PersonaCheck Privacy Statement

PRIVACY STATEMENT
This privacy statement discloses the privacy practices for PersonaCheck.com.

Information Collection and Use
PersonaCheck.com, Inc. is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. PersonaCheck.com, Inc. collects information from our users at several different points on our website. This also applies to businesses that sign up under our affiliate program.

Joining
In order to use this website, a user must first complete the registration form. During registration a user is required to give their contact information (such as name and email address). It is also required for the user to provide unique identifiers (such as social security number). For affiliates joining our affiliate program we collect either social security numbers or federal tax numbers for payment and tax reporting purposes.

Order
We request information from the user on our order form. Here a user must provide contact information and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill customer's orders. If we have trouble processing an order, this contact information is used to get in touch with the user.

Cookies
We do not use cookies directly on our site. Our affiliate program tracks customers with the use of cookies that are written to their domain when the customer clicks on an affiliate link, but that tracking cookie can only be read from their domain. A cookie is a piece of data stored on the user's hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. If a user rejects the cookie, they may still use our site. Cookies enable us to track and reward our affiliates for referring business to our site. Only users of our site that come by way of an affiliate banner or other referral method will have a cookie placed unless they have this option turned off in their own personal computer. This cookie expires in 90 days with no action required by the user. This is the only use of cookies on our site and no personal information is ever stored.

Log Files
Like most standard Web site servers, we use log files. This includes internet protocol (IP) addresses, browser type, internet service providers (ISP), referring exit pages, platform type, date/time stamp, and number of click to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Sharing
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good faith belief that such action is necessary to comply with a judicial proceeding, a court order, or legal process served on our website. We will share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. This information will include aggregated numbers of gender, age, and average site visits. This is not linked to any personally identifiable information. We use an outside credit card processing company to bill users for services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes. We partner with third parties to provide specific services. These services are for credit reports and criminal background checks. When the user signs up for PersonaCheck.com services, we will share names, social security numbers, date of birth, and address information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services. All information is sent and received by secure (SSL) encryption to/from our third party background check firm(s). No personal information is kept on file once your background check has been completed and you the user have accepted the results. Because of the nature of our service, you control how much information is revealed to others invited by you. You agree to accept all responsibility for information you have chosen to share. You may choose to disclose as much or as little as available on your profile. You cannot disclose date of birth, social security numbers, home address, or other private information from our site or your profile.

Links
This web site contains links to other sites. Please be aware that we at PersonaCheck.com, Inc. are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.

Tell-A-Friend
If a user elects to use our referral service for informing a friend about our site, we ask them for the friend's name and email address. PersonaCheck.com, Inc. will automatically send the friend a one-time email inviting them to visit the site. PersonaCheck.com, Inc. stores this information for marketing analysis. The friend may contact PersonaCheck.com, Inc. at customerservice@personacheck.com to request the removal of this information from their database.

Security
This website takes every precaution to protect our users' information. When users submit sensitive information via the website, your information is protected both online and off-line.
When our registration/order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just 'surfing'. To learn more about SSL, follow this link http://developer.netscape.com/docs/manuals/security/sslin/contents.htm.
While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to your information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers' information is protected. Finally, the servers that we store personally identifiable information on are kept in a secure environment.
If you have any questions about the security at our website, you can send an email to webmaster@personacheck.com.

Supplementation of Information
In order for this website to properly fulfill its obligation to our customers, it is necessary for us to supplement the information we receive with information from 3rd party sources. For example, we use their name and social security number to request a credit report. Once we determine a user's credit, this document is destroyed. Personacheck uses an outside company to conduct background checks on our behalf. We share the information you submit during registration with this company in order for them to complete the background check. They will not use your information for any other purpose.

Site and Service Updates
We send all new members a welcoming email to verify password and username. We also send the user site and service announcement updates. Members are not able to un-subscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone. PersonCheck.com will send emails on behalf of the user to those the user invites to see their profile information.

Correction/Updating Personal Information
If a user's personally identifiable information changes (such as your address), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user's personal data provided to us. This can usually be done at the member information page or by emailing our customerservice@personacheck.com

Notification of Changes
If we decide to change our privacy policy, we will post those changes on our Homepage so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected. Users need to log into their account in order to access their profile on the web and notify PersonaCheck.com, Inc. of changes to their information. It is the user's responsibility to update PersonaCheck.com of any address, contact, or material change in the information on file. See below for contact information. Information regarding results of criminal background check is not changeable once information is confirmed. See our appeal process for more information.

Contact Information
If users have any questions or suggestions regarding our privacy policy, please contact us at:
775-201-0993 (9 to 5 M-F)
775-201-0993 Fax
customerservice@personacheck.com

1370 Harvard Way
Reno, NV 89502

PersonaCheck.com Legal statement and Disclaimer

Registering, participating in and/or using this service means that you (hereinafter called The User) accept the Terms of Use and Disclaimer set out herein. Your continued participation constitutes acceptance of the Terms. If you do not agree to accept and abide by the Terms of Use and the Disclaimer in their entirety or any individual part within PersonaCheck.com hereof, the user may not use the service and any real or implied contract between PersonaCheck.com and the user is void.

You must be over 18 years old to use this service. Registering and/or participating in PersonaCheck.com is confirmation that you are over 18 years old and that you accept the terms herein.

You, the user hereby acknowledge, understand and agree that all of the information disclosed by you to PersonaCheck.com has been disclosed freely, truthfully, and knowingly, and that the information will not be disclosed knowingly or willfully to any third party without your authorization except as may be otherwise permissible by this agreement and required by the services offered by PersonaCheck.com.

PersonaCheck.com is dedicated to securing and protecting the information transmitted to and from our services. Due to the sensitive nature of this information, all transactions are logged for security purposes, information is not stored in publicly accessible servers and all information is transmitted in encrypted form.

PersonaCheck.com is dedicated to using the most timely and accurate method of retrieving criminal record data in each region of the country. However, the depth of information available from the courts varies by federal district, state and county. The records obtained from this search will be used in complete compliance with the Fair Credit Reporting Act, The Privacy Act, and any other laws governing the use of public records. Final verification of the applicant's identity and proper use of these reports is the responsibility of you, the user. Although every effort is made to assure the accuracy of the information contained in these reports, the user indemnifies and holds completely harmless PersonaCheck.com and it's parent company PersonaCheck.com Inc. form any and all liabilities, damages including consequential damages and attorneys fees resulting from any inaccuracies and omissions in the information contained in these reports. PersonaCheck.com can not offer legal advice on how to use the information contained in these reports and is not responsible for any action taken by you the user based on this information.

We may disclose Personal Information to other people or agencies in order to
(a) when required by law wherein we have good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or legal process served on our web site;
(b) follow the law or comply with legal process served on our affiliates;
(c) protect and defend our rights or property or those of our users, and
(d) act as quickly as needed to protect the personal safety of our users or other people.

In addition to the use of Information to operate our site, we may also gather anonymous information, which may be used by us or shared with third parties. This is information which does not personally identify you, but which may be helpful for marketing purposes or for improving the services we offer. (For example, we might use this anonymous information to inform our advertisers how many users visited particular advertisements, and for how long so they can measure whether the advertisement was effective).

You acknowledge that by submitting Communications to PersonaCheck.com Site, no confidential, fiduciary, contractually implied or other relationship is created between you and PersonaCheck.com or any of its affiliates or subsidiaries other than pursuant to these terms and conditions. PersonaCheck.com shall not be responsible for any payment of any monies to any party in connection with PersonaCheck.com's use of Communications submitted by you to the Site.

The User is solely responsible for the content, quality and accuracy of the information he or she provides and receives.
The User assumes all risk and/or responsibility for any loss or damage arising directly or indirectly from the use of this service.
The User may not post, transmit or otherwise use any information gained from this system without the express permission of the owner of that information. You, the User shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including but not limited to, spamming, hacking, uploading computer viruses, or time bombs, or the means expressly prohibited by any provision of these terms and conditions.
The User may not use any PersonaCheck.com service to transmit vulgar, racist, libelous or otherwise offensive and/or illegal material.
The User is responsible for all charges resulting from use of this service including direct charges and indirect charges.

PersonaCheck.com is not responsible for the content, quality, accuracy or any other aspect of the information provided by PersonaCheck.com users; nor is PersonaCheck.com liable for any errors in that information, nor for errors, disruptions or delays in its transmission.

You agree that PersonaCheck.com will not be liable to you for any loss or damages, either actual or consequential, arising out of or relating to these terms or to your (or any third party's) use or inability to use a site, or your placement of content on a site, or to your reliance upon information obtained from or through a site, in particular, PersonaCheck.com will have no liability for any consequential, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable, (including, but not limited to claims for defamation, errors, loss of data, or interruption in availability of data), arising out of or relating to these terms, Your use or inability to use a site, or to your placement of content on a site, or to your reliance upon information obtained from or through a site, whether based in contract, tort, statutory or other law, or legal theory.

PersonaCheck.com is not responsible for any misuse of information or material provided. PersonaCheck.com may, but is not obligated to monitor the services and the information contained therein to maintain or protect the rights of users. PersonaCheck.com reserves the right to remove anything that it determines - in its sole and absolute discretion and in compliance with relevant laws - does not comply with the rules set forth herein and to remove any information deemed unreliable, inaccurate or otherwise unfit.

PersonaCheck.com reserves the right, without any prior notice, to cancel the access and/or membership of any user not complying with these terms. PersonaCheck.com shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including but not limited to Content, features, or hours of availability. PersonaCheck.com may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. PersonaCheck.com is not responsible for the contents of any off-site pages referenced, The user specifically acknowledges that PersonaCheck.com is not liable for the defamatory, offensive, or illegal conduct of other users, links or third parties and that the risk of injury from the foregoing rests entirely with the user. Links from the PersonaCheck.com on the World Wide Web to other sites do not constitute an endorsement from PersonaCheck.com. These links are provided as an information service only. It is the responsibility of the user to evaluate the content and usefulness of information obtained from other sites.

PersonaCheck.com reserve the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when they are on the Site. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are on the Site will be considered as your acceptance of those changes.

The Site is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, international conventions. Applicable US Patent Laws also protect certain aspects of PersonaCheck.com. PersonaCheck.com, Inc is the owner of the copyright of the entire Site. All other copyrights or trademarks are owned by their respective holders. The User agrees to abide by any and all copyright notices information or restrictions displayed on the Site.

PersonaCheck.com welcome your comments regarding our services, including the Site. However, any or all material and information provided by you to the Site may be included in a database owned by PersonaCheck.com, Inc. and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site to the fullest extent permitted by law. You waive all rights to any claim against PersonaCheck.com. Inc. for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that

PersonaCheck.com is under no obligations to use any material or ideas submitted by you in any Communications in any way whatsoever
THE USER AGREES TO INDEMNIFY AND HOLD HARMLESS, PersonaCheck.com, INC THEIR OFFICERS, EMPLOYEES, AGENTS, AND THIRD PARTIES FROM AND AGAINST ANY CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES OR EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM THE USE OF OR PARTICIPATION IN THIS SERVICE OR THE INFORMATION CONTAINED THEREIN.

PersonaCheck.com and "What you can't prove… can hurt
you…" are registered trademarks, Patent Pending.

A Summary of Your Rights Under the Fair Credit Reporting Act

(As Provided by the Federal Trade Commission)

A Summary of Your Rights Under the Fair Credit Reporting Act

The federal Fair Credit Reporting Act (FCRA) is designed to promote accuracy, fairness, and privacy of information in the files of every "consumer reporting agency" (CRA). Most CRAs are credit bureaus that gather and sell information about you -- such as if you pay your bills on time or have filed bankruptcy -- to creditors at the Federal Trade Commission's web site at (http://www.ftc.gov). You can find the complete text of the FCRA, 15 U.S.C. §§1681-1681u. The FCRA gives you specific rights, as outlined below. You may have additional rights under state law. You may contact a state or local consumer protection agency or a state attorney general to learn those rights.

You must be told if information in your file has been used against you. Anyone who uses information from a CRA to take action against you -- such as denying an application for credit, insurance, or employment -- must tell you, and give you the name, address, and phone number of the CRA that provided the consumer report.
You can find out what is in your file. At your request, a CRA must give you the information in your file, and a list of everyone who has requested it recently. There is no charge for the report if a person has taken action against you because of information supplied by the CRA, if you request the report within 60 days of receiving notice of the action. You also are entitled to one free report every twelve months upon request if you certify that (1) you are unemployed and plan to seek employment within 60 days, (2) you are on welfare, or (3) your report is inaccurate due to fraud. Otherwise, a CRA may charge you up to eight dollars.
You can dispute inaccurate information with the CRA. If you tell a CRA that your file contains inaccurate information, the CRA must investigate the items (usually within 30 days) by presenting to its information source all relevant evidence you submit, unless your dispute is frivolous. The source must review your evidence and report its findings to the CRA. (The source also must advise national CRAs -- to which it has provided the data -- of any error.) The CRA must give you a written report of the investigation, and a copy of your report if the investigation results in any change. If the CRA's investigation does not resolve the dispute, you may add a brief statement to your file. The CRA must normally include a summary of your statement in future reports. If an item is deleted or a dispute statement is filed, you may ask that anyone who has recently received your report be notified of the change.
Inaccurate information must be corrected or deleted. A CRA must remove or correct inaccurate or unverified information from its files, usually within 30 days after you dispute it. However, the CRA is not required to remove accurate data from your file unless it is outdated (as described below) or cannot be verified. If your dispute results in any change to your report, the CRA cannot reinsert into your file a disputed item unless the information source verifies its accuracy and completeness. In addition, the CRA must give you a written notice telling you it has reinserted the item. The notice must include the name, address and phone number of the information source.

You can dispute inaccurate items with the source of the information. If you tell anyone -- such as a creditor who reports to a CRA -- that you dispute an item, they may not then report the information to a CRA without including a notice of your dispute. In addition, once you've notified the source of the error in writing, it may not continue to report the information if it is, in fact, an error.

Outdated information may not be reported. In most cases, a CRA may not report negative information that is more than seven years old; ten years for bankruptcies.
Access to your file is limited. A CRA may provide information about you only to people with a need recognized by the FCRA -- usually to consider an application with a creditor, insurer, employer, landlord, or other business.
Your consent is required for reports that are provided to employers, or reports that contain medical information. A CRA may not give out information about you to your employer, or prospective employer, without your written consent. A CRA may not report medical information about you to creditors, insurers, or employers without your permission.
You may choose to exclude your name from CRA lists for unsolicited credit and insurance offers. Creditors and insurers may use file information as the basis for sending you unsolicited offers of credit or insurance. Such offers must include a toll-free phone number for you to call if you want your name and address removed from future lists. If you call, you must be kept off the lists for two years. If you request, complete, and return the CRA form provided for this purpose, you must be taken off the lists indefinitely.
You may seek damages from violators. If a CRA, a user or (in some cases) a provider of CRA data, violates the FCRA, you may sue them in state or federal court.

The FCRA gives several different federal agencies authority to enforce the FCRA:

FOR QUESTIONS OR CONCERNS REGARDING PLEASE CONTACT

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PATENT PENDING