Terms and Conditions of Use.

This site provides access to a web based address search service, which helps locate current addresses of individuals.

The use of this Berwyn Group, Inc. ("Berwyn Group") site is governed by terms and conditions stated here, and are considered to be part of your customer agreement. Please review and agree with these terms and conditions before utilizing the site.

The work that we perform on behalf of our customers requires that we access "non-public personal information files" - i.e. this service has access to confidential information. The information within these files is protected by the Gramm-Leach-Bliley Act and the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.).

Permissible Use of Confidential Information: As a part of our responsibilities under these statutes, we are required to document that we have made every reasonable effort to verify the permissible purpose, and permissible use.

Permissible purpose includes preventing fraud. Making certain that you have the correct address information on your files for your vested participants ensures that beneficiary checks are not cashed by unintended recipients. Further, correct address information also ensures that confidential information (social security numbers, account numbers, account balances, etc.) does not fall into the hands of someone who could use this information to defraud. Finally, providing missing correct addresses and personal information helps prevent wrongful claims against fund assets. Preventing fraud is the permissible purpose that we operate under on your behalf.

Consequently, we are required by law to make certain that the companies and individuals for whom we work and with whom we share this information have a legal right to access this data. Therefore, before accessing this service, you will be required to complete a registration form. As a condition of use of the services, the person named on the registration form must be authorized personnel of the organization. The Berwyn Group reserves the right to review and verify information provided in the registration form and make its decision to approve or reject access.

Permissible use includes the usual and customary functions that you as a fund administrator would do with this data: contacting your vested participants, updating your records, etc. Permissible use does not include using this data for marketing purposes, selling, or transferring this data to organizations (either external or internal to your company) for the purposes of marketing products or using the data for employment purposes.

You should note that because we are sharing "non-public personal information" with you and your organization, your organization is governed by the same statutes concerning the use of this data. It is imperative that you familiarize yourself with these statutes. Simply put, these statutes attempt to protect the privacy of individuals and to prevent the misuse of private information.

Many organizations such as yours have administrators (such as, benefits/accounting personnel, banks, and trustees) who may require access to this data. Most of them are familiar with their responsibilities under these statutes. However, it is essential that your agreements with these administrators make reference to the fact that the information you share with them (not only the information that we give you as a result of our work, but the non-public private information that you maintain on your participants) is also governed by certain privacy laws and that they will treat your participants data accordingly (not sell it, utilize it for marketing purposes, etc).

You will be required to indicate the ‘permissible use’ for the address search, which will help us and you meet our responsibilities under the privacy statutes. We will not be able to process any AddressCheckSM locator work until our records are updated with this information. We have made every effort to make this process as simple as possible.

Personal and Non-permissible Use: Under no circumstance will the service provided in this site be used for personal or non-permissible purposes. Furthermore, the data derived from this service cannot be transferred, published, transmitted, shared, sold, or used for any purpose other than the permissible use indicated when you start the search.

Ownership of Information / Data: The Berwyn Group will be using its proprietary software, and database resources to provide the necessary deliverables for this service. Search data provided to the Berwyn Group will be encrypted and stored for a period of six months. Search data will be available only to the account user that requested the initial search – in other words, every search episode is defined by the user ID requesting the search and this request data cannot be accessed by anyone else. The databases that the Berwyn Group owns, maintains and uses in the course of its normal business (not including data provided to the Berwyn Group by the customer) will remain the sole property of the Berwyn Group and the Berwyn Group will not assign its rights to its data base, methods, procedures or any other proprietary information to the customer by virtue of registering and utilizing the web based AddressCheck© locator services.

Privacy and Protection of Personal Information: Please review the Privacy Policy posted on this site to ascertain the measures adopted by the Berwyn Group to protect and secure personal identifiable information.

A user account ID and password will be established once the registration has been accepted. You will be responsible for the confidentiality and security of your account UserID and password. You are responsible to ensure that your User account is not used by others in your organization; and you will be responsible for all service requests made using your UserID and password. If you suspect or discover that the confidentiality of your user account information has been compromised, it is entirely your responsibility to immediately report this to the Berwyn Group as soon as you become aware of it.

Disclaimer: The Berwyn Group makes every effort to provide accurate, timely error-free results, and tests all data prior to updating its files. However, the Berwyn Group has no control over the content of the files that it receives from reporting agencies. Whenever a review of the data prior to implementation uncovers data issues in the source files, it can usually be resolved with the reporting agency when the reporting agency is made aware of the issue. Therefore, the Berwyn Group cannot guarantee that the address result it delivers is always accurate and current. It does maintain that it will provide the best information available, using its proprietary algorithms to make this determination.

Indemnification: The account holder and/or the organization he/she represents agrees to indemnify and hold harmless the Berwyn Group, its employees, site manager, legal representatives, independent contractors, and all related parties from any claim or loss, including legal fees and damages, filed by a third party resulting from the service user's negligence, conduct and inappropriate use of the information provided by this site's service.

Restricted Use: Company shall not use the data provided by The Berwyn Group ("Data") provided hereunder for any purpose that would violate the privacy obligation policy and any other terms and provisions of the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.). including the purpose of serving as a factor in establishing a consumer's eligibility for (a) credit or insurance to be used primarily for personal, family, or household purposes; (b) employment purposes; or (c) any other purpose authorized under the Fair Credit Reporting Act. Company shall abide by such legislation and rules and regulations as may be enacted or adopted after the date hereof.

Confidentiality: Company agrees that it shall not (a) use the data provided by the Berwyn Group ("Data") for any purpose other than communicating with its vested participants and beneficiaries, recordkeeping, and record maintenance (b) sell, sublicense, or resell the Data to any third party, (c) use the Data for any unlawful purpose, (d) use the Data for any purpose other than its own internal purposes, or (e) use the Data to identify or solicit potential customers for its products.

Site Policies, Modification, And Severability: We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

Revision Date: July 31, 2009

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