Date Last Revised: August 17, 2022
This Addendum is for purposes of Relying Party receiving Motor Vehicle Records information (“MVRs”), which may include medical or mental health information about a consumer). This Addendum is entered into with Relying Party who has executed an underlying “Relying Party Subscription Terms and Conditions” with Evident (“Terms and Conditions”). This Addendum merely supplements the existing Terms and Conditions between the parties and does not modify, amend or delete any existing term therein, including terms of payment or other terms and conditions contained in the underlying Terms and Conditions. This Addendum shall be interpreted with any other Addendums and the Terms and Conditions to form one agreement. Capitalized terms that are not otherwise defined herein shall have the meanings set forth in the Terms and Conditions.
1. RELYING PARTY CERTIFICATIONS AND OBLIGATIONS.
Relying Party shall comply with the federal Driver’s Privacy Protection Act (“DPPA”) and analogous state statutes. In addition, Relying Party acknowledges that certificates of use and/or other documents or agreements may need to be established with individual states prior to receiving MVRs. Additionally, some states may require forms including the original signature of the Authorized End User to whom the MVR applies prior to providing an MVR. These requirements are dictated by each state and can change without notice. Proper documentation with individual states must be in place prior to receiving MVRs. Relying Party certifies that it will use MVR information only in the normal course of business to obtain lawful information relating to the holder of a driver’s license or to verify information provided by the Authorized End User. Relying Party shall not transmit any data contained in the resulting MVR via the public internet, electronic mail, or any other unsecured means.
2. DISPOSAL OF INFORMATION CONTAINED WITHIN THE MVRS.
Relying Party shall properly dispose of the information arising from the MVRs in its possession in a manner which will protect against unauthorized access or use thereof or any actions that would otherwise jeopardize the confidentiality of consumers’ personal information contained in the MVRs. This means having policies and procedures in place that require the burning, pulverizing, or shredding of papers containing personal information so that the information cannot practically be read or reconstructed. If such information is in electronic format, this includes having policies and procedures in place to destroy or erase such personal information so it cannot practically be read or reconstructed.
3. DISCLAIMER.
RELYING PARTY ACKNOWLEDGES AND AGREES THAT ANY CRITERIA EMBODIED IN THE SUBSCRIPTION SERVICES DISTRIBUTED BY EVIDENT HAS BEEN ESTABLISHED BY AND APPROVED BY RELYING PARTY AND THAT EVIDENT BEARS NO RESPONSIBILITY FOR ESTABLISHING SUCH CRITERIA AND MAKES NO REPRESENTATIONS REGARDING THE VALIDITY, LEGALITY, OR APPROPRIATENESS OF THE CRITERIA. RELYING PARTY FURTHER ACKNOWLEDGES AND AGREES THAT RELYING PARTY IS SOLELY RESPONSIBLE FOR DEVELOPING SUCH CRITERIA AND FOR MAKING ANY DECISIONS BASED ON SUCH CRITERIA. EVIDENT IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR, DEVELOPING SUCH CRITERIA OR MAKING ANY DECISIONS BASED ON SUCH CRITERIA. ALL DECISIONS ARE MADE EXCLUSIVELY BY RELYING PARTY, NOT BY EVIDENT. RELYING PARTY AGREES THAT IT ASSUMES FULL RESPONSIBILITY FOR SUCH DECISIONS AND AGREES TO INDEMNIFY AND HOLD EVIDENT HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, AND ANY COSTS (INCLUDING ATTORNEY’S FEES) THAT MAY BE RELATED TO OR ARISE THEREFROM.