The terms and conditions set forth below are required by ACORD in connection with the use of any ACORD form (“Licensed Form”) contained in Vertafore Solutions. As of January 1, 2020, ACORD requires direct membership. Please refer to the following website for membership information: www.acord.org/forms-pages/forms-participation-programs.
The terms and conditions set forth below are required by American Association of Insurance Services ("AAIS") in connection with the use of any AAIS content ("AAIS Content") contained in Vertafore Solutions.
AAIS Content: (a) cannot be provided to Customer unless Customer is, or becomes a current Customer of AAISdirect Online directly with AAIS; (b) may be used only in connection with Customer’s property casualty insurance operations relating to risks located in the United States; and (c) must directly relate to the lines(s) of business, jurisdiction(s) and service(s) for which Customer is licensed by AAISdirect Online directly with AAIS. Vertafore will not provide the AAIS Content to any Customer that Vertafore is made aware does not meet the foregoing requirements. By executing an Order, Customer represents that it is a current AAIS Customer of AAISdirect Services in good standing.
THE PROVIDERS OF THIRD PARTY CONTENT DO NOT GUARANTEE THE ACCURACY OR TIMELINESS OF THE INFORMATION PROVIDED. THE PROVIDERS OF THIRD PARTY CONTENT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND AND HOWSOEVER CAUSED RESULTING FROM CUSTOMER’S USE OF THE INFORMATION.
The below AAIS link connects to the AAIS direct application. Customer agrees to maintain a current and valid subscription to AAIS in connection with accessing the AAIS content and to the terms and conditions governing such access located at: http://www.aaisonline.com/Services/AAISdirect.aspx..
The terms and conditions set forth below are required by A.M. Best Company ("AMB") in connection with the use of any AMB content contained in Vertafore Solutions.
Information that is copyrighted by and proprietary to AMB and other providers of third party content (“Third Party Content”) may be included in the Vertafore Libraries, and is made available to the Customer under the terms of this Agreement. The duration of the license agreement between the providers of Third Party Content and Vertafore is subject to renewal and may be limited. Notwithstanding any other provision, hereunder, Customer contact information may be supplied to the providers of Third Party Content contained in the Vertafore Libraries for use by such providers of Third Party Content.
THE PROVIDERS OF THIRD PARTY CONTENT DO NOT GUARANTEE THE ACCURACY OR TIMELINESS OF THE INFORMATION PROVIDED. THE PROVIDERS OF THIRD PARTY CONTENT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND AND HOWSOEVER CAUSED RESULTING FROM CUSTOMER’S USE OF THE INFORMATION.
The terms and conditions set forth below are required by International Risk Management Institute (“IRMI”) in connection with the use of any IRMI content contained in Vertafore Solutions.
Information that is copyrighted by and proprietary to International Risk Management Institute (“IRMI”) and other providers of third party content (“Third Party Content”) may be included in the Vertafore Libraries, and is made available to the Customer under terms of this Agreement. The duration of the license agreement between the providers of Third Party Content and Vertafore is subject to renewal and may be limited. Notwithstanding any other provision, hereunder, Customer contact information may be supplied to the providers of Third Party Content contained in the Vertafore Libraries for use by such providers of Third Party Content.
THE PROVIDERS OF THIRD PARTY CONTENT DO NOT GUARANTEE THE ACCURACY OR TIMELINESS OF THE INFORMATION PROVIDED. THE PROVIDERS OF THIRD PARTY CONTENT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND AND HOWSOEVER CAUSED RESULTING FROM CUSTOMER’S USE OF THE INFORMATION.
The terms and conditions set forth below are required by Insurance Services Office, Inc. (“ISO”) in connection with the use of any ISO content contained in Vertafore Solutions.
Information that is copyrighted by and proprietary “ISO”, and other providers of third party content (“Third Party Content”) may be included in the Vertafore Libraries, and is made available to the Customer under the terms of this Agreement. The duration of the license agreement between the providers of Third Party Content and Vertafore is subject to renewal and may be limited. Notwithstanding any other provision, hereunder, Customer contact information may be supplied to the providers of Third Party Content contained in the Vertafore Libraries for use by such providers of Third Party Content.
ISO Participating Insurers’ use of ISO copyrighted and proprietary material is limited to those jurisdictions and for those lines of insurance, jurisdictions and services for which such insurer participates with ISO. Agent, broker and MGA use of ISO copyrighted and proprietary material is limited to the participation of the ISO Participating Insurer(s) they represent and may be subject to additional licensing requirements with ISO.
THE PROVIDERS OF THIRD PARTY CONTENT DO NOT GUARANTEE THE ACCURACY OR TIMELINESS OF THE INFORMATION PROVIDED. THE PROVIDERS OF THIRD PARTY CONTENT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND AND HOWSOEVER CAUSED RESULTING FROM CUSTOMER’S USE OF THE INFORMATION.
The terms and conditions set forth below are required by LexisNexis in connection with the use of any LexisNexis content contained in Vertafore Solutions.
Where the Vertafore Solution includes functionality called “Solutions at Quote”. Solutions at Quote functionality allows agents to receive real time comprehensive data on drivers and vehicles associated with a specific mailing address through a single interactive inquiry. Vertafore may at its option upon notice to you which may be through email, delivery through use of the product, or other similar electronic means, elect to charge fees for Solutions at Quote. Customer will be billed (if applicable) for use of Solutions at Quote by Vertafore pursuant to the terms and conditions of this Agreement. Except for billing as specified herein, Solutions at Quote is provided to you by LexisNexis pursuant to a separate agreement between LexisNexis and Customer.
VERTAFORE MAKES NO REPRESENTATIONS AND WARRANTIES (EITHER EXPRESS OR IMPLIED) IN CONNECTION WITH SOLUTIONS AT QUOTE AND SHALL HAVE NO LIABILITY FOR DAMAGES OF ANY KIND IN CONNECTION WITH SUBSCRIBER’S USE OF SOLUTIONS AT QUOTE INCLUDING DIRECT DAMAGES OR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST OPPORTUNITIES) OR ANY PUNITIVE OR EXEMPLARY DAMAGES.
The following link direct to NIPR also connects to the Fair Credit Reporting Act ("FCRA"). Customer agrees to all such applicable terms and requirements in the FCRA
Customer authorizes NIPR to obtain information from the Producer Database and provide it to Vertafore for purposes of completing a license application and if the license application is for a producer and the Customer is not the producer, Customer represents that it has obtained the written authorization of the producer to complete and submit a license application on the producer’s behalf.
Customer acknowledges NIPR is not obligated to process a license application until it has received adequate funds to cover the applicable state insurances department fees and NIPR fees associated with processing the Customer’s license application.
Customer acknowledges that all applicable state insurance department fees shall be nonrefundable except as provided for by applicable state law and all applicable NIPR fees shall be nonrefundable.
The terms and conditions set forth below are required by National Insurance Producer Registry (NIPR) in connection with the access and use of the NIPR Producer Database (PDB) and Sircon Database contained in Vertafore Solutions. Customer represents and warrants it is engaged in the business of insurance and has a permissible purpose for obtaining consumer reports, as defined by Section 604 of the Federal Fair Credit Reporting Act (15 U.S.C. § 1681b) as amended by the Consumer Credit Reporting Reform Act of 1996 or as may hereafter be amended, hereinafter called "FCRA". Customer certifies it will comply with the provisions of the FCRA when requesting and using a consumer report from the Producer Database and/or Sircon Database. A Notice to Users of Consumer Reports, as prescribed by the Federal Trade Commission ("FTC"), follows as Exhibit 1 to this Acknowledgment.
For purposes of this Agreement, the term "consumer report" and "Consumer Report for Employment Purposes" shall have the same meaning as given to these terms by the FCRA.
Customer agrees it will not request a Consumer Report for Employment Purposes unless: (a) a clear and conspicuous disclosure is first made in writing to the individual who is the subject of the consumer report before the report is obtained, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; (b) the individual who is the subject of the consumer report has authorized in writing the procurement of the report; (c) Customer complies with the FCRA in the event it takes adverse action in whole or in part based upon the consumer report and (d) information from the consumer report will not be used in violation of any applicable federal or state equal opportunity law or regulation.
For purposes of Customer’s notice obligations in regards to taking adverse action, a Summary of Consumer Rights, as prescribed by the FTC, is herein attached as Exhibit 1 to this Acknowledgment and will be made available to Customer each time it signs off the Producer Database or Sircon Database. Customer agrees it will maintain copies of all written authorizations required herein for a minimum of three (3) years from the date of inquiry. Customer agrees it shall use a consumer report for a one-time use only, and will not disclose the information in the report to any third parties except those involved in the current decision affecting the individual who is the subject of the consumer report.
Customer agrees it shall not, and shall not have the right to, directly or indirectly offer, sell, make available or to otherwise distribute all or any portion of the information from the Producer Database or Sircon Database to any person, entity or organization provided, however, such information may be used by a majority owned subsidiary of Customer, or an agency, consultant or contractor of Customer but only to the extent necessary to allow such subsidiary, agency, consultant or contractor to directly perform service on behalf of Customer is such subsidiary, agency, consultant or contractor represents and warrants that such information shall not be used for any other purposes.
Customer agrees to indemnify, defend and hold harmless Sircon and the National Insurance Producer Registry, a Missouri nonprofit corporation (a/k/a NIPR) from and against any liability or claim of any persons that is attributable to Customer’s failure to comply with the applicable provisions of the FCRA. Neither Sircon nor the NIPR makes any representation or warranty respecting the completeness or accuracy of the data obtained from the Producer Database or Sircon Database.
National insurance producer Registry (nipr) Producer Database (PDB)and Sircon Database Acknowledgment TERMS AND CONDITIONSNOTICE TO USERS OF CONSUMER REPORTS: OBLIGATIONS OF USERS UNDER THE FCRA
The Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681-1681y, requires that this notice be provided to inform users of consumer reports of their legal obligations. State law may impose additional requirements. The text of the FCRA is set forth in full at the Federal Trade Commission's Internet web site at www.consumerfinance.gov/learnmore. At the end of this document is a list of United States Code citations for the FCRA. Other information about user duties is also available at the CFPB’s website. Users must consult relevant provisions of the FCRA for details about their obligations under the FCRA.
The first section of this summary sets forth the responsibilities imposed by the FCRA on all users of consumer reports. The subsequent sections discuss the duties of users of reports that contain specific types of information, or that are used for certain purposes, and the legal consequences of violations. If you are a furnisher of information to a consumer reporting agency (CRA), you have additional obligations and will receive a separate notice from the CRA describing your duties as a furnisher.
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OBLIGATIONS OF ALL USERS OF CONSUMER REPORTS |
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Users Must Have a Permissible Purpose |
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Congress has limited the use of consumer reports to protect consumers' privacy. All users must have a permissible purpose under the FCRA to obtain a consumer report. Section 604 of the FCRA contains a list of the permissible purposes under the law. These are: |
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In addition, creditors and insurers may obtain certain consumer report information for the purpose of making unsolicited offers of credit or insurance. Section 604(c). The particular obligations of users of "prescreened" information are described in Section VII below. |
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Users Must Provide Certifications |
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Section 604(f) prohibits any person from obtaining a consumer report from a consumer reporting agency (CRA) unless the person has certified to the CRA the permissible purpose(s) for which the report is being obtained and certifies that the report will not be used for any other purpose. |
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C: |
The term "adverse action" is defined very broadly by Section 603. "Adverse actions" include all business, credit, and employment actions affecting consumers that can be considered to have a negative impact as defined by Section 603(k) of the FCRA -- such as denying or canceling credit or insurance, or denying employment or promotion. No adverse action occurs in a credit transaction where the creditor makes a counteroffer that is accepted by the consumer. |
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Adverse Actions Based on Information Obtained From a CRA |
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If a user takes any type of adverse action as defined by the FCRA that is based at least in part on information contained in a consumer report, Section 615(a) requires the user to notify the consumer. The notification may be done in writing, orally, or by electronic means. It must include the following: |
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Adverse Actions Based on Information Obtained From Third Parties Who Are Not Consumer Reporting Agencies |
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If a person denies (or increases the charge for) credit for personal, family, or household purposes based either wholly or partly upon information from a person other than a CRA, and the information is the type of consumer information covered by the FCRA, Section 615(b)(1) of the FCRA requires that the user clearly and accurately disclose to the consumer his or her right to be told the nature of the information that was relied upon if the consumer makes a written request within 60 days of notification. The user must provide the disclosure within a reasonable period of time following the consumer's written request. |
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Adverse Actions Based on Information Obtained From Affiliates |
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If a person takes an adverse action involving insurance, employment, or a credit transaction initiated by the consumer, based on information of the type covered by the FCRA, and this information was obtained from an entity affiliated with the user of the information by common ownership or control, Section 615(b)(2) requires the user to notify the consumer of the adverse action. The notice must inform the consumer that he or she may obtain a disclosure of the nature of the information relied upon by making a written request within 60 days of receiving the adverse action notice. If the consumer makes such a request, the user must disclose the nature of the information not later than 30 days after receiving the request. If consumer report information is shared among affiliates ant then used for an adverse action, the user must make an adverse action disclosure as set forth in I.C.1.above. |
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Users Have Obligations When Fraud and Active Duty Military Alerts are in Files |
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When a consumer has placed a fraud alert, including one relating to identity theft, or an active duty military alert with a nationwide consumer reporting agency as defined in Section 603(p) and resellers, Section 605A(h) imposes limitations on users of the reports obtained from the consumer reporting agency in certain circumstances, including the establishment of a new credit plan and the issuance of additional credit cards. For initial fraud alerts and active duty alerts, the user must have reasonable policies and procedures in place to form a belief that the user knows the identity of the applicant or contact the consumer at a telephone number specified by the consumer; in the case of extended fraud alerts, the user must contact the consumer in accordance with the contact information provided in the consumer’s alert. |
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Users Have Obligations When Notified of an Address Discrepancy |
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Section 605(h) requires nationwide CRAs, as defined in Section 603(p) to notify users that request reports when the address for a consumer provided by the user in requesting the report is substantially different from the address in the consumer’s file. When this occurs, users must comply with regulations specifying the procedures to be followed. Federal regulations are available at www.consumerfinance.gov/learnmore. |
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| F. | Users Have Obligations When Disposing of Records |
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Section 628 requires that all users of consumer report information have in place procedures to properly dispose of records containing this information. Federal regulations have been issued that cover disposal. |
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CREDITORS MUST MAKE ADDITIONAL DISCLOSURES |
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If a person uses a consumer report in connection with an application for, or a grant, extension, or provision of, credit to a consumer on material terms that materially less favorable than the most favorable terms available to a substantial proportion of consumers from or through that person, based in whole or in part on a consumer report, the person must provide a risk-based pricing notice to the consumer in accordance with regulations prescribed by the CFPB. Section 609(g) requires a disclosure by all persons that make or arrange loans secured by residential real property (one to four units) and that use credit scores. These persons must provide credit scores and other information about credit scores to applicants including the disclosure set forth in Section 609(g)(1)(D)("Notice to the Home Loan Applicant"). |
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OBLIGATIONS OF USERS WHEN CONSUMER REPORTS ARE OBTAINED FOR EMPLOYMENT PURPOSES |
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Employment Other Than in the Trucking Industry |
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If information from a CRA is used for employment purposes, the user has specific duties, which are set forth in Section 604(b) of the FCRA. The user must: |
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An adverse action notice also is required in employment situations if credit information (other than transactions and experience data) obtained from an affiliate is used to deny employment. Section 615(b)(2) The procedures for investigative consumer reports and post-employment misconduct investigations are set forth below. |
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Employment in the Trucking Industry |
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Special rules apply for truck drivers where the only interaction between the consumer and the potential employer is by mail, telephone, or computer. In this case, the consumer may provide consent orally or electronically, and an adverse action may be made orally, in writing, or electronically. The consumer may obtain a copy of any report relied upon by the trucking company by contacting the company. |
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OBLIGATIONS WHEN INVESTIGATIVE CONSUMER REPORTS ARE USED |
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Investigative consumer reports are a special type of consumer report in which information about a consumer's character, general reputation, personal characteristics, and mode of living is obtained through personal interviews by an entity or person that is a consumer reporting agency. Consumers who are the subjects of such reports are given special rights under the FCRA. If a user intends to obtain an investigative consumer report, Section 606 of the FCRA requires the following:
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SPECIAL PROCEDURES FOR EMPLOYEE INVESTIGATIONS |
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Section 603(x) of the FCRA provides special procedures for investigations of suspected misconduct by an employee or for compliance with Federal, state or local laws and regulations or the rules of a self-regulatory organization, and compliance with written policies of the employer. These investigations are not treated as consumer reports so long as the employer or its agent complies with the procedures set forth in Section 603(x), and a summary describing the nature and scope of the inquiry is made to the employee if an adverse action is taken based on the investigation. |
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OBLIGATIONS OF USERS OF MEDICAL INFORMATION |
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Section 604(g) of the FCRA limits the use of medical information obtained from consumer reporting agencies (other than payment information that appears in a coded form that does not identify the medical provider). If the information is to be used for an insurance transaction, the consumer must give consent to the user of the report or the information must be coded. If the report is to be used for employment purposes-- or in connection with a credit transaction (except as provided in federal regulations)--, the consumer must provide specific written consent and the medical information must be relevant. Any user who receives medical information shall not disclose the information to any other person (except where necessary to carry out the purpose for which the information was disclosed, or as permitted by statute, regulation, or order). |
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OBLIGATIONS OF USERS OF "PRESCREENED" LISTS |
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The FCRA permits creditors and insurers to obtain limited consumer report information for use in connection with unsolicited offers of credit or insurance under certain circumstances. Sections 603(l), 604(c), 604(e), and 615(d). This practice is known as "prescreening" and typically involves obtaining from a CRA a list of consumers who meet certain pre-established criteria. If any person intends to use prescreened lists, that person must (1) before the offer is made, establish the criteria that will be relied upon to make the offer and to grant credit or insurance, and (2) maintain such criteria on file for a three-year period beginning on the date on which the offer is made to each consumer. In addition, any user must provide with each written solicitation a clear and conspicuous statement that:
In addition, the CFPB has established the format, type, size and manner of the disclosure required by Section 615(d), with which users must comply. The relevant regulation is 12 CFR 1022.54. |
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OBLIGATIONS OF RESELLERS |
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Disclosure and Certification Requirements |
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Section 607(e) of the FCRA requires any person who obtains a consumer report for resale to take the following steps:
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Reinvestigations by Resellers |
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Under Section 611 (f), if a consumer disputes the accuracy or completeness of information in a report prepared by a reseller, the reseller must determine whether this is a result of an action or omission on its part and, if to, correct or delete the information. If not, the reseller must send the dispute to the source CRA for reinvestigation. When any CRA notifies the reseller of the results of an investigation, the reseller must immediately convey the information to the consumer. |
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Fraud Alerts and Resellers |
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Section 605(A)(f) requires resellers who receive fraud alerts or active duty alerts from another consumer reporting agency to include these in their reports. |
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LIABILITY FOR VIOLATIONS OF THE FCRA |
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Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well as private lawsuits. Sections 616, 617, and 621. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution. Section 619. The CFPB’s website www.consumerfinance.gov/learnmore, has more information about the FCRA, including publications for businesses and the full text of the FCRA. Para información en español, visite www.consumerfinance.gov/learnmore o escribe a la Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552. |
A Summary of Your Rights Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records). Here is a summary of your major rights under the FCRA. For more information, including information about additional rights, go to www.consumerfinance.gov/learnmore or write to: Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552.
In addition, all consumers are entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide specialty consumer reporting agencies. See www.consumerfinance.gov/learnmore for additional information.
States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have more rights under state law. For more information, contact your state or local consumer protection agency or your state Attorney General. For information about your federal rights, contact:
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TYPE OF BUSINESS |
CONTACT: |
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1.a. Banks, savings associations, and credit unions with total assets of over $10 billion and their affiliates. b. Such affiliates that are not banks, savings associations, or credit unions also should list, in addition to the Bureau: |
a. Bureau of Consumer Financial Protection 1700 G Street NW Washington, DC 20552 b. Federal Trade Commission: Consumer Response Center – FCRA Washington, DC 20580 (877) 382‐4357 |
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2. To the extent not included in item 1 above: a. National banks, federal savings associations, and federal branches and federal agencies of foreign banks b. State member banks, branches and agencies of foreign banks (other than federal branches, federal agencies, and insured state branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act c. Nonmember Insured Banks, Insured State Branches of Foreign Banks, and insured state savings associations d. Federal Credit Unions |
a. Office of the Comptroller of the Currency b. Federal Reserve Consumer Help Center c. FDIC Consumer Response Center d. National Credit Union Administration |
| 3. Air carriers | Asst. General Counsel for Aviation Enforcement & Proceedings Department of Transportation 400 Seventh Street SW Washington, DC 20590 |
| 4. Creditors Subject to Surface Transportation Board | Office of Proceedings, Surface Transportation Board Department of Transportation 1925 K Street NW Washington, DC 20423 |
| 5. Creditors Subject to Packers and Stockyards Act | Nearest Packers and Stockyards Administration area supervisor |
| 6. Small Business Investment Companies | Associate Deputy Administrator for Capital Access United States Small Business Administration 406 Third Street, SW, 8th Floor Washington, DC 20416 |
| 7. Brokers and Dealers | Securities and Exchange Commission 100 F St NE Washington, DC 20549 |
| 8. Federal Land Banks, Federal Land Bank Associations, Federal Intermediate Credit Banks, and Production Credit Associations | Farm Credit Administration 1501 Farm Credit Drive McLean, VA 22102‐5090 |
| 9. Retailers, Finance Companies, and All Other Creditors Not Listed Above | FTC Regional Office for region in which the creditor operates or Federal Trade Commission: Consumer Response Center – FCRA Washington, DC 20580 (877) 382‐4357 |
Additional Information about the Fair Credit Reporting Act
The Summary of Your Rights provided above does not reflect certain amendments contained in the Consumer Reporting Employment Clarification Act of 1998. The following additional information may be important for you:
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