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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 />14.2 Applicant Data. Data transmitted by an Applicant or by a Client about an Applicant to the eSOPH <br />System that is used for the Experian Services is Applicant Data. For Applicant Data used for the Experian Services, <br />the Parties agree to each, at minimum, meet the requirements set forth in 16 C.F.R. § 314.4, and take all necessary <br />steps reasonably designed to (i) ensure the security and confidentiality of Experian Services and Applicant Data, (ii) <br />protect against any anticipated threats or hazards to the security or integrity of the Experian Services and Applicant <br />Data, and (iii) protect against unauthorized access to or use of such information that could result in substantial harm <br />or inconvenience to any Applicant. <br />14.3 Fair Credit Reporting Act. Client agrees that Client, not MMI, is solely responsible for <br />compliance under the Fair Credit Reporting Act of 1996, as amended (15 US Code 1681) ("FCRA"). Client further <br />acknowledges and agrees as follows: <br />14.3.1 Client agrees and understands that it must comply with the "FCRA Requirements" notice <br />and Experian's "Access Security Requirements." Client agrees to take all reasonable measures to enforce said <br />requirements. <br />14.3.2 Client acknowledges receipt of a copy of the Summary of Consumer Rights prescribed <br />by the Bureau of Consumer Financial Protection ("Bureau") under Section 609(c)(I) of the FCRA and agrees to <br />attach a copy of such Summary of Consumer Rights to each Credit Report used for employment purposes as <br />required by Section 604(b)(3)(A)(ii) of the FORA. <br />14.3.3 Client certifies it will request and use the Experian Services strictly in accordance with <br />FCRA. Without limiting the foregoing, Client certifies that it will request and use the Experian Services solely in <br />connection with (i) a single credit transaction with a consumer, or, if applicable, for another "permissible purpose" <br />as defined by the FCRA; and (ii) transactions involving the consumer about whom such information is sought and <br />will not request or use such Experian Services for purposes prohibited by law. Client further certifies that it will <br />comply with all requirements of the FCRA applicable to it. If Applicant makes a timely request to Client, Client <br />may share the contents of Applicant's report with Applicant as long as Client does so without charge and only <br />after authenticating Applicant's identity. <br />14.3.4 Client agrees it is solely responsible for and subject to compliance under all federal, state <br />and local laws, rules and regulations applicable to Client's access, collection, storage, transmission, receipt, and <br />use of the Experian Services and data. Further, Client shall comply with the FCRA. <br />14.4 Notice and Consent. In using the Experian Services, Client shall comply with all applicable laws, <br />including but not limited to FCRA and applicable privacy and data security laws. Without limiting the foregoing, <br />Client certifies that: <br />14.4.1 Client will ensure that prior to procurement or to causing the procurement of a Credit <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 a Credit Report may be obtained for employment purposes; <br />and (ii) Applicant has authorized in writing the procurement of the report by Client; <br />14.4.2 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 />14.4.3 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 />14.5 Death Master File. Client acknowledges that Experian Services may contain information from the <br />Death Master File as issued by the Social Security Administration. Pursuant to Section 203 of the Bipartisan Budget <br />Act of 2013 and 15 C.F.R. § It 10.102, Client certifies that, consistent with its applicable FCRA or Gramm -Leach - <br />Bliley Act use of Experian Services, Client's use of deceased flags or other indicia within the Experian Services is <br />restricted to legitimate fraud prevention or business purposes in compliance with applicable laws, rules, regulations <br />or fiduciary duty, as such business purposes are interpreted under 15 C.F.R, § 1110.102(a)(1). Client further certifies <br />MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT ("MSSSA") PAGE 21 OF 24 <br />Version: May 30, 2023 <br />
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