consumer credit database, consisting of identification information, credit file inquiries, public record information and credit account trade lines of the subject of the report. Client may access these credit reports on an individual basis or through Joint Files Access SM, which provides simultaneous access to the credit files of both husband and wife with a single inquiry.
Client agrees to comply with all applicable the provisions of the California Consumer Credit Reporting Agencies Act as it may be amended. Client hereby certifies that it will comply with California Consumer Credit Reporting Agencies Act. Client acknowledges and certifies that it has the understanding and comprehension of this exhibit, as well as, the opportunity for review by legal counsel to fully comply with the California Consumer Credit Reporting Agencies Act, as amended.
Client certifies that it will use Credit Bureau identity and fraud services (“IFS Services”) exclusively within Clients own organization for the purpose of verifying the identity of individual persons (ID Subjects) who initiates a business transaction with the Client and not for any other purpose; and that it will use and ensure that its employees access to the IFS Services is in accordance with the terms of the Client Agreement. Client acknowledges and agrees that the IFS Services do not guarantee the identity of the ID Subject, but merely provide a risk assessment regarding the ID Subject’s identity that is derived, in part, from information provided by the ID Subject or otherwise collected from an ID Subjects use of the IFS Services and relayed by Client to Credit Bureau (“ID Subject Content”); and that in connection with certain IFS Services; (i) Client will establish a risk decision threshold above which the ID Subject is verified or authenticated, depending on the applicable Service, and below which the ID Subject is not verified or authenticated (“Risk Decision Threshold”) and Credit Bureau may act as a consultant to review Client’s risk strategies, but Client, in its sole discretion, will set its Risk Decision Threshold(s); and (ii) that depending upon Client’s Risk Decision Threshold an ID Subject may be able to successfully pass verification and authentication even though the individual submitting the ID Subject Content is not the actual individual to whom the ID Subject Content pertains.
Permissible use of the Equifax MLA Covered Borrower Status is limited to completing covered borrower checks pursuant to the Military Lending Act (MLA), as codified in 10 U.S.C. 5987.
The security requirements included in this document represent the minimum security requirements acceptable to Experian and are intended to ensure that a Third Party (i.e., Supplier, Reseller, Service Provider or any other organization engaging with Experian) has appropriate controls in place to protect information and systems, including any information that it receives, processes, transfers, transmits, stores, delivers, and / or otherwise accesses on behalf of Experian. DEFINITIONS “Experian Information” means Experian highly sensitive information including, by way of example and not limitation, data, databases, application software, software documentation, supporting process documents, operation process and procedures documentation, test plans, test cases, test scenarios, cyber incident reports, consumer information, financial records, employee records, and information about potential acquisitions, and such other information that is similar in nature or as mutually agreed in writing, the disclosure, alteration or destruction of which would cause serious damage to Experian’s reputation, valuation, and / or provide a competitive disadvantage to Experian.
Based on a model developed by Fair Isaac Corporation (“Fair Isaac”) and Equifax that ranks consumers in the Equifax consumer credit database relative to other consumers in the database with respect to the likelihood of those consumers paying their accounts as Agreed.
The terms set forth hereunder are only applicable to Clients with the subscribed products and or services as agreed to in the SOA. Agility Credit and Client hereby understands and agrees to the following terms and conditions regarding the use of Consumer Reports and reason codes obtained through Agility Credit and the Credit Bureaus: Client may disclose the Consumer Reports provided to Client to credit applicants, when accompanied by the corresponding reason codes, in the context of bona fide lending transactions and decisions only.
Master Service Agreement Pursuant to the Agility Credit Master Service Agreement (“MSA”), Agility Credit, LLC (“Agility Credit”) will provide services to the signatory specifically identified on the Service Order Agreement (“SOA”) which includes but not limited to its affiliates, subsidiaries and other business ventures (“Client”). Agility Credit and Client maybe referred to individually as a “Party” or collectively as the “Parties”. In a desire for extreme clarity and in abundance of caution, the section of the MSA titled “Specific Compliance and Credit Bureau Terms and Requirements” and the ensuring subsections, are part and parcel, which form the entire MSA.
Client agrees that if it uses Services that includes Experian’s Precise ID for Compliance that they will only be used to protect or prevent actual or potential fraud in accordance with the GLB Act. Client agrees that its use is in compliance with the Driver’s Privacy Protection Act of 1994 (18 U.S.C. Sec. 2721(b)(3)) and that motor vehicle department data and property information will be used solely for Authentication purposes. Client agrees that if it uses Services that include Experian’s Precise ID for Account Opening with or without Synthetic ID add-on Client will certify it’s “permissible purpose(s)” under the FCRA and that it will not request or use Services for any other purpose.
A. Written Instructions FCRA Compliance-Written Instructions. Client shall substantially comply with the following website requirements: Client will prominently display a message specifically informing the consumer that his or her credit profile will be consulted for the purpose for which it is to be used and no other purpose, and that clicking on the “I AGREE” button following such notice constitutes written instructions to Client under the Fair Credit Reporting Act (“FCRA”).