Between: Your Name is deemed to go here (Herein after called "The Member") And TVS Tenant Verification Service Inc. (Herein after called "The Company")
1. The Company
agrees to:
- maintain a
database of information obtained from its members and other sources
- furnish such
information (“Consumer Report”) and services as requested by The Member
for stated fees and as permitted by law.
- provide such
other services from time to time as may be deemed by The Company to be
beneficial to The Member.
2. The Member
agrees to use Consumer Reports only in connection with its legitimate business
and for a purpose authorized by the Federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq. (FCRA)
such as for entering or renewal of tenancy agreements, for employment screening purposes, for extension
of credit.
3. If The Member
has chosen Option 2 during the Sign Up process, The Member agrees to a physical
site inspection as explained. The Member further agrees to allow access by a qualified person to inspect the business
premises, whether home office or commercial office, to ensure that it meets the
criteria as outlined in
Option 2 under criteria.
4. The Member
agrees to request Consumer Reports only for The Member’s exclusive and one
time use, and to hold the
contents of a Consumer Report in strict confidence and to not disclose the
contents of a Consumer Report to any other person. The Member further agrees that he/she will not
access consumer credit data on themselves, family, relatives or friends and will not obtain consumer credit
data for any other individual or company. Member hereby acknowledges that hard copies of Consumer Reports are
to be shredded or destroyed, rendered unreadable when no longer required.
5.
To refer any consumer seeking to question or challenge the content of a
Consumer Report relating to him or
her to The Company.
6.
The Member certifies that he/she is not a bail bond company, credit repair
company (including credit
counseling and credit clinics), investigative company (including private
investigators and detective agencies),
attorney or paralegal firm, news agency or journalist, law enforcement
personnel, dating service, asset
location service, has never been involved in credit fraud or other unethical
business practices, is not listed on
any credit reporting agency notification, and that the business operation for
which this application is being
made is one of renting real property (houses, apartments or commercial
buildings) which The Member does
not occupy, is a retail business which extends credit or is a business
evaluating individuals for the purpose of
employment.
7.
The Member hereby acknowledges that The Company cannot guarantee the accuracy
of any Consumer
Report and accepts all information “AS IS”. Member acknowledges and agrees
that The Company obtains its
data from third-party sources, which may or may not be completely thorough and
accurate, and The Member
shall not rely on The Company for the accuracy or completeness of information
supplied through The
Company’s services.
8.
The Member acknowledges that where a question of identity arises regarding same name on a report, the Member must conduct further due diligence to determine if there is a match. Member further acknowledges that there are many same named Individuals and may not necessarily be the named subject on the rental application.
9.
The Member is hereby advised that there is an Operating Guide available to assist with the due diligence on same name issue after login at www.dev.tenantverification.com and hereby acknowledges that same will be reviewed in its entirety.
10.
In no way shall The Company, its directors or employees be liable in any manner
whatsoever for any loss or
injury to The Member resulting from the obtaining or furnishing of a Consumer
Report. The Member agrees
to save and hold The Company, its directors and employees harmless and
indemnify them from any claims,
losses, damages or costs arising from the publication or disclosure of an
Report from The Company to The
Member.
11.
The Member agrees that it shall obtain written authorization from the
prospective tenant before requesting a
Consumer Report from The Company. If requested by the consumer, The Member
will provide the consumer
with the name, address and telephone number of The Company.
12.
The Member agrees to hold Experian provided data in strict confidence and not
to resell Experian provided
data or share Experian provided data in whole or in part with any unauthorized
person.
13.
The Member agrees that he/she will take every precaution to protect the
end-user information (user name
and password) and acknowledges liability and responsibility for same.
14.
All terms, conditions, warranties or transactions under this agreement are
subject to the Fair Credit Reporting
Act and any provision of this agreement not in compliance therewith shall be
deemed to be amended so as to
comply.
15.
The Member understands and agrees that in order to ensure compliance with the
Graham-Leach Bliley Act
(15 U.S.C. 6801 et seq.), and the Driver’s Privacy Protection Act (19 U.S.C.
2721 et seq.), other similar state
or federal laws, regulations or rules, regulatory agency requirements, the
terms and conditions of the
Agreement and The Company’s obligations under it contracts with its data
providers, The Company may
conduct periodic reviews of The Member’s use of The Company’s Services and may
upon reasonable notice
audit The Member’s records, processes and procedures related to The Member’s
use, storage and disposal
of The Company’s services and information received there from. The Member
agrees to cooperate fully with
any and all audits. Violations discovered in any review and/or audit by The
Company will be subject to
immediate action including, but not limited to, suspension or termination of
the use of The Company’s
services, legal action, and/or referral to federal or state regulatory
agencies.
16.
This agreement shall continue in effect from year to year unless terminated by
breach or canceled by either
party.
17.
The Member agrees to completed the Lexis Nexis ID questionnaire that The
Company deems necessary for
the purpose of evaluating this application and establishing The Member’s
identity as required by the Credit
Bureaus and to maintain compliance with the Fair Credit Reporting Act. The
Member is hereby made aware
that this process prevents identity thieves from gaining access to Consumer
Reports via The Company.
18.
Member hereby agrees to all of the terms in the FCRA (Fair Credit Reporting
Act) and certifies that he/she
has a permissible purpose for obtaining Consumer Reports as defined by Section
604 of the Federal Fair
Credit Reporting Act (15 USC 1681b) as amended by the Consumer Credit Reporting
Act of 1996, hereinafter
called “FCRA”.
19.
The Member will maintain copies of all written authorizations for a minimum of
three (3) years from the date
of inquiry. This includes written authorizations for all applicants where
Experian provided data was received.
20.
The FCRA provides that any person who knowingly and willfully obtains
information on a consumer from a
consumer reporting agency under false pretenses shall be fined under Title 18,
or imprisoned not more than
two (2) years, or both.
21.
The Member agrees to report any change in location, ownership or control of The
Member to The Company.
Upon receipt of said notification, The Company will re-qualify The Member as an
end user of Experian
provided data. This will include a new physical site inspection if The Member
changes location.
20.
The Member acknowledges that it is a criminal offence to obtain consumer credit
information from The
Company by fraudulent means and is hereby notified that The Company will report
all fraudulent applications
for membership to the appropriate police jurisdiction for criminal action. The
Member is hereby notified that
as part of its due diligence, The Company will verify and confirm this
application and your status and
permissible purpose as a landlord, property manager, real estate agent, retail
sales business or a legitimate business.
END USER
CERTIFICATION OF COMPLIANCE
California Civil
Code - Section 1785.14(a)
Section
1785.14(a), as amended, states that a consumer credit reporting agency does not
have reasonable grounds for believing that a consumer credit report will only
be used for a permissible purpose unless all of the following requirements are
met:
Section
1785.14(a)(1) states: “If a prospective user is a retail seller, as defined in
Section 1802.3, and intends to issue credit to a consumer who appears in person
on the basis of an application for credit submitted in person, the consumer
credit reporting agency shall, with a reasonable degree of certainty, match at
least three categories of identifying information within the file maintained by
the consumer credit reporting agency on the consumer with the information
provided to the consumer credit reporting agency by the retail seller. The
categories of identifying information may include, but are not limited to,
first and last name, month and date of birth, driver’s license number, place of
employment, current residence address, previous residence address, or social
security number. The categories of information shall not include mother’s
maiden name.”
Section
1785.14(a)(2) states: “If the prospective user is a retail seller, as defined
in Section 1802.3, and intends to issue credit to a consumer who appears in
person on the basis of an application for credit submitted in person, the
retail seller must certify, in writing, to the consumer credit reporting agency
that it instructs its employees and agents to inspect a photo identification of
the consumer at the time the application was submitted in person. This
paragraph does not apply to an application for credit submitted by mail.”
Section
1785.14(a)(3) states: “If the prospective user intends to extend credit by
mail pursuant to a solicitation by mail, the extension of credit shall be
mailed to the same address as on the solicitation unless the prospective user
verifies any address change by, among other methods, contacting the person to whom
the extension of credit will be mailed.”
In
compliance with Section 1785.14(a) of the California Civil Code, “End User”
hereby certifies to Consumer Reporting Agency as follows:
End User
IS
NOT a retail seller, as defined in Section 1802.3 of the California
Civil Code (“Retail Seller”) and issues credit to consumers who appear in
person on the basis of applications for credit submitted in person (“Point of
Sale”).
End User
also certifies that if End User is a Retail Seller who conducts Point of Sale
transactions, End User will, beginning on or before July 1, 1998, instruct its employees and agents to inspect a photo identification of the consumer at the
time an application is submitted in person.
End User
also certifies that it will only use the appropriate End User code number
designated by Consumer Reporting Agency for accessing consumer reports for
California Point of Sale transactions conducted by Retail Seller.
If End
User is not a Retail Seller who issues credit in Point of Sale transactions,
End User agrees that if it, at any time hereafter, becomes a Retail Seller who
extends credit in Point of Sale transactions, End User shall provide written
notice of such to Consumer Reporting Agency prior to using credit reports with
Point of Sale transactions as a Retail Seller, and shall comply with the
requirements of a Retail Seller conducting Point of Sale transactions, as
provided in this certification.
FCRA Requirements
Federal
Fair Credit Reporting Act (as amended by the Consumer Credit Reporting Reform
Act of 1996)
Although
the FCRA primarily regulates the operations of consumer credit reporting
agencies, it also affects you as a user of information. We have included a
copy of the FCRA with your membership kit. We suggest that you and your employees
become familiar with the following sections in particular:
§ 604. Permissible
Purposes of Reports
§ 607. Compliance
Procedures
§ 615. Requirement
on users of consumer reports
§ 616. Civil
liability for willful noncompliance
§ 617. Civil
liability for negligent noncompliance
§ 619. Obtaining
information under false pretenses
§ 621. Administrative
Enforcement
§ 623. Responsibilities
of Furnishers of Information to Consumer Reporting
Agencies
§ 628. Disposal
of Records
Each of
these sections is of direct consequence to users who obtain reports on
consumers.
As
directed by the law, credit reports may be issued only if they are to be used
for extending credit, review or collection of an account, employment purposes,
underwriting insurance or in connection with some other legitimate business
transaction such as in investment, partnership, etc. It is imperative that you
identify each request for a report to be used for employment purposes when such
report is ordered. Additional state laws may also impact your usage of reports
for employment purposes.
We
strongly endorse the letter and spirit of the Federal Fair Credit Reporting
Act. We believe that this law and similar state laws recognize and preserve
the delicate balance between the rights of the consumer and the legitimate
needs of commerce.
In
addition to the Federal Fair Credit Reporting Act, other federal and state laws
addressing such topics as computer crime and unauthorized access to protected
databases have also been enacted. As a prospective user of consumer reports,
we expect that you and your staff will comply with all relevant federal
statutes and the statutes and regulations of the states in which you operate.
We support
consumer reporting legislation that will assure fair and equitable treatment
for all consumers and users of credit information.
Access Security Requirements
We must
work together to protect the privacy and information of consumers. The
following information security measures are designed to reduce unauthorized
access to consumer information. It is your responsibility to implement these
controls. If you do not understand these requirements or need assistance, it is
your responsibility to employ an outside service provider to assist you. Capitalized
terms used herein have the meaning given in the Glossary attached hereto. The
credit reporting agency reserves the right to make changes to Access Security
Requirements without notification. The information provided herewith provides
minimum baselines for information security.
In
accessing the credit reporting agency’s services, you agree to follow these
security requirements:
1.
Implement Strong Access Control Measures
1.1
Do not provide your credit reporting agency Subscriber Codes or
passwords to anyone. No one from the credit reporting agency will ever
contact you and request your Subscriber Code number or password.
1.2 Proprietary
or third party system access software must have credit reporting agency
Subscriber Codes and password(s) hidden or embedded. Account numbers and
passwords should be known only by supervisory personnel.
1.3
You
must request your Subscriber Code password be changed immediately when:
- any system access software is replaced by system access software or is no
longer used;
- the hardware on which the software resides is upgraded, changed or disposed of
1.4
Protect credit reporting agency Subscriber Code(s) and password(s)
so that only key personnel know this sensitive information. Unauthorized
personnel should not have knowledge of your Subscriber Code(s) and password(s).
1.5
Create a separate, unique user ID for each user to enable
individual authentication and accountability for access to the credit reporting
agency’s infrastructure. Each user of the system access software must also have
a unique logon password.
1.6
Ensure that user IDs are not shared and that no Peer-to-Peer file
sharing is enabled on those users’ profiles.
1.7
Keep
user passwords Confidential.
1.8
Develop
strong passwords that are:
- Not easily guessable (i.e. your name or company name, repeating numbers and letters
or consecutive numbers and letters)
- Contain a minimum of seven (7) alpha/numeric characters for standard user accounts
1.9
Implement password protected screensavers with a maximum fifteen
(15) minute timeout to protect unattended workstations.
1.10
Active logins to credit information systems must be configured with
a 30 minute inactive session, timeout.
1.11 Restrict
the number of key personnel who have access to credit information.
1.12
Ensure that personnel who are authorized access to credit
information have a business need to access such information and understand
these requirements to access such information are only for the permissible
purposes listed in the Permissible Purpose Information section of your
membership application.
1.13
Ensure that you and your employees do not access your own credit
reports or those reports of any family member(s) or friend(s) unless it is in
connection with a credit transaction or for another permissible purpose.
1.14 Implement
a process to terminate access rights immediately for users who access
credit
reporting agency credit information when those users are terminated or when
they have a change in their job tasks and no longer require access to that
credit information.
1.15 After
normal business hours, turn off and lock all devices or systems used to obtain
credit
information.
1.16 Implement
physical security controls to prevent unauthorized entry to your facility and
access
to systems used to obtain credit information.
2.
Maintain a Vulnerability Management Program
2.1
Keep
operating system(s), Firewalls, Routers, servers, personal computers (laptop
and
desktop)
and all other systems current with appropriate system patches and updates.
2.2
Configure
infrastructure such as Firewalls, Routers, personal computers, and similar
components
to industry best security practices, including disabling unnecessary services
or features, removing or changing default passwords, IDs and sample
files/programs, and enabling the most secure configuration features to avoid
unnecessary risks.
2.3
Implement
and follow current best security practices for Computer Virus detection
scanning
services and procedures:
- Use, implement and maintain a current, commercially available Computer Virus detection/scanning
product on all computers, systems and networks.
- If you suspect an actual or potential virus, immediately cease accessing the system and do not resume the inquiry process until the virus has been eliminated.
- On a weekly basis at a minimum, keep anti-virus software up-to-date by vigilantly checking or configuring auto updates and installing new virus definition files.
2.4
Implement and follow current best security practices for computer
anti-Spyware scanning services and procedures:
- Use, implement and maintain a current, commercially available computer anti-Spyware scanning product on all computers, systems and networks.
- If you suspect actual or potential Spyware, immediately cease accessing the system and do not resume the inquiry process until the problem has been resolved and eliminated.
- Run a secondary anti-Spyware scan upon completion of the first scan to ensure all Spyware has been removed from your computers.
- Keep anti-Spyware software up-to-date by vigilantly checking or configuring auto updates and installing new anti-Spyware definition files weekly, at a minimum. If your company’s computers have unfiltered or unblocked access to the Internet (which prevents access to some known problematic sites), then it is recommended that anti-Spyware scans be completed more frequently than weekly.
3. Protect
Data
3.1
Develop and follow procedures to ensure that data is protected throughout its
entire
information
lifecycle (from creation, transformation, use, storage and secure
destruction)
regardless of the media used to store the data (i.e., tape, disk, paper, etc.)
3.2
All
credit reporting agency data is classified as Confidential and must be secured
to
this
requirement at a minimum.
3.3
Procedures
for transmission, disclosure, storage, destruction and any other information
modalities
or media should address all aspects of the lifecycle of the information.
3.4
Encrypt
all credit reporting agency data and information when stored on any laptop
computer
and in the database using AES or 3DES with 128-bit key encryption at a minimum.
3.5
Only
open email attachments and links from trusted sources and after verifying legitimacy.
4.
Maintain an Information Security Policy
4.1
Develop
and follow a security plan to protect the Confidentiality and integrity of
personal
consumer information as required under the GLB Safeguard Rule.
4.2
Establish
processes and procedures for responding to security violations, unusual or
suspicious
events and similar incidents to limit damage or unauthorized access to
information
assets and to permit identification and prosecution of violators.
4.3
The
FACTA Disposal Rules requires that you implement appropriate measures to
dispose
of any sensitive information related to consumer credit reports and records
that
will
protect against unauthorized access or use of that information.
4.4
Implement
and maintain ongoing mandatory security training and awareness sessions
for
all staff to underscore the importance of security within your organization.
5. Build
and Maintain a Secure Network
5.1
Protect
Internet connections with dedicated, industry-recognized Firewalls that are
configured
and managed using industry best security practices.
5.2
Internal
private Internet Protocol (IP) addresses must not be publicly accessible or
natively
routed to the Internet. Network address translation (NAT) technology should be
used.
5.3
Administrative
access to Firewalls and servers must be performed through a secure
internal
wired connection only.
5.4
Any
stand-alone computers that directly access the Internet must have a desktop
Firewall
deployed that is installed and configured to block unnecessary/unused ports,
services
and network traffic.
5.5
Encrypt
Wireless access points with a minimum of WEP 128 bit encryption, WPA
encryption
where available.
5.6
Disable
vendor default passwords, SSIDs and IP Addresses on Wireless access points
and
restrict authentication on the configuration of the access point.
6. Regularly
Monitor and Test Networks
6.1
Perform
regular tests on information systems (port scanning, virus scanning,
vulnerability
scanning).
6.2
Use
current best practices to protect your telecommunications systems and any
computer
system or network device(s) you use to provide Services hereunder to
access
credit reporting agency systems and networks. These controls should be
selected
and implemented to reduce the risk of infiltration, hacking, access penetration
or
exposure to an unauthorized third party by:
-
protecting against intrusions;
-
securing the computer systems and network devices;
-
and protecting against intrusions of operating systems or software.
Record
Retention: The Federal Equal Opportunities Act states
that a creditor must preserve all written or
recorded
information connected with an application for 25 months. In keeping with the
ECOA, the credit
reporting
agency requires that you retain the credit application and, if applicable, a
purchase agreement for a period of not less than 25 months. When conducting an
investigation, particularly following a breach or a consumer complaint that
your company impermissibly accessed their credit report, the credit reporting
agency will contact you and will request a copy of the original application
signed by the consumer or, if applicable, a copy of the sales contract.
“Under
Section 621 (a) (2) (A) of the FCRA, any person that violates any of the
provisions of the FCRA may be liable for a civil penalty of not more than
$2,500 per violation.”
Glossary
Term Definition
Computer
Virus A Computer Virus is a self-replicating computer program
that alters the way a computer operates, without the knowledge of the user. A
true virus replicates and executes itself. While viruses can be destructive by
destroying data, for example, some viruses are benign or merely annoying.
Confidential Very
sensitive information. Disclosure could adversely impact our company.
Encryption Encryption
is the process of obscuring information to make it unreadable without special
knowledge.
Firewall
In computer science, a Firewall is a piece of
hardware and/or software which functions in a networked environment to prevent
unauthorized external access and some communications forbidden by the security
policy, analogous to the function of Firewalls in building
construction.
The ultimate goal is to provide controlled connectivity between zones of
differing trust levels through the enforcement of a security policy and
connectivity model based on the least privilege principle.
InformationLifecycle (Or Data
Lifecycle) is a management program that considers the value of the information
being stored over a period of time, the cost of its storage, its need for
availability for use by authorized users, and the period of time for which it
must be retained.
IP
Address A unique number that devices use in order to
identify and communicate with each other on a computer network utilizing the
Internet Protocol standard (IP). Any All participating network devices -
including routers, computers, time-servers, printers, Internet fax machines,
and some telephones - must have its own unique IP address. Just as each street
address and phone number uniquely identifies a building or telephone, an IP
address can uniquely identify a specific computer or other network device on a
network. It is important to keep
your IP
address secure as hackers can gain control of your devices and possibly launch
an attack on other devices.
Peer-to-Peer A type of
communication found in a system that uses layered protocols. Peer-to-Peer
networking is the protocol often used for reproducing and distributing music
without permission.
Router A Router is a computer networking device that
forwards data packets across a network via routing. A Router acts as a junction
between two or more networks transferring data packets.
Spyware
Spyware refers to a broad category of malicious software
designed to intercept or take partial control of a computer's operation without
the consent of that machine's owner or user. In simpler terms, spyware is a
type of program that watches what users do with their computer and then sends
that information over the internet.
SSID
Part of the Wi-Fi Wireless LAN, a service set
identifier (SSID) is a code that identifies each packet as part of that
network. Wireless devices that communicate with each other share the same SSID.
Subscriber
Code Your
seven digit credit reporting agency account number.
WEP
Encryption (Wired Equivalent Privacy) A part of the wireless
networking standard intended to provide secure communication. The longer the
key used, the stronger the encryption will be. Older technology reaching its
end of life.
WPA
(Wi-Fi Protected Access) A part of the
wireless networking standard that provides stronger authentication and more
secure communications. Replaces WEP. Uses dynamic key encryption verses static
as in WEP (key is constantly changing and thus more difficult to break than
WEP).
Acknowledgment
I certify
that I have read and understand the above agreements and will take all
reasonable measures to enforce them within my facility. I certify that I will
use the Experian product information for no other purpose other than what is
stated above. I will not resell the report to any third party. I understand
that if my system is used improperly by myself or company personnel, or if my
access codes are made available to any unauthorized personnel due to
carelessness on the part of myself or any employee of my company, I may be held
responsible for financial losses, fees, or monetary charges that may be
incurred and that my access privilege may be terminated.
Continuing
with the registration process constitutes The Member’s consent to conduct a
binding electronic transaction with The Company and further consents to
receiving notices and related services electronically. Clicking on I Agree
below constitutes The Member’s electronic signature and is legally effective
and will be used by The Company as if it is a written signature
.