The Work Number. Automated Income Check (AIC) i. Use of Data – Client certifies that it will not share the data provided by the income services with any third-party, including lenders. Client is strictly prohibited from sharing data provided by the Automated Income Check service to clear stipulations. ii. Compliance with Laws – Client will comply with all applicable laws, statutes, and regulations regarding the Services. Where applicable client will comply with Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act, 15 U.S.C. Sec. 6801 et seq. ("GLB") and the implementing regulations issued thereunder and any other applicable statutes or federal laws, client will not use or disclose any information other than in accordance with Section 6802(c) or with one of the General Exceptions of Section 6802(e) of the GLB and applicable regulations and all other Privacy Laws. iii. Client Obligations - Client shall comply with the terms set forth in this Agreement including the MSA which this agreement is attached. a. Client certifies that it will order data from the service only when client intends to use the Data (i) in accordance with the Fair Credit Reporting Act ("FCRA") and all state law FCRA counterparts as though the data is a consumer report, and (ii) for one of the following FCRA permissible purposes; (1) in connection with a credit transaction involving the Consumer on whom the data is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer, (2) in connection with the underwriting of insurance involving the Consumer, (3) as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with an existing credit obligation, (4) in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status, (5) when client otherwise has a legitimate business need for the information either in connection with a business transaction that is initiated by the Consumer, or to review an account to determine whether the Consumer continues to meet the terms of the account; or (6) for employment purposes and for no other purpose. Client agrees to only use the data consistent with the obligations of users of consumer reports as provided for in the Consumer Financial Protection Bureau (the "CFPB")'s Notice Form attached as Exhibit 1. Client certifies that before ordering data to be used in connection with employment purposes, it will clearly and conspicuously disclose to the subject Consumer, in a written document consisting solely of the disclosure, that client may obtain data for employment purposes and will also obtain the Consumer's written authorization to obtain or procure data relating to that Consumer. Subscriber further certifies that it will not take adverse action against the consumer based in whole or in part upon the data without first providing to the Consumer to whom the Data relates a copy of the data and a written description of the Consumer's rights as prescribed by the CFPB, and also will not use any Data in violation of any applicable federal or state equal opportunity law or regulation. Client acknowledges that it is familiar with the consumer rights summary as prescribed by the CFPB. b. Client certifies that it will comply with applicable provisions under Vermont law. Client certifies that it will order data relating to Vermont residents only after client has received prior Consumer consent in accordance with VFCRA Section 2480e and applicable Vermont Rules. c. Client may use the data provided through the Service only as described in this Agreement. Client may reproduce or store the data obtained from the Service solely for its own use in accordance with this Agreement, and will hold all data obtained from the Service under this Agreement in strict confidence and will not reproduce, reveal, or make it accessible in whole or in part, in any manner whatsoever, to any others unless required by law, or unless client first obtains NCC's written consent; provided, however, that client may discuss Consumer Data with the data subject when client has taken adverse action against the subject based on the data. Client will not provide a copy of the Data to the Consumer, except as may be required or permitted by law or approved in writing by NCC, except in any state where this contractual prohibition would be invalid. Client will refer Consumer to NCC/Equifax whenever the Consumer disputes the data provided by the client. Client will not interpret the failure of NCC/Equifax to return data as a statement regarding the Consumer’s creditworthiness, because the failure may result from one or more factors unrelated to creditworthiness. d. Client will comply with the provisions of the FCRA, the Federal Equal Credit Opportunity Act, as amended (the "ECOA''), all state law counterparts of them, and all applicable regulations promulgated under any of them, including, without limitation, any provisions requiring adverse action notification to the Consumer. e. Client acknowledges it shall employ decision-making processes appropriate to the nature of the transaction and in accordance with industry standards and will use the data as part of its processes. f. Client may access, use and store the data only at or from locations within the territorial boundaries of the United States, Canada, and the United States territories of Puerto Rico, Guam and the Virgin Islands (the "Permitted Territory"). Client may not access, use or store the data or NCC Confidential Information at or from, or send the data or Confidential Information to, any location outside of the Permitted Territory without client first obtaining NCC's written permission. g. Client may not allow a third-party service provider (hereafter "Service Provider'') to access, use, or store the Service or data on its behalf without first obtaining NCC's written permission. h. In order to ensure compliance with this Agreement, applicable law and NCC policies, NCC may conduct reviews of client’s activities, from time to time, during normal business hours, at all locations containing relevant records, with respect to client's requests for data and/or its use of data. Client shall provide documentation within a reasonable time to NCC as reasonably requested for purposes of such review. Client (i) shall cooperate fully with any and all investigations by NCC of allegations of abuse or misuse of the Services and allow NCC to access its premises, records, and personnel for purposes of such investigations if NCC deems such access is necessary to complete such investigation(s), (ii) agrees that any failure to cooperate fully and promptly in the conduct of any audit constitutes grounds for immediate suspension of the Service and/or termination of the Agreement, and (iii) shall promptly correct any discrepancy revealed by such investigation(s).
Appears in 3 contracts
Sources: Master Services Agreement, Master Services Agreement, Master Services Agreement
The Work Number. Automated Income Check (AIC)
i. Use of Data – Client certifies that it will not share the data provided by the income services with any third-party, including lenders. Client is strictly prohibited from sharing data provided by the Automated Income Check service to clear stipulations.
ii. Compliance with Laws – Client will comply with all applicable laws, statutes, and regulations regarding the Services. Where applicable client will comply with Title V of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act, 15 U.S.C. Sec. 6801 et seq. ("GLB") and the implementing regulations issued thereunder and any other applicable statutes or federal laws, client will not use or disclose any information other than in accordance with Section 6802(c) or with one of the General Exceptions of Section 6802(e) of the GLB and applicable regulations and all other Privacy Laws.
iii. Client Obligations - Client shall comply with the terms set forth in this Agreement including the MSA which this agreement is attached.
a. Client certifies that it will order data from the service only when client intends to use the Data (i) in accordance with the Fair Credit Reporting Act ("FCRA") and all state law FCRA counterparts as though the data is a consumer report, and (ii) for one of the following FCRA permissible purposes;
(1) in connection with a credit transaction involving the Consumer on whom the data is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer, (2) in connection with the underwriting of insurance involving the Consumer, (3) as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with an existing credit obligation, (4) in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status, (5) when client otherwise has a legitimate business need for the information either in connection with a business transaction that is initiated by the Consumer, or to review an account to determine whether the Consumer continues to meet the terms of the account; or (6) for employment purposes and for no other purpose. Client agrees to only use the data consistent with the obligations of users of consumer reports as provided for in the Consumer Financial Protection Bureau (the "CFPB")'s Notice Form attached as Exhibit 1. Client certifies that before ordering data to be used in connection with employment purposes, it will clearly and conspicuously disclose to the subject Consumer, in a written document consisting solely of the disclosure, that client may obtain data for employment purposes and will also obtain the Consumer's written authorization to obtain or procure data relating to that Consumer. Subscriber further certifies that it will not take adverse action against the consumer based in whole or in part upon the data without first providing to the Consumer to whom the Data relates a copy of the data and a written description of the Consumer's rights as prescribed by the CFPB, and also will not use any Data in violation of any applicable federal or state equal opportunity law or regulation. Client acknowledges that it is familiar with the consumer rights summary as prescribed by the CFPB.
b. Client certifies that it will comply with applicable provisions under Vermont law. Client certifies that it will order data relating to Vermont residents only after client has received prior Consumer consent in accordance with VFCRA Section 2480e and applicable Vermont Rules.
c. Client may use the data provided through the Service only as described in this Agreement. Client may reproduce or store the data obtained from the Service solely for its own use in accordance with this Agreement, and will hold all data obtained from the Service under this Agreement in strict confidence and will not reproduce, reveal, or make it accessible in whole or in part, in any manner whatsoever, to any others unless required by law, or unless client first obtains NCC's written consent; provided, however, that client may discuss Consumer Data with the data subject when client has taken adverse action against the subject based on the data. Client will not provide a copy of the Data to the Consumer, except as may be required or permitted by law or approved in writing by NCC, except in any state where this contractual prohibition would be invalid. Client will refer Consumer to NCC/Equifax whenever the Consumer disputes the data provided by the client. Client will not interpret the failure of NCC/Equifax to return data as a statement regarding the Consumer’s creditworthiness, because the failure may result from one or more factors unrelated to creditworthiness.
d. Client will comply with the provisions of the FCRA, the Federal Equal Credit Opportunity Act, as amended (the "ECOA''), all state law counterparts of them, and all applicable regulations promulgated under any of them, including, without limitation, any provisions requiring adverse action notification to the Consumer.
e. Client acknowledges it shall employ decision-making processes appropriate to the nature of the transaction and in accordance with industry standards and will use the data as part of its processes.
f. Client may access, use and store the data only at or from locations within the territorial boundaries of the United States, Canada, and the United States territories of Puerto Rico, Guam and the Virgin Islands (the "Permitted Territory"). Client may not access, use or store the data or NCC Confidential Information at or from, or send the data or Confidential Information to, any location outside of the Permitted Territory without client first obtaining NCC's written permission.
g. Client may not allow a third-party service provider (hereafter "Service Provider'') to access, use, or store the Service or data on its behalf without first obtaining NCC's written permission.
h. In order to ensure compliance with this Agreement, applicable law and NCC policies, NCC may conduct reviews of client’s activities, from time to time, during normal business hours, at all locations containing relevant records, with respect to client's requests for data and/or its use of data. Client shall provide documentation within a reasonable time to NCC as reasonably requested for purposes of such review. Client (i) shall cooperate fully with any and all investigations by NCC of allegations of abuse or misuse of the Services and allow NCC to access its premises, records, and personnel for purposes of such investigations if NCC deems such access is necessary to complete such investigation(s), (ii) agrees that any failure to cooperate fully and promptly in the conduct of any audit constitutes grounds for immediate suspension of the Service and/or termination of the Agreement, and (iii) shall promptly correct any discrepancy revealed by such investigation(s).. National Credit Center. Master Services Agreement Terms and Conditions. Revised 12-18-2024
Appears in 1 contract
Sources: Master Services Agreement