EXHIBIT B to PV’s Master Subscription Agreement
Terms and Conditions for Equifax Canada Services
- APPLICATION
This Exhibit B applies if Customer is authorized to receive IDecision Searches under an Order Form in Canada.
- DEFINITIONS
Capitalized terms in this Exhibit B shall have the meaning specified in the Agreement unless defined below:
- “Equifax” means Equifax Canada Inc.
- “Equifax Information” means all information proprietary to Equifax and that Equifax or PV may provide to Customer in the course of performing IDecision Services as well as all in response to an IDecision Search (i.e., Reseller Reports), but not Input Data.
- “IDecision Search” means a request submitted to Equifax to obtain the appropriate Reseller Report about an individual. The resulting Reseller Report will be either a Recommendation Report or a Long Form Report depending upon whether Customer is entitled to receive such Report under the Order Form to this Subscription Agreement.
- “IDecision Services” means the services Equifax performs and supplies under this Exhibit B either directly or through PV, including providing Equifax Information and any documentation, software, support or ancillary services required to generate Reseller Reports.
- “Input Data” means information provided to Equifax as part of an IDecision Search.
- “Long Form Report” means that in addition to the Recommendation Report, the Customer will also receive the full Equifax credit file for the individual relevant to the report.
- “Parties” means all of Customer, PV and Equifax.
- “Recommendation Report” means an “accept” or “decline” recommendation that will be provided to the Customer.
- “Reseller Report” means both a Recommendation Report and a Long Form Report. For clarity, Customer may only receive Recommendation Reports and/or Long Form Reports from PV as further described in this Exhibit B.
- SUPPLY OF IDECISION SERVICES
So long as Customer complies with this Exhibit B, Equifax will assign PV an access code for Customer that will correspond to Customer’s membership number to use in order to access IDecision Services. The access code will permit Customer access only to the type of Reseller Report it is entitled to receive and the type of IDecision Search being conducted.
The Parties will cooperate and provide each other with information reasonably requested to facilitate the performance of this Agreement.
PV gives Customer a non-exclusive, non-transferable, revocable license to use the IDecision Services and Reseller Reports.
Customer grants PV and Equifax an exclusive, non-transferable, royalty-free license to use consumer and other information it discloses from time to time to enable the supply of Equifax’s services under this Exhibit B. Equifax may add a note to each consumer’s credit file showing that Customer accessed it for credit adjudication purposes, and this note will be included in credit reports supplied to other persons. Additionally, such licence shall extend to Equifax’s use of the consumer and other information provided by Customer to create a new credit file for any consumer about whom it does not have a current credit file.
Customer shall use the IDecision Services only:
- for its direct business and the permitted purposes under this Exhibit B; and
- in a manner that complies with applicable laws, including Canadian federal and provincial laws.
Customer shall not:
- resell, transfer, distribute or otherwise give any third-party access to the IDecision Services or Reseller Reports;
- assert any intellectual property right claim or other interest in the IDecision Services or Reseller Reports;
- assign or otherwise transfer any of its rights to use the IDecision Services or Reseller Reports.
Customer shall:
- obtain an individual’s consent to disclose their personal information to PV and Equifax to use it to perform the IDecision Services, including keeping a record of the IDecision Search, before sending the individual’s personal information to PV and Equifax;
- take reasonable steps to confirm an individual’s identity using another method before proceeding with a transaction with the individual if Equifax is unable to verify the individual’s identity for any reason, or returns a fraud alert, flag or other warning in response to an IDecision Search;
- keep all information, data and documentation relating to the IDecision Services, including any account codes and passwords used to access the IDecision Services and Reseller Reports, secure and confidential;
- securely destroy or delete Output Data when it no longer has a need to keep it;
- provide PV or Equifax with any relevant information and documents PV or Equifax requests to respond to any question, investigation or audit by PV or Equifax;
- give PV prompt notice of any change that occurs from time to time in the information it provided on its Customer information form; and
- comply with any changes made to this Exhibit B by PV or Equifax from time to time as a condition of its continued use of the IDecision Services.
Customer hereby consents to Equifax and PV each sharing any information about Customer’s use of the IDecision Services with the other, even if that information is otherwise protected under a written agreement between Customer and PV.
Customer hereby represents and warrants that all information which Customer provides to PV or Equifax shall be true, accurate and complete. In the event of any change in any such information, Customer shall notify PV immediately in writing.
Customer shall use the IDecision Services and Reseller Reports solely in connection with an individual entering into or renewing a tenancy agreement with Customer and for no other purpose. For greater certainty, the Reseller Reports and other information arising from the IDecision Services shall not be forwarded or shared with any third party. Customer shall comply with all applicable provincial and federal laws regarding consumer credit or consumer identity protection, and must properly dispose of consumer information (additional information is found in Exhibit 1 to this Exhibit B. Customer must have a permissible purpose and consumer consent to request consumer report information. Customer employees will not obtain any Equifax information on themselves or their associates or on any other person except in the exercise of their official duties as described above. Customer will establish policies and procedures to comply with these requirements as well as with all other applicable federal and provincial laws. Customer is prohibited from reselling Equifax information for any purpose including to individuals seeking information for their personal use.
Without limiting the generality of the provisions contained in this Exhibit B, Customer acknowledges that the businesses described in Exhibit 2 to this Exhibit B cannot be provided Equifax information.
Customer acknowledges that PV may only serve Customer if it has qualified as such in accordance with Equifax’s requirements, which includes a thorough credentialing process, visual sight inspection (on-site, if applicable) and a verified application for service which documents various items required by Equifax including:
- a valid business license or Harmonized Sales Tax (HST) Number;
- reasonable permissible purpose based upon the type of business, that is used for the purpose of determining an individual’s eligibility for tenancy;
- business facilities and business security guidelines that are sufficient to provide appropriate security for the protection of Equifax sensitive information (Customer codes, user IDs, passwords, etc.), or sensitive consumer information obtained. Such security will also keep any terminal(s), computers, laptops, handhelds or other equipment or hardware used to receive Equifax Consumer Information under controlled access; and
- Customer must be the end-user of the data. Equifax data or Reseller Reports may not be passed from Customer to any third party.
Customer acknowledges that the provisions of this Exhibit B may change from time to time in order to comply with Equifax’s requirements, and Customer agrees to comply with the provisions of this Exhibit B as so changed from time to time.
PV may change the provisions of this Exhibit B at any time to comply with applicable law, and Customer must agree to comply with the change before delivery of any further Reseller Reports to Customer.
- COMPLIANCE WITH LAWS, SECURITY AND AUDITS
Each Party will, at its own cost, perform this Exhibit B in compliance with all applicable laws, including Canadian federal and provincial privacy and credit reporting laws.
Customer will cooperate with all PV or Equifax investigations conducted in response to inquiries and requests received from individuals or regulatory agencies, including obtaining copies of relevant information and records from Customer.
Customer will maintain adequate security measures, to protect the integrity and security of Equifax’s data and systems.
PV may only access Equifax information and Equifax systems in connection with the performance of this Exhibit B.
Customer shall allow PV or Equifax to conduct an audit of its practices, procedures and records from time to time to confirm Customer’s compliance with this Exhibit B:
- in person at any time; and
- by telephone, electronically or in writing at any time.
Customer will provide all relevant information and documentation reasonably requested by PV or Equifax, in the course of an audit.
Customer is expected to be prompt in response to these audits to avoid suspension of Customer’s access to Equifax information. During an audit, Customer will be asked to provide documents which include support for two key points: (a) consumer information was obtained for the permissible purpose indicated in this Exhibit B; and (b) the consumer information was used by Customer as indicated. Documents that may be required include the original credit application and tenant application. Based on the results of an audit, Equifax or PV may take action with Customer that may include suspension or termination of service, and Customer acknowledges and agrees with any such action taken by Equifax or PV.
- WARRANTIES & DISCLAIMERS
Neither PV nor Equifax makes any representations, warranties or guarantees other than those expressly set out in this Exhibit B, and disclaims any implied warranty that the IDecision Services or Reseller Reports are merchantable or fit for a particular purpose.
Neither PV nor Equifax warrants, guarantees or represents that the IDecision Services will be provided without interruption or errors.
Because Reseller Reports are provided to Customer from various sources, PV cannot be an insurer or guarantor of the accuracy, completeness or reliability of the Reseller Reports and therefore neither PV nor Equifax makes any warranty, guarantee or representation in respect of the accuracy, reliability or completeness of the Reseller Reports.
Customer represents and warrants that:
- it will obtain the necessary consents from, and make any required disclosures to, each applicant before disclosing the applicant’s information to PV or Equifax; and
- it will order the services under this Exhibit B only in compliance with applicable federal and provincial laws and regulations including without limitation, consumer credit reporting and privacy and protection of personal information laws and will use the services for no purpose other than a purpose permitted by this Exhibit B and applicable laws and regulations, and will hold the services’ information in the strictest of confidence.
Each of the Parties acknowledges that it has not entered into this Exhibit B in reliance upon any warranty or representation except those expressly set out in this Exhibit B. This Section 5 shall survive expiration or termination of this Exhibit B.
- SUSPENSION AND TERMINATION
PV may immediately terminate this Exhibit B or suspend provision of Reseller Reports and IDecision Services without incurring any fee, penalty or claim if PV finds, in its sole discretion, that Customer has breached any of the provisions of this Exhibit B. If PV is unable to provide IDecision Services or Reseller Reports for any reason whatsoever, PV may terminate or suspend performance by it of this Exhibit B without incurring any fee, penalty or claim.
- INDEMNITY
Customer will indemnify PV and Equifax for all costs, claims, demands and expenses (including legal fees) incurred as a result of any claim by any third party caused by or related to any breach of this Exhibit B by Customer or Customer’s use of a Reseller Report or any IDecision Services, except to the extent that the costs, claims, demands and expenses were caused by PV’s own fault, negligence or its breach. This Section 7 shall survive expiration or termination of this Exhibit B.
EXHIBIT 1 to Terms and Conditions for Equifax Canada Services
Disposal of Consumer Information
- Definitions
“Consumer Information” means any record about an individual, whether in paper, electronic, or other form, that is a consumer report or is derived from a consumer report. Consumer information also means a compilation of such records. Consumer Information does not include information that does not identify individuals, such as aggregated or anonymized information.
“dispose,” “disposing,” or “disposal” means: (a) the discarding or abandonment of Consumer Information, or (b) the sale, donation, or transfer of any medium, including computer equipment upon which Consumer Information is stored.
- Proper Disposal of Consumer Information
- Any of the Parties who maintains Consumer Information for a business purpose must properly dispose of such information by taking reasonable measures to protect against unauthorized access to or use of the information in connection with its disposal.
- Reasonable measures to protect against unauthorized access to or use of Consumer Information in connection with its disposal include the following examples:
- Implementing and monitoring compliance with policies and procedures that require the burning, pulverizing, or shredding of papers containing Consumer Information so that the information cannot practicably be read or reconstructed.
- Implementing and monitoring compliance with policies and procedures that require the destruction or erasure of electronic media containing Consumer Information so that the information cannot practicably be read or reconstructed.
- After due diligence, entering into and monitoring compliance with a contract with another party engaged in the business of record destruction to dispose of material, specifically identified as Consumer Information, in a manner consistent with this rule.
- For persons who maintain Consumer Information through their provision of services directly to one of the Parties, implementing and monitoring compliance with policies and procedures that protect against unauthorized or unintentional disposal of Consumer Information, and disposing of such information.
EXHIBIT 2 to Terms and Conditions for Equifax Canada Services
Businesses that Cannot be Provided with Equifax Information
- Adult entertainment of any kind
- Business that operates out of an unrestricted location within a residence
- Attorneys or Law Firms (except collection attorneys, bankruptcy attorneys, or those attorneys who use reports solely for employment purposes)
- Bail bondsman, Check cashing, Credit counseling, Credit repair clinic or any type of company involved in credit repair activity
- Dating service
- Financial counseling
- Genealogical or heir research firm
- Massage service
- Company that locates missing children
- Pawn shop
- Private detectives, detective agencies or investigative companies except for employment purposes
- Individual seeking information for their private use
- Company that handles third party repossession
- Company or individual involved in spiritual counseling
- Subscriptions (magazines, book clubs, record clubs, etc.)
- Tattoo service
- Insurance Claims