|
forms and templates in their entirety. The final
<br />form and content of any forms or templates used
<br />by Client and its end -users is Client's and its
<br />end -users' sole responsibility and Barada shall
<br />not be held responsible or liable for their form or
<br />content or for any consequences arising out of
<br />their use. While Barada provides Client with
<br />such information, templates and/or forms, it is
<br />Client's and its end -users' responsibility to
<br />comply with all federal, state, and local statutes,
<br />regulations, rules, ordinances and/or court
<br />orders (collectively referred to as "Applicable
<br />Laws") and to understand how the FCRA and
<br />other Applicable Laws pertain to a specific
<br />screening program. Client and its end -users
<br />should consult their own legal counsel regarding
<br />their legal obligations and the sufficiency of any
<br />form they use.
<br />Ancillary Services
<br />Any ancillary services provided by Barada,
<br />including, without limitation, providing or hosting
<br />Client's compliance-related'forms, including
<br />without limitation consumer disclosures,
<br />authorizations, and adverse action notices; and
<br />background check information forms, resumes,
<br />and employment, tenant/rental or other
<br />applications, is purely clerical in nature and will
<br />be performed by Barada solely on behalf of and
<br />for the benefit of the Client. Client retains sole
<br />responsibility at all times for complying with all
<br />Applicable Laws related to these items, whether
<br />they are applied.or used by Client or its vendors.
<br />All information collected and decisions made,
<br />including hiring for employment, hiring for other
<br />purposes, renting/leasing, contracting and site -
<br />access decisions, are made solely by Client and
<br />not by Barada. Client assumes full responsibility
<br />for compliance with all Applicable Laws and for
<br />any hiring for employment, hiring for other
<br />purposes, renting/leasing, contracting and site -
<br />access decisions. The Parties acknowledge that
<br />Applicable Laws may restrict Client's use of the
<br />information provided and Barada's reporting of
<br />certain information, including the type of
<br />information and age of information reported.
<br />s. Access Security Requirements
<br />Both Parties agree to: (i) have reasonable
<br />procedures to secure the confidentiality of
<br />sensitive, personal and private information; and
<br />(ii) take precautionary measures to protect the
<br />security and dissemination of all consumer
<br />information including, without limitation,
<br />restricting terminal access, utilizing passwords
<br />to restrict access to terminal devices, and
<br />securing access to, dissemination and
<br />destruction of electronic and hard copy reports.
<br />Barada Master Service Agreement
<br />As a condition of entering into this Agreement,
<br />Client certifies that prior to ordering any
<br />consumer information from Barada, Client will
<br />have in place reasonable procedures designed
<br />to comply with all Applicable Laws concerning
<br />the retention, disclosure, and non -disclosure of
<br />confidential information. Client agrees to retain
<br />and disclose information pursuant to Applicable
<br />Laws. The Parties acknowledge they must work
<br />together to protect the privacy of consumers and
<br />reduce unauthorized access to consumer
<br />information. Client agrees to take reasonable
<br />measures to limit access to the Barada system
<br />and protect its account numbers and passwords
<br />so that only key personnel employed by Client
<br />know this sensitive information, including not
<br />posting this information anywhere in the facility.
<br />Client will change account passwords
<br />immediately if a person who knows the
<br />password leaves its company or no longer
<br />needs to have access due to a change in duties.
<br />Client will assign each user of its system access
<br />software a unique logon password. Client will
<br />not allow any of its users to share a logon
<br />password and will notify Barada, in writing and
<br />within a reasonable time, if any user ceases
<br />employment with Client or otherwise loses
<br />Barada system access privileges. Barada
<br />reserves the right to unilaterally revoke any
<br />user's access rights at its sole discretion. If
<br />Client's hardware upon which Barada's system
<br />has been accessed is no longer being used or is
<br />being disposed of, or if any password has been
<br />compromised or believed to be compromised in
<br />any way, Client shall change its relevant
<br />passwords immediately. Client shall not discuss
<br />its account number or password by telephone
<br />with any unknown caller, even if the caller claims
<br />to be an employee or representative of Barada.
<br />la. Talx Reports
<br />If products and services provided to Client
<br />include The Work Number reports from Talx
<br />Corporation, a provider of Equifax Verification
<br />Services ("EVS"), Client hereby acknowledges
<br />that in accordance with EVS requirements,
<br />Client agrees to comply with EVS requirements
<br />attached hereto as Exhibit A and incorporated
<br />hereby by reference.
<br />11. Indemnification
<br />Client shall indemnify, defend, and hold Barada
<br />harmless from and against any and all causes,
<br />actions, claims, litigation, demands, liabilities,
<br />loss, damage, cost, or expense of whatsoever
<br />kind and nature, including but not limited to
<br />attorneys' fees and court costs (collectively,
<br />"Liabilities"), which may be asserted against
<br />Confidential and Copyright 2017 Barada Associates Inc.
<br />Page 4
<br />
|