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 NAPS
Background Checks’ data service shall provide access to customer
through computer software, XML Integration, Internet
web browser, e-mail, telephone, fax or hard copy.
Customer agrees to carry out the following in order
to preserve the security of the Services being
provided.
1. To take appropriate measures so as to
protect against the misuse and/or unauthorized
access of our services through any methods,
including unauthorized access through or to
Customer’s user identification numbers or passwords
(“Account ID’s”). Such misuse or unauthorized access
shall include any disclosure, release; viewing or
other unauthorized access to information such as
social security numbers, driver’s license numbers or
dates of birth. Customer agrees that NAPS may
temporarily suspend Customer’s access for up to ten
(10) business days pending an investigation of
Customer’s use or access. Customer agrees to
cooperate fully with any and all investigations. If
any misuse or unauthorized access is found, NAPS may
immediately terminate this Agreement without notice
or liability of any kind.
2. The ability to access data shall be restricted to
only duly authorized personnel, whether by computer
and/or Internet-based systems or otherwise, all
according to procedures that meet or exceed all
applicable regulations including, but not limited
to, the FCRA, other applicable federal, state and
local laws, statutes, regulations, rules and court
orders. NAPS shall take commercially reasonable
measures to maintain the accessibility of its
services via Internet 24 hours a day, except for
such down time as necessary or advisable for upgrade
or maintenance. NAPS shall not be responsible for
establishing or maintaining Customer’s access to the
Internet.
3. Customer is hereby notified of the inherent risks
associated with all delivery methods of NAPS. Any
system or device of any kind used to obtain or
receive data services shall be placed in a secure
location within customer’s facility, and customer
shall take all necessary precautions to secure any
such system or device in such a manner as to prevent
unauthorized access. All such systems or devices
shall be disabled or locked after normal business
hours or when left unattended by authorized
personnel.
4. Each user of Customer’s system to access data
services will be assigned a unique logon password.
Customer shall protect account numbers and passwords
used to access data services in such a way as to be
known only to authorized personnel, and under no
circumstances will unauthorized personnel have
knowledge of any such account numbers or passwords.
Customer shall instruct each of Customer’s users to
change their password every ninety days to ensure
unauthorized access. Customer shall not post in any
manner, passwords or account numbers within
customer’s facility. Customer further agrees that
account numbers and passwords are not to be
discussed by telephone to any unknown caller, even
if the caller claims to be an employee of NAPS
and/or its Affiliates, until such time that verified
identification is made by NAPS. Customer shall
manage all Account ID’s, and notify NAPS promptly if
any Account ID becomes inactive or invalid.
5. Any system access software the Customer may use,
whether developed by NAPS and/or its Affiliates or
provided by a third party vendor, must have account
numbers and passwords “hidden” or embedded so that
the passwords and account numbers are known only to
supervisory personnel or other personnel authorized
to use NAPS’s services.
6. Customer is responsible for the security of
assigned codes, and is hereby notified of the
possibility of theft or other form of compromise of
Customer’s assigned codes, which may or may not be
detected, and of the possibility of use of a stolen
or compromised assigned code to forge Customer’s
access to data from NAPS.
7. In the event of a breach of system security or an
unauthorized access of Consumer Report information,
Customer shall comply with all notice requirements
in every jurisdiction where such notice is required
and shall provide immediate notice to NAPS, time
being of the essence. Upon discovery of a security
breach, further access of NAPS’s products will be
disabled until the breach is secured and further
measures are in place to ensure ongoing compliance.
8. Customer specifically acknowledges and agrees
that it shall be responsible in all respects for any
and all access of services performed as a result of
any use of Customer’s assigned access codes, whether
or not intended or authorized.
9. NAPS may, from time to time, notify Customer of
additional updated or new requirements, compliance
with which will be a condition of NAPS’s continued
provision of data services to Customer.
10. NAPS shall have the right to audit Customer to
ensure compliance. Customer shall provide NAPS full
cooperation and will be responsible for assuring
full cooperation of its employees in connection with
such audits. Customer will provide NAPS, or obtain
for NAPS, access to such properties, records and
personnel as NAPS may reasonably require for such
purpose. |
