Terms of Use

EQUIFAX DEVELOPER PORTAL TERMS OF USE 

Last Updated: July 21, 2023

 

Below you will find the Equifax Developer Portal Terms of Use and website terms that apply to You when using Equifax Canada Co.’s Equifax Developer Portal (hereinafter, collectively, the “TOU”).

Equifax Canada Co. is referred to in these TOU as “Equifax”, “We”, “Us” and “Our”.  We may partner with other companies (“Suppliers”) or affiliates (“Equifax Affiliates”) to provide the Site. A company is an Equifax Affiliate if it directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with Equifax.

The TOU contain the terms and conditions pursuant to which You may become a registered Equifax developer using the information, content and tools on the Equifax Developer Portal located at developer.equifax.ca (the “Site”).  Each time you access or use the Site in any manner, you and the organization (hereinafter, collectively “You” or “Developer”)  are acknowledging and agreeing to be bound the by TOU.  The TOU may be updated from time to time and it is Your obligation to review the Site each time You visit to ensure You are aware of the most current TOU. If You do not agree with the TOU, please do not use the Site. For clarity, You hereby agree that Equifax may change, revise, or modify these TOU  at any time in its sole discretion, and that You will review the TOU on a regular basis. Equifax will update the “Last Updated” date at the beginning of the TOU to identify currentness and as notice of changes. Your continued use of the Site, Data (defined below) or API (defined below) after notice of changes has been given shall constitute your acceptance of the revised TOU. 
 

  1. ACCESS TO SITE, USE AND GOVERNING LAW.  Access to, and use of, the Site are subject to all laws and regulations applicable in Your province or territory of residence. It is Your responsibility to determine if You can legally use the Site in compliance with all applicable laws. If any term or condition in these TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the TOU and shall not affect the validity and enforceability of any remaining provisions of the TOU. The scope of applicability of the Site, is to govern: (a) Your access to the Site, (b) the creation of an application programming interface (the “API”) with Equifax to enable the receipt of Equifax products, services and production data (collectively, the “Equifax Information”), (c) Your access to dummy data, which does not relate to any actual person or entity (the “Data”) for user acceptance testing (“UAT”).  For the avoidance of doubt, once Your API is promoted into production, Your written and executed agreement for Equifax Information shall govern your access to and use of Equifax Information via the API while these TOU shall continue to apply to Your ongoing access to and use of the Site, API and Data. The TOU are made and will be interpreted under Ontario law, and you submit to the exclusive jurisdiction of Ontario courts located in Toronto. In some instances, You may have entered into a non-disclosure agreement, license test and confidentiality agreement or other agreement with Equifax to govern your relationship with Equifax (hereinafter, collectively, “Other Agreements”).  In the event of a conflict between these TOU and Other Agreements, where the conflict pertains to the Site, Data, or API, the Other Agreements shall supersede.

 

  1. Creating an Account. You need to use a current Site account or create a new Site account in order to access and use the Site. Prior to formal approval of your request to create a Site account, You will have to verify Your contact information via email. Equifax may withhold approval of Your account for any reason. It's Your responsibility to keep Your password, account credentials, and accounts secure. You should notify Equifax immediately if any unauthorized use, or suspected unauthorized use, of Your Site account occurs or if any other breach of security occurs. Equifax is not liable for any loss or damage arising from Your failure to comply with these requirements. 

 

  1. Registration and Personal Information. You will be required to provide certain information (e.g., Your contact details, description of Your product or service, Your targeted number of users, etc.) as part of the registration process, to access and use the Site and for Your continued use of the API. You agree You will update your registration information so that it is always accurate.  You are only allowed to register for and use one (1) set of login credentials, unless otherwise permitted by Equifax in writing, including via email.  As part of Your use of the Site and the API before the API is promoted into production, no identifiable information about an individual should be disclosed to Equifax on or through the Site. However, You may provide us with some personally identifiable information during registration to administer Your Site account.  By creating Your Site account, You acknowledge and agree that You are providing express consent in accordance with applicable Canadian privacy laws for Equifax, Equifax Affiliates and Suppliers, as the case may be, to access Your personal information as needed to administer Your Site account and enable Your access and use of the Site.  You acknowledge receipt of Our Privacy Policy and agree that We may use and share Your personal information in accordance with Our Privacy Policy, which is incorporated by reference into these TOU.

 

  1. License Grant / No Other Rights. Subject to these TOU and upon completion of Your registration, Equifax grants You a revocable, non-exclusive, non-transferable, non-assignable, limited license to access and use the Site, create and implement the API in Your application so that Your application can access and query the Data for UAT. In other words, using the Site, You may develop an application (e.g., a web site, mobile device application, personal computer application) that is designed to access and query the Data solely via Equifax’s API. Except as otherwise expressly stated in these TOU, You are not granted any other rights to sublicense, distribute or make available the Data to any third party or to facilitate the distribution or delivery of any Data through Your application without appropriate agreement(s) first being executed with Equifax by You and/or the End User(s) (as defined below).  Moreover, the scope of this license expressly excludes access to and use of Equifax Information via the API.  Once the API is promoted into production Your Equifax agreement for Equifax Information shall set out the license terms and other conditions related to Equifax Information you receive via the API.

 

  1. Where Developer Is Not the End User.  Where the Developer is an Equifax approved reseller or connector,  End User means any customer of Developer that will access and use the API created through the Site in such customer’s own application or in Developer’s application that such customer has a written agreement with Developer to access and use for the purposes of using the API for Equifax Information.  In this instance, the End User must have its own written agreement with Equifax for Equifax Information and have been successfully credentialed and boarded by Equifax prior to production access to Your API.  You will require Your End Users to comply with (and not knowingly enable them to violate) applicable law, regulation, the TOU and any terms agreed to by You and Equifax pertaining to the Site, the Data and the API. 

 

  1. General Requirements and Restrictions. The above license is subject to the following general requirements and restrictions:
     
    • You shall not submit any false or misleading information regarding your access and use of the API;
    • any application You develop utilizing the API shall be designed to access and use the Data as authorized by these TOU and the Equifax Information only as authorized by Equifax pursuant to a separate written agreement for Equifax Information;
    • You shall not access or attempt to access the Data or any Equifax Information other than through the API;
    • You shall not falsify or alter any unique identifier (e.g., API Key (defined below)) in, or assigned to, Your application, or otherwise obscure or alter the source of queries coming from Your application;
    • You shall not reproduce, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Data or the API in an attempt to personalize, re-identify or create any personal information from the Data;
    • You shall not violate or attempt to violate the security of the API (e.g., accessing a server or account You do not have authorization for; attempting to test, scan, probe, or hack the vulnerability of the API or any network used by the API; attempting to circumvent any authentication measures; overload, flooding or pinging the API);
    • You shall not transmit or otherwise make available any material that contains a software virus or any other computer code, file, or program designed to: (i) interrupt, destroy, or limit the functionality of any equipment (including software and hardware), or (ii) spy on the activities of others;
    • You shall not use the API in a manner that, in Equifax’s sole discretion, exceeds reasonable request volumes, constitutes excessive or abusive use, or otherwise fails to comply with or is inconsistent with these TOU;
    • You shall not use the API in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person or entity;
    • You shall not use the API in any manner that exposes Equifax to any harm or liability of any nature;
    • You shall not use the API in any manner that disparages Equifax or its products or services, or infringes any Equifax intellectual property or other rights;
    • You shall not use the API or display related content in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between You or a third party and Equifax, other than Your permitted use of the API under the terms of the TOU;
    • You shall not make any representations or warranties about the API to any third party; and
      You shall not use API in violation of any international, federal, provincial, domestic or local law, rule or regulation, whether now existing or enacted in the future, or in any manner that would cause Equifax to violate any such laws, rules, or regulations.

 

  1. Data-Related Restrictions. The above license is also subject to the following restrictions regarding the Data:
     
    • You shall only design the API to enable the Data (and Equifax Information) to be presented in an application in response to an individual query (i.e., You may not design an application in a manner that allows the presentation of the Data (and Equifax Information_ in bulk format;
    • You shall not provide access to any portion of the Data (and Equifax Information) to any party without permission from Equifax, which may include a written agreement with You, Your End User or the prior written consent of Equifax;
    • You shall use industry best practices to prevent the misuse of, and unauthorized access to, the Data (and Equifax Information) once received via the API;
    • You shall not use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Data (and Equifax Information), or permit any third party to do the same;
    • You shall take reasonable precautions to prevent caching, indexing, storage, redisplay or other persistence of the Data (and Equifax Information) through any means other than as specifically intended and approved by the proposed application;
    • You shall use the Data for UAT of the API only;
    • You shall not design an application that allows or facilitates the use of the Data (and Equifax Information) as a derivative database to verify, confirm, enhance, audit, update, or develop any files, products, or databases owned, licensed, or marketed by other companies;
    • You shall not make any representations or warranties about the Data (and Equifax Information) to any third party; and
    • You shall not design an application that allows or facilitates the use of the Data (and Equifax Information) in any manner to stalk, harass, embarrass, invade the privacy of, or otherwise cause harm to, any person or entity.
       

 

  1. Intellectual Property. As between Equifax and You, Equifax and/or its authorized licensors, Suppliers or Equifax Affiliates exclusively own and reserve all right, title, and interest (including all intellectual property rights) in and to the Site, including all programs, features, functions (as well as the combination and “look and feel” of the same), and subsequent updates or upgrades of any of the foregoing made generally available by Equifax, including without limitation the APIs, the API documentation, any URLs, any technical support, and/or any software or technology provided to You in connection with your use of any of the above. All rights not expressly granted to You in these TOU are retained by Equifax and/or its authorized licensors, Supplier or Equifax Affiliates.

 

  1. Suggestions. You hereby irrevocably assign and agree to irrevocably assign, without charge, all intellectual property rights relating to oral and written comments and suggestions provided by You relating to the Site (including without limitation the APIs, the API documentation) (“Suggestions”). At Equifax’s expense, You will take all actions deemed necessary by Equifax in order for Equifax to record, perfect, and maintain its rights in and to all Suggestions. Without limiting the foregoing, Equifax will have an unlimited, perpetual, worldwide, royalty-free right to use and modify all Suggestions, and Equifax will have no confidentiality obligations with respect to any Suggestions.  Any feedback You provide at this Site shall be deemed to be non-confidential. Equifax is free to use such information on an unrestricted basis.

 

  1. Copyright and Trademarks. The Site is protected by applicable Canadian copyright and trademark laws, as well as by the copyright and trademark laws of other countries.  The Site cannot be altered without infringing on Our rights, including without limitation Our moral rights.  As such, You may not remove, alter or cover any copyright or other proprietary notices placed on Site or acquired through this Site. We, collectively or individually, retain ownership of all intellectual property rights in this Site, including without limitation all of its content.  For the avoidance of doubt, the content may not be copied, distributed, displayed, modified, reproduced, performed, published or reverse engineered in whole or in part without Our prior written permission or as expressly permitted by the TOU or within the Site itself.

 

  1. API Key. You will be assigned a unique key that is associated with your API account (the “API Key”). The API Key enables Your application to access and use the API on a nonexclusive basis. All calls to the API made by Your application must include Your API Key. You must keep your API Key confidential and You may not share it with any third party. You will use only a single account to request an API Key from Equifax. You are solely and entirely responsible for all uses of the API occurring under Your API Key. You will not misrepresent or mask either Your identity or Your API End User's identity when using the APIs or Site accounts. 
     
  1. Technical Restrictions.
     
    • Periodic Cap. Your use of the API is limited to calls to the API over a given time period as outlined to You by Equifax. If You exceed the Throttle Rate (as defined below), the API will temporarily stop working for You. If You exceed the limit on more than one (1) occasion, Your access to, and use of, the API may be permanently terminated. Equifax reserves the right to change the limits and caps at any time in its sole discretion.
    • Throttle Rate. The rate at which the API may be called (the “Throttle Rate”) has been set as shown in the documentation provided to You. You will not attempt to circumvent any technical measures We may put in place to enforce the Throttle Rate. Equifax reserves the right to change the Throttle Rate at any time in its sole discretion.

 

  1. Fee for Use. At this time, the API is offered and provided without charge; however, Equifax reserves the right to implement a fee and payment terms for use at any time in its sole discretion. In addition, accounts that are not used for thirty (30) days or more may be disabled at Equifax’s discretion. For the avoidance of doubt, once the API is promoted into production, the Equifax Information is only provided with charge, which will be set out in the applicable agreement.

 

  1. The Data. The Data accessible via the API may be changed, updated, or deleted without notice for any reason at Equifax’s sole discretion.

 

  1. Future Versions. Equifax reserves the right to release subsequent versions of the API and to require You to obtain and use the most recent version within ninety (90) days of the release. Failure to obtain and use the most recent version may cause a suspension of access to the API.

 

  1. Monitoring and Enforcement.  You consent and agree that Equifax may monitor or audit Your use of the API and Your use of the Site. You agree to cooperate with any monitoring or audit, and You will not interfere with or otherwise attempt to block any monitoring or audit. Equifax reserves the right to investigate and take appropriate action, including legal action, in its sole discretion, against anyone who violates these TOU. In addition to any other available remedies, Equifax may, at its sole discretion, seek specific performance, injunctive relief, and/or attorneys’ fees.

 

  1. NO GUARANTEE OF CONTENT AVAILABILITY. Because of the nature of Internet and online communications, this Site may not perform as intended despite Our efforts, those of Your Internet service provider, and You. We do not guarantee uninterrupted or error free operation of this Site. In addition, Your use of the Site that is excessive or in a manner not contemplated by these TOU may also result in the Site not performing as intended despite Our efforts. We will use reasonable efforts to maintain operation of the Site at all times. If there is a system error or other problem concerning the Site, You agree to promptly notify Us of the same, We will try to correct the error, but You will not be entitled to any money for any system error of any type except for monies.

 

  1. LIMITATION OF LIABILITY.  The Site is provided on an “AS IS” basis and  without warranties of any kind, either expressed or implied. We completely disclaim all liability arising from the use of the Site by You. Further, and without limiting the generality of the foregoing, in no event shall Equifax, Equifax Affiliates or Suppliers be liable for any direct, indirect, incidental, consequential or special damages, losses, claims or expenses arising out of the use of the information herein, or in any way connected with access to or use of the Site.   Without limiting the foregoing, We do not represent or warrant that the use of the Site including the browsing and downloading of any content, will be free of viruses, Trojan horses, worms or other destructive or disruptive components. You acknowledge and agree that is it up to You to ensure that You have a complete and current backup of the information contained on Your computer system prior to using the Site and that You will take reasonable precautions to scan for computer viruses, worms, Trojan horses, and other items of a destructive nature when using this Site.  This Site may contain hyperlinks or other references to third party Internet sites that We do not own or operate. You may be subject to additional terms and conditions that apply when You use third-party Internet sites. You agree that You are responsible for reviewing and understanding any terms and conditions governing any third-party Internet site and products and We have no responsibility therefore. 

 

  1. USER CONTRIBUTIONS. The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, tutorials, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with the content standards set out in these TOU.
    • Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant Us, Equifax Affiliates and Suppliers and each of their and Our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
    • You represent and warrant that: (a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Us and Our Suppliers and Equifax Affiliates and each of their and Our respective licensees, successors and assigns and (b) All of Your User Contributions do and will comply with these TOU.
    • You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not Equifax, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
    • We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by You or any other user of the Site.
    • We have the right to:
      • Remove or refuse to post any User Contributions for any or no reason in our sole and unfettered discretion.
      • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the TOU, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for Equifax.
      • Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
      • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
      • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these TOU.
      • Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS EQUIFAX, EQUIFAX SUPPLERS AND EQUIFAX AFFILIATES, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
      • However, We do not undertake to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
      • These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, provincial, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
        • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
        • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
        • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
        • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these TOU and Our Privacy Policy.
        • Be likely to deceive any person.
        • Promote any illegal activity, or advocate, promote or assist any unlawful act.
        • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
        • Impersonate any person, or misrepresent Your identity or affiliation with any person or organization.
        • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
        • Give the impression that they emanate from or are endorsed by Us or any other person or entity, if this is not the case.
      • If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement. Equifax reserves the right, in its sole discretion, to terminate the user accounts of infringers. 
      • The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Site, or by anyone who may be informed of any of its contents.

 

  1. SECURITY, COOKIES AND LINKS.  Once You have gained access to the Site, it is highly recommended that You do not leave the computer terminal until You have left the Site.  We do not warrant that any information, software or other material accessible through the Site or through links to other web sites are free of viruses, worms, Trojan horses or other harmful components. Without the use of encryption, communication through the Internet or electronic communication is not secure and privacy cannot be ensured. We do not review or approve outside sites that are or may be linked to this Site.  Links from or to Internet Web sites outside this Site are meant for convenience only and You access them at Your own risk. These links should not be construed as an endorsement, a guarantee or a recommendation of the products or services offered on those sites. We expressly disclaim any liability of any nature whatsoever arising directly or indirectly from other sites connected to the Site by hyperlink. Additional information about cookies, pixel tags, and other technology used on this Site can be found in the Privacy Policy.

 

  1. Violations. If You become aware of a breach of any part of these TOU by You, You shall take immediate action to remedy such violation, including notifying Equifax of such violation at the address set forth below.

 

  1. NOTICES.

To You. In connection with Your access to and use of the API, You must submit a working email address. You hereby agree that We may deliver notices to You via that email address. Notices delivered via email shall be deemed given and received on the transmission date of the email. We may also provide certain notices to You by posting information on the Site.

To Equifax. If You need to communicate with Equifax, notices should be sent to 5700 Yonge St., Suite 1600, Toronto, ON, M2M 4K2, Attn:  Legal Department.

 

  1. ENTIRE AGREEMENT. These TOU constitutes the entire agreement between You and Us regarding the Site. In the event that these TOU shall be translated into any language other than English, then the English language version of the TOU shall control. The headings used in these TOU are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms and conditions of use. You agree that these TOU are not intended to and do not confer any rights on any persons other than Us and You and the third-party beneficiaries, except for Suppliers and Equifax Affiliates as applicable.