Identity Verification Terms of Use

Last Updated November 3, 2025

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1.      RESTRICTED LICENSE. Locance hereby grants to Customer a restricted license to use the Locance Identity Verification Services (the “IV Services”) and any data contained therein, subject to the restrictions and limitations set forth below:

1. Generally. Locance hereby grants to Customer a restricted license to use the IV Services solely for Customer’s own internal business purposes. Customer represents and warrants that all of Customer’s use of the IV Services shall be for only legitimate business purposes, including those specified by Customer in connection with a specific information request, relating to its business and as otherwise governed by the Agreement. Customer shall not use the IV Services for marketing purposes or resell or broker the IV Services to any third party and shall not use the IV Services for personal (non-business) purposes. Customer shall not use the IV Services to provide data processing services to third-parties or evaluate the data of or for third-parties. Customer agrees that if Locance determines or reasonably suspects that continued provision of IV Services to Customer entails a potential security risk, or that Customer is engaging in marketing activities, reselling, brokering or processing or evaluating the data of or for third-parties, or using the IV Services for personal (non-business) purposes or using the IV Services’ information, programs, computer applications, or data, or is otherwise violating any provision of this Agreement, or any of the laws, regulations, or rules described herein, Locance may take immediate action, including, without limitation, terminating the delivery of, and the license to use, the IV Services. Customer shall not access the IV Services from Internet Protocol addresses located outside of the United States and its territories without Locance’s prior written approval. Customer may not use the IV Services to create a competing product. Customer shall comply with all laws, regulations and rules which govern the use of the IV Services and information provided therein. Locance may at any time mask or cease to provide Customer access to any IV Services or portions thereof which Locance may deem, in Locance’s sole discretion, to be sensitive or restricted information.
2. GLBA Data. Some of the information contained in the IV Services is “nonpublic personal information,” as defined in the Gramm-Leach-Bliley Act (15 U.S.C. § 6801, et seq.) and related state laws, (collectively, the “GLBA”), and is regulated by the GLBA (“GLBA Data”). Customer shall not obtain and/or use GLBA Data through the IV Services, in any manner that would violate the GLBA, or any similar state or local laws, regulations and rules. Customer acknowledges and agrees that it may be required to certify its permissible use of GLBA Data falling within an exception set forth in the GLBA at the time it requests information in connection with certain IV Services and will recertify upon request by Locance. Customer certifies with respect to GLBA Data received through the IV Services that it complies with the Interagency Standards for Safeguarding Customer Information issued pursuant to the GLBA.
3. DPPA Data. Some of the information contained in the IV Services is “personal information,” as defined in the Drivers Privacy Protection Act (18 U.S.C. § 2721, et seq.) and related state laws, (collectively, the “DPPA”), and is regulated by the DPPA (“DPPA Data”). Customer shall not obtain and/or use DPPA Data through the IV Services in any manner that would violate the DPPA. Customer acknowledges and agrees that it may be required to certify its permissible use of DPPA Data at the time it requests information in connection with certain IV Services and will recertify upon request by Locance.
4. Social Security and Driver’s License Numbers. Locance may in its sole discretion permit Customer to access full social security numbers (nine (9) digits) and driver’s license numbers (collectively, “QA Data”). If Customer is authorized by Locance to receive QA Data, and Customer obtains QA Data through the IV Services, Customer certifies it will not use the QA Data for any purpose other than as expressly authorized by Locance policies, the terms and conditions herein, and applicable laws and regulations. In addition to the restrictions on distribution otherwise set forth in Paragraph 2 below, Customer agrees that it will not permit QA Data obtained through the IV Services to be used by an employee or contractor that is not an Authorized User with an Authorized Use. Customer agrees it will certify, in writing, its uses for QA Data and recertify upon request by Locance. Customer may not, to the extent permitted by the terms of this Agreement, transfer QA Data via email or ftp without Locance’s prior written consent. However, Customer shall be permitted to transfer such information so long as: 1) a secured method (for example, sftp) is used, 2) transfer is not to any third-party, and 3) such transfer is limited to such use as permitted under this Agreement. Locance may at any time and for any or no reason cease to provide or limit the provision of QA Data to Customer.
5. National Change of Address Database. Locance is a licensee of the United States Postal Service’s NCOALINK database (“NCOA Database”). The information contained in the NCOA Database is regulated by the Privacy Act of 1974 and may be used only to provide a mailing list correction service for lists that will be used for preparation of mailings. If Customer receives all or a portion of the NCOA Database through the IV Services, Customer hereby certifies to Locance that it will not use such information for any other purpose. Prior to obtaining or using information from the NCOA Database, Customer agrees to complete, execute and submit to Locance the NCOA Processing Acknowledgement Form.
6. Fair Credit Reporting Act. The IV Services provided pursuant to this Agreement are not provided by “consumer reporting agencies,” as that term is defined in the Fair Credit Reporting Act, (15 U.S.C. §1681, et seq.), (the “FCRA”), and do not constitute “consumer reports” as that term is defined in the FCRA. Accordingly, the IV Services may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or another purpose in connection with which a consumer report may be used under the FCRA. Further, (A) Customer certifies that it will not use any of the information it receives through the IV Services to determine, in whole or in part an individual’s eligibility for any of the following products, services or transactions: (1) credit or insurance to be used primarily for personal, family or household purposes; (2) employment purposes; (3) a license or other benefit granted by a government agency; or (4) any other product, service or transaction in connection with which a consumer report may be used under the FCRA or any similar state statute, including without limitation apartment rental, check-cashing, or the opening of a deposit or transaction account; (B) by way of clarification, without limiting the foregoing, Customer may use, except as otherwise prohibited or limited by this Agreement, information received through the IV Services for the following purposes: (1) to verify or authenticate an individual’s identity; (2) to prevent or detect fraud or other unlawful activity; (3) to locate an individual; (4) to review the status of a legal proceeding; (5) to collect a debt, provided that such debt collection does not constitute in whole or in part, a determination of an individual consumer’s eligibility for credit or insurance to be used primarily for personal, family or household purposes; or (6) to determine whether to buy or sell consumer debt or a portfolio of consumer debt in a commercial secondary market transaction, provided that such determination does not constitute in whole or in part, a determination of an individual consumer’s eligibility for credit or insurance to be used primarily for personal, family or household purposes; (C) specifically, if Customer is using the IV Services in connection with collection of a consumer debt on its own behalf, or on behalf of a third-party, Customer shall not use the IV Services: (1) to revoke consumer credit; (2) to accelerate, set or change repayment terms; or (3) for the purpose of determining a consumer’s eligibility for any repayment plan; provided, however, that Customer may, consistent with the certification and limitations set forth in this section (vi), use the IV Services for identifying, locating, or contacting a consumer in connection with the collection of a consumer’s debt or for prioritizing collection activities; and (D) Customer shall not use any of the information it receives through the IV Services to take any “adverse action,” as that term is defined in the FCRA.
7. MVR Data. If Customer is permitted to access Motor Vehicle Records (“MVR Data”) from Locance, without in any way limiting Customer’s obligations to comply with all state and federal laws governing use of MVR Data, the following specific restrictions apply and are subject to change:
   • Customer shall not use any MVR Data provided by Locance, or portions of information contained therein, to create or update a file that Customer uses to develop its own source of driving history information.
   • As requested by Locance, Customer shall complete any state forms that Locance is legally or contractually bound to obtain from Customer before providing Customer with MVR Data.
   • Locance (and certain Third-Party vendors) may conduct reasonable and periodic audits of Customer’s use of MVR Data. Further, in response to any audit, Customer must be able to substantiate the reason for each MVR Data order.
8. American Board of Medical Specialties (“ABMS”) Data. If Customer is permitted to access ABMS Data from Locance, Customer shall not use , nor permit others to use, ABMS Data for purposes of determining, monitoring, tracking, profiling or evaluating in any manner the patterns or frequency of physicians’ prescriptions or medications, pharmaceuticals, controlled substances, or medical devices for use by their patients.
9. HIPAA. Customer represents and warrants that Customer will not provide Locance with any Protected Health Information (as that term is defined in 45 C.F.R. Sec. 160.103) or with Electronic Health Records or Patient Health Records (as those terms are defined in 42 U.S.C. Sec. 17921(5), and 42 U.S.C. Sec. 17921(11), respectively) or with information from such records without the execution of a separate agreement between the parties.
10. Retention of Records. For uses of GLB Data, DPPA Data and MVR Data, as described in Sections 1(ii), 1(iii) and 1(vii), Customer shall maintain for a period of five (5) years a complete and accurate record (including consumer identity, purpose and, if applicable, consumer authorization) pertaining to every access to such data in addition to the consent record retention requirements in paragraph 4 of the Provider Terms and Conditions (https://www.locance.com/terms/provider-terms).
11. Economic Sanctions Laws. Customer acknowledges that Locance is subject to economic sanctions laws, including but not limited to those enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the European Union, and the United Kingdom. Accordingly, Customer shall comply with all economic sanctions laws of the United States, the European Union, and the United Kingdom. Customer shall not provide access to IV Services to any individuals identified on OFAC’s list of Specially Designated Nationals, the UK’s HM Treasury’s Consolidated List of Sanctions Targets, or the EU’s Consolidated List of Persons, Groups, and Entities Subject to EU Financial Sanctions. Customer shall not take any action which would place Locance in a position of non-compliance with any such economic sanctions laws.

2.      SECURITY. Customer acknowledges that the information available through the IV Services may include personally identifiable information and it is Customer’s obligation to keep all such accessed information confidential and secure. Accordingly, Customer shall (a) restrict access to IV Services to those employees who have a need to know as part of their official duties; (b) ensure that none of its employees shall (i) obtain and/or use any information from the IV Services for personal reasons, or (ii) transfer any information received through the IV Services to any party except as permitted hereunder; (c) keep all user identification numbers, and related passwords, or other security measures (collectively, “User IDs”) confidential and prohibit the sharing of User IDs; (d) immediately deactivate the User ID of any employee who no longer has a need to know, or for terminated employees on or prior to the date of termination; (e) in addition to any obligations under Paragraph 1, take all commercially reasonable measures to prevent unauthorized access to, or use of, the IV Services or data received therefrom, whether the same is in electronic form or hard copy, by any person or entity; (f) maintain and enforce data destruction procedures to protect the security and confidentiality of all information obtained through IV Services as it is being disposed; (g) unless otherwise required by law, purge all information received through the IV Services and stored electronically or on hard copy by Customer within ninety (90) days of initial receipt; (h) be capable of receiving the IV Services where the same are provided utilizing “secure socket layer,” or such other means of secure transmission as is deemed reasonable by Locance; (i) not access and/or use the IV Services via mechanical, programmatic, robotic, scripted or other automated search means, other than through batch or machine-to-machine applications approved by Locance; and (j) take all steps to protect their networks and computer environments, or those used to access the IV Services, from compromise. Customer agrees that on at least a quarterly basis it will review searches performed by its User IDs to ensure that such searches were performed for a legitimate business purpose and in compliance with all terms and conditions herein. Customer will implement policies and procedures to prevent unauthorized use of User IDs and the IV Services and will immediately notify Locance, in writing to the Locance if Customer suspects, has reason to believe or confirms that a User ID or the IV Services (or data derived directly or indirectly therefrom) is or has been lost, stolen, compromised, misused or used, accessed or acquired in an unauthorized manner or by any unauthorized person, or for any purpose other than legitimate business reasons. Customer shall remain solely liable for all costs associated therewith and shall further reimburse Locance for any expenses it incurs due to Customer’s failure to prevent such impermissible use or access of User IDs and/or the IV Services, or any actions required as a result thereof. Furthermore, in the event that the IV Services provided to the Customer include personally identifiable information (including, but not limited to, social security numbers, driver’s license numbers or dates of birth), the following shall apply: Customer acknowledges that, upon unauthorized acquisition or access of or to such personally identifiable information, including but not limited to that which is due to use by an unauthorized person or due to unauthorized use (a “Security Event”), Customer shall, in compliance with law, notify the individuals whose information was potentially accessed or acquired that a Security Event has occurred, and shall also notify any other parties (including but not limited to regulatory entities and credit reporting agencies) as may be required in Locance’s reasonable discretion. Customer agrees that such notification shall not reference Locance or the product through which the data was provided, nor shall Locance be otherwise identified or referenced in connection with the Security Event, without Locance’s express written consent. Customer shall be solely responsible for any other legal or regulatory obligations which may arise under applicable law in connection with such a Security Event and shall bear all costs associated with complying with legal and regulatory obligations in connection therewith. Customer shall remain solely liable for claims that may arise from a Security Event, including, but not limited to, costs for litigation (including attorneys’ fees), and reimbursement sought by individuals, including but not limited to, costs for credit monitoring or allegations of loss in connection with the Security Event, and to the extent that any claims are brought against Locance, shall indemnify Locance from such claims. Customer shall provide samples of all proposed materials to notify consumers and any third-parties, including regulatory entities, to Locance for review and approval prior to distribution. In the event of a Security Event, Locance may, in its sole discretion, take immediate action, including suspension or termination of Customer’s account, without further obligation or liability of any kind.

3.      WARRANTIES/LIMITATION OF LIABILITY. Neither Locance, nor its subsidiaries and affiliates, nor any third-party data provider (for purposes of indemnification, warranties, and limitations on liability, Locance, its subsidiaries and affiliates, and its data providers are hereby collectively referred to as “IV Service Provider”) shall be liable to Customer (or to any person claiming through Customer to whom Customer may have provided data from the IV Services) for any loss or injury arising out of or caused in whole or in part by IV Service Provider’s acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the IV Services. If, notwithstanding the foregoing, liability can be imposed on IV Service Provider, then Customer agrees that IV Service Provider’s aggregate liability for any and all losses or injuries arising out of any act or omission of IV Service Provider in connection with anything to be done or furnished under this Agreement, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed One Hundred Dollars ($100.00); and Customer covenants and promises that it will not sue IV Service Provider for an amount greater than such sum even if Customer and/or third parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against IV Service Provider. IV Service Provider does not make and hereby disclaims any warranty, express or implied with respect to the IV Services. IV Service Provider does not guarantee or warrant the correctness, completeness, merchantability, or fitness for a particular purpose of the IV Services or information provided therein. In no event shall IV Service Provider be liable for any indirect, incidental, or consequential damages, however arising, incurred by Customer from receipt or use of information delivered hereunder or the unavailability thereof. Due to the nature of public record information, the public records and commercially available data sources used in IV Services may contain errors. Source data is sometimes reported or entered inaccurately, processed poorly or incorrectly, and is generally not free from defect. IV Services are not the source of data, nor are they a comprehensive compilation of the data. Before relying on any data, it should be independently verified.

4.      INTELLECTUAL PROPERTY; CONFIDENTIALITY. Notwithstanding anything in this Agreement to the contrary, Locance or Locance’s data provider shall own Customer’s search inquiry data used to access the IV Services (in the past or future) and may use such data for any purpose consistent with applicable federal, state and local laws, rules and regulations. Confidential Information associated with the IV Services may include information which gives the Disclosing Party an advantage over competitors who do not have access to such information as well as all information that fits the definition of “trade secret” set forth in the Official Code of Georgia Annotated § 10-1-761(4).

5.      AUDIT. Customer understands and agrees that, in order to ensure compliance with the FCRA, GLBA, DPPA, other similar state or federal laws, regulations or rules, regulatory agency requirements, this Agreement, and Locance’s obligations under its contracts with its data providers and Locance’s internal policies, Locance may conduct periodic reviews of Customer’s use of the IV Services and may, upon reasonable notice, audit Customer’s records, processes and procedures related to Customer’s use, storage and disposal of IV Services and information received therefrom. Customer agrees to cooperate fully with any and all audits and to respond to any such audit inquiry within ten (10) business days, unless an expedited response is required. Violations discovered in any review and/or audit by Locance will be subject to immediate action including, but not limited to, suspension or termination of the license to use the IV Services, reactivation fees, legal action, and/or referral to federal or state regulatory agencies.

6.      CUSTOMER CHANGES/CREDIT REPORT. Customer acknowledges and understands that Locance will only allow Customer access to the IV Services if Customer’s credentials can be verified in accordance with Locance’s internal credentialing procedures. Customer shall notify Locance immediately of any changes to the information on Customer’s Application for the IV Services, and, if at any time Customer no longer meets Locance’s criteria for providing such service, Locance may terminate this Agreement. Customer is required to promptly notify Locance of a change in ownership of Customer’s company, any change in the name of Customer’s company, and/or any change in the physical address of Customer’s company.

7.      CHANGE IN AGREEMENT. By receipt of the IV Services, Customer agrees to, and shall comply with, changes to the Restricted License granted Customer in Paragraph 1 herein, changes in pricing, and changes to other provisions of this Agreement as Locance shall make from time to time by notice to Customer via e-mail, online “click wrap” amendments, facsimile, mail, invoice announcements, or other written notification. All e-mail notifications shall be sent to the individual named in the Customer Administrator Contact Information section, unless stated otherwise in this Agreement. Locance may, at any time, impose restrictions and/or prohibitions on the Customer’s use of the IV Services or certain data. Customer understands that such restrictions or changes in access may be the result of a modification in Locance policy, a modification of third-party agreements, a modification in industry standards, a Security Event or a change in law or regulation, or the interpretation thereof. Upon written notification by Locance of such restrictions, Customer agrees to comply with such restrictions.

8.      PUBLICITY. Customer will not name Locance or refer to its use of the IV Services in any press releases, advertisements, promotional or marketing materials, or make any other third-party disclosures regarding Locance or Customer’s use of the IV Services.

9.      PRIVACY AND SECURITY SAFEGUARDS. With respect to personally identifiable information regarding consumers that may be contained in the IV Services, the parties further agree Locance has adopted and that Customer (including its directors, officers, employees or agents) will comply with the privacy and security safeguards set forth in the terms located at https://www.locance.com/terms/provider-terms or Customer’s own comparable privacy and security principles, policies, or practices.