Credit Reports and Background Checks in over 250 Countries and Territories
Trust, But Verify®
Owens OnLine realizes the importance of secure online shopping. In response to this need, our site was developed to support industry-standard secure online purchasing through 128-bits SSL technology (highest available level of encryption). This technology protects your information by transmitting it across the Internet in an encrypted form. This means that your information and credit card number are scrambled and then decoded when it gets to our server, protecting you from possible fraud. We have instituted this technology so that you can feel confident that purchases made through Owens OnLine are safe.
We do not sell mailing lists or exchange services in return for the use of your information, period. We gather information about our visitors primarily to process your orders, but also to continue to provide you with superior and personalized customer service. By collecting the information that you provide us, we are able to make more accurate product recommendations, and send email notices or reminders. We are dedicated to providing you with the best possible experience on our site and gathering this information helps us to do so.
Owens OnLine respects the privacy of our offline/online visitors, retail and wholesale clients. Our policy is to maintain the confidentiality and privacy of personal data voluntarily submitted to us in writing, submitted electronically via our website, or by our clients in connection with employment background screening, credential verification, credit or license applications, investigations and other services. All data is collected, stored and used in compliance with applicable law, which may include the United States' Fair Credit Reporting Act ("FCRA"), the European Union Data Protection Directive and other international laws.
We receive certain EU & Swiss Personal Data at the request of clients for investigative, credential verification, credit and employment related purposes on behalf of our clients. Owens OnLine has joined the U.S. Department of Commerce's "Safe Harbor" program with respect to the EU & Swiss Personal Data and utilizes such information in strict accordance with the Safe Harbor principles. The Safe Harbor principles and our Safe Harbor certification can be found at www.export.gov/safeharbor.
Owens OnLine is committed to protecting the privacy of personal data that is gathered and maintained on behalf of employers and clients requesting consumer data. We certify that, in relation to EU & Swiss Personal Data, we adhere to the Safe Harbor Privacy Principles (see below):
Owens OnLine gathers and maintains consumer data which it provides to our clients (employers, financial institutions, other background screening or credit agencies, etc.) or their agents (such as recruiters or staffing firms) usually for use in making employment-related decisions (such as who to hire, retain, promote, or re-assign), for credit applications (to purchase a car, house, etc.) or for license applications (for professional or business purposes). It may also be utilized to conduct employee investigations where an employer has a suspicion of work related misconduct or wrongdoing, or an issue arises as to employee compliance with Federal, State, or local laws and regulations, or any employer policies. Human resource and security professionals within employer organizations will utilize this type of information. This notice also covers human resources data that is obtained by this service on behalf of employers or their agents. A consumer may find out more about the nature and scope of any inquiry that is made about them by contacting us (see Contact Us). EU services are performed in accordance with applicable local and national laws. The scope of this notice covers EU consumer report data that Owens OnLine has obtained on behalf of employers by manually or electronically contacting the appropriate sources of the data (court records, references, licensing bureaus, etc.). Owens OnLine also performs services related to corporate litigation and investigative services as requested by our clients.
CHOICE (opt-out of sensitive Information)
Owens OnLine affords individuals the opportunity to choose whether their personal information will be disclosed to a third party or will be used for a purpose incompatible with the purpose for which it was originally collected or subsequently authorized by the individual. Therefore, consumer data may be disseminated under these circumstances unless the consumer explicitly "opts-out." Where a consumer chooses to "opt-out," the data is not necessarily erased or deleted. Various laws require that the data be maintained on file for a specified period of time for consumer protection purposes. A consumer can "opt-out" by contacting Owens OnLine in writing or by e-mail at the addresses listed on www.owens.com (see Contact Us).
ONWARD TRANSFER (TRANSFERS TO THIRD PARTIES)
The information obtained by this site is forwarded only to an entity that has been authorized by a consumer to receive the data or an agent of the end user operating on behalf of the end-user. The information is only provided to the employer for purpose described in the section under "Notice." This site may also operate as an agent for a Consumer Reporting Agency as defined under the federal Fair Credit Reporting Act (FCRA). In either event, the employer or the CRA must certify that the information will be used only for the permissible purpose of employment and that the information will remain private and confidential. This site also takes reasonable steps to insure that any party that receives such information has certified that it will maintain privacy and confidentiality and will utilize the information for permissible purposes. Where appropriate, by definition, any third party that receives information from this site has warranted that they have given a consumer notice as to the purposes of the collection of the data and a charge of whether the data is to be collected by virtue of the fact that an employer must obtain a written consent to obtain and use any data obtained by this site.
A consumer may request, in writing, a copy of their consumer report in order to allow the consumer the reasonable opportunity to ascertain what personal data this service possesses about the consumer, and to correct, amend or delete information that is inaccurate or incomplete, except where the burden or expense of providing access would be disproportionate to the risks to the individual's privacy, or where the rights of persons other than the individual would be violated.
Owens OnLine reserves the right to engage in reasonable efforts to confirm the identity of the individual requesting the data to ensure the information is provided only to the subject of the data.
Under certain circumstances, a consumer is entitled to a free coy of their report. Under all circumstances, a consumer is entitled to a copy of their report under the terms of the FCRA. For a citizen of the EU or Switzerland, this service reserves the right to charge an administrative fee not to exceed $15 to cover the cost of reviewing our records to determine if a consumer is in our file, and the administrative cost of obtaining and forwarding any information. However, the service also reserves the right to engage in reasonable efforts to confirm the identity of any consumer requesting data, so that we only provide data to the consumer that is the subject of the data.
Although we make every effort to ensure that the data we collect and store about on each individual is as accurate as possible, this service cannot guarantee that third parties are accurate in information that is transmitted and therefore we are not responsible for the data. We are not responsible for the accuracy of data about each consumer that may be supplied by any other third-party sources of information or our clients.
To request information relating to his or her personal data, a consumer may contact Owens OnLine writing or by e-mail at the addresses listed on www.owens.com (see Contact Us).
Owens OnLine takes all reasonable procedures to protect personal and identifiable information from loss, misuse, unauthorized access, disclosure, alteration and destruction. All of our users' information (not just the sensitive information mentioned above) is kept strictly confidential in our offices and an alternate secure location and is stored on our servers in a secure, encrypted manner. Strong password protection protocols are used on all computers. Furthermore, all employees are kept up-to-date on our security and privacy practices. Finally, the servers that are used to store personally identifiable information are kept in a secure environment, with appropriate security measures.
Owens OnLine only collects data that is strictly necessary for the purposes listed under the section on "Notice." The data includes information that is necessary to identify the consumer for purposes of collecting employment related information.
Owens OnLine will verify adherence to the US-EU Safe Harbor Framework and the US-Swiss Safe Harbor Framework via in-house verification and internal policies and procedures implemented by the management of our company. This firm is subject to regulation by the Federal Trade Commission. And has agreed to cooperate and comply with the European Data Protection Authorities.
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Terms and Conditions
PLEASE READ VERY CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE OR ITS PRODUCTS, SERVICES AND INFORMATION. IF YOU DO NOT WISH TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS WEBSITE.
Revised — November 02, 2012
TERMS AND CONDITIONS
Owens OnLine, Inc., on behalf of itself, its officers and employees ("OOL"), operates a website that provides a variety of information products, which include business and personal credit reports, AML/CFT/KYC reports, background investigations and employment screening services, internationally and within the United States (the "Service").
User ("Client") wishes to obtain information on people and/or businesses through the Service.
Now, therefore, OOL and Client agree as follows:
The Service will provide Client with information furnished to OOL by third party agents/sources, in-country agents/sources or a combination thereof.
Client will comply with the terms set forth in this agreement.
Client will pay for the Services as set forth in the Payments and Pricing section of this agreement.
Prior to requesting Services, Client will carefully review each product's respective "About" link and order form (which may vary by country). Client understands that this information may not always apply to its specific request when a response or result is obtained.
Prior to requesting Services, Client and/or their end user will inform the subject in writing that either a consumer report or an investigative consumer report will be acquired and will obtain the subject's authorization in writing for said report.
Prior to requesting Services, Client and/or their end user will provide the subject a written summary of his/her rights (including the right for additional disclosures regarding the nature and scope of the investigation) in accordance with his/her country's respective data protection laws (e.g. FCRA for the USA, etc.) and relevant international data privacy protection laws.
Prior to requesting Services, Client and/or their end user will inform the subject that his/her personal data may be used to enable OOL and/or Client to perform said Services and that his/her personal information may be transferred to other countries.
Client will only use the information that is being requested for the purpose indicated in the order and will not use it for any other purpose without the prior consent of OOL. The Services are not provided or intended to be used for investigations or due diligence investigations of individuals without Client having in its possession (and warranting that it has in its possession) a release signed by the subject agreeing to research being done to support the order(s) placed by Client.
Client will comply with all Federal, State, Local and International laws and regulations applicable to the use of Services, including, but not limited to, FCRA disclosure and authorization requirements, adverse action provisions and international data transfer directives.
Client will utilize document disposal and/or destruction methods that render all data unintelligible and Client understands that OOL will do the same in accordance with the Federal Trade Commission.
Payments and Pricing
Client is responsible for each order that is placed on its account.
Client shall be charged for all Services at the rates set forth at the time each order is placed. However, OOL reserves the right to deny continuation of any order if unanticipated or unreasonable price fluctuations occur (e.g. agent pricing, currency fluctuations, etc.) and reserves the right to cancel any order (with an appropriate refund) if a commensurate source is not obtainable.
Pricing is subject to change without notice.
OOL will make its best efforts to keep prices as stable as possible through the course of a calendar year for the convenience of its clientele. However, agents' price increases, civil strife, large currency fluctuations, etc. may have a negative effect on pricing on a particular product. Conversely, agents' price decreases, improved repository efficiencies, large currency fluctuations, new sources, etc. may have a positive effect on pricing. OOL considers all these factors when making price adjustments.
Client will be responsible for charges resulting from Client's errors in inputting data, entering duplicate orders, and cancelling orders once processing has commenced.
Client understands that database retrieved reports are non-cancellable. Cancellations on freshly prepared reports must be received in writing within two (2) hours of receipt of the original order and must be approved by OOL.
Due to the customized nature of OOL's business, Client agrees that payments made by charge/credit/debit card can be debited at the time the Client's order is placed and not necessarily when delivery is made.
Non-payments, charge/credit/debit card charge-backs and/or refunds are not available and not acceptable for reasons including, but not limited to, report content, possible lateness, etc.
Reports over one day late will be charged at the next slower delivery time if one is offered.
Client agrees and understands that information is derived from best source data OOL has found and/or has chosen to make available for each product. This may be information obtained from OOL's staff, third party agents/sources or in-country agents/sources or a combination thereof.
Client agrees and understands that product content may vary greatly due to numerous variables, some of which may be outside OOL's control (e.g. subject's unique history, available data, applicable laws, local search customs, source repository policies, organization's lack of cooperation, etc.).
Client agrees and understands that there are fees for services provided by OOL. Furthermore, there may be out of pocket costs that must be advanced by OOL, including, but not limited to, court fees, international vendor fees, etc.
Client agrees and understands that published delivery times vary by product and country and are an estimate based on the experience of previous orders – they are not a guarantee. If a product lists a delivery time range, the order is considered to be late on the day after the last date in the range, not the first date. Orders are subject to delays depending upon source(s) involved and other factors such as holidays, etc.
Client agrees and understands that status updates and ETAs may not be practical or observed in other countries and, if obtained, may lack the level of specificity commonly expected. OOL will track and follow orders and make its best efforts to obtain detailed status updates on Client reports where possible.
Client agrees and understands that OOL extends its best efforts in developing the best agent network in the world. However, OOL is not responsible for the internal management of its agents, its agent's employees and/or its agent's data sources.
Client agrees and understands that OOL will not knowingly obtain information in an illegal manner. Client understands that third party agents may follow laws and/or customs of their respective country, which may differ to that of the Client's respective country. OOL complies with the U.S. Foreign Corrupt Practices Act (FCPA) and the U.S. Fair Credit Reporting Act (FCRA) in acquisition and reporting of information.
Client agrees and understands that OOL will not render any opinions regarding report content (with the exception of business credit report opinions/scores where available) and Client will base its decisions on its own guidelines, policies and procedures. Any consultation and sample forms, which may be provided by OOL shall be provided for informational purposes only and OOL shall not be deemed to be providing legal advice. OOL advises that Client consult experienced counsel to ensure compliant procurement and use of OOL reports in connection with its particular credit, due diligence or screening program.
Client is responsible for the creation, confidentiality and security of its password.
Client shall be responsible for all uses of its account, whether or not authorized by Client.
Client agrees to immediately notify OOL of any unauthorized use of Client's account or password.
Term of Agreement
This agreement shall be in full force and effect during such periods of time that OOL is providing Services for Client. Client agrees that if it is found to be in violation of any specifications of this agreement, OOL has the right to terminate Client's access to Services.
Modifications to Agreement
OOL reserves the right to modify these Terms and Conditions at any time and such modifications shall be effective immediately upon posting of the modified agreement to the website. Client agrees that they are entirely responsible for reviewing these changes when accessing this website or its products, Services and information, and understand that OOL Terms and Conditions may be updated from time-to-time with the last revision date being clearly shown at the top of the agreement. Continued use of any of OOL's Services after changes are made constitutes acceptance of this agreement as modified by the published changes.
Rights to Service
The Service is proprietary to OOL and all rights to the Service are proprietary to and reserved by OOL.
Warranty and Warranty Disclaimers
Client recognizes that information is obtained and managed by fallible sources. The information supplied to OOL by its vendors is "as is" and cannot be guaranteed to be error free. In requesting any Services, Client accepts that information/content cannot be guaranteed as accurate in that OOL, its agents or associates have no practical opportunity to audit or confirm all source data.
OOL uses commercially reasonable efforts to comply with all applicable laws, regulations, rules and standards of all governing jurisdictions and performs Services generally (but not necessarily in each and every instance) in a workmanlike manner according to industry standards. OOL requires its vendors to adhere to in-country laws and regulations.
Client also understands that processing of court record searches vary based on local laws, regulations and Client. The information provided by agents to OOL may be reflective of country variances. The quality of information gathered in one country cannot be used as a measurement for information gathered in another country; record keeping practices vary by country.
Although reasonable effort is made by OOL and its agents to ensure accuracy, OOL does not act as the final guarantor of the information accuracy or completeness.
Client understands OOL does not provide legal advice in the provision of its Services herein and Client acknowledges it is not obtaining from OOL nor relying on OOL for legal advice of any kind.
Client acknowledges and agrees that, except as expressly provided in this section, OOL makes no representation or warranty whatsoever, either express or implied (including, but not limited to, implied warranties of merchantability or fitness for particular purpose and implied warranties arising from the course of dealing or a course of performance) with respect to the accuracy, validity, completeness, uninterrupted availability, or suitability for Client's needs, of any information and/or consumer reports or other Services provided under this agreement, and OOL hereby expressly disclaims all such representations and warranties.
The representations, warranties, covenants and agreements contained in this agreement are for the sole benefit of the parties hereto and their heirs, executors, administrators, legal representatives, successors and assigns, and they shall not be construed as conferring any rights on any other persons.
Client agrees and understands that satisfaction of its obligations under this agreement and all applicable laws is the sole responsibility of Client, and that such obligations of Client are in no way conditioned or contingent upon the performance of OOL or any business or consumer reporting agency, end user, consumer or other third party.
Limitation of Liability
Client releases OOL and its agents, contractors, officials, representatives, or assigned agencies, including officers, employees, or related personnel both individually and collectively, from any and all liability for damages of whatever kind, which may, at any time, result to Client, Client's company, Client's heirs, family, or associates because of placement, processing, work performed, delivery and/or fulfillment of Services.
Client further agrees that the information will not be used as evidence or as a basis for any legal action. Client will not hold OOL responsible for potential or actual losses that may occur from any business decision made subsequent to the receipt of this report. This information is for Client's exclusive use. Client accepts that the content and amount of information may vary with each report depending on the situation OOL or OOL's agents may encounter and what information is available.
Errors and Auditing
If OOL discovers any errors/omissions in research, OOL shall send a supplement report updating and correcting such. OOL's agent identities are proprietary and not available for audit. However, if Client has a concern, it will be aggressively addressed.
Results may vary widely by country, state/province, locale or repository/source according to differing laws, regulations, customs and internal policies, which may be inconsistent.
Searches are based on the exact search name provided. Other provided identifiers are also used when available.
Though name variations may be common in a particular country and some repositories and agents may search for name variations, no consistency or guarantee that variations will be searched is available without the commitment of an additional order for each name requested.
Many courts and some police agencies do not issue documents verifying a non-record. If such a document is available and is required by Client, additional charges may apply.
Searches are per jurisdiction unless otherwise indicated.
OOL is not responsible for any events or circumstances beyond its control, including, but not limited to, wars, riots, embargoes, strikes or Acts of God, which prevent OOL from meeting its obligations.
Governing Law and Dispute Resolution
This agreement of Client's use of Services shall be governed solely by the laws of the State of Florida, USA and construed in accordance with the laws of the State of Florida, without effect to conflict of law principles.
In the event of any dispute between the parties, if the parties are unable to resolve the dispute after holding good faith and confidential discussions, then the dispute shall be submitted to binding arbitration conducted in Tampa, Hillsborough County, Florida, USA under the American Arbitration Association.
Notwithstanding the foregoing, each party shall be entitled to seek immediate injunctive relief to protect its confidential information.
Client shall neither transfer nor assign this agreement, in whole or in part, without OOL's prior written consent, which shall not unreasonably be withheld.
If any provision of this agreement is held to be invalid or unenforceable under applicable law in any jurisdiction, the validity or enforceability of the remaining provisions thereof shall be unaffected as to such jurisdiction and such holding shall not affect the validity or enforceability of such provision in any other jurisdiction.
To the extent that any provision of this agreement is held to be invalid or unenforceable because it is overbroad, that provision shall not be void but rather shall be limited only to the extent required by applicable law and enforced as so limited.
Any notice that is required or permitted hereunder shall be deemed given to OOL only if delivered personally or by registered or certified mail, return receipt requested and postage prepaid, or by nationally recognized overnight delivery services, addressed as follows: Owens OnLine, Inc., 10012 N. Dale Mabry Highway, Suite B-101, Tampa, Florida 33618 USA.