Terms Of Service
Last Updated: 03/20/2015
By using the Rentobo service and rentobo.com website (the "Service") you are agreeing to be bound by the following Terms of Service ("Terms of Service" or "Agreement"). The Service is provided by Sibylus, Inc. d/b/a Rentobo ("Rentobo", "we", "us").
The Service is proprietary online software service for managing real estate properties, with all or a subset of the following functionality (depending on the features selected):
- Market and fill vacancies online
- Generate applicant screening/credit reports
- Accept and issue payments
- Receive maintenance requests and generate work orders
These Terms of Service ("Terms of Service" or "Agreement") apply to all: (a) the Service; (b) interaction by any means between you and Rentobo regarding the Service; (c) your access to and use of the website located at rentobo.com or any subdomain (the "Service Website"); (d) your access to and use of credit resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (the "Content"); and (e) the resolution of all claims and disputes between us. YOU AND RENTOBO UNDERSTAND AND AGREE THAT THE ARBITRATION PROVISION CONTAINED IN THE SECTION TITLED CLAIMS BY BINDING ARBITRATION PROVIDES THAT WE EACH AGREE TO RESOLVE ANY DISPUTES BETWEEN US ONLY THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT TO THE FULLEST EXTENT PERMITTED BY LAW.
General Terms of Service
Rentobo does not own or manage the properties listed on our Services; we are a neutral venue that allows owners and property managers to advertise their properties via listings (“listings”). Accordingly, we cannot guarantee nor be responsible for the condition of the properties listed on the Services, the truth or accuracy of the listings, the right of users to offer a property for rental or the ability of other users to pay for any rental. Rentobo will have no liability or responsibility with respect to your interactions with any other user, including any personal injury or damage that occurs at a property listed through the Services. YOU ASSUME ALL RISKS ASSOCIATED WITH RELYING ON LISTINGS, RENTING PROPERTIES AVAILABLE THROUGH THE SERVICES OR OTHERWISE INTERACTING WITH OTHER USERS OF THE SERVICES.
If you create a listing via the Services, you represent and warrant that (a) you have all necessary rights and authority to offer for rent and to rent the property in your listing, (b) that the applicable property is appropriately insured and free of any known safety hazards, and (c) that your listing will accurately describe the applicable property and will not misrepresent or fail to disclose material information regarding such property. If you post a listing for a property via the Service, you further agree that you will comply with all laws applicable to the advertisement of property rentals and the conduct of your rental business, including but not limited to laws related to taxes, permits or licenses, zoning, safety and anti-discrimination and fair housing. We are not a party to any rental agreement between our users, and you acknowledge and agree that you may be required to enter into a separate agreement with another user related to renting properties on the Service.
You are solely responsible for all listings, images, video, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Rentobo. Rentobo reserves the right to investigate and take appropriate legal action against anyone who, in Rentobo’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
Upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Rentobo, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Rentobo or its users to any harm or liability of any type.
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
Violate any applicable local, state, national or international law, or any regulations having the force of law.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Stalk or otherwise harass another user.
Solicit personal information from anyone under the age of 18.
Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized.
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities.
Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Rentobo information regarding your credit card or other payment instrument. You represent and warrant to Rentobo that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Rentobo the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize Rentobo to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Rentobo know within twenty-eight (28) days after the date that Rentobo bills you. We reserve the right to change Rentobo’s prices. If Rentobo does change prices, Rentobo will provide notice of the change on the Site or in email to you, at Rentobo’s option. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with Services other than U.S. taxes based on Rentobo’s net income. You shall also be responsible for all costs and expenses associated with collection of unpaid amounts. Please note: (a) we do not grant refunds under any circumstances, even if you terminate your Rentobo account, and (b) if you have purchased a pre-paid subscription plan for the Service, you cannot downgrade to a lower subscription.
LIMITATIONS OF USE
Customer may not (i) sell, resell, rent or lease the Services, (ii) use the Services to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights, (iii) interfere with or disrupt the integrity or performance of the Services, or (iv) attempt to gain unauthorized access to the Services or their related systems or networks.
COMPLIANCE WITH LAWS
You agree to and shall comply with all federal, state and local laws, rules, regulations and decisions applicable to your provision to Rentobo of data and your use of the Credit Information and Service provided under this Agreement. You may not use the Service for any illegal purpose. You may not use the Service as part of any fraudulent scheme or transaction. If you violate this Agreement, Rentobo may terminate your account without notice. If Rentobo has reason to suspect your account has been used for an unauthorized or illegal purpose, you agree that Rentobo may share information about you, your account, and any of your transactions with law enforcement.
You agree not to post, email, or otherwise make available content that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or that otherwise violates any state or local law prohibiting discrimination on the basis of these or other characteristics.)
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Rentobo will have no liability or responsibility with respect thereto. Rentobo reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
PEER TO PEER PAYMENTS
Rentobo never takes custody of money you transfer using the Service and is not responsible for what recipients do with the payments you make. If a payor or payor’s bank initiates a reversal, chargeback, or dispute of a payment made to you, you authorize Rentobo and Rentobo's payment gateway providers to reverse or otherwise debit funds from your account in accordance with applicable financial institution and network policies and procedures. Rentobo may also initiate a reversal or other debit, or take other actions we determine to be appropriate, if we believe fraud or other abuse of the Service has occurred. For avoidance of doubt, if any payment you initiate using the Service does not successfully complete, the payee reserves the right to seek payment from you via or outside the Service. Any authorization you provide to make automatic monthly payments using the Service will remain in effect until cancelled. By providing Rentobo with your payment information, you authorize us to use it and disclose it to Rentobo's payment gateway providers for the purpose of processing the payments you authorize on the Service.
THIRD PARTY WEBSITES
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Rentobo may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Rentobo’s servers on your behalf. You agree that Rentobo has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Rentobo reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Rentobo reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Resident Screening Terms of Service
Rentobo's resident screening service allows you to establish connections with third parties and authorize or request that they authorize the sharing of Credit Information. This service will enable you as a Report Subject to (a) view your Credit Information ordered by you as a Report Subject, and (b) authorize and view your Credit Information viewed by End Users; or will enable you as an End User to view Credit Information about a Report Subject for which you have been authorized as an End User, for a limited time. Resident Screening Services are subject to the FCRA Requirements as set forth below.
All rental decisions will be made by you. You acknowledge and agree that we provide only recommendations as to actions concerning an Applicant, and you further acknowledge and agree that all decisions of whether or not to accept a particular Applicant, as well as the length of and terms of any rental, will be made by you. We shall have no liability to you or any other person or entity for any acceptance of, or the failure to accept, an Applicant, or the terms of any such acceptance, regardless of whether or not your decision was based on recommendations, reports or other information provided to you by us.
NO LEGAL OPINION
We do not guarantee your compliance with all applicable laws in your use of the Information. You understand that any conversation or communication with our employees or representatives regarding searches, verifications or other services offered by us are not to be considered a legal opinion regarding such use. You agree that you will consult with your own legal or other counsel regarding the use of the Information, including but not limited to, the legality of using or relying on the Information.
FAIR CREDIT REPORTING ACT
Report Subject understands and certifies that Report Subject is providing "written instructions" to Rentobo in accordance with the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq., as amended ("FCRA") to access and use Report Subject’s credit report for (a) authenticating Report Subject’s identity, (b) providing Report Subject with a copy of Report Subject’s Credit Information or Credit Snapshot, and (c) providing End Users with a copy of Report Subject’s Credit Information, upon Report Subject’s request or approval and for the duration of Report Subject’s use of the Service.
When requesting Credit Information as an End User, End User will request and use the Credit Information strictly in accordance with the FCRA. End User agrees to and shall individually certify End User’s permissible purpose for access to Credit Information on a consumer when requested by Rentobo. End User acknowledges that End User’s use of the Credit Information will be limited to Legitimate Business Need - Renting / Leasing a Property and no other purpose, and End User will not request or use the Credit Information for any other purpose including, without limitation, any purpose prohibited by law.
END USER IS NOT AUTHORIZED TO REQUEST OR RECEIVE CONSUMER INFORMATION FOR ANY USE NOT OTHERWISE IDENTIFIED HEREIN, INCLUDING BUT NOT LIMITED TO CREDIT REPAIR, MARKETING AND EMPLOYMENT.
End User certifies that the use and related permissible purpose that End User designates will be accurate. End User certifies that for each written instruction of a consumer who is the subject of the Credit Information, such written instruction will expressly authorize End User to obtain the Credit Information and will contain at a minimum the consumer’s name, address, and signature. End User agrees to a limited one-time use of each consumer’s Credit Information.
End User acknowledges and agrees that Rentobo, at its sole discretion, may require that End User submit to an additional membership review. End User understands that End User’s access to the Service may be suspended until such time as the End User’s membership review is complete and approved by Rentobo.
END USER ACKNOWLEDGES THAT 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 OR IMPRISONED NOT MORE THAN TWO YEARS OR BOTH.
FCRA DISPUTES OF CREDIT REPORT INFORMATION
Rentobo is not a credit bureau or credit reporting agency and does not control the contents of credit reports obtained through the Service. Credit reports may contain information that is incorrect, incomplete, or not up to date, and reports are not a substitute for carefully reviewing and independently verifying all information contained in a rental application and interviewing a prospective tenant. If you believe that any information contained in your credit report is inaccurate or incomplete, you have the right to dispute it, which you may do directly with Experian using their online dispute form: www.experian.com/disputes. You may also initiate a dispute through Rentobo by emailing email@example.com. Please note that disputes initiated directly through a credit reporting agency are likely to be resolved faster than those initiated through Rentobo customer support.
ADDITIONAL FCRA INFORMATION
Although the FCRA primarily regulates the operations of consumer credit reporting agencies, it also affects you as a user of information. The full text of the FCRA is available on the Federal Trade Commission web site: www.ftc.gov. We suggest that you and your employees become familiar with the following sections in particular:
- § 604. Permissible Purposes of Reports
- § 607. Compliance Procedures
- § 615. Requirement on users of consumer reports
- § 616. Civil liability for willful noncompliance
- § 617. Civil liability for negligent noncompliance
- § 619. Obtaining information under false pretenses
- § 621. Administrative Enforcement
- § 623. Responsibilities of Furnishers of Information to Consumer Reporting Agencies
- § 628. Disposal of Records
Each of these sections is of direct consequence to users who obtain reports on consumers.
The Report and Score Service utilizes the VantageScore credit score. The VantageScore credit score may or may not be used by Report Subject’s lenders, and is not an endorsement or guarantee of Report Subject’s credit worthiness as seen by lenders.
Please be aware that there are many scoring models used in the marketplace. Each scoring model may have its own set of factors and scale. The information and credit scoring may be different than that used by a lender. The VantageScore credit score may not be identical in every respect to any other credit score produced by another company or used by Report Subject’s lender.
Report Subject’s VantageScore credit score is calculated using Report Subject’s actual data from Report Subject’s credit file on the day that you request Report Subject’s report. Keep in mind, however, that other factors, such as length of employment and annual salary, are often taken into consideration by lenders when making decisions about Report Subject. How each lender weighs their chosen factors may vary, but the exact formula used to calculate Report Subject’s score is proprietary.
Also note that each consumer reporting agency has its own set of data, resulting in a separate VantageScore® credit score for each of Report Subject’s credit files.
You agree to request VantageScore credit scores only for your use alone for the purposes stated in these Terms of Service and for no other purpose or use. All VantageScore credit scores provided hereunder will be held in strict confidence and may never be sold, licensed, copied, reused, disclosed, reproduced, revealed or made accessible, in whole or in part, to any person except as required by law.
VantageScore® is owned by VantageScore Solutions, LLC.
CONFIDENTIALITY OF CREDIT INFORMATION
You acknowledge that the Credit Information and/or data provided by or received by you may include personal information pertaining to individual consumers, and requires that the parties treat such information responsibly and take reasonable steps to maintain appropriate confidentiality and to prevent unlawful dissemination or misuse. You agree that the Service and Credit Information shall only be used as expressly authorized in this Agreement. You agree that under no circumstances will you sell or otherwise disclose any Credit Information, or information contained in or derived from it, to any third party unless otherwise required by law.
NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT
Rentobo offers access to services including an abbreviated version of a Report Subject’s consumer credit report and VantageScore credit score. Rentobo is not acting as a credit repair organization when providing Report Subject with the Service, and is not offering to sell, provide or perform any service to Report Subject for the express or implied purpose of either improving Report Subject’s credit record, credit history or credit rating or providing advice or assistance to Report Subject with regard to improving Report Subject’s credit record, credit history or credit rating. Report Subject acknowledges and agrees that Report Subject is not seeking to purchase, use, or access any of the Service, Service Website, and Content in order to do so.
POINT OF SALE CERTIFICATION
In compliance with Section 1785.14(a) of the California Civil Code, End User certifies to Rentobo that End User is NOT a retail seller, as defined in Section 1802.3 of the California Civil Code, and does NOT issue credit to consumers who appear in person on the basis of applications for credit submitted in person.
DEATH MASTER FILE NOTICE
Access to the Death Master File as issued by the Social Security Administration requires an entity to have a legitimate fraud prevention interest or a legitimate business purpose pursuant to a law, governmental rule regulation, or fiduciary duty, as such business purposes are interpreted under 15 C.F.R. § 1110.102(a)(1).
The National Technical Information Service has issued the Interim Final Rule for temporary certification permitting access to the Death Master File (“DMF”). Pursuant to Section 203 of the Bipartisan Budget Act of 2013 and 15 C.F.R. § 1110.102, access to the DMF is restricted to only those entities that have a legitimate fraud prevention interest or a legitimate business purpose pursuant to a law, governmental rule regulation, or fiduciary duty, as such business purposes are interpreted under 15 C.F.R. § 1110.102(a)(1). As many credit bureau services contain information from the DMF, we would like to remind you of your continued obligation to restrict your use of deceased flags or other indicia provided as part of your access to credit bureau services to legitimate fraud prevention or business purposes in compliance with applicable laws, rules and regulations and consistent with your applicable Fair Credit Reporting Act (15 U.S.C. §1681 et seq.) or Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.) use. Your continued use of credit bureau services affirms your commitment to comply with these terms and all applicable laws.
You acknowledge you will not take any adverse action against any consumer without further investigation to verify the information from the deceased flags or other indicia provided as part of your access to credit bureau services.
Rentobo uses third-party identity verification services to help ensure that users are who they say they are prior to enabling certain features of the Service. Once a user's identity has been verified, Rentobo may also display a badge or other indicator to convey that the user has successfully completed the verification process. However, Rentobo can neither control nor guarantee the accuracy of any identity verification service or process, so you should us the same discretion in dealing with others through Rentobo that you would in person. Because identity verification services use security measures designed to protect your privacy and to safeguard your information, we may not always be able to successfully provide a Service to you. For example, when the system is unable to verify your identity, Rentobo cannot offer a manual authentication process and will be unable to fulfill your order if you fail online authentication one or more times.
Intellectual Property Rights
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Rentobo, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Rentobo, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Rentobo.
The Rentobo name and logos are trademarks and service marks of Rentobo (collectively the “Rentobo Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Rentobo. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Rentobo Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Rentobo Trademarks will inure to our exclusive benefit.
USER GENERATED/UPLOADED CONTENT
With respect to the listings, content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Rentobo and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Rentobo are non-confidential and Rentobo will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Rentobo may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Rentobo, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
THIRD PARTY MATERIAL
Under no circumstances will Rentobo be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Rentobo does not pre-screen content, but that Rentobo and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Rentobo and its designees will have the right to remove any content (including without limitation your listings) that violates these Terms of Service or is deemed by Rentobo, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Rentobo respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Rentobo of your infringement claim in accordance with the procedure set forth below. Rentobo will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Rentobo’s Copyright Agent at firstname.lastname@example.org (Subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Rentobo will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
REPEAT INFRINGER POLICY
In accordance with the DMCA and other applicable law, Rentobo has adopted a policy of terminating, in appropriate circumstances and at Rentobo's sole discretion, users who are deemed to be repeat infringers. Rentobo may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Additional Terms of Service
MODIFICATION OR TERMINATION OF SERVICE
Rentobo may, at its sole discretion, with or without notice, suspend or terminate your account (or any part thereof, including without limitation your listings) or your use of the Service, the Service Website or Content, and remove and discard any content within the Service, the Service Website or Content, for any reason, including, without limitation, if Rentobo believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that Rentobo will not be liable to you or any third party for any modification or discontinuance of any Service, the Service Website or Content. You are solely responsible for any and all claims, damages, losses and costs suffered by Rentobo arising from your acts and/or omissions with respect to the Service, the Service Website and/or Content. We reserve the right to alter these Terms of Service at any time. We’ll notify you on the site or via email of important changes. Your continued use of the Service following a change to these Terms of Service constitutes acceptance of the change. This Agreement may be terminated without cause by Rentobo at any time upon notice by email to you.
You acknowledge and agree that Rentobo may assign or transfer its rights and obligations under this Agreement to any third party. Any assignment or transfer shall not entitle you to any change in terms or refunds. This Agreement may not be transferred or assigned by you without the prior written consent of Rentobo.
The interpretation and enforcement of the arbitration provision contained in the CLAIMS BY BINDING ARBITRATION Section of this Agreement is governed by the Federal Arbitration Act. This Agreement shall otherwise be governed by, construed and enforced in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the state of California.
This Agreement shall be deemed to be severable and, if any provision is determined to be void or unenforceable, then that provision will be deemed severed and the remainder of the Agreement will remain in effect. The foregoing does not apply to Subsection 6 of the CLAIMS BY BINDING ARBITRATION Section of this Agreement; if Subsection 6, or any portion thereof, is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
CLAIMS BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER’S SATISFACTION BY CONTACTING RENTOBO’S CUSTOMER SERVICE DEPARTMENT AT SUPPORT@RENTOBO.COM REGARDING THE SERVICE, SERVICE WEBSITE OR CONTENT. IN THE UNLIKELY EVENT THAT RENTOBO’S CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE TO YOUR SATISFACTION (OR IF RENTOBO HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION. WE ALSO AGREE THAT ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR, NOT A COURT. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. IN ARBITRATION, BOTH YOU AND RENTOBO WOULD BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
- Rentobo and you agree to arbitrate all disputes and claims between us, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims subject to arbitration to the fullest extent permitted by law. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class;
and claims that may arise after the termination of this Agreement.
We also agree that any controversy concerning whether a dispute or claim is arbitrable shall be determined by the arbitrator, not a court, including the scope, applicability, validity, enforceability, interpretation, or formation of this arbitration provision as well as the Agreement’s other terms and conditions, and any claim that all or any part of this arbitration provision or Agreement is void or voidable.
For purposes of this arbitration provision, references to "Rentobo," "you," and "us" shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information under this or prior Agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and Rentobo are each waiving the right to a trial by jury and the right to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Rentobo should be addressed to: Rentobo, 1293 Green Street, San Francisco, CA 94109 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Rentobo and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Rentobo may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Rentobo or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Rentobo is entitled.
The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator shall be bound by the terms of this Agreement. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.
Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
YOU AND RENTOBO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Rentobo agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subparagraph (f) is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Customer agrees to receive notices from Rentobo regarding the Service, and this agreement, from within the Service or to the email address in Customer’s account.
No failure on the part of either party to enforce any covenant, agreement, or condition of this Agreement shall operate as a discharge of such covenant, agreement, or condition, or render the same invalid, or impair the right of either party to enforce the same in the event of any subsequent breach by the other party.
You hereby indemnify, defend, and hold harmless Rentobo, its affiliates and their respective owners, officers, employees and agents, with respect to all claims, demands, damages, costs, penalties, fines, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to your use of or access to the Service, the Service Website and/or Content, and/or your acts or omissions with respect thereto, which includes without limitation any breach of the agreement by you or claim related to your data or content. None of the remedies herein are exclusive. Rentobo shall have the right to each and every remedy herein as well as all other remedies available to Rentobo under law and/or equity.
Rentobo shall not be liable by reason of any failure or delay in the performance of its obligations hereunder due to any reason beyond its reasonable control.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, SERVICE WEBSITE AND CONTENT IS AT YOUR SOLE RISK. ALL SERVICE, SERVICE WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. RENTOBO AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE INFORMATION CONTAINED IN THE SERVICE, SERVICE WEBSITE, CONTENT OR OTHER MATERIALS YOU MAY RECEIVE FROM RENTOBO DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. RENTOBO MAKES NO WARRANTY THAT (I) THE SERVICE AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR CONTENT WILL BE RELIABLE. YOU ACKNOWLEDGE THAT THE INFORMATION PROVIDED TO YOU THROUGH THE SERVICE, INCLUDING A REPORT SUBJECT’S CREDIT INFORMATION, THE VANTAGE SCORE CREDIT SCORE, AND THE SCORE FACTORS DERIVED FROM THE ELEMENTS IN THE REPORT SUBJECT’S CREDIT REPORT, MAY CHANGE OVER TIME AS THE REPORT SUBJECT’S REPORT CHANGES.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RENTOBO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RENTOBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM OR IN ANY WAY CONNECTED TO: (I) YOUR ACCESS TO, USE OF, OR INABILITY TO USE ANY SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL RENTOBO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID RENTOBO IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
BY CLICKING THE "I AGREE" BUTTON OR CHECKING THE "I AGREE" BOX, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREED TO THE TERMS OF THIS AGREEMENT, INCLUDING THE ARBITRATION PROVISION CONTAINED IN THE SECTION ENTITLED "CLAIMS BY BINDING ARBITRATION," AND CONSENT TO THIS BINDING ELECTRONIC TRANSACTION. YOU FURTHER AGREE THAT YOUR ELECTRONIC SIGNATURE IS EFFECTIVE AND YOU WILL NOT CONTEST THE LEGALLY BINDING NATURE, VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT, INCLUDING THE ARBITRATION PROVISION, BASED ON THE FACT THAT THE TERMS WERE ACCEPTED ELECTRONICALLY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU MAY RECEIVE RELATED NOTICES AND OTHER SERVICES ELECTRONICALLY THROUGHOUT YOUR ENTIRE COURSE OF PARTICIPATION IN THE SERVICE.
This Agreement and any related transactions entered into electronically will be deemed to be "in writing" and to have been "signed" by you with the same effect as a manual signature (and any electronic record of such Agreement entered into online will be deemed to be "in writing.")
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Rentobo, 1293 Green Street, San Francisco, CA 94109, or by telephone at (415) 800-7562.
QUESTIONS? CONCERNS? SUGGESTIONS?
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
Access Security Requirements for FCRA and GLB 5A Data
The following information security controls are required to reduce unauthorized access to consumer information. It is your (company or individual provided access to Experian systems or data through Rentobo, referred to as the “Company”) responsibility to implement these controls. If you do not understand these requirements or need assistance, it is your responsibility to get an outside service provider to assist you. Rentobo reserves the right to make changes to these Access Security Requirements without prior notification. The information provided herewith provides minimum baselines for information security.
In accessing Rentobo services, you agree to follow these security requirements (based on guidelines provided to Rentobo by Experian). These requirements are applicable to all systems and devices used to access, transmit, process, or store Rentobo data:
Implement Strong Access Control Measures
All credentials such as User names/identifiers/account numbers (user IDs) and user passwords must be kept confidential and must not be disclosed to an unauthorized party. No one from Rentobo will ever contact you and request your credentials.
If using third party or proprietary system to access Rentobo’s systems, ensure that the access must be preceded by authenticating users to the application and/or system (e.g. application based authentication, Active Directory, etc.) utilized for accessing Rentobo data/systems.
If the third party or third party software or proprietary system or software, used to access Rentobo data/systems, is replaced or no longer in use, the passwords should be changed immediately.
Create a unique user ID for each user to enable individual authentication and accountability for access to Rentobo’s infrastructure. Each user of the system access software must also have a unique logon password.
User IDs and passwords shall only be assigned to authorized individuals based on least privilege necessary to perform job responsibilities.
User IDs and passwords must not be shared, posted, or otherwise divulged in any manner.
Develop strong passwords that are:
- Not easily guessable (i.e. your name or company name, repeating numbers and letters or consecutive numbers and letters)
Contain a minimum of eight (8) alphabetic and numeric characters for standard user accounts
For interactive sessions (i.e. non system-to-system) ensure that passwords/passwords are changed periodically (every 90 days is recommended)
Passwords (e.g. user/account password) must be changed immediately when:
Any system access software is replaced by another system access software or is no longer used
The hardware on which the software resides is upgraded, changed or disposed
Any suspicion of password being disclosed to an unauthorized party
Ensure that passwords are not transmitted, displayed or stored in clear text; protect all end user (e.g. internal and external) passwords using, for example, encryption or a cryptographic hashing algorithm also known as “one-way” encryption. When using encryption, ensure that strong encryption algorithm are utilized (e.g. AES 6. or above).
Implement password protected screensavers with a maximum fifteen (15) minute timeout to protect unattended workstations. Systems should be manually locked before being left unattended.
Active logins to credit information systems must be configured with a 30 minute inactive session timeout.
Ensure that personnel who are authorized access to credit information have a business need to access such information and understand these requirements to access such information are only for the permissible purposes listed in the Permissible Purpose Information section of the membership application.
Company must NOT install Peer-to-Peer file sharing software on systems used to access, transmit or store Experian data.
Ensure that Company employees do not access their own credit reports or those reports of any family member(s) or friend(s) unless it is in connection with a credit transaction or for another permissible purpose.
Implement a process to terminate access rights immediately for users who access Experian credit information when those users are terminated or when they have a change in their job tasks and no longer require access to that credit information.
Implement a process to perform periodic user account reviews to validate whether access is needed as well as the privileges assigned.
Implement a process to periodically review user activities and account usage, ensure the user activities are consistent with the individual job responsibility, business need, and in line with contractual obligations.
Implement physical security controls to prevent unauthorized entry to Company’s facility and access to systems used to obtain credit information. Ensure that access is controlled with badge readers, other systems, or devices including authorized lock and key.
Maintain a Vulnerability Management Program
Keep operating system(s), firewalls, routers, servers, personal computers (laptops and desktops) and all other systems current with appropriate system patches and updates.
Configure infrastructure such as firewalls, routers, servers, tablets, smart phones, personal computers (laptops and desktops), and similar components to industry best security practices, including disabling unnecessary services or features, and removing or changing default passwords, IDs and sample files/programs, and enabling the most secure configuration features to avoid unnecessary risks.
Implement and follow current best security practices for computer virus detection scanning services and procedures:
Use, implement and maintain a current, commercially available anti-virus software on all systems, if applicable anti-virus technology exists. Anti-virus software deployed must be capable to detect, remove, and protect against all known types malicious software such as viruses, worms, spyware, adware, Trojans, and root-kits.
Ensure that all anti-virus software is current, actively running, and generating audit logs; ensure that anti-virus software is enabled for automatic updates and performs scans on a regular basis.
If you suspect an actual or potential virus infecting a system, immediately cease accessing the system and do not resume the inquiry process until the virus has been eliminated.
Develop and follow procedures to ensure that data is protected throughout its entire information lifecycle (from creation, transformation, use, storage and secure destruction) regardless of the media used to store the data (i.e., tape, disk, paper, etc.).
Experian data is classified Confidential and must be secured to in accordance with the requirements mentioned in this document at a minimum.
Procedures for transmission, disclosure, storage, destruction and any other information modalities or media should address all aspects of the lifecycle of the information.
Encrypt all Experian data and information when stored electronically on any system including but not limited to laptops, tablets, personal computers, servers, databases using strong encryption such as AES 256 or above.
Experian data must not be stored locally on smart tablets and smart phones such as iPads, iPhones, Android based devices, etc.
When using smart tablets or smart phones to access Experian data, ensure that such devices are protected via device pass-code.
Applications utilized to access Experian data via smart tablets or smart phones must protect data while in transmission such as SSL protection and/or use of VPN, etc.
Only open email attachments and links from trusted sources and after verifying legitimacy.
When no longer in use, ensure that hard-copy materials containing Experian data are crosscut shredded, incinerated, or pulped such that there is reasonable assurance the hard-copy materials cannot be reconstructed.
When no longer in use, electronic media containing Experian data is rendered unrecoverable via a secure wipe program in accordance with industry-accepted standards for secure deletion, or otherwise physically destroying the media (for example, degaussing).
Maintain an Information Security Policy
Develop and follow a security plan to protect the confidentiality and integrity of personal consumer information as required under the GLB Safeguards Rule.
Suitable to complexity and size of the organization, establish and publish information security and acceptable user policies identifying user responsibilities and addressing requirements in line with this document and applicable laws and regulations.
Establish processes and procedures for responding to security violations, unusual or suspicious events and similar incidents to limit damage or unauthorized access to information assets and to permit identification and prosecution of violators. If you believe Experian data may have been compromised, immediately notify Rentobo within twenty-four (24) hours or per agreed contractual notification timeline (See also Section 8).
The FACTA Disposal Rules requires that Company implement appropriate measures to dispose of any sensitive information related to consumer credit reports and records that will protect against unauthorized access or use of that information.
Implement and maintain ongoing mandatory security training and awareness sessions for all staff to underscore the importance of security in the organization.
When using third party service providers (e.g. application service providers) to access, transmit, store or process Experian data, ensure that service provider is compliant with the Experian Independent Third Party Assessment (EI3PA) program, and registered in Experian’s list of compliant service providers. If the service provider is in the process of becoming compliant, it is Company’s responsibility to ensure the service provider is engaged with Experian and an exception is granted in writing.
Build and Maintain a Secure Network
Protect Internet connections with dedicated, industry-recognized firewalls that are configured and managed using industry best security practices.
Internal private Internet Protocol (IP) addresses must not be publicly accessible or natively routed to the Internet. Network address translation (NAT) technology should be used.
Administrative access to firewalls and servers must be performed through a secure internal wired connection only.
Any stand-alone computers that directly access the Internet must have a desktop firewall deployed that is installed and configured to block unnecessary/unused ports, services, and network traffic.
Change vendor defaults including but not limited to passwords, encryption keys, SNMP strings, and any other vendor defaults.
For wireless networks connected to or used for accessing or transmission of Experian data, ensure that networks are configured and firmware on wireless devices updated to support strong encryption (for example, IEEE 2. .11i) for authentication and transmission over wireless networks.
When using service providers (e.g. software providers) to access Rentobo systems, access to third party tools/services must require multi-factor authentication.
Regularly Monitor and Test Networks
Perform regular tests on information systems (port scanning, virus scanning, internal/external vulnerability scanning). Ensure that issues identified via testing are remediated according to the issue severity (e.g. fix critical issues immediately, high severity in 15 days, etc.)
Ensure that audit trails are enabled and active for systems and applications used to access, store, process, or transmit Experian data; establish a process for linking all access to such systems and applications. Ensure that security policies and procedures are in place to review security logs on daily or weekly basis and that follow-up to exceptions is required.
Use current best practices to protect telecommunications systems and any computer system or network device(s) used to provide Services hereunder to access Rentobo systems and networks. These controls should be selected and implemented to reduce the risk of infiltration, hacking, access penetration or exposure to an unauthorized third party by:
protecting against intrusions;
securing the computer systems and network devices;
and protecting against intrusions of operating systems or software.
Mobile and Cloud Technology
Storing Experian data on mobile devices is prohibited. Any exceptions must be obtained from Experian in writing; additional security requirements will apply.
Mobile applications development must follow industry known secure software development standard practices such as OWASP and OWASP Mobile Security Project adhering to common controls and addressing top risks.
Mobile applications development processes must follow secure software assessment methodology which includes appropriate application security testing (for example: static, dynamic analysis, penetration testing) and ensuring vulnerabilities are remediated.
Mobility solution server/system should be hardened in accordance with industry and vendor best practices such as Center for Internet Security (CIS) benchmarks, NIS, NSA, DISA and/or other.
Mobile applications and data shall be hosted on devices through a secure container separate from any personal applications and data. See details below. Under no circumstances is Experian data to be exchanged between secured and non-secured applications on the mobile device.
In case of non-consumer access, that is, commercial/business-to-business (B2B) users accessing Experian data via mobile applications (internally developed or using a third party application), ensure that multi-factor authentication and/or adaptive/risk-based authentication mechanisms are utilized to authenticate users to application.
When using cloud providers to access, transmit, store, or process Experian data ensure that:
(i) Appropriate due diligence is conducted to maintain compliance with applicable laws and regulations and contractual obligations
(ii) Cloud providers must have gone through independent audits and are compliant with one or more of the following standards, or a current equivalent as approved/recognized by Experian:
- ISO 00. 1
- PCI DSS
- SSAE 16 – SOC 2 or SOC3
- CAI / CCM assessment
Rentobo may from time to time audit the security mechanisms Company maintains to safeguard access to Experian information, systems and electronic communications. Audits may include examination of systems security and associated administrative practices
In cases where the Company is accessing Experian information and systems via third party software, the Company agrees to make available to Rentobo upon request, audit trail information and management reports generated by the vendor software, regarding Company individual authorized users.
Company shall be responsible for and ensure that third party software, which accesses Rentobo information systems, is secure, and protects this vendor software against unauthorized modification, copy and placement on systems which have not been authorized for its use. Company shall conduct software development (for software which accesses Rentobo information systems; this applies to both in-house or outsourced software development) based on the following requirements:
Software development must follow industry known secure software development standard practices such as OWASP adhering to common controls and addressing top risks. Software development processes must follow secure software assessment methodology which includes appropriate application security testing (for example: static, dynamic analysis, penetration testing) and ensuring vulnerabilities are remediated. Software solution server/system should be hardened in accordance with industry and vendor best practices such as Center for Internet Security (CIS) benchmarks, NIS, NSA, DISA and/or other.
Reasonable access to audit trail reports of systems utilized to access Rentobo systems shall be made available to Rentobo upon request, for example during breach investigation or while performing audits Data requests from Company to Rentobo must include the IP address of the device from which the request originated (i.e., the requesting client’s IP address), where applicable.
Company shall report actual security violations or incidents that impact Experian to Rentobo within twenty-four (24) hours or per agreed contractual notification timeline. Company agrees to provide notice to Rentobo of any confirmed security breach that may involve data related to the contractual relationship, to the extent required under and in compliance with applicable law.
Company acknowledges and agrees that the Company (a) has received a copy of these requirements, (b) has read and understands Company’s obligations described in the requirements, (c) will communicate the contents of the applicable requirements contained herein, and any subsequent updates hereto, to all employees that shall have access to Rentobo services, systems or data, and (d) will abide by the provisions of these requirements when accessing Experian data. Company understands that its use of Rentobo networking and computing resources may be monitored and audited by Rentobo, without further notice.
Company acknowledges and agrees that it is responsible for all activities of its employees/authorized users, and for assuring that mechanisms to access Rentobo services or data are secure and in compliance with its membership agreement. When using third party service providers to access, transmit, or store Experian data, additional documentation may be required by Rentobo.
Record Retention: The Federal Equal Credit Opportunity Act states that a creditor must preserve all written or recorded information connected with an application for 25 months. In keeping with the ECOA, Experian requires that you retain the credit application and, if applicable, a purchase agreement for a period of not less than 25 months. When conducting an investigation, particularly following a consumer complaint that your company impermissibly accessed their credit report, Experian will contact you and will request a copy of the original application signed by the consumer or, if applicable, a copy of the sales contract.
“Under Section 1. (a) (2) (A) of the FCRA, any person that violates any of the provisions of the FCRA may be liable for a civil penalty of not more than $50. 0 per violation.”