4. COMPLIANCE REQUIREMENT AND APPLICABLE LAW: Client acknowledges that, in addition to the Compliance Requirements set forth in this Agreement, the FCRA, the Gramm-Leach-Bliley (“GLB”) Act (at U.S.C., §6801 et seq., as the same may be amended from time to time, and other Federal, state and local laws, statutes, regulations, rules, ordinances and/or court orders (collectively referred to as “Applicable Law”) other compliance requirements from Agency’s third party vendors (including but not limited to requirements from the credit bureau) may govern the acquisition and/or use of Consumer Report information and the Parties’ obligations under this Agreement. In addition to all other terms of this Agreement, Client represents, warrants, and certifies that:
(a) Client’s performance of this Agreement, including access to and the use of Consumer Report information, will be at all times in strict compliance with this Agreement and Applicable Law.” Client agrees to cooperate fully and unconditionally with Agency in any periodic reviews, audits, or investigations of Client’s compliance with its obligations under this Agreement and Applicable Law. Agency and/or its designee shall have the right to enter Client ‘s place of business during normal business hours and with reasonable notice to audit Client and Client shall provide access to such personnel, properties, files and records (both physical and electronic) as may be reasonable required by Agency and/or its designee for that purpose;
(b) Client will request the Reports, use information contained therein and use the Services solely for Client’s use for a “Permissible Purpose,” as the term is defined under the FCRA, and only to the limited extend set forth in Exhibit attached hereto and incorporated herein and will not request and/or use any Report, information contained therein, and the Services for any other purpose, regardless of whether permitted by law;
(c) Client has received the following documents, which are made a material part of this Agreement, and agree to comply with the requirements set forth in the said documents, as the same may be revised from time to time; (i) Prescribed Summary of Consumer Rights (Appendix A to Part 601 of the FCRA), (ii) Prescribed Notice of User Responsibility (Appendix B to Part 601 of the FCRA, (iii) Prescribed Notice of User Responsibility (Appendix C to Part 601 of the FCRA), and (iv) Prescribed Summary of Identity Theft Rights (Appendix E to Part 698 of the FCRA);
(d) Client shall obtain proper Consumer authorizations from Consumers and, when applicable, proper Consumer notification shall be provided to Consumers prior to requesting a Report from Agency, in accordance with Applicable Law. Notwithstanding the foregoing, Client will not request a Consumer Report from Agency unless it has first obtained the Consumer’s written authorization, whether or not local, state, and/or Federal law requires such written Consumer authorization. Such written authorizations shall also include language that authorizes Agency to provide an applicant’s information to various government, law enforcement, and Consumer Reporting Agencies. As the User of Consumer Reports, it is Client’s sole and exclusive responsibility to ensure compliance with all of the relevant Federal, state, and local laws governing the acquisition, use, handling, and disposition of Consumer Reports;
(e) When using Consumer Reports for employment purposes, before taking adverse action based in whole or in part on a Consumer Report, in accordance with its duties under the FCRA, Client shall provide the Consumer with a pre-advance action notification letter that is in compliance with Applicable Law, a copy of the Consumer Report and a copy of the Prescribed Summary of Consumer Rights (Appendix A to Part 601 of the FCRA);
(f) Whenever Client takes an adverse action against a Consumer that is based in whole or in part on information contained in a Consumer Report obtained from Agency, consistent with Client’s responsibilities under the Fair Credit Reporting Act and/or other Applicable Law, Client shall provide the Consumer with (i) an adverse action letter written in compliance with Applicable Law, (ii) a notice that the Consumer is to direct Consumer inquiries to the Consumer Reporting Agency that provided the Report, (iii) the name, address and telephone number (including the toll-free telephone number) of the Consumer Reporting Agency (“CRA”) that furnished the Report to Client, (iv) a statement that the Consumer Reporting Agency did not make the decision to take adverse action and is unable to provide the Consumer with the specific reasons why adverse action is taken, and (v) a summary of the Consumer’s right to obtain a free copy of the Consumer Report from the Consumer Reporting Agency that provided Client with a Report that contains information upon which adverse action is The prohibitions and restrictions set forth in this Agreement shall not prohibit Client from providing to a Consumer who is the subject of an adverse action by Client with a copy of such Report. Client shall refer all Consumers who have questions or disputes or seek disclosure of information in Agency’s and/or its affiliates “Consumer Files” to Agency’s address and/or to the toll free number for the Consumer Assistance Line. In no event will Client attempt to or hold itself out to the Consumer or the public, as being able to handle disputes on behalf of Agency’s and/or its affiliates, or to re-investigate information in Agency’s and/or its affiliates files. In no event will Client attempt to have information on a “Consumer File” changed or altered in any way, other than forwarding the Consumer to Agency’s Consumer Assistance Line.
(g) All written Consumer authorizations required by this Agreement and/or by Applicable Law, along with all adverse action letters provided to Consumers and Consumer applications, including copies of government-issued identification needed to verify the identity of the applicant, shall be retained by Client for a reasonable period of time, but not less than five (5) years, and evidence of such documents shall be made available for inspection by Agency or its designee upon demand.
(h) Except as otherwise required by Applicable Law, Client will not resell, re-use or otherwise provide or transfer Reports, information contained therein and/or the Service in whole or in part to any other person or entity;
(i) Neither Client nor its employees will request Reports relating to themselves, their families or friends, or request Consumer Report information on other persons other than as permitted by Agency, this Agreement, and Applicable Law;
(j) Client will not act or provide, at any time or in any way, and will not hold itself out as providing credit clinic, credit repair credit counseling or other similar services;
(k) In the event of a security breach, Client shall immediately notify Agency’s President in writing and comply with all compliance requirements of Applicable Law. Furthermore, in the event of a security breach of Client’s system and/or due to the fault or negligence of Client’s employees, agents and/or representatives, Client shall directly notify the affected consumer and the appropriate authorities and/or agencies and provide free credit monitoring to the consumers that were affected by such breach. Agency reserves the right to step in and take over Client’s obligations under this paragraph and Client agrees to indemnify Agency for the undertaking of such obligations;
(l) Client will not, either directly or indirectly, itself or through any agent or third party, except as authorized by Agency in writing or in a manner consistent with the provisions of this Agreement, either totally or partially; (i) compile or store the Services; (ii) copy or otherwise reproduce the information, Reports and/or documents obtained through the Services; (iii) merge the Services with any information from any person or entity that is not a Consumer Reporting Agency, and/or (iv) merge the Services with any information from another Consumer Reporting Agency, provided however that Client may obtain the Services together with credit bureau services on its own account;
(m) Client will give Agency timely written notice, time being of the essence, in the event of any change in ownership or control (including any change in control pursuant to a management contract) of Client and it will remain fully liable for the use of the Services until proper notification (at least thirty (30) days advance written notice) is provided to Agency as set forth herein; and
(n) Each of Client’s duly authorized personnel will be assigned a unique logon password to access Agency’s Services; Client and each of such duly authorized personnel shall protect account numbers and passwords used to access Agency’s Services in such a way as to be known only to such authorized personnel, and under no circumstances will unauthorized personnel have knowledge of any such account numbers or passwords. Client shall not post, in any manner, passwords or account numbers within Client’s facility. Client further agrees that account numbers and passwords are not to be discussed by telephone to any unknown caller, even if the caller claims to be n employee of Client’s or Agency’s.
Fair Credit Reporting Act: Federal Trade Commission
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