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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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MILLER MENDEL, INC. <br />that it will not take adverse action against any Applicant without further investigation to verify the information from <br />the deceased flag or other indicia within the Experian Services. <br />14.6 Employment Decisions Based on Credit Report. Client certifies that, before taking any adverse <br />action based in whole or in part on the Credit Report generated by Experian Services for employment purposes, <br />Client will provide to the Applicant about whom the report relates (i) a copy of the report, (ii) a description in writing <br />of the rights of Applicant as prescribed by the Bureau under the FCRA; and (iii) a statement that information from <br />the Credit Report and the Experian Services will not be used in violation of any applicable federal or state equal <br />employment opportunity law orregulation. Client agrees it is solely responsible for any adverse actions taken against <br />an Applicant and for Client's compliance under the Bureau and FCRA. In addition to any other indemnification <br />provisions of this Agreement, Client agrees to defend and hold MMI harmless from all claims or damages arising <br />from adverse actions by Client against Applicant arising from use of eSOPH's Experian Services. <br />14.7 Experian Services Permitted Use. Client represents and warrants to MMI that it shall only access <br />and use the Experian 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 />14.7.1 change, modify, copy, add code to, create derivative works based on any aspect of, or <br />otherwise alter the Experian Services in any manner; <br />14.7.2 reverse engineer; disassemble; decompile; in any way attempt to recreate, obtain, <br />perceive or derive the source code of; or translate the Experian Services; <br />14.7.3 use, transform, modify, assess or adapt the Experian Services for use for any other <br />purpose, including but not limited to assist in the development or functioning of any product or service that is <br />competitive, in part or in whole, with any existing or reasonably anticipated product or service of Experian; <br />14.7.4 distribute, publish, transmit or disseminate in any form or by any means (including but <br />not limited to via the internet) any part of the Experian Services or data; <br />14.7.5 allow any third party to access the Experian Services; <br />14.7.6 sell, sublicense, resell, lease, rent, time-share or otherwise transfer any of the Experian <br />Services or data; <br />14.7.7 use the Experian Services or data to identify or solicit potential customers for its products <br />or services; <br />14.7.8 use the Experian Services to send or store infringing, obscene, threatening, libelous, or <br />otherwise unlawful or tortious material, including material harmful to children, or violate third -party privacy <br />rights; and <br />14.7.9 gain or attempt to gain unauthorized access to; disrupt the integrity or performance of; or <br />damage, disable, overburden or impair the operation of the Experian Services or the data contained therein. <br />14.8 Experian Services Use Restrictions. Client agrees that it will not, either directly or indirectly, <br />itself or through any agent or third -party request, compile, store, maintain, resell or use the Experian Services <br />(including any of the information contained in the Credit Report) to build its own credit reporting database. Client <br />shall be solely responsible for assuring the secure and confidential manner in which it stores, delivers, and transmits <br />Experian Services to its Authorized Users. <br />14.9 Notification of Security Breach. In addition to any other data breach and/or safeguards provisions <br />of this Agreement, in the event Client determines that physical or electronic safeguards have been breached or that <br />any other unauthorized access to Applicant Data has occurred (in each case, a "Breach") that directly affect <br />provision of the Experian Services, Client shall notify MMI of the Breach within 24 hours of discovery. Such notice <br />shall be in writing and shall include all information known by Client as of the date and time of notification. <br />MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT ("MSSSA") PAGE 22 OF 24 <br />Version: May 30, 2023 <br />
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