Compliance Registration Services
Customers engaging Gryphon to provide compliance Services must, at all times, remain in compliance with laws and regulations requiring Customer to subscribe, acquire or purchase federal, state, and private do-not-call or other do-not-contact lists or data.
Additionally, Customer is required to provide Gryphon with its federally assigned Subscription Account Number (SAN) and Organizational ID associated with Customer’s subscription to the U.S. National Do-Not-Call Registry (NDNCR) and, if applicable, the Canadian National Do-Not-Call List (DNCL). If Customer claims an exemption for the NDNCR or the DNCL, Customer agrees to provide documentation for such exemption as may be required. Customer shall also provide Gryphon with supporting information and documentation associated with Customer’s purchase of state do-not-call lists and any similar privately maintained lists upon request.
DNC List Subscription Services
Gryphon State DNC List Subscription Services is an administrative service provided by Gryphon to facilitate Customer’s compliance with state, federal (U.S.) and private do-not-call (DNC) list subscription requirements. Specifically, Gryphon shall: (i) identify list subscription requirements based on Customer identified geographies where Customer is telemarketing; (ii) identify associated state bonding and registered agent requirements; (iii) if applicable, assist Customer with completing list subscription requirements for Customer’s separate divisions, subsidiaries or affiliates to access to the National DNC Registry; (iv) facilitate completion of the on-line registration process for the National DNC Registry; (v) solicit Customer’s proprietary information in order to complete list subscription applications; (vi) mail Customer’s completed state and privately maintained list subscription applications and associated list purchase fees via U.S. Certified Mail or courier service to appropriate recipients; (vii) enter and maintain Customer’s list expiration and renewal dates via Gryphon’s proprietary DNC List Subscription on-line tracking site, which shall be accessible to Customer via password protected web access; and, (viii) provide Customer advance notice of list subscription expirations. Gryphon will invoice and collect from Customer, as a pass-through charge, all fees prescribed by state and federal regulators for list subscriptions, bonding, and registered agent requirements, and remit such fees to the applicable regulators on Customer’s behalf.
Telemarketer Registration Service (TRS)
Gryphon Telemarketer Registration Service is an administrative service provided by Gryphon to facilitate Customer's compliance with state regulations requiring Customer to periodically register as a telephone solicitor before making a telephone solicitation to state residents. Specifically, Gryphon will: (i) complete states applications based on Customer’s identified geographies where Customer is telemarketing; (ii) complete bonding applications in conjunction with registration as a telephone solicitor; (iii) solicit Customer's proprietary information in order to complete telephone solicitor registration applications; (iv) submit Customer's completed telephone solicitor registration and bonding applications and required telephone solicitor registration fees via U.S. Certified Mail or courier service to appropriate state agencies; (v) enter and maintain Customer's telephone solicitor registration expiration and renewal dates via Gryphon's proprietary TRS on-line tracking site, which shall be accessible to Customer via password protected web access; and (vi) provide Customer advance notice of state telephone solicitor registrations expirations. Gryphon will invoice and collect from Customer, as a pass-through charge, all fees prescribed by state and federal regulators associated with registering as a telephone solicitor including any applicable bonding requirements, and remit such fees to the applicable regulators on Customer’s behalf.
State Telemarketing Registration Analysis
State Telemarketing Registration Analysis Service is an administrative and advisory service provided by Gryphon to assist Customer in evaluating its obligations under state telemarketing registration laws and determining where registration or exemptions apply prior to engaging in telephone solicitation activities. Specifically, Gryphon will: (i) provide Customer with a client-facing questionnaire designed to collect information regarding Customer’s telemarketing activities, business model, geographic scope, and use of vendors; (ii) review and analyze Customer’s responses and supporting information to identify relevant operational and regulatory considerations; (iii) conduct a state-by-state analysis of telemarketing statutes, rules, and regulatory requirements as applied to Customer’s specific activities; (iv) assess applicability of state registration and licensing requirements, including identification of available exemptions and conditional requirements; (v) prepare and deliver to Customer a written report summarizing the results of the analysis, including categorization of states as exempt, conditionally exempt, or non-exempt (registration required), along with a high-level explanation of the basis for each determination; and (vi) provide general compliance observations and recommended next steps based on the analysis as applicable.
Customer shall be responsible for the accuracy and completeness of all information provided to Gryphon and acknowledges that the analysis and report are based solely on such information. Customer further acknowledges that Gryphon does not submit registration applications or filings under this service and that Customer remains solely responsible for complying with all applicable state and federal telemarketing laws and for completing any required registrations, filings, or bonding obligations identified in the report.
Gryphon ONE Platform
Compliance Registration Services Service-Specific Terms
Customer and Customer’s authorized users shall not utilize Gryphon’s Services to attempt to contact a telephone number associated with any U.S. or foreign jurisdiction for which Customer has not purchased private, state or National Do-Not-Call Registry contact data. Additionally, Customer and Customer’s authorized users shall not use Gryphon Services to: (i) place calls to jurisdictions outside the U.S or Canada, (ii) transmit false, defective, or misleading caller ID information, or (iii) place any prerecorded or automated voice telephone calls. Customer will defend, indemnify, and hold Gryphon, its affiliates, directors, employees and agents and their successors and assigns harmless from any liability, claim, demand, suit, or action to the extent that it is based on Customer’s failure to comply with all laws, statutes and regulations applicable to sales and marketing activities, including do-not-contact list subscription requirements.
Customer understands and acknowledges that Gryphon obtains or may obtain do-not-call, do-not-email, do-not-text, do-not-mail, do- not-fax, wireless telephone number, and business telephone number data and lists from government bodies, private sources, and/or directly from Customer. Gryphon does not own nor control the data and information it is provided by such third-party sources and bears no responsibility for any deficiencies or inaccuracies contained in such data at the time it is provided to Gryphon. Service output reflects such do-not-contact data, Customer Data and legal requirements existing at the time-of-Service utilization by Customer.
RULES AND REQUIREMENTS ASSOCIATED WITH THE PURCHASE OF DNC LISTS ARE SUBJECT TO CHANGE WITHOUT NOTICE. PLEASE DO NOT ACT (OR REFRAIN FROM ACTING) BASED UPON THIS INFORMATION WITHOUT THE ADVICE OF INDEPENDENT LEGAL COUNSEL.
PLEASE NOTE THAT THE FEDERAL TRADE COMMISSION (FTC), FEDERAL COMMUNICATION COMMISSION (FCC), STATE AUTHORITIES AND THE DIRECT MARKETING ASSOCIATION (DMA) PROHIBIT THE SHARING OF DO-NOT-CALL (DNC) LISTS OR DNC DATA CONTAINED THEREIN. THOSE WHO VIOLATE SUCH PROHIBITIONS MAY EXPOSE THEMSELVES TO LEGAL ACTION, FINES, PENALTIES AND OTHER SANCTIONS.
THE SERVICES DESCRIBED HEREIN ARE DESIGNED SOLELY TO ADMINISTRATIVELY FACILITATE CUSTOMER’S ABILITY TO PURCHASE LEGALLY REQUIRED STATE AND FEDERAL DNC LISTS. SUCH SERVICES ARE NEITHER DESIGNED NOR INTENDED TO SUPPORT OR ENSURE COMPLIANCE WITH ANY OTHER STATE OR FEDERAL LEGAL REQUIREMENT GOVERNING SALES AND MARKETING ACTIVITIES, INCLUDING WITHOUT LIMITATION LAWS THAT REQUIRE A BUSINESS OR INDIVIDUAL TO REGISTER AS A TELEPHONE SOLICITOR IN A JURISDICTION PRIOR TO CONTACTING CONSUMERS WITHIN THAT JURISDICTION. CUSTOMER IS SOLELY RESPONSIBLE FOR USING GRYPHON’S SERVICES IN A LEGALLY COMPLIANT MANNER AND SHOULD CONSULT INDEPENDENT LEGAL COUNSEL FOR REGULATORY COMPLIANCE ADVICE PRIOR TO UTILIZING SUCH SERVICES, AS NEEDED.