Terms and Conditions of Use
This site provides customer access to The Berwyn Group, Inc.'s ("Berwyn Group") on-line DeathCheck and AddressCheck look-up and secure file transmission portals.
The use of Berwyn Group's web site is governed by terms and conditions stated herein, 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 Berwyn Group performs on behalf of its customers requires that it accesses "non-public personal information files" - i.e. this service has access to personal confidential information. The information within these files is protected by the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), as well as other Federal and State statutes.
As a part of its responsibilities under these statutes, Berwyn Group is required to document that it has made reasonable efforts to verify the permissible purpose and permissible use.
Permissible purpose includes preventing fraud. Making certain that your company has the correct address information for your vested pension plan participants helps ensure that beneficiary checks are not cashed by unauthorized or unintended recipients. Further, correct participant address information also helps ensure 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 commit fraud. Finally, providing missing correct addresses and personal information helps prevent wrongful claims against fund assets. Berwyn Group operates on your behalf for the permissible purpose of preventing fraud.
Consequently, Berwyn Group is required by law to verify its customer's permissible purpose, and has a legal right to access this data. Therefore, before granting permission to access this web site, you will be required to complete either Confidentiality and Privacy Agreement or a Non-Public Personal Information Access Verification form. As a condition of use of Berwyn Group’s services, the person named on the agreement or verification form must be an authorized person of the customer’s organization. Berwyn Group reserves the right to review and verify information provided on all submission forms 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 such as contacting your vested participants, or updating administrative plan records. 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, services, or using the data for employment or credit purposes.
Please note, that because we are sharing "non-public personal information" with you and your organization, your organization is governed by the same Federal and State statutes concerning the permissible 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/finance/banking/ personnel, and trustees) who may require access to this data. Most of these employees are familiar with their responsibilities under these statutes. However, it is essential that your agreements with these administrators include a provision that provides 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 personal private information that you maintain on your participants) is governed by various privacy laws and that they must 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 AddressCheck locator services until our records are complete with this information. We have made every effort to make this process as simple as possible.
Personal and Non-permissible Use
Under no circumstances will the services provided in this web site be authorized to be used for personal or non-permissible purposes. Furthermore, the data derived from these services is not permitted to be transferred, published, transmitted, shared, sold, or used for any purpose other than the permissible use indicated.
Ownership of Information / Data
Berwyn Group uses proprietary software, and database resources to provide the necessary deliverables for this service. All data processed through this web site will be encrypted. Search result data will be available only to the account user that requested the initial search and any other authorized personnel identified in the agreement between your organization and Berwyn Group. The databases that Berwyn Group owns, maintains and uses in the course of its normal business (not including data provided to Berwyn Group by its customer) will remain the sole property of Berwyn Group, and Berwyn Group will not assign its rights to its database, methods, procedures or any other proprietary information to the customer by virtue of using our services.
Privacy and Protection of Personal Information
A user account ID and password will be established once the agreement and/or verification forms have been completed. 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 Berwyn Group as soon as you become aware of it.
Berwyn Group makes every effort to provide accurate, timely error-free results, and tests all data prior to updating its files. However, Berwyn Group has no control over the content of the files that it receives from reporting agencies. Accordingly, Berwyn Group makes no warranty as to its use or performance and make no warranties, conditions, representations, or terms (express or implied whether by statute, common law, custom, usage, or otherwise) as to any matter including without limitation non-infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose, except for, and to the extent, that a warranty may not be excluded or limited by applicable law in a customer’s jurisdiction. In no event will Berwyn Group, its agents, employees or suppliers, be liable to customer for any damages, claims, or costs whatsoever, or for any consequential, indirect, incidental or punitive damages, or any lost profits or lost savings.
The account holder and/or the organization he/she represents agrees to indemnify and hold harmless 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 negligence, conduct, unauthorized or inappropriate use of the information provided by this web site's service by the account holder and any other personnel from his/her organization.
The account holder and/or the organization he/she represents shall not use the data provided by 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 not authorized under the Fair Credit Reporting Act. The account user shall abide by such legislation and rules and regulations as may be enacted or adopted after the date hereof.
The account holder and/or the organization he/she represents agrees that it shall not (a) use the data provided by 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