The full text of the TransUnion Terms of Service Agreement
MANDATORY TERMS FOR EACH END USER (TURSS SUBSCRIBER) AGREEMENT
This is the service agreement to use ShareAble® (“Service Agreement”). Your acknowledgment and agreement to these terms, as well as the Terms and Conditions of the internet site you are accessing (“Site”), are required to access and/or use TransUnion ShareAble. You agree to be legally bound by these terms. This Service Agreement is made and entered into as by and between TransUnion Rental Screening Solutions, Inc. (“TURSS") and you/your company (“Subscriber,” “You” or “Property Owner”). In consideration of the promises and mutual covenants hereinafter set forth, TURSS and Subscriber hereto agree as follows:
1. Scope of Agreement. This Agreement applies to any of those information services which
Subscriber may desire to receive from TURSS and which TURSS offers to Subscriber via this
Site. Such information services shall herein be collectively referred to as “Services” and all
information derived therefrom shall be collectively referred to as “Services Information.”
Subscriber enters in this Agreement on behalf of itself and its affiliates under common ownership
and control, all of which are referred to collectively as Subscriber.
2. Subscriber’s business. Subscriber certifies that it is utilizing the Services solely for assisting
with making a residential or storage leasing decision.
3.1 Consumer Report Information. TURSS makes certain consumer report information services from consumer reporting databases, including but not limited to consumer credit reports, and criminal record reports (“Consumer Report Information”), available to its customers who have a
permissible purpose for receiving such information in accordance with the Fair Credit Reporting
Act (15 U.S.C. §1681 et seq.) including, without limitation, all amendments thereto (“FCRA”). For
the purposes of this Agreement, the term “adverse action” shall have the same meaning as that
term is defined in the FCRA.
3.2 FCRA Penalties. 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 YEARS, OR BOTH.
3.3 Subscriber Certifications. Subscriber certifies that it shall request Consumer Report Information pursuant to the written authorization of the consumer who is the subject of the Consumer Report Information. Subscriber certifies that each such written authorization will expressly authorize Subscriber to obtain the Consumer Report Information, and will contain at a minimum the subject’s name, address, social security number (where available) and signature. Subscriber shall use such Consumer Report Information solely for Subscriber’s exclusive one-time use and pursuant to the consumer’s written authorization and to use such information solely for assisting with making a residential or storage lease decision, and for no other purpose, subject however, to the additional restrictions set forth herein. Moreover, if requested by TURSS, Subscriber agrees to, and shall, individually certify the permissible purpose for each Consumer Report Information it requests. Such individual certification shall be made by Subscriber pursuant to instructions provided from time to time to Subscriber by TURSS. Nothing in this certification, or elsewhere in this Agreement, is intended to allow Subscriber to purchase Consumer Report Information for the purpose of selling or giving the report, or information contained in or derived from it, to the subject of the report, or to any other third party, and Subscriber expressly agrees to refrain from such conduct except where required by law.
3.4 All rental decisions to be made by Subscriber. Subscriber acknowledges and agrees that all
decisions of whether or not to rent property to a particular Applicant or Tenant, as well as the
length of and terms of any such rental, will be made by Subscriber. TURSS shall have no liability
to Subscriber or to any Applicant, Tenant, or other person or entity for any rental, or the failure to
rent, to any Applicant or Tenant or the terms of any such rental, regardless of whether or not
Subscriber’s decision was based on Consumer Report Information, public records, or other
information provided to Subscriber by TURSS.
3.5 Compliance with Laws. Subscriber shall be responsible for compliance with all applicable federal (including, but not limited to the FCRA) and state laws, rules, regulations and judicial actions, as now or as may become effective, to which it is subject.
3.6 Subscriber certifies it shall comply with all requirements related to the public record information (“Public Record Information”) and other applicable data use restrictions (“Data Source Requirements”) described at www.transunion.com/turss-data-source-requirements or such successor website upon which such information is provided, which may be altered by TURSS from time to time, and certifies that any distribution of the Public Record Information or a Consumer Report shall comply with and contain the state-specific requirements described at www.transunion.com/turss-data-source-requirements or such successor website upon which such information is provided, which may be altered by TURSS from time to time.
4. Ancillary Services
4.1 Fraud Prevention Services. TURSS offers several fraud prevention services that evaluate inquiry input elements against other input elements and/or against proprietary databases, to identify potential discrepancies and/or inaccuracies. Fraud prevention service messages may be delivered with Consumer Report Information as a convenience, but are not part of a consumer’s file nor are they intended to be consumer reports. In the event Subscriber obtains any fraud prevention services from TURSS in conjunction with Consumer Report Information or as a standalone service, Subscriber shall not use the fraud prevention services, in whole or in part, as a factor in establishing an individual’s creditworthiness or eligibility for credit or insurance, or employment, nor for any other purposes under the FCRA. Moreover, Subscriber shall not take any adverse action, which is based in whole or in part on the fraud prevention services, against any consumer. As a result of information obtained from the fraud prevention services, it is understood that Subscriber may choose to obtain additional information from one or more additional independent sources. Any action or decision as to any individual which is taken or made by Subscriber based solely on such additional information obtained from such additional independent source(s) shall not be deemed prohibited by this paragraph.
4.2 Scores. Subscriber may request, in writing, that TURSS provide Subscriber certain credit scores, which shall include ResidentScore, collectively referred to herein as “Score(s),” for Subscriber’s exclusive use. TURSS agrees to perform such processing as reasonably practicable. Subscriber shall use Scores only in accordance with its permissible purpose under the FCRA certified at the time of its request for such Scores; and, may store Scores solely for Subscriber’s own use in furtherance of Subscriber’s original purpose for obtaining the Scores. Subscriber shall not use the Scores for model development or model calibration and shall not reverse engineer the Scores.
4.2.1 Adverse Action Factors. Subscriber recognizes that factors other than the Scores
may be considered in making a decision as to a consumer. Such other factors
include, but are not limited to, the credit report, the individual account history,
application information, and economic factors. TURSS may provide score reason
codes to Subscriber, which are designed to indicate the principal factors that
contributed to the Score, and may be disclosed to consumers as the reasons for
taking adverse action, as required by the Equal Credit Opportunity Act ("ECOA") and
its implementing Regulation (“Reg. B”). The Score itself, when accompanied by the
corresponding reason codes, may also be disclosed to the consumer who is the
subject of the Score. However, the Score itself may not be used as the reason for
adverse action under Reg. B.
4.2.2 Confidentiality of Scores. Scores are proprietary to TURSS and without appropriate prior written consent, Scores may not be sold, licensed, copied, reused, disclosed, reproduced, revealed or made accessible, in whole or in part, to any Person except: (a) as expressly permitted herein; (b) to those employees of Subscriber with a need to know and in the course of their employment; (c) to those third party processing agents of Subscriber who have executed an agreement that limits the use of the Scores by the third party only to the use permitted to Subscriber and contains the prohibitions set forth herein regarding model development, model calibration and reverse engineering; (d) when accompanied by the corresponding reason codes, to the consumer who is the subject of the Score; or (e) as required by law. Subscriber shall not, nor permit any third party to, publicly disseminate any results of the validations or other reports derived from the Scores without prior written consent.
4.2.3 Score Performance. Certain Scores are implemented with standard minimum exclusion criteria. TURSS shall not be liable to Subscriber for any claim, injury or damage suffered directly or indirectly by Subscriber as a result of any Subscriber requested changes to the exclusion criteria which result in normally excluded records being scored by such Scores. TURSS warrants that the scoring algorithms used in the computation of the scoring services, provided under this Agreement, ("Models") are empirically derived from credit data and are a demonstrably and statistically sound method of rank-ordering candidate records with respect to the purpose of the Scores when applied to the population for which they were developed, and that no scoring algorithm used by a Score uses a "prohibited basis" as that term is defined in ECOA and Reg. B promulgated thereunder. Scores may appear on a credit report for convenience only, but is not a part of the credit report nor does it add to the information in the report on which it is based.
4.2.4 Scores without score factors / adverse action codes. Scores without score factors / adverse action codes may be made available to Subscriber in conjunction with Subscriber's request for Consumer Report Information. Subscriber hereby represents and warrants that when Subscriber requests Scores without score factors / adverse action codes, Subscriber shall not use such Scores, nor any information derived therefrom to take any adverse action as to any individual consumer.
4.2.5 Third Party Scores and Other Third Party Services. TURSS has the capability to offer scores derived from models built jointly with third parties, and other services provided by third parties, which are subject to additional warranties offered or terms imposed by such third parties. If desired by Subscriber, such third party scores and services shall be made available pursuant to separate agreement, which shall be appended as a schedule to this Agreement.
Subscriber, at Subscriber’s request and direction, Subscriber’s forms including, but not limited to,
lease forms, lease addenda, and consumer correspondence. Subscriber acknowledges and
agrees that it is Subscriber’s obligation to ensure the accuracy and completeness of the forms
and to ensure its compliance with all applicable laws related to the use of such forms. TURSS
makes no representations or warranties as to the content or use of such forms.
4.4 Subscriber Access. Subscriber agrees that TURSS may store data provided to Subscriber
hereunder on behalf of Subscriber to be used by Subscriber solely for audit or compliance
purposes and for no other purpose. All data stored on behalf of Subscriber by TURSS shall be
owned by Subscriber and may not be modified in any manner.
5. Additional Terms and Conditions
5.1 Confidentiality. Subscriber shall hold all Services Information in confidence and shall not disclose
the Services to any third party, except as required by law (i.e., an order of a court or data request
from an administrative or governmental agency with competent jurisdiction) to be disclosed;
provided however, that Subscriber shall provide TURSS ten (10) days prior written notice before
the disclosure of such information pursuant to this Paragraph 3.9. However, this restriction shall
not prohibit Subscriber from disclosing to the subject of the Consumer Report Information, who is
the subject of an adverse action, the content of the Consumer Report Information as it relates to
any such adverse action.
5.2 Safeguards. Each party shall implement, and shall take measures to maintain, reasonable and
appropriate administrative, technical, and physical security safeguards ("Safeguards”) to (a)
insure the security and confidentiality of personal information; (b) protect against anticipated
threats or hazards to the security or integrity of personal information; and (c) protect against
unauthorized access or use of personal information that could result in substantial harm or
inconvenience to any consumer. When a consumer’s first name or first initial and last name in
combination with a social security number, driver’s license or Identification Card Number, or
account number, credit or debit card number, in combination with any required security code,
access code, or password that would permit access to an individual’s financial account (“Personal
Information”), is delivered to Subscriber, Subscriber shall implement and maintain reasonable
security procedures and practices appropriate to the nature of the information and to protect the
Personal Information from unauthorized access, destruction, use, modification, or disclosure.
Subscriber shall notify TURSS in writing as soon as practicable but in no event later than fortyeight hours after which Subscriber becomes aware of any potential and/or actual
misappropriation of, and/or any unauthorized disclosures of, any information provided to
Subscriber by TURSS, including, but not limited to theft, loss or interception of Consumer Report
Information, unauthorized use of TURSS subscriber codes and passwords, unauthorized entry to
the facilities where TURSS data may have been accessible, or unauthorized release of or access
to TURSS data by an employee or Agent of Subscriber. Subscriber shall fully cooperate with
TURSS in any communications to consumers regarding the data incident and mitigating, to the
extent practicable, any damages due to such misappropriation and/or unauthorized disclosure.
Such cooperation shall include, but not necessarily be limited to, allowing TURSS to participate in
the investigation of the cause and extent of such misappropriation and/or unauthorized
disclosure. Such cooperation shall not relieve Subscriber of any liability it may have as a result of
such a misappropriation and/or unauthorized disclosure. Moreover, without TURSS’s prior
consent, Subscriber shall make no public notification, including but not limited to press releases
or consumer notifications, of the potential or actual occurrence of such misappropriation and/or
unauthorized disclosure of any such information provided to Subscriber.
5.3 Authorized Requests. Subscriber shall use the Services: (a) for its certified permissible purpose
above to assist in making a residential or storage lease decision; (b) solely for Subscriber’s
exclusive one-time use; and (c) subject to the terms and conditions of this Agreement. Subscriber
shall not request, obtain or use Services for any other purpose including, but not limited to, for the
purpose of selling, leasing, renting or otherwise providing information obtained under this
Agreement to any other party, whether alone, in conjunction with Subscriber’s own data, or
otherwise in any service which is derived from the Services. Services shall be requested by, and
disclosed by Subscriber to only Subscriber’s designated and authorized employees having a
need to know and only to the extent necessary to enable Subscriber to use the Services in
accordance with this Agreement. Subscriber shall ensure that such Subscriber designated and
authorized employees shall not attempt to obtain any Services on themselves, associates, or any
other person except in the exercise of their official duties.
5.4 Third Party Intermediaries. In the event Subscriber will utilize a third party intermediary (e.g.,
Internet service provider or other network provider) for the purpose of receiving Services,
Subscriber shall first enter into an agreement with such third party under which such third party
acts solely as a network conduit for the delivery of the Services to Subscriber and which prohibits
such third party from using, or otherwise accessing, the Services for any other purpose.
Subscriber shall be solely liable for any actions or omissions of such third parties which result in a
breach of this Agreement.
5.5 Rights to Services. Subscriber shall not attempt, directly or indirectly, to reverse engineer,
decompile, or disassemble Services or any confidential or proprietary criteria developed or used
by TURSS relating to the Services provided under this Agreement. Except as explicitly set forth in
this Agreement, the entire right, title and interest in and to the Services shall at all times vest
exclusively in TURSS. TURSS reserves all rights not explicitly granted to Subscriber under this
Agreement.
5.6 Notwithstanding anything to the contrary in the Agreement, TURSS hereby grants a limited, nonexclusive, non-transferable license to the Public Record Information, and the Services derived
from the Public Record Information, from TURSS and that the material content of the Public
Record Information and the Consumer Reports delivered by TURSS may not be altered, edited,
or otherwise changed without the prior written consent from TURSS.
5.7 Fees and Payments. The Subscriber is responsible for the full payment of the Services. Upon
delivery of the Services, Subscriber will be responsible for immediate payment, and outstanding
amounts may be subject to a late charge of one and one-half percent (1.5%) per month (18% per
year) or the maximum allowed by law, whichever is less. If collection efforts are required,
Subscriber shall pay all costs of collection, including reasonable attorney’s fees.
5.7.1 1 In addition, in the event that TURSS’s cost of rendering Services increases as a
result of federal, state or local laws, ordinances or other regulatory, administrative or
governmental acts, then TURSS may implement a surcharge subject to the following:
(a) any surcharge will be applicable generally to TURSS’s customers; and (b) any
surcharge will be applied only to services pertaining to consumers in the geographic
area so affected. A legislative surcharge is imposed on certain types of reports
pertaining to consumers residing in the United States, and an additional surcharge is
imposed on certain reports pertaining to only Colorado residents.
5.8 Term, Termination and Survival. The term of this Agreement shall commence upon the agreeing
to the terms of this Agreement and shall remain in effect until terminated by any party hereto for
any reason whatsoever.
5.8.1 With the exception of TURSS’s obligation to provide Services under this Agreement,
all provisions of this Agreement shall survive any such termination of this Agreement
including, but not limited to, all restrictions on Subscriber’s use of Services
Information. Moreover, any such termination shall not relieve Subscriber of any fees
or other payments due to TURSS through the date of any such termination nor affect
any rights, duties or obligations of either party that accrue prior to the effective date of
any such termination.
5.9 Limited Warranty. TURSS represents and warrants that the Services will be provided in a
professional and workmanlike manner consistent with industry standards. TURSS DOES NOT
WARRANT THE SERVICES TO BE UNINTERRUPTED OR ERROR-FREE OR THAT THE
SERVICES WILL MEET SUBSCRIBER’S REQUIREMENTS. THE WARRANTY SET FORTH IN
THIS SECTION 5.9 IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT MIGHT BE
IMPLIED FROM A COURSE OF PERFORMANCE OR DEALING OR TRADE USAGE OR
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.10 Limitation of Liability. TURSS’S SOLE LIABILITY, AND SUBSCRIBER’S SOLE REMEDY, FOR
VIOLATIONS OF THIS AGREEMENT BY TURSS OR FOR BREACH OF TURSS’S
OBLIGATIONS SHALL BE THE CORRECTION OF ANY DEFECTIVE SERVICE OR THE
REFUND OF FEES PAID FOR SAME.
5.10.1 IN NO EVENT SHALL TURSS BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES IN CONNECTION
WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF GOOD
WILL AND LOST PROFITS OR REVENUE, WHETHER OR NOT SUCH LOSS OR
DAMAGE IS BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT
LIABILITY, INDEMNITY, OR OTHERWISE, EVEN IF TURSS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY.
5.10.2 ADDITIONALLY, TURSS SHALL NOT BE LIABLE TO SUBSCRIBER FOR ANY AND
ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT
BROUGHT MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS
ACCRUED.
5.11 Notwithstanding anything to the contrary in the Agreement, use of Public Record Information,
and the Services derived from the Public Record Information, from TURSS shall be subject to
the following: THE PUBLIC RECORD INFORMATION IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. TURSS AND ITS DATA PROVIDERS MAKE NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PUBLIC RECORD
INFORMATION AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT
THERETO. WITHOUT LIMITING THE FOREGOING, TURSS AND ITS DATA PROVIDERS DO
NOT GUARANTEE OR WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS,
CURRENTNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A
PARTICULAR PURPOSE OF THE PUBLIC RECORD INFORMATION AND SHALL NOT BE
LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART
BY USE OF THE PUBLIC RECORD INFORMATION. Subscriber shall indemnify, defend, and
hold harmless TURSS and its data providers, from and against any and all liabilities, damages,
losses, claims, costs, fees, and expenses (including but not limited to reasonable attorney and
expert witness fees and expenses) arising out of or related to Subscriber’s use of the Public
Record Information obtained from TURSS. Subscriber acknowledges and agrees that TURSS’s
data providers are a third party beneficiary of the provisions of this section, with right of
enforcement.
5.12 Assignment and Subcontracting. Subscriber may not assign or otherwise transfer this
Agreement, in whole or in part without the prior written consent of TURSS. TURSS may assign
or transfer this Agreement to an affiliate or in the event of a purchase of substantially all of
TURSS’s assets or in the event of a corporate form reorganization (e.g., LLC to C-Corporation).
Moreover, TURSS shall have the unrestricted right to subcontract the Services to be provided
to Subscriber by TURSS under this Agreement; provided however, that such subcontracting
shall not relieve TURSS of its obligations under this Agreement. The limited warranty and
limitation of liability provisions set forth in this Agreement shall also apply for the benefit of
TURSS’s licensors, subcontractors and agents.
5.13 No Waiver. No failure on the part of either party to enforce any covenant, agreement, or
condition of this Agreement shall operate as a discharge of such covenant, agreement, or
condition, or render the same invalid, or impair the right of either party to enforce the same in
the event of any subsequent breach by the other party
5.14 Independent Contractors. This Agreement is not intended to create or evidence any employeremployee arrangement, agency, partnership, joint venture, or similar relationship.
5.15 Severability. Whenever possible, each provision of this Agreement will be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this Agreement
is held to be prohibited by or invalid under applicable law, such provision will be ineffective only
to the extent of such prohibition or invalidity, without invalidating the remainder of this
Agreement.
5.16 Force Majeure. TURSS shall not be liable for any delay in performance or failure to perform
under this Agreement if such delay or failure is caused by conditions beyond TURSS’
reasonable control.
5.17 Audit Rights. During the term of this Agreement and for a period of five (5) years thereafter,
TURSS may audit Subscriber’s policies, procedures and records which pertain to this
Agreement, to ensure compliance with this Agreement, upon reasonable notice and during
normal business hours.
5.18 Governing Law. This Agreement shall be construed and governed by the laws of the State of
Illinois, without reference to the choice of law principles thereof.
5.19 Notices. Subscriber acknowledges and agrees that any notice provided by TURSS to any
electronic mail address provided by Subscriber shall suffice for proper notice under this
Agreement. Additionally, all of Subscriber’s communications or notices required or permitted
by this Agreement shall be sufficiently given for all purposes hereunder if given in writing and
delivered to TURSS (i) personally, (ii) by United States first class mail, (iii) by reputable
overnight delivery service, (iv) by electronic mail, or (v) by facsimile. All notices delivered in
accordance with this Section for TURSS shall be sent to the appropriate address or number,
as set forth below:
TURSS: TransUnion Rental Screening Solutions
Attn.: Counsel for TURSS
555 W. Adams St. Chicago, IL 60661
5.20 Trademarks. Both Subscriber and TURSS shall submit to the other party for written approval,
prior to use, distribution, or disclosure, any material including, but not limited to, all advertising,
promotion, or publicity in which any trade name, trademark, service mark, and/or logo
(hereinafter collectively referred to as the “Marks“) of the other party are used (the ”Materials").
Both parties shall have the right to require, at each party’s respective discretion and as
communicated in writing, the correction or deletion of any misleading, false, or objectionable
material from any Materials. Neither party shall remove any of the other party’s Marks from
any information materials nor reports provided to the other party and shall comply with the
other party’s instructions with respect to the use of any such Marks. Moreover, when using the
other party’s Marks pursuant to this Agreement, a party shall take all reasonable measures
required to protect the other party’s rights in such Marks, including, but not limited to, the
inclusion of a prominent legend identifying such Marks as the property of the other party. In
using each other’s Marks pursuant to this Agreement, each party acknowledges and agrees
that (i) the other party’s Marks are and shall remain the sole properties of the other party, (ii)
nothing in this Agreement shall confer in a party any right of ownership in the other party’s
Marks, and (iii) neither party shall contest the validity of the other party’s Marks.
Notwithstanding anything in this Agreement to the contrary, without the prior written approval
of Subscriber, TURSS shall have the right to disclose to third parties Subscriber’s marks in
consumer credit reports containing Subscriber’s account information.
5.21 By signing this Agreement, Subscriber acknowledges receipt of a copy of the Federal Trade
Commission’s "Notice to Users of Consumer Reports: Obligations of Users Under the FCRA".
5.22 The individual executing this Agreement has direct knowledge of all facts certified and the
authority to both execute this Agreement on behalf of Subscriber and bind Subscriber to the
terms of this Agreement.
5.23 TruValidate Services.
5.23.1 In connection with the Services, Subscriber desires to obtain TransUnion’s
TruValidate Service pursuant to the following additional terms and conditions:
5.23.1.1 Subscriber and its employees shall comply with all applicable federal, state and
local laws, statutes, rules and regulations including, but not limited to, Section
(6802) (e) of the Gramm-Leach-Bliley Act (“GLB”), Title V, Subtitle A, Financial
Privacy (15 U.S.C. § 6801-6809) and the United States Federal Trade
Commission rules promulgated thereunder, all other applicable privacy laws, “do
not call” laws, the Drivers Privacy Protection Act (18 U.S.C. § 2721 et seq.)
(“DPPA”) and similar and/or associated state laws and regulations governing the
use and disclosure of drivers’ license information, and the Telephone Consumer
Protection Act (47 U.S.C. § 227) (“TCPA”), Foreign Corrupt Practices Act of
1977 (15 U.S.C. §§ 78dd-1, et seq.) (“FCPA”), the California Consumer Privacy
Act, (California Civil Code §1798.100 et seq.) (“CCPA”), and similar and/or
associated state laws and regulations. Subscriber and its employees, agent(s),
or contractor(s) shall comply with relevant Federal and State laws regulating the
collection, use, and retention of biometric information
5.23.1.2 Subscriber shall comply with all terms and guidelines contained in TransUnion
user guides and other related documentation (together, the “Documentation”)
provided by TransUnion in connection with the Services.
5.23.1.3 TransUnion and its affiliates may use the data that Subscriber provides only in
connection with the Services and as may be provided by Service Agreement.
TransUnion and its affiliates may not use such data for any other purpose.
5.23.1.4 With respect to each Subscriber request for TruValidate Services, Subscriber
hereby certifies that Subscriber is the user of the Services and that Subscriber
and its employees will request, obtain and use such Services only for the
following GLB Permitted Use (“Permitted Use”):
5.23.1.4.1 To use in the normal course of business to verify the accuracy of
information submitted by the consumer and if it is not correct, to
obtain the correct information, but only to protect against or
prevent actual fraud, unauthorized transactions, claims or other
liability.
5.23.1.5 Subscriber shall not request, obtain or use Services for marketing purposes nor
for any purpose except as expressly provided for herein. Moreover, Subscriber
shall not take any adverse action, which is based in whole or in part on the
TruValidate Services, against any consumer. For the purposes of this Service
Agreement, the terms “adverse action” and “consumer” shall have the same
respective meaning as those terms are defined in the FCRA.
5.23.1.6 In no event shall Subscriber use any of the TruValidate Services, in whole or in
part, as a factor in establishing an individual’s creditworthiness or eligibility for (i)
credit or insurance, or (ii) employment, nor for any other purpose under the Fair
Credit Reporting Act (15 U.S.C. §1681 et seq.) (“FCRA”).
5.23.1.7 To the extent that any TruValidate Service contains, in whole or in part,
Consumer Reports as defined in the FCRA, Subscriber certifies that it will
request and use these Services solely for one of the permissible purposes
certified in the Service Agreement. Subscriber may request and use Account
Verification only subject to the written authorization of the subject consumer.
5.23.2 TransUnion hereby provides Subscriber a limited, nonexclusive, non-transferable,
non-sub licensable, revocable license to use the TruValidate Services (together with
all content therein, and all applications, programs, license keys, patches, updates, or
upgrades provided by TransUnion, and any improvements, modifications,
enhancements, fixes and revised versions of any of the foregoing, and any derivative
works of any of the foregoing, and any combination of the foregoing, collectively
defined herein as the “Software”, during the term of the applicable Service
Agreements, solely for the purposes described herein and in the Documentation. As
between the parties, TransUnion retains all right, title, and interest in and to the
Software and Service and all copies and derivative works thereof, which rights
include, but are not limited to, patent, copyright, trademark, trade secret, and all other
intellectual property rights. TransUnion reserves all rights not expressly granted
herein and, except as expressly granted in the Service Agreements or this
Addendum, no right or license is granted to Subscriber hereunder, express or implied
or by way of estoppel, to any technology or intellectual property rights.
5.23.3 Subscriber shall not, directly or indirectly, authorize any person or entity to: (i) sell,
rent, lease, distribute, redistribute or transfer the TruValidate Services or any software
development kit, as applicable, or any rights in any of the Software, or use the
TruValidate Services in a hosted or managed services environment; (ii) reverse
engineer, decompile, disassemble, re-engineer or otherwise create or attempt to
create or permit, allow, or assist others to create or derive the source code of the
TruValidate Services, or its structural framework; (iii) modify or create derivative
works of the Software; (iv) use the TruValidate Services in whole or in part for any
purpose except as expressly provided under this Agreement or in the Documentation;
(vi) remove any proprietary notice, labels, or marks on or in Software; or (vii) disable
or circumvent any access control or related device, process or procedure established
with respect to the Software. Subscriber may not use the TruValidate Services for
illegal or unlawful or malicious activities.
5.23.4 Subscriber agrees that any performance agreements, uptime commitments,
performance metrics, and service level commitments contained in the Agreement,
any Service Agreement, or statement of work, shall not apply to TruValidate Services.
Entire Agreement. THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ALL EXHIBITS AND
ATTACHMENTS HERETO, CONSTITUTES THE ENTIRE AGREEMENT BETWEEN TURSS AND
SUBSCRIBER AND SUPERSEDES ALL PREVIOUS AGREEMENTS AND UNDERSTANDINGS,
WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, SOLELY WITH RESPECT TO THE SUBJECT
MATTER OF THIS AGREEMENT. THIS AGREEMENT MAY NOT BE ALTERED, AMENDED, OR
MODIFIED EXCEPT BY WRITTEN INSTRUMENT SIGNED BY THE DULY AUTHORIZED
REPRESENTATIVES OF BOTH PARTIES.
All users of consumer reports must comply with all applicable regulations. Information about applicable regulations currently in effect can be found at the Consumer Financial Protection Bureau’s website, www.consumerfinance.gov/learnmore.