|
MILLER MENDEL, INC. PROPRIETARY AND CONFIDENTIAL
<br />accept all risk and responsibility in using such pre -loaded content, Client should delete such content from the
<br />System, and construct their own content for use in the System.
<br />5.4. The eSOPH System allows Client to externally share Applicant data and other information about
<br />Applicants from the eSOPH System. If Client or its Authorized User(s) share Applicant Data or other information
<br />about an Applicant from, or connected to the eSOPH System, Client must: (i) possess valid, signed authorization
<br />from each Applicant whose Applicant Data or information is to be shared, legally adequate to authorize Client to
<br />share such Applicant Data or information, (ii) refrain from violating any law, policy, term or rule by sharing,
<br />transmitting or otherwise disclosing such Applicant Data or information, and (iii) keep the Applicant Data and
<br />information secure and private in accordance with any and all applicable privacy laws, and other legal
<br />requirement(s) and obligation(s).
<br />5.5. Client acknowledges and understands a valuable part of the eSOPH System is the ability for Client to
<br />see if an Applicant has been entered into the eSOPH System by other MMI client(s). If Client enters an Applicant
<br />into the eSOPH System and includes the Applicant's SSN, the eSOPH System will disclose if any other MMI
<br />client has previously entered the same Applicant into the eSOPH System. Basic Applicant Data information
<br />produced to other MMI clients is limited to: Agency/entity name, position applied for, entered date, and closed
<br />date. The eSOPH System will also display the point of contact for any other agency(s) who have previously
<br />entered the Applicant into the eSOPH System. If Client purges their backgrounds from the eSOPH System, the
<br />basic information listed in this section will remain on the eSOPH System. Further information regarding another
<br />agency's entry of an Applicant, must be gained through that agency's permission and their own internal process.
<br />5.6. In the event MMI learns of a data security breach, MMI will make every effort to notify Client within
<br />24 -hours of learning of the breach. Notification will be made to the Client's Primary Administrative User or
<br />representative listed in Exhibit A to this Agreement, via telephone, and also email. Notifications will only be
<br />made when an actual breach has occurred; if the data is encrypted, by industry standards, no breach is considered
<br />to have occurred and no notification will be made. At the request of Client, and only with Client's cooperation
<br />and assistance, MMI will work together with law enforcement and other personnel in connection with the
<br />unauthorized access into the eSOPH System. MMI takes the privacy and security of data seriously, and works
<br />diligently to ensure all data is properly and adequately protected. Clients are encouraged to review MMI's eSOPH
<br />Security Overview, which is updated as needed by MMI.
<br />5.7. Client owns all Client Data entered into the eSOPH System by its Authorized Users and its Applicants,
<br />including Applicant Data entered in response to the Client's request for information to process an Applicant's
<br />background investigation.
<br />5.8. Without limiting Client's rights to Client Data and Applicant Data under Section 5.8, MMI may retain
<br />and store the following data: Applicant name, Applicant telephone number, Applicant mailing address, Applicant
<br />email address, Applicant SSN, Applicant date of birth, date the Applicant was entered into the eSOPH System,
<br />Applicant's background investigation close date, position Applicant has applied for with Client, and the legal
<br />agreements (e.g., MMI's Terms of Use and Privacy Policy) related to any Authorized User's or Applicant's use
<br />of the eSOPH System. MMI must retain information to be able to contact and update Authorized Users and
<br />Applicants in accordance with the law regarding changes in Terms of Use and the Privacy Policy.
<br />5.9. In performance of this Agreement, the Parties may directly or indirectly disclose to each other
<br />confidential information, proprietary information, or confidential data ("Confidential Information").
<br />"Confidential Information" shall include any data and/or information that is identified by either Party as
<br />confidential (either orally or in writing) or is of such a nature that a reasonable person would understand such
<br />information to be confidential, including, but not limited to, personal information of employees, Applicants, and
<br />other Authorized Users, including but not limited to, images, names, addresses, Social Security numbers, e-mail
<br />addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data,
<br />law enforcement records, educational records or other information identifiable to a specific individual that relates
<br />to any of these types of information ("Personally Identifiable Information" or "PII").
<br />MASTER SOFTWARE LICENSE & SERVICES AGREEMENT PAGE 6 OF 17
<br />Version: August 27, 2015 — Santa Ana PD Only
<br />
|