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MILLER MENDEL, INC. (4)
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MILLER MENDEL, INC. (4)
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Last modified
7/13/2023 4:27:25 PM
Creation date
7/13/2023 4:26:19 PM
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Contracts
Company Name
MILLER MENDEL, INC.
Contract #
N-2023-171
Agency
Police
Expiration Date
7/5/2024
Destruction Year
2029
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INC. <br />assuring the secure and confidential manner in which Client stores, delivers, and transmits SIC Services to its <br />Authorized Users <br />13.4 Client Use of SIC Services. For each SIC Report requested, Client shall (i) identify the end -user <br />of the SIC Report; (ii) certify the purpose for which the SIC Report will be used; and (iii) certify that the SIC Report <br />will be used for no other purpose <br />13.5 Compliance with Laws. Client agrees that compliance with all federal, state, and local laws, rules, <br />ordinances, and regulations (collectively, "Applicable Laws") applicable to (i) Client's access, collection, storage, <br />transmission, receipt and use or obtaining of the SIC Reports or Applicant Data, (ii) the particular industry in which <br />Client does business, and/or (iii) Client's business operations or structure, is the sole responsibility of Client. <br />Without limiting the foregoing, Client agrees to comply with all applicable requirements of the Fair Credit Reporting <br />Act, 15 U.S.C. 1681 et seq. ("FCRA") and further agrees to the following: <br />13.5.1 Client certifies that it is a user of `consumer reports' and will only use SIC Reports for <br />"employment purposes" and no other (as those terns are defined in 15 U.S.C. § 1681(a)). <br />13.5.2 Client must comply with all applicable procedures and requirements of the FCRA and <br />applicable state law, including, but not limited to: (i) providing a proper disclosure, (ii) obtaining a written <br />authorization, (iii) providing a certification to MMI that it will comply with the FCRA and will not use the SIC <br />Reports in violation of any EEO law or regulation, and (iv) following the adverse action requirements set forth in <br />the FCRA and applicable state laws. Client agrees to take all reasonable measures to enforce said requirements. <br />13.5.3 Client, and not MMI, is solely responsible for compliance under the FCRA. <br />13.5.4 To the extent permitted by law, Client agrees to defend, indemnify and hold MMI and <br />SCI harmless from any and all claims or damages related to the SIC Reports or arising from adverse actions (as <br />set forth in Section 7.2 herein) by Client against Applicant based on eSOPH's SIC Services. <br />13.6 Notice and Consent. In using the SIC Services, Client shall comply with all applicable privacy <br />and data security laws and the respective, then -current privacy policies of MMI and SIC, as applicable. Without <br />limiting the foregoing, Client certifies that: <br />13.6.1 Client will ensure that prior to procurement or to causing the procurement of an SIC <br />Report for employment purposes: (i) a clear and conspicuous disclosure has been made in writing to Applicant in <br />a document that consists solely of the disclosure that an SIC Report may be obtained for employment purposes; <br />and (ii) Applicant has authorized in writing the procurement of the report by Client; <br />13.6.2 Client is solely responsible for retaining and will retain all executed Applicant <br />authorization agreements. Client will provide MMI a fully legible copy of Applicant authorization agreements if <br />so requested by MMI within five calendar days of MMI's request; and <br />13.6.3 Client will provide any legally required notices or disclosures and will obtain legally <br />adequate consent from all Applicants as required by Applicable Laws. <br />13.7 Employment Decisions Based on an SIC Report. Client certifies that, if required under the <br />FCRA, before taking any adverse action based in whole or in part on the SIC Report generated by SIC Services for <br />employment purposes, Client will provide to the Applicant about whom the report relates (i) a copy of the report, <br />(ii) a description in writing of the rights of Applicant as prescribed under the FCRA; and (iii) a 'statement that <br />information from the SIC Report and the SIC Services will not be used in violation of any applicable federal or state <br />equal employment opportunity law or regulation. Client agrees it is solely responsible for any adverse actions taken <br />against an Applicant and for Client's compliance under the FCRA. <br />13.8 SIC Services Permitted Use. Client represents and warrants to MMI that it shall only access and <br />use the SIC Services for Client's own internal business and solely in the manner explicitly permitted in the <br />Agreement. Client agrees that it shall not: <br />MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT ("MSSSA") PAGE 19 OF 24 <br />Version: May 30, 2023 <br />
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