDIT REPORT) UPON REQUEST AT NO CHARGE OR FOR A NOMINAL FEE. NONE OF THE PRODUCTS OFFERED THROUGH THIS SITE ARE INTENDED AS A SUBSTITUTE FOR THE CONSUMER DISCLOSURE THAT MAY BE AVAILABLE TO YOU WITHOUT CHARGE. YOU SHOULD REVIEW THE PORTIONS OF THIS AGREEMENT ABOUT THE FAIR CREDIT REPORTING ACT (“FCRA”) OR VISIT WWW.ANNUALCREDITREPORT.COM FOR FURTHER DETAILS REGARDING YOUR RIGHT TO OBTAIN A COPY OF YOUR CONSUMER DISCLOSURE.

1. PROVIDERS OF PRODUCTS. The products and product features ("Product" or "Products") available via this Site are provided by Equifax Consumer Services LLC ("Equifax") or, in the case of the Automatic Fraud Alert feature ("AFA"), fulfilled by Equifax on behalf of Equifax Information Services LLC (“EIS”). We may also partner with other companies ("Suppliers") to provide Products to you. Equifax and its Suppliers are referred to in this Agreement as "We," "Us," and "Our." You, the person visiting and utilizing this Site, are referred to as "You", "Your" or the "Member".
2. PERSONAL INFORMATION; AUTHORIZATION. As needed to provide Products to You, You authorize and instruct Us to obtain, monitor, and compile Your: (i) credit information from one or more consumer reporting agencies; (ii) "non-public personal information", "personal information", and/or "highly restricted personal information" about or concerning You as defined by the Gramm-Leach-Bliley Act (15 U.S.C. sec 6801 et seq); and (iii) other personal information. By using the Products You acknowledge and agree that Your access to the Products and any consumer credit information contained therein is subject to Your prior written authorization and Our verification of Your identity. As such, You understand and agree that by using the Products, You are providing "written instructions" in accordance with the FCRA for Us to obtain credit information about You from one or more of the three nationwide consumer reporting agencies and You hereby authorize Us to access Your personal credit information in order to provide the Products.
3. USE OF PRODUCTS. You agree to abide by all of the terms and conditions concerning Your use of the Products. We provide the Products and related information solely to assist You in understanding Your financial and credit status for Your personal benefit and You agree that You will not use the Products for any other purpose, especially a commercial purpose. You must also establish a user identification ("User ID") and password, and You agree to keep them strictly confidential and not to share them with others.
4. YOUR RIGHT TO OBTAIN A CONSUMER DISCLOSURE FREE OF CHARGE. None of Our Products are intended to substitute, or constitute an offer for a consumer disclosure (sometimes referred to as a “credit report”) that may be available to You without cost or obligation under federal or state law. You should carefully review Your right to obtain a free copy of Your consumer disclosure once every twelve (12) months from each of the three nationwide consumer reporting agencies by visiting www.annualcreditreport.com.
5. TERM. Unless terminated earlier pursuant to the terms and conditions of this Agreement, Your Product access will continue for the period of time specified in prior email communications to You. Upon cancellation, termination, or expiration, You immediately lose access to all of Your credit data, analyses or similar information housed within the Site and all other Product benefits.
6. PRODUCT CANCELLATION. You may cancel Your Product at any time. To cancel Your Product, please contact our Customer Care Team from 8:00 a.m. to 3:00 a.m. Eastern Time seven days a week at 1-866-807-7461 or cancel in your online member center.
7. CHANGES TO PRODUCTS AND TERMS; TERMINATION. We may modify or discontinue any of Our Products or this Site (or any portion of Our Products or the Site) or cancel, suspend or terminate this Agreement for any reason with notice. If We modify a Product or discontinue a Product feature or features, Your only recourse is to cancel Your Product in accordance with Section 6 of this Agreement. We may amend this agreement from time-to-time. When We amend this agreement, We will post the amended Agreement on the Site. We will also send you an email alerting you that the Agreement has been amended. Your continued use of the Site or Products or failure to cancel the Products constitutes Your acceptance of the amended Agreement. If you do not accept the new Agreement, you must cancel your Product within 30 days of when we emailed you the notice. You also agree to an amended Agreement if you take other actions that demonstrate You have accepted the amended Agreement.
8. PRODUCTS VARY. Our Products do not all include the same features and benefits. Should You have any questions regarding Our Products, You should contact Our Customer Care Center at 1-866-807-7461.
9. ELECTRONIC AND TELEPHONIC COMMUNICATIONS. Unless otherwise noted, Our Products are internet-based and in order to access Our Products You must have: an internet browser that supports 128-bit encryption; an email account and appropriate email software; a personal computer, operating system and connection to the internet, or in the case of Our mobile Product features, a wireless device, software and connection to the internet capable of supporting the foregoing; and sufficient electronic storage capacity on Your computer's hard drive or other data storage unit or a printer that is capable of printing from Your browser and email software. As such, You understand and agree that this Agreement will be entered into electronically, and that the following information ("communications") will be provided by Us to You by electronic means: this Agreement and any amendments, modifications or supplements to it; any initial, periodic or other disclosures or notices provided in connection with the Products, including without limitation Our privacy policy, all regulatory disclosures, and all communications related to the Products. In furtherance of the foregoing, You expressly consent to receive all communications regarding Your Product electronically, either by e-mail or by notices posted on the Site and You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to You by Us in writing is satisfied by such electronic communication. In order to ensure Your continuing access to Your Product, You agree to update Your email address on file whenever Your e-mail address changes. You further agree that we may send You e-mails, including but not limited to notices about Your Product. You also expressly consent and agree to be contacted by Us or anyone acting on Our behalf for non-telemarketing purposes at any telephone number You provide to Us or we obtain for you, including wireless telephone numbers. You further agree that We may make this contact by using a predictive dialer or an automatic telephone dialing system, including sending text or mobile messages by such a system, and/or by using an artificial or prerecorded voice. You agree to notify Us promptly if a telephone number You provided to Us is no longer a number at which You may be reached (such as in the event of number reassignment or if you want to revoke your consent to be contacted by telephone). Please note that mobile messaging, text, and data rates may apply and You should consult with Your Carrier prior to enabling any mobile feature associated with Your Product. You may request a paper copy of any legally required notice, withdraw Your consent to receive communications electronically, or change Your email or postal address for receipt of communications, by calling Our Customer Care Team at 1-866-807-7461 or sending Your request by email to Customer.Care@equifax.com.
10. NO GUARANTEE OF PRODUCT AVAILABILITY. Because of the nature of Internet and online communications, this Site or the Products may not perform as intended despite Our efforts, those of Your Internet service provider, and You. We do not guarantee uninterrupted or error free operation of Your Product or this Site. From time-to-time, technical issues may also result in the unavailability of or disruption of certain Products or Product features. In addition, Your use of a Product that is excessive or in a manner not contemplated by this Agreement may also result in a Product not performing as intended despite Our efforts. We will use reasonable efforts to maintain operation of the Site and availability of the Products at all times. If there is a system error or other problem concerning Your Product, You agree to promptly notify Us of the same, We will try to correct the error, but You will not be entitled to any money for any system error of any type. Certain Product features within the Products may be provided by third parties or may be dependent on data provided by third parties. We may be unable to provide such Product features because the third party will no longer provide the Product features or data to us or will no longer provide the Product feature or data on terms that Equifax believes, in its sole discretion, to be commercially reasonable. Equifax will notify you if it is no longer able to offer a Product feature or certain data associated with a Product feature for these reasons. Equifax will not be liable for failure to provide all or part of a Product or Product feature for these reasons.
11. CREDIT MONITORING PRODUCTS AND PRODUCT FEATURES. When offered or included as part of Our Products, "Credit Monitoring" monitors Your consumer credit files maintained by one or more of the three nationwide consumer reporting agencies, depending on the type of Product You have purchased (e.g, single bureau monitoring, tri-bureau monitoring, etc.). In each case the credit file or files that are monitored on Your behalf are separately owned and/or maintained by one or more of the three nationwide consumer reporting agencies: EIS, TransUnion LLC, and Experian. In the case of all Products which feature Credit Monitoring, the Credit Monitoring You request and authorize monitors the credit file (or files in the case of tri-bureau Products) most closely identified with You based on identifying factors such as first, last, and middle name, date of birth, Social Security Number, and current and former addresses. Credit Monitoring will not advise You if an item of identifying information is contained in the credit file of another person and in no event will Credit Monitoring ever monitor, compare or cross-reference Your credit file(s) with the credit file(s) of another person, nor will it ever provide You with any information contained in another person's credit file(s).
    Your credit monitoring alerts from EIS will usually begin on the day you enroll in an applicable Product. If Your Product also includes credit monitoring from Transunion LLC and Experian, the credit monitoring of credit files at those consumer reporting agencies may take several days to begin.
12. IDENTITY THEFT INSURANCE. Certain Products include an identity theft insurance benefit for active Members. The insurance limits are different depending on the Product. These identity theft insurance benefits are provided under master group policies issued to Equifax for the benefit of its Members. The complete insurance policies are available from Us on request. The insurance provider administers all claims, and We shall have no responsibility with respect to such identity theft benefit. Please click here to view the policy summary of benefits for policies providing an aggregate limit of insurance of up to $25,000 and here to view a summary of benefits of the policies providing an aggregate limit of insurance of up to $1,000,000.
13. OWNERSHIP. This Site contains copyrighted material and any information that You retrieve is copyrighted by its owner. You may not remove, alter or cover any copyright or other proprietary notices placed on this site or on products or related materials acquired through this site. We, collectively or individually, retain ownership of all intellectual property rights in the Products and this Site, including without limitation any information, materials, text, graphics, images, logos, site design, and the selection, assembly, and arrangement of the Site ("content"). The content may not be copied, distributed, displayed, modified, reproduced, performed, published or reverse engineered in whole or in part without Our prior written permission.
14. QUESTIONS ABOUT YOUR CREDIT FILE OR SCORE. EIS is the nationwide consumer reporting agency that maintains the credit file used to provide the Products, except for any non-EIS credit files that may be used in Products (i.e., credit files maintained by one or more of the other two nationwide consumer reporting agencies). Any questions or disputes regarding the accuracy of any information in Your EIS Credit Report (also used in some other Products) must be directed to, and will be handled by, EIS. EIS IS REQUIRED BY LAW TO GIVE YOU A COPY OF YOUR CONSUMER DISCLOSURE (SOMETIMES REFERRED TO AS A CREDIT REPORT) UPON REQUEST, AT NO CHARGE OR FOR A NOMINAL FEE. IF YOU BELIEVE YOUR EIS CONSUMER DISCLOSURE CONTAINS INACCURATE OR INCOMPLETE INFORMATION, YOU MAY REQUEST, AT NO CHARGE TO YOU, THAT EIS RESEARCH THE INFORMATION CONTAINED IN YOUR EIS CONSUMER DISCLOSURE. Further, if You believe or suspect that You have been the victim of identity theft, You may request, at no charge to you, that EIS place an alert on Your EIS credit report. You do not have to purchase a Product in order to receive a copy of Your consumer disclosure from EIS or to dispute information contained in it, or to request that EIS place an alert on Your credit file. To dispute information or place an alert in Your credit file, You may contact EIS at the number on Your EIS consumer disclosure, or You may contact Us and we will transfer or direct you to the appropriate EIS representative. To obtain more information about Your rights, go to the Credit Education Page on Our Site and click on "Summary of FCRA Rights."
15. APPLICABLE LAW. This Agreement and its enforcement shall be governed by the laws of the state in which You most recently told Equifax You live according to Equifax’s records, without regard to conflict of law principles.
16. ENTIRE AGREEMENT BETWEEN US. This Agreement constitutes the entire agreement between You and Us regarding the Products and information contained on or acquired through this Site or provided by Us, including through other linked third party Internet sites. In the event that this Agreement shall be translated into any language other than English, then the English language version of the Agreement shall control. This Site may contain hyperlinks or other references to third party Internet sites that Equifax does not own or operate. You may be subject to additional terms and conditions that apply when You use third party Internet sites. You agree that You are responsible for reviewing and understanding any terms and conditions governing any third party Internet site and products and Equifax has no responsibility therefore. This Agreement takes effect on Your first use of this Site, and it applies to all persons accessing the Site from Your computer, and to all persons using Your User ID, password or PIN. The headings used in this Agreement are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms and conditions of use. You agree that this Agreement is not intended to and does not confer any rights on any persons other than Us and You and the third party beneficiaries referenced in this Section. If any provision of this Agreement is held invalid, unenforceable or void by applicable laws, the remaining portions shall continue in full force and effect. You may not assign this Agreement or the Product to someone else. Unless otherwise explicitly stated, the provisions contained in Sections 3 (Use of Products), 13 (Ownership),  15 (Applicable Law) and this Section 16 will survive termination of this Agreement and Your access to and use of the Products and the information contained on this Site or provided by Us. Suppliers are third party beneficiaries under this Agreement.