1. WHO WE ARE AND WHAT THIS DOCUMENT DOES
We are Kroll Information Assurance, LLC (“Kroll”), of 55 E. 52nd Street, 17th Floor, New York, NY 10055 (Attn. General Counsel), and hereby license you to use:
- Kroll’s portal software (“Portal”) and any updates or supplements to it
- Related online or electronic documentation found in the Portal (“Documentation”)
- The services we provide to you through the Portal (“Services”)
Why you should read them
These terms tell you who we are, how we will provide Services to you, how you and we may change or end the Agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
The Services referred to herein mean any or all of the following as appropriate:
Consumer Identity Monitoring includes the monitoring of personal data, as provided by you, through internal and external systems and databases. Information subject to monitoring will trigger alerts to you for review (“Alerts”). The details of how information is searched and detected is proprietary of either Kroll or our partners or third-party data providers. You will have access to the Platform to view Alerts and manage your personal data accordingly.
Consumer Credit Monitoring includes the provision of credit data provided by one or more of these credit bureaus: Experian, Equifax or TransUnion. Credit information reported through the Platform by Kroll can take the form of one-time report(s) and score(s), or ongoing monitoring services that provide Alerts of any changes to credit data or scores. These services do not include, nor does Kroll provide, any credit repair or enhancement services.
Consumer Restoration and Consultation Support includes access to restoration and/or consultation services provided by fraud specialists. These specialists will provide assistance with questions about data returned through the Portal or Alerts that may indicate potential errors, fraudulent activity, and/or identity theft.
If you would like a more detailed overview of the Services we provide, please contact us using one of the contact methods found on our About Us page, linked in the footer of this page.
2. OUR AGREEMENT WITH YOU
How we will provide you with the Services.
We will provide you with access to Services through the use of our Platform, which presents Alerts, information, search results, and databases materials provided by Kroll or through Kroll’s relationships with third-party providers. You must agree to the Portal Terms of Use in order to access our Services. The Portal Terms of Use are expressly incorporated into the terms of this Agreement between us. Failure to agree to the Portal Terms of Use may result in our refusing to allow you access or withdrawing or suspending your access to the Services.
Written Instruction for applicable consumer identity and credit monitoring services:
You understand that by accepting this Agreement you are providing “written instructions” to our service provider, CSIdentity Corporation (“CSID”) and its employees, agents, subsidiaries, affiliates, contractors, third-party data and service providers, and all other credit reporting agencies under the Fair Credit Reporting Act, as amended (“FCRA”), including Experian, TransUnion, Equifax and affiliated entities, to access your credit files from each national credit reporting agency and to exchange information about you with each national credit reporting agency in order to verify your identity and to provide the Services to you. You agree and hereby authorize CSIdentity Corporation to provide your personally identifiable information (or, if applicable, information about any minor children you have enrolled) to third parties as provided in our Privacy Policy, as may be amended from time to time, in order to provide the Services to you (and to those children you have enrolled).You further authorize CSIdentity Corporation to obtain information and reports about you (or about any children you have enrolled, if applicable) in order to provide the Services, including, but not limited to, credit monitoring services, credit reporting, identity monitoring, address history reports, name and alias reports, or criminal reports and to provide monitoring and Alerts.
Disclosure of Personal Information to Third Parties
Kroll may share personal information collected from you with third parties as necessary to provide the Services you have requested.
In order for us to provide you with our Services, Kroll and/or its agents may share your personal data with its affiliated companies, with third-party service providers retained by Kroll to provide services on its behalf (such as call handling, administration, mailing services, account management, data hosting, marketing, analytics, identity monitoring, and customer service) or other providers with which you have a relationship (for instance, to discuss an issue you have with your account) or as required by law, legal process, and/or regulation.
If we cannot provide you with the Services.
It may not be possible to provide Services for any reason, including because we do not hold enough or accurate information about you, because of unexpected limits on our resources that we could not reasonably plan for, because we are unable to meet a performance deadline or unable to meet a specification you have instructed us to meet or for technical or security reasons.
We only offer our Services within the United States.
Our Services are solely for use by US residents (or permanent residents) in the United States of America (“US”). We do not provide our Services outside of the United States.
3. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
This Agreement refers to the following additional terms that also apply to your use of our Portal:
- Our Privacy Policy
- Our Terms of Use
- Our Cookies Policy, which sets our information about the cookies on our site
Services may vary slightly from their description
The description of the Services is for illustrative purposes only. Although we have made every effort to describe them, their scope and their purpose accurately, we cannot guarantee that the description accurately reflects the Services or that you will receive the Services exactly as described. We do not make any representation, warranty or guarantees that the Services are suitable for your specific needs.
Making sure the information you give to us is accurate
Because we are offering you the Services based on the information (including personal data) you have given us, you are responsible for ensuring that this information is correct, and you will continue to maintain it in an updated and accurate manner.
5. OUR RIGHT TO MAKE CHANGES TO THE SERVICES
Minor changes to the Services
We may change the Services:
- To reflect changes in relevant laws and regulatory requirements; and
- To implement minor technical adjustments and improvements, for example, to address a security threat.
Update to the Portal and changes to the Services
From time to time we may automatically update the Platform and change it to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
If you choose not to agree to the terms of any such updates, you will not be able to continue using the Platform.
6. PROVIDING THE SERVICES
When we will provide the Services
We will provide you with the Services as outlined in your service description until you or Kroll end the Agreement as described in the Termination of Relationship Section.
We are not responsible for delays outside our control
If our supply of the Services to you is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Agreement.
What will happen if you do not give required information to us
We may need certain information from you so that we can supply the Services to you in full or to the best of our ability. For example, we do require you to provide personal data as directed on our Platform. If you do not give us this information within a reasonable time of our request, or if you give us incomplete or incorrect information, we may end the Agreement (and the Termination of Relationship Section will apply). We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not providing the information we need.
7. TERMINATION OF RELATIONSHIP
Termination by You
If you want to terminate the Agreement, you may do so, for any reason, at any time, by cancelling your subscription(s) and/or closing your account(s).
Termination by Kroll
For Cause:
- We may terminate the Agreement if you have breached the Agreement or if you commit (or cause to be committed) negligence, fraud, willful misconduct or unlawful conduct arising from, in connection with or related to use of Kroll’s Services or Platform.
- If Kroll terminates the Agreement with you for cause, you will forfeit the remainder of your subscription.
For Convenience:
We may terminate the Agreement for convenience, for any reason permitted by law. In such case, Kroll will provide written notice of such termination, upon ninety (90) days’ prior written notice, where practicable.
Effect of Termination:
Provisions of the Agreement which by their nature are intended to survive termination of the Agreement shall survive termination of the Agreement.
8. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy. Additional consumer identity monitoring information collected about you may include the following:
Personal Information You Provide to Us or Our Service Providers
During the creation of our account on our Portal, or in order to provide the Services, we or our service providers may collect personal information about you, such as:
- Name, address, phone number, and e-mail address
- Date of birth, driver's license number, passport number, Social Security number and other similar information
- Copies of government-issued photo identification and/or utility bill(s), where applicable
- Credit card number and other financial account data such as your bank account details, your debit card details, your Medical ID number and store or loyalty card details
- Other personal information added for specific identity monitoring services as described in connection with the Services
- Your responses to security questions
- The information you provide in customer service contact or correspondence
- When you talk to us: for example, on the phone, or in person including call recordings and voice messages. We may monitor or record calls with you to verify we have carried out your instructions, to resolve queries or disputes, to improve the quality of our service or for regulatory or fraud prevention purposes.
- In writing: for example, letters, proposal forms, survey responses, e-mails, chat messages and texts.
Information that may be collected automatically including when you use our Services
- Transaction data: for example, when we deal with or manage your account;
- Electronically: for example, when you use our Portal;
- Usage and profile data: for example, from your use of our Portal. We gather this data using cookies and other software, which also helps us to fix bugs or crashes on the operating system or network.
9. FAIR CREDIT REPORTING ACT (“FCRA”)
FCRA allows people with a consumer credit file to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through our Platform are not intended to constitute the disclosure of information by a credit reporting agency as required by FCRA or similar laws.
Under FCRA, you are entitled to obtain an annual free disclosure of your credit report from each of the national credit reporting agencies. To request your free annual report under FCRA, you must complete an online form, available at http://www.annualcreditreport.com. You may also call a toll-free number at (877) 322-8228 or submit an annual credit report request form via mail (the form is available at http://www.annualcreditreport.com).
You are entitled to receive a free copy of your credit report from a credit reporting agency if:
- You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days, based on information in a credit report provided by such agency.
- You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days, based on information in a credit report provided by such agency.
- You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
- You certify in writing that you are a recipient of public welfare assistance.
- You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.
In addition, residents of certain states and Puerto Rico can request additional free copies of their credit reports each year. Please contact Equifax, Experian or TransUnion directly to obtain additional information.
FCRA provides that you may dispute inaccurate or incomplete information in your credit report. You are not required to purchase your credit report from any of the credit bureaus in order to dispute inaccurate or incomplete information in your report or to receive a copy of your report from Equifax, Experian or TransUnion (the three (3) national credit reporting agencies), or from any other credit reporting agency, based on the above-described circumstances.
It may be the policies of Equifax, Experian and/or TransUnion to provide a complimentary copy of the consumer credit report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your credit report directly from such agency, or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file, please contact those entities directly.
10. CHILDREN
Kroll does not knowingly collect information from children under the age of 13 (or applicable age of consent if higher in other countries) and does not target its websites to children under 13 (or applicable age of consent if higher in other countries). Kroll encourages parents and guardians to take an active role in their children's online activities and interests. If Kroll learns that a child under the age of 13 (or such legally required higher age) has submitted personal information online without parental consent, we will take all reasonable steps to delete such information from our databases and not to use such information for any purpose (except where necessary to protect the safety of the child or others as required or as allowed by law). If you become aware of any personal information we have collected from children under 13 (or such legally required higher age), please contact us at dp.privacy@kroll.com .
11. OTHER IMPORTANT TERMS
Entire Agreement.
This Agreement, including the Portal Terms of Use, constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
Rights and Remedies
The rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
Notices
Any notice of other communication given to us will only be valid if it is given in writing to the details set out for us in Section 1 of this Agreement or as we may otherwise notify you. You agree that any communication sent to you will be deemed to have been safely received if it is given to you in writing using the contact details, including e-mail, which you provide to us on our Platform or as you may otherwise notify us in writing.
Variation
Except as set out herein, no variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorized representatives).
End User Agreement Effective Date: May 28, 2021