Landlord Subscriber Agreement

 

This Online Application is on a Secure Server. Click on the seal on the left for more information on the certificate's authentication.

Privacy Statement: Any information provided by a consumer or customer via our online forms WILL be held in the strictest confidence. No information will be shared with others. All submissions will be responded to within two business days.

 
Please fill out the following documents required to establish an account
with National Association of Independent Landlords, Inc.

 
Please choose from ONLY one of the following categories:

1. If you are an Individual Landlord you must include the following documents. Choose which documents you would like to send us and check the appropriate box:

Copy of filed property title (for each rental property); OR
Copy of filed property tax records (for each rental property); OR
Public tax records search (for each rental property) - can be performed by The National Association of Independent Landlords
       for a $5.00 fee per property upon request

AND
Copy of photo ID
AND
If you are not listed in the White Pages please send us one page of your phone bill with your name and phone number listed. (We can also accept cell phone bills)
AND
On-site inspection - can be waived by customers using the Pre-Qualification Decision Service
A copy of a signed rental application must be sent to our office each time credit is obtained on each rental property.

 
If you are an individual landlord operating as a business please see section 2.

 
2. If you are an Individual Landlord operating under a business name must ALSO include the following:

Copy of business license; OR
State and/or federal tax records originating from the state or federal government; OR
Fictitious business name filing with proof of filing; OR
Copy of an Experian Business Credit Report obtained by the National Association of Independent Landlords; OR
Business license status from government web site (please include entire web page print out)

 
3. If you are a Property/Apartment Management Companies or Apartment Communities you must include one of the following documents. Choose which documents you would like to send us and check the appropriate box:

Minimum of 3 completed (signed) rental applications (existing residents or new applicants is acceptable); OR
Proof of filings in landlord/tenant court; OR
Proof of membership in a local / regional / national apartment association
AND
Copy of business license; OR
Copy of Articles of Incorporation (with proof of filing); OR
State and/or federal tax records (must originate from state and/or federal government); OR
An Experian Business Credit Report that proves the company is in business;
AND
A signed list of all apartment complexes under the apartment management company   (Note: Must be on company letterhead and include signature, date, as well as complete contact information for each property with name of property manager, phone number, and address.)
AND
On-site inspection by a vendor approved by The National Association of Independent Landlords (can be waived by customers using the Pre-Qualification Decision Service)
AND
One page of your phone bill with your name and phone number listed (You may skip this section if you are listed in the whitepages). We can also accept cell phone bills.

 
4. If you are a Real Estate Agent contracted with a Firm for Tenant Screening Purposes You must include one of the following documents. Choose which documents you would like to send us and check the appropriate box:

Minimum of 3 completed (signed) rental applications (existing residents or new applicants is acceptable); OR
Proof of filings in landlord/tenant court; OR
Proof of membership in a local / regional / national apartment association
AND
Copy of business license; OR
Copy of Articles of Incorporation; OR
State and/or federal tax records (must originate from state and/or federal government);
AND
Copy of Real Estate Broker's license status from a government approved web site (please included entire web page print out); OR
Letter on company letterhead from real estate firm confirming business relationship with real estate agent
AND
One page of your phone bill with your name and phone number listed (YOU MAY SKIP THIS SECTION IF YOU ARE LISTED IN THE WHITEPAGES). We can also accept cell phone bills.
AND
On-site inspection by a vendor approved by The National Association of Independent Landlords (can be waived by customers using the Pre-Qualification Decision Service)

 
5. If you are a Publicly Traded Companies you must include the following:

Certified copy of audited annual or quarterly statements submitted to the Securities Exchange Commission; OR
Documentation of ticker symbol information from trading website
AND
On-site inspection by a vendor approved by The National Association of Independent Landlords
AND
One page of your phone bill with your name and phone number listed (YOU MAY SKIP THIS SECTION IF YOU ARE LISTED IN THE WHITEPAGES). We can also accept cell phone bills.

 


 

AGREEMENT FOR SERVICE

            The undersigned (hereinafter referred to as "Applicant" or "Subscriber") desires to use the services of National Association of Independent Landlords, Inc. (hereinafter referred to as "Landlord Association") at regular service charges upon the basis outlined below:

  1. Applicant agrees to comply with all the provisions of Public Law 91-508 (Fair Credit Reporting Act) and all other applicable statutes. Applicant has received the FCRA Addendum. (For a complete copy of the FCRA visit www.ftc.gov/os/statutes/fcra.htm) Applicant certifies that inquiries will be made only for the specific business purpose declared below. (The FCRA allows credit information to be used in connection with extending credit, collection of the account, employment, insurance, or in connection with a legitimate business transaction involving the consumer.) Under the FCRA any person who knowingly and willfully obtains credit information from a consumer-reporting agency under false pretenses is subject to a fine or imprisonment, or both.

  2. Applicant will obtain written authorization for obtaining consumer reports and maintain documentation for such authorization conforming to local and federal laws for a minimum of (3) three years. Applicant will cooperate with all requests for information and/or documentation to support compliance with this agreement and the FCRA as may be requested by Landlord Association or its data sources.

  3. Applicant certifies that all credit reports whether oral or written shall be maintained by the Applicant in strict confidence and disclosed only to employees whose duties reasonably relate to the legitimate business purpose for which the report is requested and will not sell or otherwise distribute to third parties any information received thereunder, except as otherwise required by law.

  4. Landlord Association shall not be liable in any manner whatsoever for any loss or injury incurred by applicant as a result of the obtaining or furnishing of such information, and shall not be deemed to have guaranteed the accuracy of such information. Applicant recognizes that the information is secured by and through fallible human sources. Applicant agrees to indemnify and hold harmless credit repositories including Experian, TransUnion, CSC and/or Equifax from and against any loss, claim, damage or expense of any nature, including attorney's fees in using the information obtained hereunder.

  5. Upon using its database services, Applicant hereby acknowledges that Landlord Association does not create or maintain these records or information, and we rely on third party sources including state departments, state repositories, correctional institutions, government agencies and other information sources. Thus Landlord Association is not responsible for the content or accuracy of such records or information in the database, and these searches should only be used as a preliminary inquiry and that a subsequent county search should be done before any action is taken against or on behalf of a subject.

  6. Applicant has received and agrees to pricing established on rate schedule. Applicant will be notified 30 days in advance of any necessity to change/update the pricing schedule. Applicant's officer signing below personally guaranties payment for services rendered. The Applicant and the officer signing below shall be jointly and severally subject to payment for services rendered. All legal, collection, and court costs incurred for collection of past due amounts, will be added to the outstanding balance.

  7. Applicant agrees to terms of payment net 30 days. Payments are due by the tenth of the month and subject to, at the discretion of Landlord Association, a late charge of one and one half percent per month, eighteen percent per annum interest charge.

  8. Landlord Association, with just cause, such as delinquency or violation of the terms of this contract or a legal requirement, or by request of a national repository (Experian, TransUnion, CSC or Equifax) may, upon its election, discontinue serving the Applicant and cancel this Agreement immediately.

  9. This Agreement shall inure to the benefit of and be binding upon the parties and their respective legal representatives, heirs, successors and assigns.

  10. Upon accessing credit reports online, Applicant agrees to send Landlord Association written authorization obtained by consumer authorizing Applicant to obtain credit, criminal or eviction records, within ten business days of the date on which the consumer report was obtained online.

I/We fully understand the terms and conditions of your agreement and agree to proper consideration of extended credit.

Specific Business Purpose: 
Type of Business: 
Subscriber Name: 
Officer Name:   (If applicable)

I am signing this agreement by typing
my name, and today's date below.


Electronic Signature
Name: 
Date: 

Accept     (you must check in order to submit this app)
By selecting "Accept" you agree to the following:
"I/We fully understand the terms and conditions of your agreement and agree to proper consideration of extended credit."

 


 

APPLICATION

Subscriber Information
  Subscriber Name:   
  Parent Company:   
  Address (home)  
  City:        State:       Zip:     County:  
  Corporate Address
  (if one applies)
 
  City:        State:       Zip:  
  Phone:        Fax:  
  Number must match the Phone Bill on file
  Number of Rental Units   
  Web Address:   
Please list the address where you pull credit reports from or receive Pre-Qualification Responses
  Address:   
  City:        State:       Zip:     County:  
  Is this a residence or business address:    Residence Address   Business Address
  If residential, is it a gated community?    Yes   No
  Type of Business:   

Contact(s)
  Main Contact:      Admin. User   User
  Phone:      Fax:     Email Address:  
  Other Contact:      Admin. User   User
  Phone:      Fax:     Email Address:  
  Other Contact:      Admin. User   User
  Phone:      Fax:     Email Address:  

List All Rental Property Addresses
 1.    Rental Address:   
  City:        State:       Zip:  
  County of Rental Property:   
Click to add another property

Certification
Describe the specific purpose(s) for which credit will be used:

Subscriber certifies that it is not a(n): Attorney (other than those whose sole purpose is to use credit information for rental purposes), Bail Bond company ; Credit Repair company (including credit counseling and credit clinics) ; Check Cashing company; Dating service; Genealogical research firm; Investigative company (including private investigators or detective agencies); Financial counseling; massage services; Insurance claim service; News Agency or Journalist; Law Enforcement; pawnshop; asset or children location service; tattoo service.

Subscriber certifies that it is the END USER and WILL NOT resell reports under any circumstances.

I am signing this application by typing my name, and today's date below.

Electronic Signature
  Subscriber's Name:      Date:   
  Officer's Name:     (If applicable)
  Title:        

Accept     (you must check in order to submit this app)
By selecting "Accept" you agree to the following:
"By selecting "Accept" I certify that the information above is true and accurate.
I further certify that I am authorized to sign on behalf of the company."

 


 

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 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.
Member agrees to comply with all applicable federal, state and local laws,
including the Fair Credit Reporting Act as amended by the Fair and Accurate
Credit Transactions Act of 2003, 15 U.S.C. § 1681 et seq

I am signing this FCRA Requirement by typing my name, and today's date below.

Subscriber understands its responsibilities for FCRA

Electronic Signature
  Subscriber's Name:      Date:   
  Officer's Name:     (If applicable)
  Title:        

Accept     (you must check in order to submit this app)
By selecting "Accept" you agree to the following:
"Subscriber understands its responsibilities for the
Federal Fair Credit Reporting Act (FCRA)."

 


 

Death Master File

The National Technical Information Service has issued the Interim Final Rule for temporary certification permitting access to the Death Master File ("DMF"). Pursuant to Section 203 of the Bipartisan Budget Act of 2013 and 15 C.F.R. § 1110.102, access to the DMF is restricted to only those entities that have a legitimate fraud prevention interest or a legitimate business purpose pursuant to a law, governmental rule regulation, or fiduciary duty, as such business purposes are interpreted under 15 C.F.R. § 1110.102(a)(1). As many Experian services contain information from the DMF, use of deceased flags or other indicia within the Experian services must be restricted to legitimate fraud prevention or business purposes in compliance with applicable laws, rules and regulations and consistent with the applicable Fair Credit Reporting Act (15 U.S.C. §1681 et seq.) or Gramm-LeachBliley Act (15 U.S.C. § 6801 et seq.) use. In addition, no adverse action may be taken against any consumer without further investigation to verify the information from the deceased flags or other indicia within the Experian services.

 


 

Access Security Requirements for End-Users
for FCRA and GLB 5A Data

The following information security controls are required to reduce unauthorized access to consumer information. It is your (company provided access to Experian systems or data through The National Association of Independent Landlords or N.A.I.L., referred to as the "Company") responsibility to implement these controls. If you do not understand these requirements or need assistance, it is your responsibility to get an outside service provider to assist you. N.A.I.L. reserves the right to make changes to these Access Security Requirements without prior notification. The information provided herewith provides minimum baselines for information security.

In accessing N.A.I.L. services, Company agrees to follow these Experian security requirements. These requirements are applicable to all systems and devices used to access, transmit, process, or store Experian data:

1. Implement Strong Access Control Measures

        1.1    

All credentials such as User names/identifiers/account numbers (user IDs) and user passwords must be kept confidential and must not be disclosed to an unauthorized party. No one from N.A.I.L. will ever contact you and request your credentials.

        1.2    

If using third party or proprietary system to access N.A.I.L. systems, ensure that the access must be preceded by authenticating users to the application and/or system (e.g. application based authentication, Active Directory, etc.) utilized for accessing N.A.I.L. data/systems.

        1.3    

If the third party or third party software or proprietary system or software, used to access N.A.I.L. data/systems, is replaced or no longer in use, the passwords should be changed immediately.

        1.4    

Create a unique user ID for each user to enable individual authentication and accountability for access to N.A.I.L. infrastructure. Each user of the system access software must also have a unique logon password.

        1.5    

User IDs and passwords shall only be assigned to authorized individuals based on least privilege necessary to perform job responsibilities.

        1.6    

User IDs and passwords must not be shared, posted, or otherwise divulged in any manner.

        1.7    

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 eight (8) alphabetic and numeric characters for standard user accounts
  • For interactive sessions (i.e. non system-to-system) ensure that passwords/passwords are changed periodically (every 90 days is recommended)
        1.8    

Passwords (e.g. user/account password) must be changed immediately when:

  • Any system access software is replaced by another system access software or is no longer used
  • The hardware on which the software resides is upgraded, changed or disposed
  • Any suspicion of password being disclosed to an unauthorized party (see section 4.3 for reporting requirements)
        1.9    

Ensure that passwords are not transmitted, displayed or stored in clear text; protect all end user (e.g. internal and external) passwords using, for example, encryption or a cryptographic hashing algorithm also known as "one-way" encryption. When using encryption, ensure that strong encryption algorithm are utilized (e.g. AES 256 or above).

        1.10    

Implement password protected screensavers with a maximum fifteen (15) minute timeout to protect unattended workstations. Systems should be manually locked before being left unattended.

        1.11    

Active logins to credit information systems must be configured with a 30 minute inactive session timeout.

        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 the membership application.

        1.13    

Company must NOT install Peer-to-Peer file sharing software on systems used to access, transmit or store Experian data.

        1.14    

Ensure that Company employees do not access their 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.

        1.15    

Implement a process to terminate access rights immediately for users who access Experian 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.

        1.16    

Implement a process to perform periodic user account reviews to validate whether access is needed as well as the privileges assigned.

        1.17    

Implement a process to periodically review user activities and account usage, ensure the user activities are consistent with the individual job responsibility, business need, and in line with contractual obligations.

        1.18    

Implement physical security controls to prevent unauthorized entry to Company's facility and access to systems used to obtain credit information. Ensure that access is controlled with badge readers, other systems, or devices including authorized lock and key.

2. Maintain a Vulnerability Management Program

        2.1    

Keep operating system(s), firewalls, routers, servers, personal computers (laptops and desktops) and all other systems current with appropriate system patches and updates.

        2.2    

Configure infrastructure such as firewalls, routers, servers, tablets, smart phones, personal computers (laptops and desktops), and similar components to industry best security practices, including disabling unnecessary services or features, and 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 anti-virus software on all systems, if applicable anti-virus technology exists. Anti-virus software deployed must be capable to detect, remove, and protect against all known types malicious software such as viruses, worms, spyware, adware, Trojans, and root-kits.
  • Ensure that all anti-virus software is current, actively running, and generating audit logs; ensure that anti-virus software is enabled for automatic updates and performs scans on a regular basis.
  • If you suspect an actual or potential virus infecting a system, immediately cease accessing the system and do not resume the inquiry process until the virus has been eliminated.

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    

Experian data is classified Confidential and must be secured to in accordance with the requirements mentioned in this document 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 Experian data and information when stored electronically on any system including but not limited to laptops, tablets, personal computers, servers, databases using strong encryption such AES 256 or above.

        3.5    

Experian data must not be stored locally on smart tablets and smart phones such as iPads, iPhones, Android based devices, etc.

        3.6    

When using smart tablets or smart phones to access Experian data, ensure that such devices are protected via device pass-code.

        3.7    

Applications utilized to access Experian data via smart tablets or smart phones must protect data while in transmission such as SSL protection and/or use of VPN, etc.

        3.8    

Only open email attachments and links from trusted sources and after verifying legitimacy.

        3.9    

When no longer in use, ensure that hard-copy materials containing Experian data are crosscut shredded, incinerated, or pulped such that there is reasonable assurance the hard-copy materials cannot be reconstructed.

        3.10    

When no longer in use, electronic media containing Experian data is rendered unrecoverable via a secure wipe program in accordance with industry-accepted standards for secure deletion, or otherwise physically destroying the media (for example, degaussing).

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 Safeguards Rule.

        4.2    

Suitable to complexity and size of the organization, establish and publish information security and acceptable user policies identifying user responsibilities and addressing requirements in line with this document and applicable laws and regulations.

        4.3    

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. If you believe Experian data may have been compromised, immediately notify N.A.I.L. within twenty-four (24) hours or per agreed contractual notification timeline (See also Section 8).

        4.4    

The FACTA Disposal Rules requires that Company 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.

        4.5    

Implement and maintain ongoing mandatory security training and awareness sessions for all staff to underscore the importance of security in the organization.

        4.6    

When using third party service providers (e.g. application service providers) to access, transmit, store or process Experian data, ensure that service provider is compliant with the Experian Independent Third Party Assessment (EI3PA) program, and registered in Experian's list of compliant service providers. If the service provider is in the process of becoming compliant, it is Company's responsibility to ensure the service provider is engaged with Experian and an exception is granted in writing. Approved certifications in lieu of EI3PA can be found in the Glossary section.

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    

Change vendor defaults including but not limited to passwords, encryption keys, SNMP strings, and any other vendor defaults.

        5.6    

For wireless networks connected to or used for accessing or transmission of Experian data, ensure that networks are configured and firmware on wireless devices updated to support strong encryption (for example, IEEE 802.11i) for authentication and transmission over wireless networks.

        5.7    

When using service providers (e.g. software providers) to access N.A.I.L. systems, access to third party tools/services must require multi-factor authentication.

6. Regularly Monitor and Test Networks

        6.1    

Perform regular tests on information systems (port scanning, virus scanning, internal/external vulnerability scanning). Ensure that issues identified via testing are remediated according to the issue severity (e.g. fix critical issues immediately, high severity in 15 days, etc.)

        6.2    

Ensure that audit trails are enabled and active for systems and applications used to access, store, process, or transmit Experian data; establish a process for linking all access to such systems and applications. Ensure that security policies and procedures are in place to review security logs on daily or weekly basis and that follow-up to exceptions is required.

        6.3    

Use current best practices to protect telecommunications systems and any computer system or network device(s) used to provide Services hereunder to access N.A.I.L. 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.

7. Mobile and Cloud Technology

        7.1    

Storing Experian data on mobile devices is prohibited. Any exceptions must be obtained from Experian in writing; additional security requirements will apply.

        7.2    

Mobile applications development must follow industry known secure software development standard practices such as OWASP and OWASP Mobile Security Project adhering to common controls and addressing top risks.

        7.3    

Mobile applications development processes must follow secure software assessment methodology which includes appropriate application security testing (for example: static, dynamic analysis, penetration testing) and ensuring vulnerabilities are remediated.

        7.4    

Mobility solution server/system should be hardened in accordance with industry and vendor best practices such as Center for Internet Security (CIS) benchmarks, NIS, NSA, DISA and/or other.

        7.5    

Mobile applications and data shall be hosted on devices through a secure container separate from any personal applications and data. See details below. Under no circumstances is Experian data to be exchanged between secured and non-secured applications on the mobile device.

        7.6    

In case of non-consumer access, that is, commercial/business-to-business (B2B) users accessing Experian data via mobile applications (internally developed or using a third party application), ensure that multi-factor authentication and/or adaptive/risk-based authentication mechanisms are utilized to authenticate users to application.

        7.7    

When using cloud providers to access, transmit, store, or process Experian data ensure that:

  • Appropriate due diligence is conducted to maintain compliance with applicable laws and regulations and contractual obligations
  • Cloud providers must have gone through independent audits and are compliant with one or more of the following standards, or a current equivalent as approved/recognized by Experian:
    • ISO 27001
    • PCI DSS
    • EI3PA
    • SSAE 16 - SOC 2 or SOC3
    • FISMA
    • CAI / CCM assessment

8. General

        8.1    

N.A.I.L. may from time to time audit the security mechanisms Company maintains to safeguard access to Experian information, systems and electronic communications. Audits may include examination of systems security and associated administrative practices.

        8.2    

In cases where the Company is accessing Experian information and systems via third party software, the Company agrees to make available to N.A.I.L. upon request, audit trail information and management reports generated by the vendor software, regarding Company individual authorized users.

        8.3    

Company shall be responsible for and ensure that third party software, which accesses N.A.I.L. information systems, is secure, and protects this vendor software against unauthorized modification, copy and placement on systems which have not been authorized for its use.

        8.4    

Company shall conduct software development (for software which accesses N.A.I.L. information systems; this applies to both in-house or outsourced software development) based on the following requirements:
        8.4.1    

Software development must follow industry known secure software development standard practices such as OWASP adhering to common controls and addressing top risks.

        8.4.2    

Software development processes must follow secure software assessment methodology which includes appropriate application security testing (for example: static, dynamic analysis, penetration testing) and ensuring vulnerabilities are remediated.

        8.4.3    

Software solution server/system should be hardened in accordance with industry and vendor best practices such as Center for Internet Security (CIS) benchmarks, NIS, NSA, DISA and/or other.

        8.5    

Reasonable access to audit trail reports of systems utilized to access N.A.I.L. systems shall be made available to N.A.I.L. upon request, for example during breach investigation or while performing audits

        8.6    

Data requests from Company to N.A.I.L. must include the IP address of the device from which the request originated (i.e., the requesting client's IP address), where applicable.

        8.7    

Company shall report actual security violations or incidents that impact Experian to N.A.I.L. within twenty-four (24) hours or per agreed contractual notification timeline. Company agrees to provide notice to N.A.I.L. of any confirmed security breach that may involve data related to the contractual relationship, to the extent required under and in compliance with applicable law. Telephone notification is preferred at 800-352-3395, Email notification will be sent to landlord@nail-usa.com.

        8.8    

Company acknowledges and agrees that the Company (a) has received a copy of these requirements, (b) has read and understands Company's obligations described in the requirements, (c) will communicate the contents of the applicable requirements contained herein, and any subsequent updates hereto, to all employees that shall have access to N.A.I.L. services, systems or data, and (d) will abide by the provisions of these requirements when accessing Experian data.

        8.9    

Company understands that its use of N.A.I.L. networking and computing resources may be monitored and audited by N.A.I.L., without further notice.

        8.10    

Company acknowledges and agrees that it is responsible for all activities of its employees/authorized users, and for assuring that mechanisms to access N.A.I.L. services or data are secure and in compliance with its membership agreement.

        8.11    

When using third party service providers to access, transmit, or store Experian data, additional documentation may be required by N.A.I.L..

Record Retention: The Federal Equal Credit Opportunity Act states that a creditor must preserve all written or recorded information connected with an application for 25 months. In keeping with the ECOA, Experian 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 consumer complaint that your company impermissibly accessed their credit report, Experian 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 $3,500 per violation."

 

I am signing this Access Security Requirement by typing my name, and today's date below.

Subscriber understands its responsibilities for Access Security

Electronic Signature
  Subscriber's Name:   
  Officer Name:    (If applicable)
  Date:   

Accept     (you must check in order to submit this app)
By selecting "Accept" you agree to the following:
"Subscriber understands its responsibilities for Access Security."

 


 

N.A.I.L. Public Records Data Source Requirements

GENERAL

  • Data obtained from N.A.I.L. Public Records may not be used to threaten, intimidate, harass, or injure any individual, including sex offender registrants or family members.

  • Data received from any Sex Offender Registry may not be used for solicitation or fund-raising purposes. In addition, state laws frequently limit the use of such data to specified purposes. Without limiting Licensee’s obligations to comply with all applicable laws, N.A.I.L. Public Records notes, in particular, requirements under certain California and New Jersey laws with respect to such data, excerpts from which are reproduced below for Licensee’s reference.

    Certain Data Sources may include "control" or "salted" data as a portion of the provided information as a means to ensure compliance with Data Source Requirements and applicable law.

STATE-SPECIFIC
  1. ARIZONA: Data received from Arizona Gilbert Municipal Court, Maricopa County Justice Courts, Pima County Consolidated Justice Court, Supreme Court, Administrative Office of the Courts and Superior Court of Maricopa County (“Arizona Data”)

    1. Licensee is required to scrub and update Arizona Data on an ongoing basis: Within two (2) days of notice from N.A.I.L. Public Records of amended, sealed, corrected, or restricted Arizona Data, Licensee shall remove such data from its files.

    2. Social Security Number Redaction: Licensee agrees to delete any nine-digit Social Security Number inadvertently included in the data or to take other appropriate action to ensure that nine-digit Social Security Numbers are not provided to its customers.

    3. The Arizona Data cannot be used for commercial solicitation purposes: Licensee shall not use, and shall not permit any customer to use, the Arizona Data for commercial solicitation of any individual named in the Arizona Data.

      For Arizona Data received from Pima County Superior Court: Licensee agrees to limit the use of the records to providing employment and tenant screening services to Licensee’s clients.

    4. Licensee must purge data after notice of termination of contract between N.A.I.L. Public Records and the Data Source: Within ten (10) days of notice of termination of any agreement between N.A.I.L. Public Records and an Arizona Data Source, Licensee will purge any and all copies of Arizona Data from such Data Source and certify in writing to directly to such Data Source that the data has been destroyed.

    5. Licensee must provide disclosure statements to its customers: The following disclosure statements must be provided by Licensee to its customers at the time any Arizona Data is provided to such customer:

        For Maricopa County Justice Courts Data:
        The data provided is based on data obtained from Maricopa County Justice Courts in Arizona, as of date most current version was created. The Maricopa County Justice Courts in Arizona does not provide any warranties, express or implied, that the data provided is accurate, current, correct, or complete, nor do they make any representations regarding the identity of any persons whose names appear in the data. It is expressly understood that it is the responsibility of users to verify the data by personally comparing it with the official court records on file at one of the Maricopa County Justice Courts with jurisdiction.

        For Maricopa County Superior Court Data:
        The data provided is based on data obtained from the Clerk of the Superior Court in Maricopa County, Arizona as of (insert date most current version was created). The Clerk of the Superior Court in Maricopa County, Arizona provides no warranties, express or implied, that the data provided is accurate, current, correct, or complete. It is expressly understood that it is the responsibility of users, subscribers, customers, clients, or other third parties to whom the data is supplied to verify the data obtained under this agreement with the official court records.

        For Pima County Consolidated Justice Court:
        The data provided is based on the most current data obtained from the Pima County Consolidated Justice Court. Neither the Pima County Consolidated Court, nor any other courts of the State of Arizona, nor Pima County provide any warranties, express or implied, that the data provided is accurate, current, correct, or complete, nor do they make any representations regarding the identity of any persons whose names appear in the data. It is expressly understood that it is the responsibility of users to verify the data by personally comparing it with the official court records on file at the court of origin.

        For Arizona Supreme Court Data:
        The data provided is based on data obtained from the Arizona Supreme Court, Administrative Office of the Courts as of (insert date most current version was created). Neither the Arizona Supreme Court, the Administrative Office of the Courts, nor any other courts of the state of Arizona provide any warranties, express or implied, that the data provided is accurate, current, correct, or complete, nor do they make any representations regarding the identity of any persons whose names appear in the data. It is expressly understood that it is the responsibility of users to verify the data by personally comparing it with the official court records on file at the court of origin.

    6. Licensee shall comply with prohibitions regarding unrestricted access on the Internet: Licensee will not publish or re-disseminate the Arizona Data for the purpose of unrestricted access on the Internet with any of the following personal identifiers: party name, address, date of birth, or last four digits of a social security or driver license number.

  2. ARKANSAS: Data received from Arkansas Administrative Office of the Courts (“Arkansas Data”)

    1. Licensee will not provide inaccurate Arkansas Data: Licensee shall not provide inaccurate Arkansas Data to its customers or subscribers.

    2. Licensee shall only provide updated Arkansas Data: Licensee shall not provide any of its subscribers or customers any Arkansas Data other than the Arkansas Data in its most recently updated records.

    3. No prohibition against identifying N.A.I.L. Public Records as source of Arkansas Data to Arkansas Administrative Office of the Court: Licensee shall not be prohibited from or penalized for revealing to the Arkansas Administrative Office of the Court the name of N.A.I.L. Public Records as the source of the Arkansas Data.

    4. Licensee shall provide a disclaimer regarding official case record: Licensee shall prominently display a disclaimer in each report of a record search provided to a subscriber, with each transfer of Arkansas Data to a customer, and at each search access portal made available to a subscriber. The disclaimer shall read:

        The official custodian of all official court records for each court in Arkansas is the clerk of the court. The Arkansas Administrative Office of the Court (“AOC”) is not the official custodian of any case record and provides only copies of data entered or provided by clerks. Data provided through this service may not reflect pending or post-disposition activity on a case. The AOC does not warrant the accuracy of the data. To verify a record’s accuracy, contact the clerk of the court of record.

  3. CALIFORNIA: Data from the California Sex Offender Registry (“California Data”)

    Cal. Penal Code § 290.4 states, in part:

    (1) A person is authorized to use information disclosed pursuant to this section only to protect a person at risk.
    (2) Except as authorized under paragraph (1) or any other provision of law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited:

    1. Health insurance.
    2. Insurance.
    3. Loans.
    4. Credit.
    5. Employment.
    6. Education, scholarships, or fellowships.
    7. Housing or accommodations.
    8. Benefits, privileges, or services provided by any business establishment.

  4. CONNECTICUT: Data received from the Connecticut Department of Corrections and the State of Connecticut, Judicial Branch (“Connecticut Data”)

      For Connecticut Department of Corrections Data:

      • Prohibited Use of Pre-Conviction Data: The Connecticut Department of Corrections Data contains names and information on individuals who are sentenced or currently on pre-trial status and have not been convicted. This information is not to be used for the purposes of a criminal background check.

      For State of Connecticut, Judicial Branch Data:

      • Prohibited Bulk Distribution: Licensee agrees not to sell or redistribute the State of Connecticut, Judicial Branch Data except insofar as it has been incorporated by the User into a value-added product or service that does not permit the extraction of a substantial portion of the bulk data from the value-added product or service used by other parties.
      • Prohibited Solicitation. Licensee agrees not to use the data to allow, enable or otherwise support the transmission by e-mail, telephone or facsimile of mass, unsolicited, commercial advertising or solicitations to entities other than its own existing customers.

  5. FLORIDA: Data received from Manatee County Clerk of Circuit Court (“Florida Data”)

    1. Licensee may not represent Florida Data as official government record: The Florida Data is for use in the ordinary course of business and is not intended or permitted to be represented during commercial resale as the official governmental record required by law.

  6. IDAHO: Data received from the Idaho Sex Offender Registry (“Idaho Data”)

    1. Cautionary Statement to Licensee and customers:

      The information in the Idaho sex offender registry is provided only for the purpose of protecting the public. It is not to be used for the purpose of harassing or intimidating anyone. A person who uses registry information to commit a criminal act against another person is subject to arrest and prosecution under sections 18-8326 or 18-8413, Idaho Code.

  7. ILLINOIS: Data received from Circuit Court of Cook County (“Illinois Data”)

    1. Notice and disclaimer to Licensee: The Illinois Data shall be current as of the calendar date on which it is disseminated. Neither the Circuit Court of Cook County nor the Clerk of the Circuit Court of Cook County warrants the accuracy, completeness, or currency of the Illinois Data. The Illinois Data is not an official record of the Court or the Clerk and may not be represented as an official court record.

    2. Disclaimer to Licensee’s customers: Licensee shall include a disclaimer with each subsequent dissemination of the Illinois Data. The disclaimer may be in the same format as the Illinois Data being disseminated and shall state in substance:

      Neither the Circuit Court of Cook County nor the Clerk of the Circuit Court of Cook County warrants the accuracy, completeness, or currency of this data. This data is not an official record of the Court or the Clerk and may not be represented as an official court record.

  8. MAINE: Data received from Maine Sex Offender Registry (“Maine Data”)

    1. Notice and disclaimer to Licensee: Licensee shall use, and shall require its customers to use, the Maine Data for public safety and community awareness purposes only.

  9. NEW JERSEY: Data from the New Jersey Sex Offender Registry (“New Jersey Data”)

    N.J. Stat. Ann. § 2C:7-16 states, in part:

    1. Any information disclosed pursuant to this act may be used in any manner by any person or by any public, governmental or private entity, organization or official, or any agent thereof, for any lawful purpose consistent with the enhancement of public safety.

    2. Except as authorized under any other provision of law, use of any of the information disclosed pursuant to this act for the purpose of applying for, obtaining, or denying any of the following, is prohibited:
      1. Health insurance;
      2. Insurance;
      3. Loans;
      4. Credit;
      5. Education, scholarships, or fellowships;
      6. Benefits, privileges, or services provided by any business establishment, unless for a purpose consistent with the enhancement of public safety; or
      7. Housing or accommodations.

  10. NEW MEXICO: Data received from agencies in New Mexico State (“New Mexico Data”)

    1. No Solicitation or Fund-raising: New Mexico Data may not be used for solicitation or fund-raising purposes.

  11. NEW YORK: Data received from agencies in New York State (“New York Data”)

    1. No Solicitation or Fund-raising: New York Data may not be used for solicitation or fund-raising purposes.

  12. NORTH CAROLINA: Data received from North Carolina Administrative Office of the Courts (“North Carolina Data”)

    • Licensee must not provide inaccurate North Carolina Data: Licensee shall not provide inaccurate North Carolina Data to its customers or subscribers.

    • Notice regarding statements or advertisements: Licensee shall not state or advertise in any way that Licensee acquired its data from the NCAOC or that the NCAOC is the source of its data.

    • Warranty and liability terms: As required by the North Carolina Data Source, copies of the “Warranties” and “Limitation of Liability” sections of the agreement between N.A.I.L. Public Records and the North Carolina Data Source are hereby provided to Licensee (for purposes of the following excerpts, “LICENSEE” shall mean N.A.I.L. Public Records):

      • Warranties

        Except as set forth herein, no other warranties, whether express or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose, are made by the North Carolina Administrative Office of the Courts (NCAOC) with respect to electronic access to the NCAOC’s criminal and civil databases or for the implementation thereof.

        • The NCAOC provides no warranties, express or implied, for any computer programs and associated materials provided hereunder.
        • The NCAOC provides no warranties, express or implied, that the information or data accessed is accurate, correct, or complete.
        • The NCAOC provides no other warranties of any kind or nature, express or implied, in connection with this service.

        Limitation of Liability – NCAOC Criminal and Civil Databases Access

        • The North Carolina Administrative Office of the Courts (NCAOC) shall not be liable for any demand or claim, regardless of form of action, for any damages arising from causes beyond the control and without the fault or negligence of the NCAOC.
        • The NCAOC shall not be liable for any demand or claim, regardless of form of action, for any damages resulting from the use by the LICENSEE of any computer programs or other materials provided under this Agreement.
        • The NCAOC shall not be liable for any demand or claim, regardless of form of action, for any damages arising from incorrect or incomplete information or data accessed from this service. It is expressly understood by the parties that it is the LICENSEE’s responsibility to verify information or data obtained through access to the NCAOC’s criminal and civil databases with official information reposing at the court of record.
        • If the NCAOC is in a declared state of disaster recovery, the NCAOC shall not be liable for any demand or claim, regardless of form of action, for any damages arising from denial of access or inability to access data from the NCAOC system.
        • The NCAOC shall not be liable for any demand or claim, regardless of form of action, for any damages based upon alteration or modification made by the LICENSEE of any computer programs or other materials supplied hereunder, unless the NCAOC made, directed, or required such modification or alteration.
        • The NCAOC shall not be liable to the LICENSEE or any other party for any loss, including revenue; profits; time; goodwill; computer time; destruction; damages, or loss of data; or any other indirect, special, or consequential damage that may arise from the use, operation, or modification of the NCAOC’s criminal and civil databases.

      • Disclaimer regarding reports attributed to North Carolina Administrative Office of the Courts: If N.A.I.L. Public Records identifies the NCAOC as the source of any information provided to Licensee, the following disclaimer shall apply:

          The official custodian of all official court records for each county in North Carolina is the clerk of superior court of that county. The North Carolina Administrative Office of the Courts is not the official custodian of any case records and provides only copies of data entered by the clerks. To verify a record’s accuracy, contact the clerk of the county of record.

      • List to North Carolina Administrative Office of the Courts: Upon request, N.A.I.L. Public Records may provide the North Carolina Administrative Office of the Courts with a list of the N.A.I.L. Public Records’ customers and subscribers, including Licensee.

      • Contact Specific County. North Carolina Administrative Office of the Courts is not the official custodian of any case records and consequently cannot assist with verification or disputes regarding case records, therefore Licensee shall contact the clerk of the applicable county as identified in the applicable record for verification or to dispute any records obtained through N.A.I.L. Public Records.

  13. OHIO: Data received from Ohio Department of Rehabilitation and Correction (“Ohio Data”)

    1. Notice to Licensee: The Provider of the Ohio Data does not warrant the comprehensiveness, completeness, accuracy or adequacy for any particular use or purpose of the Ohio Data and expressly disclaims all warranties express or implied as to any matter whatsoever. Provider will not be responsible for any loss or damage caused by the use of the Ohio Data.

  14. OREGON: Data received from Oregon Judicial Department (“Oregon Data”)

    1. Notice to Licensee regarding official data: The files containing Oregon Data are not official records of the court, and Licensee should verify the Oregon Data by personally consulting the “official” record reposing at the court of record.

    2. Licensee must update Oregon Data: Licensee shall promptly update the Oregon Data received from N.A.I.L. Public Records.

  15. PENNSYLVANIA: Data received from the Administrative Office of the Pennsylvania Courts (“Pennsylvania Data”)

    1. Notice regarding official data: N.A.I.L. Public Records hereby provides the following notice to Licensee, and Licensee shall provide the following notice to its customers:

        Electronic case record information received from the Commonwealth of Pennsylvania is not an official case record; official case records are maintained by the court in which the record was filed.

    2. Notice upon termination of agreement: In the event of termination of any agreement between N.A.I.L. Public Records and the Pennsylvania Data Source, N.A.I.L. Public Records shall notify Licensee, and Licensee shall notify its customers, to cease using the Pennsylvania Data, and Licensee shall ensure that the Pennsylvania Data is removed from the databases of Licensee and its customers.

    3. Required disclosure with each distribution of electronic information: Licensee shall ensure that the following statement is displayed or provided every time electronic case information containing Pennsylvania Data is provided to a customer:

        The data or information provided is based upon information received by the Administrative Office of Pennsylvania Courts ("AOPC"). AOPC makes no representation as to the accuracy, completeness or utility, for any general or specific purpose, of the information provided and as such, assumes no liability for inaccurate or delayed data, errors or omissions. Use of this information is at your own risk. AOPC makes no representations regarding the identity of any persons whose names appear in the records. User should verify that the information is accurate and current by personally consulting the official record reposing in the court wherein the record is maintained.”

    4. Excluded data shall not be disclosed: Licensee shall delete any electronic case record information that is inadvertently included in the Pennsylvania Data and is excluded from public access under Section 3.00 of the Electronic Case Record Public Access Policy of the Unified Judicial System of Pennsylvania.

    5. List to Commonwealth of Pennsylvania: N.A.I.L. Public Records may provide the Commonwealth of Pennsylvania with a list (updated within 30 days of any change) of all of N.A.I.L. Public Records’ websites, subsidiaries, affiliates, customers, clients and other third party recipients that use or distribute information obtained from the Pennsylvania Data Source, including Licensee and its customers.

  16. SOUTH CAROLINA: Data received from agencies in South Carolina State (“South Carolina Data”)

    1. No Solicitation or Fund-raising: South Carolina Data may not be used for solicitation or fund-raising purposes.

  17. UTAH: Data received from Utah Administrative Office of the Courts (“Utah Data”)

    1. Required Agreement and Notice Disclosure Statement. A written agreement must be obtained from each subscriber, customer, client or other third party that
      1. describes the authorized uses of the Utah Data;
      2. includes a provision for immediate termination in the event of improper use of the Utah Data;
      3. requires customers to remove from their files any Utah Data that has been amended, corrected, sealed, or otherwise restricted within two (2) business days from receiving notice from Public Records;
      4. requires customers, within ten (10) days of receiving notice from Public Records of the termination of the Agreement between Public Records and Utah Administrative Office of the Courts to purge any and all copies of the Utah Data and certify in writing directly to the Utah Administrative Office of the Courts that the customer has destroyed the Utah Data;
      5. includes the following disclosure statement at the time any Utah Data is provided to any such individual or entity: “The data provided is based on data obtained from the Utah Administrative Office of the Courts as of . Neither the Administrative Office of the Courts, nor any other courts of the State of Utah provide any warranties, express or implied, that the data provided is accurate, current, correct, or complete, nor do they make any representations regarding the identity of any persons whose names appear in the data. It is expressly understood that it is the responsibility of users to verify the data by personally comparing it with the official court records on file with the court of origin.”

  18. WASHINGTON: Data received from the State of Washington Administrative Office of the Courts (“Washington AOC Data”):

    1. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY: The information or data provided is based on information obtained from the courts as of the period of time covered by the monthly update. The Administrative Office of the Courts and the Washington Courts: 1) do not warrant that the information is accurate or complete except for court purposes; 2) make no representations regarding the identity of any persons whose names appear in the Index; and 3) deny liability for any damages resulting from the release or use of the data. To verify the information, the user should personally consult the “official” record reposing at the court of record.

    2. Warranty and liability terms: As required by the Washington Data Source, copies of the “Warranties” and “Limitation of Liability” sections of the agreement between N.A.I.L. Public Records and the Washington Data Source are hereby provided to Licensee (for purposes of the following excerpts, “LICENSEE” shall mean N.A.I.L. Public Records, and “AOC” shall mean the State of Washington Administrative Office of the Courts):

        DISCLAIMER OF WARRANTIES:
        1. THE AOC PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO INFORMATION OR DATA PROVIDED UNDER THIS AGREEMENT.
        2. THE AOC PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, THAT THE INFORMATION OR DATA PROVIDED IS ACCURATE, CURRENT, CORRECT, OR COMPLETE. IT IS EXPRESSLY UNDERSTOOD BY THE PARTIES THAT IT IS THE RESPONSIBILITY OF THE LICENSEE AND/OR ITS CUSTOMERS, CLIENTS, OR OTHER THIRD PARTIES TO WHOM THE INFORMATION AND DATA WAS SUPPLIED TO VERIFY INFORMATION OR DATA OBTAINED UNDER THIS AGREEMENT WITH OFFICIAL COURT INFORMATION REPOSING AT THE COURT OF RECORD.

        LIMITATION OF LIABILITY:
        THE LICENSEE ACKNOWLEDGES AND ACCEPTS THAT ALL INFORMATION AND DATA PROVIDED UNDER THIS AGREEMENT IS PROVIDED ON AN AS IS BASIS AND THAT THE INFORMATION AND DATA MAY BE SUBJECT TO ERROR OR OMISSION AND THEREFORE AGREES THAT THE AOC SHALL NOT BE RESPONSIBLE NOR LIABLE IN ANY WAY WHATSOEVER FOR THE VALIDITY OF ANY DATA PROVIDED OR FOR THE USE OF THE INFORMATION AND DATA PROVIDED. SPECIFICALLY:

        1. THE AOC SHALL NOT BE LIABLE FOR ANY DEMAND OR CLAIM, REGARDLESS OF FORM OF ACTION, FOR ANY DAMAGES RESULTING FROM THE USE BY THE LICENSEE OF ANY INFORMATION OR DATA PROVIDED UNDER THIS AGREEMENT.
        2. THE AOC SHALL NOT BE LIABLE FOR ANY DEMAND OR CLAIM, REGARDLESS OF FORM OF ACTION, FOR ANY DAMAGES ARISING FROM INCORRECT OR INCOMPLETE INFORMATION OR DATA PROVIDED UNDER THIS AGREEMENT.
        3. THE AOC SHALL NOT BE LIABLE TO THE LICENSEE OR ANY OTHER PARTY FOR ANY LOSS, INCLUDING REVENUE, PROFITS, TIME, GOODWILL, COMPUTER TIME, DESTRUCTION, DAMAGE, OR LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGE WHICH MAY ARISE FROM THE USE, OPERATION, OR MODIFICATION OF DATA PROVIDED UNDER THIS AGREEMENT.

    3. Audits: N.A.I.L. Public Records may perform an audit of the subscriber to verify appropriate use of the data provided by the AOC. N.A.I.L. Public Records may: (i) conduct random audits of subscribers; (ii) conduct audits of specific customers at any time N.A.I.L. Public Records has reason to believe that the subscriber is violating any of the terms of the subscriber agreement, or (iii) if the AOC requests an audit for any reason.

    4. Use restrictions: Personally-identifiable information shall not be used for commercial solicitation purposes or in an indiscriminate and reckless manner, and "control" or "salted" data may be included as a portion of the information provided by the Washington Data Source as a means to ensure compliance with such use restrictions.

  19. WISCONSIN: Data received from Wisconsin Administrative Office of the Courts (“Wisconsin AOC Data”):

    1. It may be a violation of state law to discriminate against a job applicant because of an arrest or conviction record. Generally speaking, an employer may refuse to hire an applicant on the basis of a conviction only if the circumstances of the conviction substantially relate to the particular job. For more information, see Wis. Stats. 111.335 and the Department of Workforce Development’s “Arrest and Conviction Records under the Law publication.

 


 

Commercial Transaction End User Requirements

Each End User will obtain the consumer’s express written instruction to access the consumer’s consumer report for the purpose described above in a clear and conspicuous manner. If End User’s "permissible purpose" is based upon the written instructions of the consumer via the Internet, then End User shall obtain the consumer’s written instructions in a manner substantially similar to that provided for in Section A below or if End User’s "permissible purpose" is based upon written instructions of the consumer via the telephone, then End User shall obtain the consumer’s written instructions in a manner substantially similar to that provided for in Section B below. In addition to the requirements described herein, End User shall comply with all applicable electronic records and signatures laws, including but not limited to the Electronic Signatures in Global and National Commerce Act.

  1. Written Instructions by Internet. If End User is obtaining a consumer’s written instructions by Internet for access to a consumer report in connection with a commercial transaction, End User shall comply with the following requirements.
    1. End User will prominently display a message specifically informing the consumer that his or her credit report will be consulted for the use described above and no other purpose, and that clicking on the "I AGREE" button following such notice constitutes written instructions to the End User under the FCRA. The notice provided by End User will be substantially as follows:

      "You understand that by clicking on the I AGREE button immediately following this notice, you are providing ‘written instructions’ to (End User) under the Fair Credit Reporting Act authorizing (End User) to obtain information from your personal credit report or other information from The National Association of Independent Landlords. You authorize (End User) to obtain such information solely to use for the purpose of tenant screening."

    2. The "I AGREE" button must immediately follow the notice provided for above. The notice and "I AGREE" button must be separate from any other notice or message contained on the web site.

    3. The consumer must have the ability to fully review any of the terms to which he or she is agreeing immediately preceding the consensual click.

    4. The consumer must not be able to proceed in the process without affirmatively agreeing to the terms in the notice.

    5. Prior to consenting, the consumer must be provided with a statement of the hardware and software requirements for access to and retention of the terms to which he or she is agreeing, including their consent, and the consumer must consent in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information that is the subject of the consent.

    6. The consumer must have the ability (should they choose) to print out the terms to which he or she is agreeing, including their consent.

    7. The record of the consumer’s ‘written instruction’ by clicking "I AGREE" must be retained by End User in a form that is capable of being accurately reproduced for later reference by the parties.

    8. The consumer must be informed how, after providing consent, he or she may, upon request, obtain a paper copy of any applicable electronic record, and whether any fee will be charged for such copy.

    9. The End User must provide the consumer with information on how the consumer can update his or her contact information to the extent required by applicable law.

  2. Written Instructions by Telephone. If End User is obtaining a consumer’s written instructions over the telephone for access to a consumer report in connection with a commercial transaction, End User shall comply with Section A of this Exhibit, including as specifically modified below:

    1. End User will ask each consumer to confirm his or her consent to access such person’s credit report by asking the following: "You need to authorize (End User) to access your credit report for the purpose of tenant screening. Please confirm your authorization to access your credit report for the purpose of tenant screening by pressing the # key now";

    2. The consumer must not be able to proceed in the process without affirmatively agreeing to allow access to his credit report as provided above; and

    3. The record of the consumer’s ‘written instruction’ by pressing the # symbol must be retained by End User in a form that is capable of being accurately reproduced for later reference by the parties.

 


 

Credit Scoring Services Agreement

  • The End User's warranty that it has a "permissible purpose" under the Fair Credit Reporting Act, as it may be amended from time to time, to obtain the information derived from the Experian/Fair, Isaac Model.

  • The End User's agreement to limit its use of the Scores and reason codes solely to use in its own business with no right to transfer or otherwise sell, license, sublicense or distribute said Scores or reason codes to third parties.

  • A requirement that each End User maintain internal procedures to minimize the risk of unauthorized disclosure and agree that such Scores and reason codes will be held in strict confidence and disclosed only to those of its employees with a "need to know" and to no other person

  • Notwithstanding any contrary provision of this End User Agreement, End User may disclose the Scores provided to the End User under this End User Agreement to credit applicants, when accompanied by the corresponding reason codes, in the context of bona fide lending transactions and decisions only.

  • A requirement that each End User comply with all applicable laws and regulations in using the Scores and reason codes purchased from Broker

  • A prohibition on the use by End User, its employees, agents or subcontractors, of the trademarks, service marks, logos, names, or any other proprietary designations, whether registered or unregistered, of Experian Information Solutions, Inc. or Fair, Isaac and Company, or the affiliates of either of them, or of any other party involved in the provision of the Experian/Fair, Isaac Model without such entity's prior written consent

  • A prohibition on any attempts by End User, in any manner, directly or indirectly, to discover or reverse engineer any confidential and proprietary criteria developed or used by Experian/Fair, Isaac in performing the Experian/Fair, Isaac Model

  • Warranty. Experian/Fair, Isaac warrants that the Experian/Fair, Isaac Model is empirically derived and demonstrably and statistically sound and that to the extent the population to which the Experian/Fair, Isaac Model is applied is similar to the population sample on which the Experian/Fair, Isaac Model was developed, the Experian/Fair, Isaac Model score may be relied upon by Broker and/or End Users to rank consumers in the order of the risk of unsatisfactory payment such consumers might present to End Users. Experian/Fair, Isaac further warrants that so long as it provides the Experian/Fair Isaac Model, it will comply with the regulations promulgated from time to time pursuant to the Equal Credit Opportunity Act, 15 USC Section 1691 et seq. THE FOREGOING WARRANTIES ARE THE ONLY WARRANTIES EXPERIAN/FAIR, ISAAC HAVE GIVEN BROKER AND/OR END USERS WITH RESPECT TO THE EXPERIAN/FAIR, ISAAC MODEL AND SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EXPERIAN/FAIR ISAAC MIGHT HAVE GIVEN BROKER AND/OR END USERS WITH RESPECT THERETO, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Broker and each respective End User's rights under the foregoing Warranty are expressly conditioned upon each respective End User's periodic revalidation of the Experian/Fair, Isaac Model in compliance with the requirements of Regulation B as it my be amended from time to time (12 CFR Section 202 et seq.)

  • A provision limiting the aggregate liability of Experian/Fair, Isaac to each End User to the lesser of the Fees paid by broker to Experian/Fair, Isaac pursuant to Section 3. A (In consideration of Experian/Fair, Isaac's performance of the Experian/Fair, Isaac Model, Broker will pay Experian/Fair, Isaac fees (the "Fees") as agred upon in writing by Broker and Experian/Fair, Isaac from time to time.) of this Agreement for the Experian/Fair, Isaac Model resold to the pertinent End User during the six (6) month period immediately preceding the End User's claim, or the fees paid by the pertinent End User to Broker under the Resale Contract during said six (6) month period, and excluding any liability of Experian/Fair, Isaac for incidental, indirect special or consequential damages of any kind.

    I/We fully understand the terms and conditions of your agreement and agree to proper consideration of extended credit.

     

    I am signing this Credit Scoring Services Agreement by typing my name, and today's date below.

    Subscriber understands its responsibilities for Credit Scoring

    Electronic Signature
      Subscriber's Name:   
      Officer's Name:    (If applicable)
      Date:   

    Accept     (you must check in order to submit this app)
    By selecting "Accept" you agree to the following:
    "Subscriber understands its responsibilities for Credit Scoring."

     


     

    National Association of Independent Landlords, Inc.
    Payment Agreement

      Subscriber Name:   
      Officer's Name:    (If applicable)

    I hereby authorize Landlord Association to charge my credit card for payment on my account for amounts due for services received by reason of my agreement to receive services to said company. I understand this will be charged ONLY as payments are due.

      Card Holders Name:   
      Name as it appears on Credit Card:   
      Type of Credit Card:      Account #:  
      Expiration Date:      CVV 3 or 4-digit Security Code:   What's This?
      Date:   

     


     

    Consent to Onsite Inspection

    If you choose the option of obtaining Full Comprehensive Experian Credit Reports an onsite inspection will be ordered for you and you will be charged a fee of $60.00 (Nevada residents $100.00). A representative from ComplyTraq will call you to set up an appointment to conduct and onsite inspection of your home, or business. NOTE: All residential clients who are receiving full comprehensive credit reports are required to undergo an onsite inspection annually.

     

    I hereby confirm that I understand the requirements for onsite inspection completion to receive full credit reports

    Subscriber understands its responsibilities for Onsite Inspection

    Electronic Signature
      Subscriber's Name:   
      Officer's Name:    (If applicable)
      Date:   

    Would you like to receive Full Comprehensive Credit Reports in lieu of Pre-Qualification Responses? (Please note this requires an onsite inspection of the location where you pull and store your credit reports. By choosing "YES" you agree to pay for an onsite inspection).

     Yes        No  

    Please sign below to authorize an onsite inspection:

     
    I hereby authorize Landlord Association to charge my credit card for payment for an onsite inspection and am
    aware that I will be contacted by an outside source, ComplyTraq, to set up an onsite inspection at my convenience.


    Onsite Inspection Authorization

    Electronic Signature
      Subscriber's Name:   
      Officer's Name:    (If applicable)
      Date:   

     


     

    TENANT CODIFIED AUTHORIZATION AGREEMENT

           Applicant warrants that it has an agreement for service and an account in good standing with National Association of Independent Landlords, Inc. ("Landlord Association") for a permissible purpose under the Fair Credit Reporting Act to obtain information.

           Applicant certifies that all information, whether oral or written, shall be maintained by Applicant in strict confidence and disclosed only to employees whose duties reasonably relate to the legitimate business purpose for which the information is requested and will not sell or otherwise distribute to third parties any information received thereunder, except as otherwise required by law.

           Applicant understands and agrees that the codified information communicated to Applicant by Landlord Association is a summary, "pass/fail" authorization based on parameters agreed to by Applicant and Applicant agrees to hold harmless Landlord Association from and against any and all responsibility for the accuracy of the summary of the information communicated thereby.

     
     
    Specific Business Purpose: 
    Type of Business: 
    Subscriber's Name: 
    Officer's Name:   (If applicable)

    I am signing this TENANT CODIFIED AUTHORIZATION AGREEMENT by typing my name and today's date below.

    Electronic Signature
    Name: 
    Date: 

    Accept     (you must check in order to submit this app)
    By selecting "Accept" you agree to the following:
    By selecting "Accept" you agree that the codified information communicated to Applicant by Landlord Association is a summary, "pass/fail" authorization based on parameters agreed to by Applicant and Applicant agrees to hold harmless Landlord Association from and against any and all responsibility for the accuracy of the summary of the information communicated thereby.

     


     

     

     
    National Association of Independent Landlords, 2029 Century Park East, Suite 420, Los Angeles, CA 90067