New Account Setup Information

Electronic Account Master Subscriber Agreement

GENERAL TERMS AND CONDITIONS:

Customer Responsibilities:

1. Provide USAFact with ALL applicant information to be searched, including but not limited to:
   • DOB information
   • Social Security Number
   • Address information via USAFact’s online software
2. To act responsibly and follow correct pre-adverse and adverse action procedures in addition to any and all procedures necessary to confirm a positive match between employee/applicant and any adverse information identified by conducting the background.
3. In the event of a data entry error on your part, you shall pay for the services USAFact has started to process using the erroneous
4. Provide USAFact with a copy of all required applicant consent and authorization documentation upon request.

SUBSCRIBER AGREEMENT

This agreement is made and entered into by and between USAFact, Inc., a California Corporation, (its parent, subsidiaries, predecessors, successors, affiliates, directors, officers, fiduciaries, insurers, employees, and agents (collectively referred to as USAFact) with its principal offices at 6240 Box Springs Blvd, Riverside, California 92507 and client (its parent, subsidiaries, predecessors, successors, affiliates, directors, officers, fiduciaries, insurers, employees, and agents, and contractors authorized to conduct background screening, collectively referred to as Customer) requesting services from USAFact . Customer certifies that it is not a PI Agency or Credit Repair Clinic.

USAFact is a consumer-reporting agency and provides consumer reports and investigative consumer reports, (Background Screening Reports or Reports) as defined by the Fair Credit Reporting Act (FCRA), 15 U.S.C., &1681 et. seq. USAFact agrees to furnish to Customer upon the Customer’s request background screening information in connection with pre-employment and post-employment candidate screening (SmartHire), tenant screening (USATenant), or evaluation of credit worthiness (LendFact).

This Agreement sets forth the terms and conditions pursuant to which USAFact shall provide Background, Credit, and/or Drug Screening Services. USAFact, in its sole discretion, may alter its provision of any Service upon notice to Customer, provided that such alteration does not result in a material adverse change in the Service, as determined in accordance with industry standards. This Agreement shall be effective on the date that this Agreement is executed by both USAFact and Customer. Agreement is deemed executed when customer checks “Yes, I agree” next to “I have read and agree to all of the terms and conditions” and clicks the “Submit” button below these terms and conditions.

1. RESPONSIBILITY OF CUSTOMER
   • Customer agrees to maintain the confidentiality and integrity of all information provided by USAFact; information includes but is not limited to Investigative Background Reports, Account Numbers, Passwords and any other information requested or received from or through USAFact. Additionally, Customer agrees it is the end user, as defined by the FCRA, of any Reports and guarantees it will not sell, display, or in any way distribute reports to third parties except in response to subpoena, court order, or otherwise as required by law, unless otherwise specifically authorized by the subject of the report to do so. Reports for Customer regarding information on candidates or employees will be requested only by Customers’ designated representative(s) for a one-time use only. Candidates and employees will be forbidden to attempt to obtain reports on themselves, associates, or any other person except in the exercise of their official duties, when so authorized by Customer or when in compliance with state and federal statutes.
   • USAFact processes all requests from Customer in good faith and Customer agrees that all information submitted to USAFact is truthful and accurate to the best of their knowledge, and that reasonable effort will be made to confirm the identity of the candidate being screened. Furthermore, Customer affirms that each request they submit will comply fully with all applicable local, state and federal laws.
   • USAFact provides only factual data, not recommendations or interpretations of data collected during the background screening process. Customer agrees that all actions taken based on the contents of reports received from USAFact are based on Customer’s own guidelines or criteria. Furthermore, Customer agrees to manage all disputes from candidates that stem from Customer’s hiring policies and understands that only disputes related to the accuracy or completeness of the reports supplied by USAFact are the responsibility of USAFact. As an administrative service only, USAFact may adjudicate any consumer reports based on hiring criteria established and provided by Customer (Criteria). USAFact makes no representations regarding the validity, legality or appropriateness of the Criteria. Similarly, USAFact may provide sample applications, criminal history questions or forms to Customers and/or Customer may opt for an additional charge for USAFact to send out pre-adverse and adverse action letters on Customer’s behalf. Services including adjudication, providing forms or applications, and adverse action services rendered by USAFact are purely clerical in nature and shall be performed by USAFact solely on behalf of the Customer. Customer retains sole responsibility at all times for complying with applicable law related to these items. All employment-related information collected and decisions made, including hiring, contracting and site-access decisions, are made by the Customer, not by USAFact. Customer shall assume full responsibility for such decisions, and shall indemnify and hold USAFact harmless from any and all claims, losses, damages and any costs (including attorney fees) that may be related to or arise therefrom.
   • All formats, methods, processes, business functions, and data are to remain the property of USAFact and are provided to Customer for the purposes of employment decisions (SmartHire), tenancy (USATenant), and credit worthiness (LendFact) only. In no event will ownership of any Intellectual Property pass to Customer, and any formats, methods, business functions or data created by USAFact at the request of Customer remain the property of USAFact.
   • Customer agrees to have reasonable procedures for the fair and equitable use of background information and to secure the confidentiality of private information. Customer agrees to take precautionary measures to protect the security and dissemination of all consumer report or investigative consumer report information including, for example, restricting terminal access, utilizing passwords to restrict access to terminal devices, and securing access to, dissemination, and destruction of electronic and hard copy This is not a complete or exhaustive list of examples.
   • Customer understands that any conversation or communication with USAFact's representatives regarding searches, verifications, or other services offered by USAFact are not to be considered a legal opinion or counsel regarding their use. Customer agrees that it will consult with its own legal or other counsel regarding the use of background screening information, including but not limited to, the legality of using or relying on reported information. It is understood that USAFact is not acting as legal counsel and no legal representation has been provided by USAFact in any fashion.
   • Due date for all invoicing is 30 days from date of invoice unless prior arrangements are made in writing. Customer agrees to pay interest on all amounts not paid by the applicable due date at the rate of the lesser of (a) one and a half percent (1.5%) per month or portion thereof or (b) the highest rate permitted by applicable law. Customer further agrees to pay a $25.00 returned check fee for any checks that USAFact is unable to process due to insufficient funds, etc. Unless paying by credit card at the time of every transaction, monthly or weekly invoicing (settings may be specified by the client at the time of account set up) shall begin billing the date that Customer actually begins utilizing any Service. Billing for partial months is prorated based on a calendar month, Non-recurring charges, including single order retail transactions, technology set-up and/or installation fees, shall be payable upon delivery of the applicable Service. The rates and charges for screening packages may increase from time to time in an amount proportional to any increases experienced by USAFact in obtaining such services from the underlying government agency, supplier or other servicer. For international services, service may be paid in local currency and any pricing variations due to changes in the monetary exchange rate between the US and the country of service may be charged or credited to the customer without further obligation by USAFact.
2. LEGAL COMPLIANCE RESPONSIBILITY OF CUSTOMER
   • Fair Credit Reporting Act (FCRA), 15 U.S. & 1681: Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well as private lawsuits. Sections 616, 617, and 621. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution. Section 619. Furthermore,
     • Customer hereby certifies that all of its orders for information products from any USAFact division shall be made, and the resulting reports shall be used only for the “Permissible Purpose” stated by Customer upon account set-up or transactional order and will only be used for purposes as defined in the FCRA when considering an individual for employment, promotion, reassignment, retention as an employee, tenancy or credit, and for no other purpose. (LendFACT and USATenant products and services are expressly for loan origination and tenant screening respectively);
     • Customer understands and agrees that each individual screening report is subject to the provisions of the federal FCRA and to comply with those provisions.
   • Customer certifies it will not request a Background Report for any FCRA Permissible Purpose unless:
     • A clear and conspicuous disclosure is first made in writing to the candidate/consumer before the report is obtained, in a document that consists solely of the disclosure, stating that a consumer report may be obtained for employment purposes. Such disclosure will satisfy all requirements identified in Section 606(a) (1) of the FCRA, as well as any applicable state or local laws;
     • The candidate/consumer signs an authorization granting permission to procure the report;
     • Information in the background report will not be used in violation of any applicable local, state or federal equal opportunity law or regulation; and
     • The candidate/consumer is provided a copy of the document published by the Federal Trade Commission entitled, A Summary of Your Rights Under the Fair Credit Reporting Actas required by the Consumer Financial Protection Bureau.
   • Customer further certifies that it will comply with section 604 and section 615 of the FCRA relating to adverse action notification when applicable. If the consumer is denied employment (SmartHire), tenancy (USATenant), or credit (LendFact) or any other adverse action is taken based in whole or in part on the information products provided by USAFact, Customer will provide to the candidate/consumer:
     • a copy of the report, and;
     • a description, in writing, of the rights of the consumer entitled - A Summary of Your Rights Under the Fair Credit Reporting Act;
     • notice of his or her right to dispute the information in the report;
     • the name, address, and toll-free telephone information for USAFact, and;
     • notification of any applicable state law rights;
     • After the appropriate waiting period, Customer will issue to the candidate/consumer notice of the adverse action taken, including the statutorily required notices identified in Section 615 of the Fair Credit Reporting Act to notify the candidate/consumer. Customer agrees to report any and all disputed information by the candidate/consumer on any background report to USAFact.
   • Customer certifies it will maintain copies of written authorization for a minimum of five (5) years from date of request for a background report unless another term is agreed to by both parties in writing before any applicable background reports are ordered;
   • In addition to the disclosure requirements identified above, if the consumer makes a written request within a reasonable amount of time, Customer will provide:
     • information about whether an investigative consumer report has been requested;
     • if an investigative consumer report has been requested, written disclosure of the nature and scope of the investigation requested; and
     • USAFact's contact information, including complete address and toll-free telephone number. This information will be provided to the candidate/consumer no later than five (5) days after the request for such disclosure was received from the candidate/consumer or such report was first requested, whichever is the shorter timeframe.
   • If Obtaining Driving Record (MVR) Information, Customer agrees to comply with all applicable federal, state and local laws including, but not limited to, The Drivers Privacy Protection Act, 18 U.S.C. Section 2721 et seq., (DPPA) when ordering moving violation reports (MVR).Additionally,
     • Customer shall use the MVR only for employment purposes as defined by the FCRA and any applicable state law; Customer additionally agrees to execute the required state forms from all states requiring said forms, and to obtain the written consent of the candidate to obtain driving records;
     • Customer must be qualified to do business and hold valid licenses as required to operate in all states where Customer conducts business; Customer certifies that they are operating from a place of business within the United States and not from their home.
   • Customer must not build their own database or copy or otherwise reproduce the MVR except in connection with the review of the candidate; Customer further agrees it will not sell, distribute, or disseminate the MVR, in whole or in part, to any third party, to distribute any data contained in the resulting MVR via the public internet, electronic mail or any other unsecured means, and shall use the MVR solely as an end user; and
   • Customer shall submit to an audit of Candidate consent forms at the written request of USAFact. In the case of such a request, reasonable notice will be provided and audit will take place during Customers regular business hours;
   • If Obtaining Credit Report Information: Customer agrees to comply with the following requirements as set for by the Credit Reporting Agencies for the dissemination of credit report:
     • Customer shall use credit reports obtained from USAFact only for the purpose stated on this account sign-up (employment, tenancy, or credit) as defined by the FCRA and any applicable state law; the Consumer Reports shall be requested by, and disclosed by Customer only to Customer’s designated and authorized employees having a need to know and only to the extent necessary to enable Customer to use the Consumer Report(s) in accordance with this Agreement;
     • Customer additionally agrees to allow USAFact or its designated representative to conduct an industry standard onsite inspection of Customer’s facility in order to verify the Customer is a legitimate business, whose facilities are commensurate with the size and purported type of business listed on the application, and the identification and certifications made by the Customer;
     • Customer must be qualified to do business and hold valid license as required to operate in all states where Customer conducts business; Customer certifies that they are operating from a place of business within the United States and not from their home residence. Operating from Customer’s home residence is automatic disqualification from obtaining credit reports;
     • Customer must not build their own database or copy or otherwise reproduce the Credit Report except in connection with the review of the candidate; Customer further agrees they will not sell, distribute, or disseminate the Credit Report, in whole or in part, to any third party and shall use the Credit Report solely as an end user;
     • With just cause, such as violation of these terms of use, or a legal requirement, or a material change in existing legal requirements that adversely affects Customer’s Agreement, USAFact may, upon its election, discontinue serving the Customer and cancel the agreement immediately. Customer must not obtain credit reports on themselves.  Violation of this condition will result in immediate loss of privilege.
     • Customer understands that the credit bureaus require specific written approval from USAFact before the following person, entity and/or business may obtain credit reports – private detectives, private detective agencies, private investigative companies, bail bondsmen, attorneys, law firms, credit counseling firms, security services, members of the media, resellers, financial counseling firms, credit repair clinics, pawn shops (except companies that do only Title pawn), check cashing companies (except companies that do only loans, no check cashing), genealogical or heir research firms, dating services, massage or tattoo services, businesses that operate out of an apartment, individuals seeking information for their own private use, adult entertainment services of any kind, companies that locate missing children, companies that handle third party repossession, companies seeking information in connection with time shares, subscription companies, individuals involved in spiritual counseling or persons or entities that are not a Customer or decision maker.
     • TransUnion requires us to include the following statement for Customers who will use TU products:
       • End User shall use the Consumer Report for Employment Purposes only for a one-time use, and shall hold the report in strict confidence, and not disclose it to any third parties that are not involved in the employment decision.
       • End User is a US-based business and has a need for consumer credit information in connection with the evaluation of individuals for employment, promotion, reassignment or retention as an employee ("Consumer Report for Employment Purposes").
       • End User shall request Consumer Report for Employment Purposes pursuant to procedures prescribed by Reseller from time to time only when it is considering the individual inquired upon for employment, promotion, reassignment or retention as an employee, and for no other purpose. End User shall comply with any federal and state laws which may restrict or ban the use of Consumer Report for Employment Purposes.

3. RESPONSIBILITIES OF USAFACT
   • USAFact will comply with all applicable federal, state and local laws in the preparation and transmission of Screening Reports, including but not limited, to the FCRA, DPPA, GLB, and all applicable state laws regarding employment screening;
   • USAFact will follow Industry Standard Procedures. USAFact will maintain standard operating procedures to confirm to the greatest possible extent that the reported public record information is complete and current. All data will be secured with both physical and software-based security, including encryption of files; all transmissions of data via the Internet will be secured with minimum 128-bit SSL encryption;
   • USAFact fully complies with the FCRA by providing several avenues for candidates to dispute any factual data on candidate reports. All disputes will be rechecked, analyzed and re-issued if necessary, and action will be taken to ensure the prevention of similar errors;
   • USAFact will maintain at least 6-years of transaction materials and 5 years of report data available on the USAFact database. All data in regards to complete reports will be available for an indefinite period of time via archived files unless otherwise specified by Customer;
   • USAFact will maintain the confidentiality of its data acquisition and verification methodology;
   • USAFact is to relate all verification information, including but not limited to, education and employment references in a readily understandable format to the Customer. Credit, DMV, and Criminal information are supplied in the format from the source it is obtained;
   • USAFact is to provide Customer access to Credit Bureaus, DMV Reporting Agencies, and other such necessary public record sources that maintain files on individuals, firms, or corporations and record information furnished by its members or Customers or obtained from other available sources. In addition, USAFact is to provide Customer access to criminal conviction histories available as public record and falling within the reporting limits established by the Fair Credit Reporting Act and State Civil Codes. Said conviction records may not have a full history available and, in that event, USAFact shall provide whatever history is available;
   • USAFact is to exercise its best efforts to deliver information in an expeditious and efficient manner but it shall have no obligation or liability to Customer for any delay or failure caused by outside entities. For example, employer protocols, county court protocols, or educational institution closures that delay the performance of duty for USAFact under this. These examples are not a complete or exhaustive list.
   • If Obtaining Drug Testing Reports:
     • USAFact will comply with all Federal, state and local laws, including the FCRA, DOT guidelines, HIPAA, DPPA, A DA, and other applicable laws, with respect to the drug test and;
     • Provide Customer with chain of custody forms and directions to an authorized collection site and;
     • Will provide Customer access to drug testing results, when the necessary release forms are completed by candidate, employee, or sub-contractor.

4. LIMITATION OF LIABILITY
   • USAFact will only be liable to the extent that the information contained in the background report is found to be the primary basis upon which Customer incurred injury or damage resulting from the background report furnished by USAFact. USAFact and Customer agree that USAFact shall not be liable to Customer for any other damages, costs, or expenses whatsoever except as expressly agreed to by USAFact. Additionally, USAFact’s liability for this section is subject to the information being within USAFact’s control as per Section 11 below.
5. INDEMNIFICATION
   • Customers accessing TransUnion credit reports, accessing consumer reporting information, and/or accessing Equifax’s “The Work Number” must abide by the following vendor indemnification notice. Customer agrees to indemnify, defend and hold USAFact and its vendors, including but not limited to TransUnion and Equifax, harmless from and against any and all claims, demands, costs, expenses and liabilities of any kind or nature whatsoever, including, without limitation, reasonable attorney's fees and costs, which may be incurred by USAFact based upon the illegal or wrongful use by Customer of the Report(s), the gross negligence or intentional wrongdoing by Customer in connection with the use or obtaining of the Report, claims brought by Customer’s Candidates; or Customer’s failure to comply with its obligations under the FCRA or other applicable laws. USAFact agrees to indemnify, defend and hold Customer harmless from and against any and all claims, demands, costs, expenses and liabilities of any kind or nature whatsoever, including, without limitation, reasonable attorney's fees and costs, which may be incurred by USAFact based upon the illegal or wrongful collection of report data by USAFact, the gross negligence or intentional wrongdoing by USAFact in connection with obtaining report data, or USAFact's failure to comply with its obligations under the FCRA or other applicable laws.
6. NON-DISCLOSURE
   • Each party may have access to certain confidential and proprietary information disclosed by the other party, including, without limitation, information relating to either party’s clients, customers, or business operations (including the terms of this Agreement and the rates charged for the Service), whether disclosed orally or in writing by any other media (collectively, Confidential Information). Each party (the Receiving Party) acknowledges that the Confidential Information of the other party (the Disclosing Party) may contain information valuable to the Disclosing Party and that any such Confidential Information shall remain the property of the Disclosing Party. Each party shall use the Confidential Information provided hereunder only for purposes directly related to the purpose for which it was provided and shall restrict disclosure of Confidential Information solely to its employees and subcontractors with a need to know, and not disclose such Confidential Information to any other parties, and otherwise to protect the Confidential Information with no less restrictive measures than it uses to protect its own confidential and proprietary information. Confidential Information shall not include information that:
     • was in the public domain at the time it was communicated to the Receiving Party;
     • is rightfully communicated to the Receiving Party free of any obligation of confidence subsequent to the time it was communicated to the Receiving Party; or
     • was in the Receiving Party's possession free of any obligation of confidence at the time it was communicated to the Receiving Party.
   • Notwithstanding the above, the Receiving Party shall not be in violation of this Section 6 with regard to a disclosure that is in response to a valid order by a court or other governmental body, provided that the Receiving Party provides the Disclosing Party with written notice of such disclosure where reasonably possible in order to permit the Disclosing Party to seek confidential treatment of such information. The obligations of confidentiality of each party under this Section 6 with regard to any disclosure of Confidential Information shall survive for two (2) years from the date of any such disclosure. The parties recognize and agree that any breach of this Section 6 would cause irreparable harm and, accordingly, that injunctive relief is an appropriate remedy to prevent any threatened or ongoing breach of such confidentiality obligations. Notwithstanding anything to the contrary set forth in this Section 6, any disclosure of confidential or proprietary information by means of a third-party attack, probe, theft, or other breach of network security (for which USAFact expressly disclaims all liability as set forth in Section 5) shall not be deemed to be a breach of this Section 6. The terms of this Section 6 shall supersede and replace any non-disclosure or confidentiality agreement entered into by the parties prior to the Effective Date of this Agreement.
7. ASSIGNMENT
   • Customer shall not assign this Agreement without the prior written consent of USAFact, which consent shall not be unreasonably withheld. USAFact shall not assign this Agreement without prior written consent of Customer, which consent shall not be unreasonably withheld.
8. BACKGROUND SCREENING FEES
   • USAFact’s SmartHire, LendFact, or USATenant Packages automatically add fees charged by third parties for information such as government entities, employee record management companies, court documents to verify identification, and educational institutions. Customer agrees to pay fees added to their invoice as part of this automated service. A list of the most common fees and fee details can be found on the fees schedule at: https://www.usafact.com/fees While USAFact does attempt to keep the fees schedule current, prices are set by hundreds of various government bodies and can be changed without notice to USAFact. Therefore fees on the fee schedule cannot be guaranteed to be accurate and Customer agrees to pay the actual fees charged to USAFact rather than the fees listed on the fees schedule.
9. TERM
   • The terms of this Agreement shall remain in effect from the applicable Effective Date and shall continue for one year, unless otherwise specified. Any Service may be terminated by either party at the end of the applicable Service Term by giving written notice at least ninety (90) days prior thereto, but in the absence of such notice, the applicable Service Term shall automatically renew under the same terms and conditions for a term equal to that of the original Service Term (such renewal term(s) shall also be referred to herein as a Service Term).
10. SERVICE CREDIT EXCEPTIONS
    • Service credits shall not be available to Customer in cases where:
      • the Service is unavailable as a result of:
      • the acts or omissions of Customer or its employees, contractors, agents, or Customers;
      • the failure, malfunction, or limitation of throughput of equipment, network, software, applications, or systems not owned or directly controlled by USAFact;
      • circumstances or causes beyond the control of USAFact, including, without limitation, events of force majeure and third-party attacks on the USAFact Network (such as ping and denial of service attacks);
      • scheduled maintenance with prior notice posted at usafact.com or orders.usafact.com which URL is subject to change upon prior notice; or
      • urgent maintenance with notice provided as soon as is commercially practicable under the circumstances; or
      • Customer is not in compliance with its applicable USAFact Service Agreement. Additionally, such credits shall be granted only if Customer provides USAFact with all requested information in an expeditious manner.

11. DISCLAIMER OF WARRANTY
    • Because the USAFact Services involve conveying information provided to USAFact by other sources, USAFact cannot be an insurer or guarantor of the accuracy or reliability of the information obtained from third parties such as individuals, educational institutions or government agencies. USAFact makes no representation or warranty whatsoever, express or implied, including but not limited to, the accuracy, completeness, up-to-date state, or merchantability or fitness for a particular purpose of the services or that reports will meet customer’s needs. USAFact expressly disclaims any and all such representations and warranties on information in the services or the media on or through which the services are provided and shall not be liable to client for any loss or injury arising out of omissions, whether negligent or otherwise, in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the services or information therein. USAFact shall use good faith in attempting to obtain information from sources deemed reliable and, when requested, shall re-verify said information at no cost to Customer, however, Customer recognizes that USAFact cannot guarantee the accuracy of information;
    • USAFact exercises no control over and accepts no responsibility for the information or content accessible on the Internet. The Internet is not a secure network; confidential or sensitive information should not be transmitted over the Internet or stored on computers directly connected to the Internet. USAFact disclaims any liability for loss or theft of information transmitted over the Internet or stored on computers directly connected to the Internet. The service and any related software and/or equipment are provided on an as is and as available basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or Non-infringement. Neither USAFact nor its employees, affiliates, contractors, or agents warrant that the services shall be error-free, uninterrupted, secure, or produce particular results or that the information obtained on the internet shall be reliable or unobjectionable. No advice or information given by USAFact or its employees, affiliates, contractors, or agents shall create a warranty.
12. GOVERNING LAW AND VENUE
    • This Agreement shall be governed by the laws of the State of California, without regard to its conflicts of laws principles. Each of the parties hereby irrevocably submit to the exclusive personal jurisdiction of any federal or state court of competent jurisdiction located in Riverside, California, in any action or proceeding relating to this Agreement. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to any of the transactions contemplated by this Agreement.
13. MISCELLANEOUS
    • This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all prior representations, understandings, and agreements. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed as nearly as possible to reflect the original intent of the parties and the remainder shall remain in full force and effect. All terms and provisions of this Agreement that should by their nature survive the termination of this Agreement shall so survive. This Agreement may be mutually executed when customer checks “Yes, I agree” next to “I have read and agree to all of the terms and conditions” and clicks the “Submit” button below.
14. USES
    • We may use the information and data we collect for auditing, research and analysis to operate and improve USAFact products, technologies and services. We may share aggregated non-personal information with third parties outside of USAFact. We may also share information with third parties in limited circumstances, including when complying with legal process, preventing fraud or imminent harm, and ensuring the security of our network and services.
15. ACCESS SECURITY REQUIREMENTS
    • The parties acknowledge they must work together to protect the privacy of consumers. The following measures are designed to reduce unauthorized access of consumer reports. In accessing consumer information, Customer agrees to the following:
    • Customer will take reasonable procedures to protect its account number and password so that only key personnel employed by its company know this sensitive information, including not posting this information anywhere in the facility. Customer agrees to change account passwords immediately if a person who knows the password leaves its company or no longer needs to have access due to a change in duties;
    • Customer agrees that system access software, whether developed by your company or purchased from a third-party vendor, will have Customers account number and password hidden or embedded and be known only by supervisory personnel. Customer will assign each user of its system access software a unique logon password. If such system access software is replaced by different access software and therefore no longer is in use or, alternatively, the hardware upon which such system access software resides is no longer being used or is being disposed of, or if the password has been compromised or believed to be compromised in any way, Customer will change its password immediately;
    • Customer agrees it will not discuss its account number or password by telephone with any unknown caller, even if the caller claims to be an employee of USAFact;
    • Customer will restrict the ability to obtain consumer information to a few key personnel;
    • Customer agrees to place all terminal devices used to obtain consumer information in a secure location within its facility so that unauthorized persons cannot easily access them;
    • Customer agrees it will turn off and lock all devices or systems used to obtain consumer information;
    • Customer will secure hard copies and electronic files of consumer reports within its facility so that unauthorized persons cannot easily access them;
    • Customer agrees to shred and/or destroy all hard copy consumer reports when they are no longer needed and erase and overwrite or scramble electronic files containing consumer information when no longer needed and when applicable regulation(s) permit destruction.