Version: March 3, 2023
Note: For purposes of all terms and conditions in these Certn TOU only: (a) all references to “Qualified Subscriber” and “Subscriber” shall mean and refer to Client, Property Manager and End-User as those terms are defined in the Agreement, as applicable; and (b) all references to “YRS” shall mean and refer to YRS as defined in the Agreement, as applicable.
1. Subscriber acknowledges that through the Certn Services, Subscriber may obtain a Certn tenant screening report from Certn (the “Certn Report”), and that the contents of the Certn Report may vary subject to Certn’s ability to obtain the applicant data necessary to generate the Certn Report. Subscriber acknowledges that Certn will provide a Pass/Review/Fail flag with the Certn Report, which is based on Certn’s evaluation of the applicant’s data contained in the Certn Report. Subscriber acknowledges further that YRS will provide the Certn Report and Pass/Review/Fail flag to Subscriber, but YRS will not review or evaluate the applicant’s data contained in the Certn Report.
2. Subscriber acknowledges that it is in the business of providing property management and tenancy services to consumers and certifies that Certn Reports will be used only for that purpose. Subscriber certifies that it will comply with all applicable laws and regulations, including the collection of necessary consents, authorizations, and disclosures. Subscriber further agrees that YRS has the right to audit applicant consents collected by Subscriber to assess compliance with the Agreement, the Certn TOU, and Applicable Laws. YRS may from time-to-time request that Subscriber produce executed copies of applicant consents regarding the collection and dissemination of such applicant’s personal information, or other information as necessary for YRS to monitor compliance with Applicable Laws. Subscriber’s inability to produce applicant consent documentation or reasonable explanation, together with a remediation plan, within 14 days of such request may result in immediate suspension and/or termination of the Subscriber’s account, legal action, and/or other appropriate measures.
3. As an express condition of accessing and using the Certn Services as permitted under this Agreement, Subscriber acknowledges and agrees that each Certn Report provided by Certn and YRS shall only be used during one (1) tenant screening session and only for the purpose of evaluating applicants in accordance with the Agreement and all applicable laws and regulations and Schedule C (Required Supplemental Terms and Conditions) (the “Permissible Purpose”).
4. Subscriber acknowledges that all terms and conditions of the Agreement apply to Subscriber and its End-Users’ use of the Certn Services, including but not limited to all use, confidentiality, and security obligations, and YRS’s right to conduct random as well as regular monitoring of End-Users’ access to and use of the Certn Services for the purpose of validating that End-Users are accessing and using the Certn Services only for the Permissible Purpose and in accordance with the Agreement.
5. Subscriber acknowledges and agrees that YRS does not guarantee or warrant the accuracy of the data received from Certn or the accuracy of the information contained in the Certn Report. Subscriber further acknowledges that Subscriber is solely and exclusively responsible for establishing the Eligibility Criteria for each Property that uses the Certn Services, and that YRS plays no role in any tenancy decision and does not guarantee the effectiveness of Subscriber’s applicant selection policies or the accuracy of any information provided through the Certn Services or in the Certn Report.
6. Subscriber agrees that it will:
a. Comply with all applicable laws, including but not limited to provincial and federal consumer reporting legislation and data protection and privacy legislation (“Applicable Laws”).
b. Accept full responsibility for all consequences stemming from its acquisition or dissemination of consumer reports, including Certn Reports.
c. Keep all Certn Reports confidential and not resell, transfer, distribute or otherwise give any third-party access to Certn Reports without the consent of the applicable applicant or as otherwise required by Applicable Laws or court order.
d. Not assert any intellectual property right claim to or other interest in the Certn Services.
e. Not assign or otherwise transfer any of its rights to use the Certn Services.
f. Destroy applicant data in accordance with its retention policy and Applicable Laws.
g. Keep any information or passwords related to its access to the Certn Services and Certn Reports confidential and secure.
h. Acknowledge and agree that the Certn Services are not guaranteed to be error-free or uninterrupted.