END USER TERMS OF USE

Dealer agrees to only use the IDV and Peps & Sanctions Products and/or services (collectively, the “Services” as such term is used in these End User Terms of Use) for their direct business and in a manner that complies with applicable laws, including Canadian federal and provincial laws.

Dealer agrees that it will not: (a) resell, transfer, distribute or otherwise give any third party access to the Services; (b) assert any intellectual property right claim or other interest in the Services; and (c) assign or otherwise transfer any of its rights to use the Services.

Dealer agrees that it will:

• obtain an individual’s consent to disclose their personal information to Equifax Canada Co. (“Equifax”) to use it to perform the Services, including keeping a record, before sending the individual’s personal information to Equifax;
• keep all information, data and documentation relating to the Services, including any account codes and passwords used to access the Services secure and confidential;
• securely destroy or delete received data when it no longer has a need to keep it;
• allow Provider to conduct an audit to confirm the Dealer’s compliance with these Terms of Use, in person, but no more than once in any year unless the Dealer is in breach of these Terms of Use; and by telephone or in writing at any time;
• provide the Provider with any relevant information and documents the Provider requests to respond to any question, investigation or audit by Equifax;
• give the Provider prompt notice of any change that occurs from time to time in the corporate/onboarding information it provided to Provider;
• comply with any changes made to these Terms of Use from time to time as a condition of its continued use of the Services.

Dealer acknowledges that:

• the Services are not guaranteed to be error-free or uninterrupted; and
• These End User Terms of Use may change from time to time to comply with applicable law.

Dealer consents to Equifax and the Provider each sharing any information about the Dealer’s use of the Services with the other, even if that information is otherwise protected under a written agreement between the Dealer and the Provider.

Additional Terms and Conditions Applicable to the Document Verification Services

Dealer acknowledges, covenants and agrees that:

• Provider may disclose, provide access to, transfer or otherwise make available to Equifax and Interac any information obtained from Dealer which is reasonably required for Equifax, Interac and/or Provider to investigate or resolve an actual or potential privacy, confidentiality, fraud incident, alleged fraud incident or any actual or reasonably suspected security incident (collectively, “Security Incident”).
• It will notify Provider within twenty-four (24) hours of discovering any Security Incident involving Dealer’s use of the Services.
• It will: (a) assist Provider, Equifax, Interac and Interac’s service partners in the management of any consequences arising from the Security Incident; (b) take all reasonable steps necessary to mitigate any damage or harm resulting from the Security Incident; and (c) take all appropriate steps to prevent the recurrence of the Security Incident and that it will notify Equifax of the steps taken.
• The Document Verification Services may include products and services of Interac Corp. or its affiliates; (ii) the Document Verification Services provided to Dealer is not intended to be used as the sole basis for any business decision, (iii) the accuracy and completeness of the Document Verification Services is not guaranteed by Provider, Equifax, Interac, Interac Corp. or its affiliates, and (iv) neither Equifax, Interac, Interac Corp. nor its affiliates will be liable for any errors, false statements or omissions in the Document Verification Services resulting from the documents and information provided to them by consumers, Provider, Dealer or any other third party.
• That the Document Verification Services is provided on a “as is, where is” basis, and that neither Provider, Equifax, Interac, Interac Corp. nor any of their respective affiliates make any representations, warranties or conditions of any kind regarding the Document Verification Services, whether express, implied, statutory or otherwise, including any implied warranties or conditions of accuracy, merchantable quality or fitness for a particular purpose, or that the Document Verification Services will be error free or that it will meet any Provider or Dealer requirements. Provider shall immediately suspend a Dealer’s access to the Document Verification Services if it determines that (i) the Dealer is in material breach of a material obligation set forth in its agreement with Provider, or (ii) the Dealer is not in compliance with applicable laws.

Additional Terms and Conditions Applicable to PEP and Sanctions Services

• Dealer agrees that it will not process or export PEP and Sanctions Services in violation of applicable laws or to a country subject to a Canadian or United States embargo.
• Dealer agrees that it will only use any reports, metrics, statistics, analytics which include any aggregated or de-identified data in connection with PEP and Sanctions Services for internal business purposes only.