TrustedForm & TCPA Guardian Use Policy for Lead Sellers, Aggregators, & Platforms

Purpose

This policy governs the use and sharing of retained TrustedForm Certificates, TCPA Guardian reports, playbacks, and related compliance documentation (“Compliance Documentation”).

The company contacting the consumer is responsible for verifying consent and maintaining its own compliance program. Companies receiving the benefit of consent verification should contract directly for those services.

Accordingly, customers may not use TrustedForm or TCPA Guardian to provide compliance benefits to third parties unless the customer is an authorized reseller or partner operating under a written agreement with ActiveProspect governing such use.

General Use Principles

Compliance Responsibility Stays with the Contacting Party

The company contacting the consumer is responsible for validating consent and maintaining supporting documentation.

Lead sellers - including publishers, lead generators, aggregators, and platforms - may not represent that their use of TrustedForm or TCPA Guardian satisfies a buyer’s compliance obligations.

Examples of prohibited conduct include:

• Telling buyers: “You do not need your own TCPA compliance provider because we already have one.”
• Bundling compliance documentation into lead sales.
• Allowing buyers to rely on the seller’s access to compliance services.

Acceptable conduct includes requiring your buyer to independently contract with ActiveProspect for consent documentation.

Services Are Licensed Only to the Contracting Customer

Our agreements provide that services are for the benefit of the contracting customer only.

Customers may not transfer, sublicense, bundle, or otherwise extend the benefit of these services to third parties without prior written approval.

TrustedForm Certificates

TrustedForm Certificates are governed by the TrustedForm Certify Web SDK End User License Agreement (EULA). For purposes of this policy, “Retained TrustedForm Certificates” means TrustedForm Certificates that have been retained, stored, or otherwise preserved through a paid TrustedForm retention or storage service beyond standard access availability.

The EULA provides that Retained TrustedForm Certificates may not be transferred, assigned, distributed, or resold to any third party.

Permitted

• Internal compliance use
• Responding directly to consumer complaints
• Producing documentation in response to subpoenas or legal requirements

Prohibited

• Sharing Retained Certificates with your customers to satisfy their compliance use
• Reselling or redistributing Retained TrustedForm Certificates
• Bundling Retained Certificates as a value proposition into any commercial or free offering to any third party.
• Treating Retained TrustedForm Certificates as transferable rights

TCPA Guardian Reports & Playbacks

TCPA Guardian reports and playbacks are governed by the applicable Master Agreement and report terms.

The agreements prohibit sharing report data or outputs with third parties except as legally required or as necessary to support the contracted customer’s own compliance, legal, or dispute-resolution activities, such as disclosures to attorneys, courts, regulators, or governmental authorities. Clients, lead buyers and other commercial third parties are not considered permitted recipients absent express written authorization.

Permitted

• Internal compliance and investigation
• Responding to consumer complaints
• Sharing where legally required
• Sharing with authorized service providers supporting the customer’s internal compliance operations as permitted by agreement
• Sharing with clients, lead buyers, or other commercial recipients only where expressly authorized under a written reseller, partner, or other commercial agreement with ActiveProspect governing such distribution and use

Prohibited

• Providing reports or playbacks to your Customers as a substitute for their own compliance services
• Bundling access into lead sales
• Reselling or redistributing compliance outputs

Data Ownership Clarification

A customer that captures data through collection technologies (including Create scripts) owns the underlying data collected and may share that data and associated identifiers (such as LeadID or TrustedForm Certificate URL).

However, ownership of collected data does not grant rights to share retained TrustedForm Certificates, TCPA Guardian reports, playbacks, or other compliance outputs, which remain subject to contractual restrictions.

Exceptions

Compliance Documentation may only be shared:

1. As required by law or legal process;
2. In response to a consumer complaint;
3. With authorized service providers as permitted by agreement; or
4. With prior written approval.

All other sharing or transfer is prohibited.