Comprehensive Screening Report Activating Your InfoLink Resident Screening Account How to Get Started

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1 Comprehensive Screening Report Activating Your InfoLink Resident Screening Account How to Get Started Thank you for your interest in using InfoLink Resident Screening Service a dba of the SDMHC. The following compliance requirements are set by TransUnion, our credit provider. InfoLink Resident Screening Service, does not have authority to make any exceptions to the credit bureau s guidelines. NOTE: The San Diego Multi-Housing Corporation is a wholly owned subsidiary of the San Diego County Apartment Association. Federal Law - Fair Credit Reporting Act (FCRA) State and federal laws require that users of consumer reports certify that they have a permissible purpose to access consumer information as allowed by the Fair Credit Reporting Act (FCRA). InfoLink Resident Screening Service users permissible purpose is to qualify potential rental applicants and do pre-employment screening of rental property employees. Because of the heightened concern by credit bureaus regarding privacy of personal financial information, the SDMHC is required, by TransUnion, to obtain information to document and verify your permissible purpose under the FCRA. This information is used only to verify that you are a bona fide rental property owner. Your Documentation Write your screening number on each document for accurate identification. Verify that each document is attached. Return your information via: Mail - The San Diego Multi-Housing Corporation, 5675 Ruffin Road, Suite 310 San Diego, CA kpuppione@sdcaa.com or Fax to How long will it take to activate my account? Your InfoLink account will be activated when all of the documentation listed below has been provided. Some members complete this process in one afternoon, others take longer. It depends on your sense of urgency to use the service. To avoid the last minute panic, you are encouraged to activate your account as soon as so that InfoLink is ready to use when you need it. Account Changes For changes to your account notify InfoLink Resident Screening at kpuppione@sdcaa.com or call How do I pay for InfoLink reports? You will receive an invoice the first of each month for reports run the previous month. Fees collected from applicants with rental applications can be deposited to your account until payment is made to SDMHC. 1 of 10

2 InfoLink End User Service Agreement Name of End User: End User Statement of Intent Nature of End User s business is: Permissible purpose for consumer data: Expected Volume (# of reports per year): Geographic Use: Local Regional National The San Diego Multi-Housing Corporation (SDMHC), dba InfoLink Resident Screening (InfoLink), provides Resident Screening Services to its End Users. Major credit reporting agencies require that certain information about InfoLink End Users must be on file at InfoLink Resident Screening offices prior to activating the screening account. Agreement - This agreement is made by and between Infolink and undersigned (hereafter End User). Services and per person fees (applicant, coapplicant and cosigner) are in accordance with Infolink's published pricing. In compliance with Public Law , and in order to obtain CONFIDENTIAL credit information, the undersigned applies to the SDMHC, InfoLink, for the use of its services under the Terms and Conditions outlined below. In consideration of the privilege of procuring credit and/or other information from and through InfoLink, the End User agrees to abide by the below Terms and Conditions. Terms and Conditions- 1. End User is a Sole Proprietor, Partnership, Limited Liability or Corporation and has a permissible purpose for obtaining consumer reports in accordance with the Fair Credit Reporting Act (15 U.S.C et seq.) including, without limitation, all amendments thereto (FCRA). The End User certifies its permissible purpose as: - In accordance with the written instructions of the consumer; or - For a legitimate business need in connection with a business transaction that is initiated by the consumer, including, but not limited to, tenant screening; or 2. End User certifies that End User shall use the consumer reports; (a) solely for the Subscriber s certified use(s); and (b) solely for End User s exclusive one-time use. End User shall not request, obtain or use consumer reports for any other purpose including, but not limited to, for the purpose of selling, leasing, renting or otherwise providing information obtained under this Agreement to any other party, whether alone, in conjunction with End User s own data, or otherwise in any service which is derived from the consumer reports. The consumer reports shall be requested by, and disclosed by End User only to End User s designated and authorized employees having a need to know and only to the extent necessary to enable End User to use the Consumer Reports in accordance with this Agreement. End User shall ensure that such designated and authorized employees shall not attempt to obtain any Consumer Reports on themselves, associates, or any other person except in the exercise of their official duties. End User will maintain copies of all written authorizations for a minimum of (5) years from the date of inquiry. THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18 OF THE UNITED STATES CODE OR IMPRISIONED NOT MORE THAN TWO YEARS, OR BOTH. 3. End User shall use each Consumer Report only for a one-time use and shall hold the report in strict confidence, and not disclose it to any their parties, provided, however, that End User may, but is not required to, disclose the report to the subject of the report only in connection with an adverse action based on the report. Moreover, unless otherwise explicitly authorized in an agreement between Reseller and its End User for scores obtained from TransUnion, or as explicitly otherwise authorized in advance and in writing by TransUnion through Reseller, End User shall not disclose to consumers or any third party, any or all such scores provided under such agreement, unless clearly required by law With just cause, such as violation of the terms of the End User s contract or a legal requirement, or a material change in existing legal requirements that adversely affects the End User s agreement, Reseller may, upon its election, discontinue service the End User and cancel the agreement immediately. 4. End User warrants that information accessed through InfoLink will not be used in connection with any of the following business types: Adult Entertainment Asset Location Services Attorney Law Firm Bail Bondsman Credit Counseling Credit Repair Dating Services Financial Counseling Genealogical Research Law Enforcement Massage Services Missing Children Location News Agency Journalist Pawn Shop Private Investigation Repossessions 3 rd Party Subscriptions Publications Tattoo Services Time Shares Internet Locator Services 2 of 10

3 Diet Centers Adoption Search Firms Loan Modification Co Debt Settlment Company Child Support Collections Weapons Dealer/Reseller Country Clubs InfoLink Acct. Number# 5. End User grants Audit Rights to SDMHC, Infolink. SDMHC, Infolink will have the right to audit End User to assure compliance with the terms of this agreement. End User will provide full cooperation, and will be responsible for assuring full cooperation by its employees in connection with such audits. End User will provide SDMHC, Infolink or obtain for SDMHC, Infolink access to such properties, records and personnel as SDMHC, Infolink may reasonably require for such purpose. 6. End User acknowledges that they are the End User of record, and that they are subject to provisions of the federal Fair Credit Reporting Act (FCRA), including but not limited to the following: a. 615 (a) (1) - If any person takes any adverse action with respect to any consumer that is based in whole or in part on any information contained in a Consumer Report, the person shall provide oral, written, or electronic notice of the adverse action to the consumer. b Any person who knowingly and willfully obtains information on a consumer from a Consumer Reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both. 7. End User is responsible for delivery of Notice of Adverse Action to any consumer (applicant) granted less than the most favorable terms, including those approved conditionally or denied tenancy altogether. 8. End User agrees that information and reports prepared or provided by InfoLink are for one-time use only. End User further agrees that the reports and information contained in the reports represent confidential information, will be held in a Secure Location and will not be disclosed to any third parties, except as required by the FCRA, state and local laws. Secure Location is defined as (at minimum) a locking file cabinet located in an area that is locked when not in use. 9. End User will establish strict procedures to ensure that End User s employees access Consumer Information only for residential screening purposes, in the exercise of their duties. 10. End User agrees that before requesting information from InfoLink, they have obtained written authorization from the applicant to obtain and/or verify their credit history, reference information, character, and/or other information relevant in the rental or leasing of residential real estate. End User will maintain copies of all written authorizations for a minimum of five (5) years from the date of inquiry (application). This requirement applies whether the applicant actually moves in or not. 11. End User acknowledges that InfoLink has access to Consumer Reports from one or more consumer credit reporting agencies and other sources. 12. End User, for scores obtained from TransUnion LLC, or as explicitly otherwise authorized in advance and in writing by TransUnion LLC through InfoLink Resident Screening, End User shall not disclose to consumers or any third party, any nor all such scores provided under this Agreement, unless clearly required by law. 13. End User certifies that it will request consumer reports pursuant to procedures prescribed by InfoLink Resident Screening from time to time only for the permissible purpose certified above, and will use the reports obtained for no other purpose. End User shall not request, obtain or use consumer reports for any other purpose including, but not limited to, for the purpose of selling, leasing, renting or otherwise providing information obtained under this Agreement to any other party. End User shall ensure that such designated and authorized employees shall not attempt to obtain any Consumer Reports on themselves, associates, or any other person except in the exercise of their official duties End User acknowledges that identity theft or erroneous matches may result in information being inaccurately associated with individual applicants. End User agrees to promptly notify InfoLink when applicants challenge the accuracy reports upon which a denial of tenancy or conditional offer of tenancy is based. End User and InfoLink will cooperate with one another and the applicant to confirm the accuracy of such reports and the validity of corresponding denials or conditional approvals. 16. End User and InfoLink agree to promptly notify one another when and if they become aware of a claim or the possibility of a claim based on the FCRA, state consumer credit reporting and investigative consumer reporting acts, and other applicable federal, state and local laws. Notification shall be in writing and by registered mail and shall be mailed within forty-eight (48) hours of becoming aware of such claim. 17. InfoLink warrants that it will make its best effort to verify the accuracy of credit, criminal and other findings compiled and/or copied from public records, consumer credit reporting agencies, and other sources. However, InfoLink cannot and does not represent or warrant that the information provided in its investigative reports is either complete or accurate. 3 of 10

4 18. End User further certifies that they shall implement and maintain a comprehensive information security program written in one or more readily accessible parts and that contains administrative, technical, and physical safeguards that are appropriate to the client s size and complexity, the nature and scope of its activities, and the sensitivity of the information provided to the client by Reseller; and that such safeguards shall include the elements set forth in 16 C.F.R and shall be reasonably designed to (i) insure the security and confidentiality of the information provided by Reseller, (ii) protect against any anticipated threats or hazards to the security or integrity of such information, and (iii) protect against unauthorized access to or use of such information that could result in substantial harm or inconvenience to any consumer. End User warrants that they have visited (Resources) reviewed and will comply with the Access Security Requirements for FCRA and GLB 5A Data Requirements. Death Master File TransUnion End User Requirements End User certifies that it meets the qualifications of a Certified Person under 15 CFR Part and that its access to the DMF is appropriate because: a. Certified Person: End User has a legitimate fraud prevention interest, or has a legitimate business purpose pursuant to a law, governmental rule, regulation or fiduciary duty, and shall specify the basis for so certifying; and b. Security: End User has systems, facilities, and procedures in place to safeguard the accessed information; experience in maintaining the confidentiality, security, and appropriate use of the accessed information, pursuant to requirements similar to the requirements of section 6103(p)(4) of the Internal Revenue Code of 1986; and agrees to satisfy the requirements of such section 6103(p)(4) as if such section applied to End User; and c. End User shall not disclose information derived from the DMF to the consumer or any third party, unless clearly required by law. d. Penalties: End User acknowledges that failure to comply with the provisions above may subject Reseller to penalties under 15 CFR of $1,000 for each disclosure or use, up to a maximum of $250,000 in penalties per calendar year. e. Indemnification and Hold Harmless: End User shall indemnify and hold harmless the TransUnion and the U.S. Government/NTIS from all claims, demands, damages, expenses, and losses, whether sounding in tort, contract or otherwise, arising from or in connection with End User s, or End User s employees, contractors, or subcontractors, use of the DMF. This provision shall survive termination of the Agreement and will include any and all claims or liabilities arising from intellectual property rights f. Liability: a. Neither TransUnion nor the U.S. Government/NTIS (a) make any warranty, express or implied, with respect to information provided under this Section of the Policy, including, but not limited to, implied warranties of merchantability and fitness for any particular use; (b) assume any liability for any direct, indirect or consequential damages flowing from any use of any part of the DMF, including infringement of third party intellectual property rights; and (c) assume any liability for any errors or omissions in the DMF. The DMF does have inaccuracies and NTIS and the Social Security Administration (SSA), which provides the DMF to NTIS, does not guarantee the accuracy of the DMF. SSA does not have a death record for all deceased persons. Therefore, the absence of a particular person on the DMF is not proof that the individual is alive. Further, in rare instances, it is possible for the records of a person who is not deceased to be included erroneously in the DMF. b. If an individual claims that SSA has incorrectly listed someone as deceased (or has incorrect dates/data on the DMF), the individual should be told to contact to their local Social Security office (with proof) to have the error corrected. The local Social Security office will: i. Make the correction to the main NUMIDENT file at SSA and give the i.individual a verification document of SSA s current records to use to show any company, recipient/purchaser of the DMF that has the error; OR, ii. Find that SSA already has the correct information on the main NUMIDENT ii.file and DMF (probably corrected sometime prior), and give the individual a verification document of SSA s records to use to show to any company subscriber/ purchaser of the DMF that had the error. Disclaimer of Warranties - InfoLink makes no other representations or warranties, express or implied, including, but not limited to the implied warranties of merchantability or fitness for purpose. In any event, InfoLink s liability to End User for any reason and upon any cause of action or claim arising out of, or in connection with this agreement, shall be limited to the amount of transaction fees paid by End User to InfoLink under this agreement for the 30 days immediately preceding the occurrence which is the basis of the claim; provided, however, that in no event shall InfoLink be liable to End User for any indirect, special or consequential damages, lost profits or damages resulting from lost data or business interruption due to use or inability to use any of InfoLink's systems or services. Indemnification - End User agrees to hold harmless and indemnify InfoLink, Moco Incorporated, TransUnion and other data providers, against any and all claims, demands, actions, liabilities, judgments, injuries, damages, losses, penalties, expense and costs (including but not limited to reasonable attorneys fees and court costs) arising or resulting from any act, error or omission by Agent or any of its officers, employees or agents, 4 of 10

5 arising out of performance or non-performance of End User s obligations under this agreement, the FCRA and other applicable federal, state and local laws. Payment Terms - Agent agrees to pay service fees in full net 30 days. Services provided will be billed at the end of each calendar month. If account is delinquent in excess of thirty (30) days, a monthly service charge of 1.5% will be applied to any outstanding balance. Agent agrees to pay SDMHC in full upon receipt of the statement for screening services rendered during the invoice period. Terms are Net 10; a late charge at the rate of 1.5% per month (18% A.P.R.) will be assessed on all balances 30 days past due. Accounts with balances 60 days or greater may be subject to collection proceedings and suspension of services. Agent agrees to maintain membership with the San Diego County Apartment Association annually. InfoLink reserves the right to adjust prices without prior notice or approval of applicant. Individual and group report prices are based on the current rate schedules in effect. Waiver of Rights - Failure of any party to enforce any of its respective rights or remedies hereunder with respect to any specific act or failure to act will not constitute a waiver of rights by that party to enforce those rights and remedies with respect to any other or subsequent act or failure to act. Governing Law & Severability - The laws of the State of California shall govern this agreement. If legal action is brought or claim is made under this agreement, the court shall add to any relief given, for the benefit of the prevailing party, court costs and reasonable attorneys fees. If for any reason a court of competent jurisdiction finds any provision of this to be unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. Attorney s Fees - The prevailing party in any arbitration proceeding or action brought against the other party to enforce the terms of this Agreement or any rights or obligations hereunder, shall be entitled to recover its reasonable costs and expenses, and reasonable attorney s fees, in connection with such proceeding or action. Termination - Either party may terminate this Agreement, with or without notice; provided, however, that termination does not relieve either party of its obligations under the Agreement arising out of transactions, which occur prior to said termination. Entire Agreement - This Agreement, including signed attachments (if any) constitutes the entire Agreement and supersedes and cancels any and all prior agreements between the parties. Changes to this agreement must be made in writing and be signed by both parties. Acknowledgement - End User warrants that they have direct knowledge of the facts certified and that they have read, understand and will comply with the above terms. Print Name Title Signature Date 5 of 10

6 Business Verification & Authorization NAME STREET ADDRESS CITY STATE ZIP MAILING ADDRESS (if different) CITY STATE ZIP CONTACT PHONE FAX _ BUSINESS TYPE URL, WEB SITE CHECK ONE Yes No My rental business is a sole proprietorship. My rental business is a partnership. Name of Partnership My rental business is a LLC. Name of LLC My rental business is a corporation. Name of Corporation Are you engaged in the underwriting of insurance? Are you licensed or providing service as an attorney or detective/investigating agency? If yes, indicate which Do you intend to resell or release information from the consumer credit report to a third party? Does your company provide credit repair or credit counseling for a fee? Sole Proprietors and Partnerships: Please complete and return the Sole Proprietor and Partnership Credit Application. ACKNOWLEDGEMENT I/we certify that to the best of my/our knowledge, all statements are true and complete. False, fraudulent or misleading information may be grounds for denial of services. Print Name: Title: Signed: Date: 6 of 10

7 Sole Proprietor & Partnership Credit Application InfoLink Application to Perform Resident Screening Applicant Information Legal Name (Last Name First Middle) Soc Sec # Date of Birth Drivers License #/State Other Name(s) Used Home Mobile Current Residence House # Street Adress Zip City State AGREEMENT In compliance with state and federal consumer reporting laws, you are hereby advised that a screening will be conducted regarding the information contained in this application. The report may contain information regarding your credit worthiness, character, general reputation, personal characteristics and mode of living. By signing this application, you authorized the San Diego Multi- Housing Corporation, dba InfoLink Resident Screening, whose address is 5675 Ruffin Road, Ste. 310,, San Diego, CA 92123, and whose telephone number is , to conduct the screening. If screening privileges are denied based upon information contained in the report, you may request and obtain a copy of the report. You have the right to dispute the accuracy of information contained in the report. You may have additional rights under both state and federal laws. I certify that to the best of my knowledge, all statements are true and complete. False, fraudulent or misleading information may be grounds for denial of services. Print Name: Title: Signed: Date: 7 of 10

8 Verification of Deposit Business is defined as all owners and managers of residential rental property. Your Business Banking Account is defined as the account used for processing rental income deposits and payment of rental property expenses. It may be your personal account or a specially designated account. Please complete accurately to expedite the activation of your resident screening account. I authorize the San Diego Multi-Housing Corporation to request Verification of Deposit on the account listed, in the process of meeting TransUnion s compliance tenant screening requirements. Print Authorized Signer s Name Authorized Signer s Signature Number Title Date Fax Number Bank Information Name of Banking Institution: Complete Bank Address: City: State: Zip: Name on Account: Number: Account Number: Fax Number: For Bank Use Only Date Account Opened: Customer s Nature of Business: Average Daily Balance: Verified By: Send Account Verification to: San Diego Multi-Housing Corporation 5675 Ruffin Road, Suite 310, San Diego, CA kpuppione@sdcaa.com@sdcaa.com Fax: of 10

9 Rental Property Listing(s) List all properties owned and/or managed. Attach additional sheet if necessary. Please notify the SDMHC, immediately in writing if you sell or transfer property ownership and/or management. Property Name: Address: City: State: Zip: Contact: : Property Name: Address: City: State: Zip: Contact: : Property Name: Address: City: State: Zip: Contact: : No. of Units: No. of Units: No. of Units: Business References Business is defined as all owners and managers of residential rental property. Verification of your rental related business references is required by TransUnion prior to activation of your resident screening account (i.e. gardener, electrician, plumber, painter, carpet cleaners, etc.). To expedite the activation of your resident screening account, attach copies of three (3) vendor invoices with the property address, dated within the last 12 months. Complete accurately. Incomplete information will delay the activation of your account. Yes No I give permission to InfoLink to contact the business references listed below. Yes No This is a first time rental property. If you answered NO, complete the information below. 1) Business Name Bus. Fax Name of Contact 2) Business Name Bus. Fax Name of Contact 3) Business Name Bus. Fax Name of Contact 9 of 10

10 Authorized Users Register all individuals authorized to use your InfoLink account and who are authorized to process consumer reports. You are responsible for all reports requested by anyone using your account. It is important that you notify InfoLink as personnel changes are made. (Use a 2 nd sheet for additional names.) I authorize the person(s) listed to access the InfoLink Resident Screening Service, and I acknowledge full responsibility for all consumer reports processed under my membership account First and Last Name Property Name Address First and Last Name Property Name Address First and Last Name Property Name Address Fax Fax Fax Title No. of Units City State Zip Title No. of Units City State Zip Title No. of Units City State Zip Additional compliance documentation required by TransUnion Rental Application - copy of the rental application form that you are currently using Provide a current bank statement or voided check (corresponding with the account on the Verification of Deposit Provide copies to verify the following: White pages business listing Yellow pages business listing Web site address Verified Business Listing Sample of marketing materials (business card, brochure, advertisement) IF APPLICABLE Business and/or professional license copy of either. Copy of one (1) contract between the Management Company and a representative property owner for whom the Management Company manages property or Copy of the Management Company s standard contract, with an existing client reference (include the client s name, address, and telephone number). or Business Credit Report that verifies that your company is in business Copy of LLC Agreement and/or Partnership Agreement: Operating Document 10 of 10