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7.2. Fair Credit Reporting Act. The Services provided pursuant to this Agreement are not provided by "consumer reporting
<br /> agencies"as that term is defined in the Fair Credit Reporting Act(15 U.S.C.§ 1681,et seq.) ("FCRA")and do not constitute
<br /> "consumer reports"as that term is defined in the FCRA.Agency certifies that it will not use any of the information it receives
<br /> through the Services in whole or in part as a factor in determining eligibility for credit,insurance,or employment or for any
<br /> other eligibility purpose that would qualify the information in as a consumer report.
<br /> 7.3. Protected Health Information. Unless otherwise contemplated by an applicable Business Associate Agreement executed
<br /> by the Parties,Agency will not provide Provider with any Protected Health Information (as that term is defined in 45 C.F.R.
<br /> Sec. 160.103) or with Electronic Health Records or Patient Health Records (as those terms are defined in 42 U.S.C. Sec.
<br /> 17921(5), and 42 U.S.C. Sec. 17921(11), respectively) or with information from such records without the execution of a
<br /> separate agreement between the Parties.
<br /> 7.4. Social Security Numbers. Social Security Numbers may be available hereunder as part of Reports and/or related data
<br /> provided from certain states. However, Agency shall not provide Social Security Numbers to Provider under any
<br /> circumstances under this Agreement.Should Agency require more information on Social Security Numbers or its obligations
<br /> in relation thereto,Agency should contact Provider Agency Service at 1-866-215-2771 for assistance.
<br /> 7.5. Privacy Principles. Agency shall comply with the "Provider Data Privacy Principles" available at
<br /> http://www.lexisnexis.com/privacy/data-privacy-principles.aspx, as updated from time to time. Provider shall notify
<br /> Agency in writing in the event that material changes are made to the Provider Data Privacy Principles.
<br /> 7.6. Security. Agency agrees to protect against the misuse and/or unauthorized access of the Services provided to Agency in
<br /> accordance with this Agreement and as set forth in Exhibit A,attached hereto.
<br /> 8. CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY OWNERSHIP.
<br /> 8.1. Definition. "Confidential Information" means all non-public information provided by the disclosing Party to the receiving
<br /> Party hereunder, including, without limitation, all information related to technical, financial, strategies and related
<br /> information, business information, computer programs, algorithms, know-how, processes, databases, systems, ideas,
<br /> inventions (whether patentable or not), schematics, Trade Secrets (as defined by applicable law) and other information
<br /> (whether written or oral).Confidential Information does not include Reports and information related thereto.Confidential
<br /> Information does not include information that was, at the time of the disclosure: (a) or becomes (through no improper
<br /> action or inaction by the recipient) generally known to the public; (b) lawfully disclosed to recipient by a third-party and
<br /> received in good faith and without any duty of confidentiality by the recipient orthe third-party;(c)in recipient's possession
<br /> or known to it prior to receipt from discloser;or(d)independently developed by recipient; provided in each case that such
<br /> forgoing information was not delivered to or obtained by recipient as a result of any breach of this Agreement.
<br /> 8.2. Treatment of Confidential Information. Each Party agrees to protect the Confidential Information with the same degree of
<br /> care it uses to protect its own confidential information of a similar nature, but not less than a reasonable standard of care
<br /> and not to use the other Party's Confidential Information other than as necessary to perform its obligations or as permitted
<br /> under this Agreement.A Party shall not remove or destroy any proprietary or confidential legends or markings placed upon
<br /> or contained within any Confidential Information.
<br /> 8.3. Intellectual Property Ownership. Each Party retains all right,title,and interest under applicable contractual,copyright and
<br /> related laws to their respective Confidential Information, including the right to use such information for all purposes
<br /> permissible by applicable laws, rules, and regulations. Provider retains all rights (other than the limited license granted
<br /> herein), title, interest, ownership and all intellectual property rights in the Services including any improvements or
<br /> modifications thereto, and Agency shall use such information consistent with such right, title and interest and notify
<br /> Provider of any threatened or actual infringement thereof. Agency shall not remove or obscure any copyright or other
<br /> notices from the Services or materials provided hereunder.
<br /> 8.4. Exception for Subpoenas and Court Orders.A Party may disclose Confidential Information solely to the extent required by
<br /> subpoena, court order, the freedom of information act for the state which is applicable to the Agency("FOIA"), or other
<br /> governmental authority, provided that the receiving Party provides the disclosing Party prompt written notice of such
<br /> subpoena,court order, FOIA request or other governmental authority so as to allow the disclosing Party an opportunity to
<br /> obtain a protective order to prohibit or limit such disclosure at its sole cost and expense.Confidential Information disclosed
<br /> pursuant to subpoena, court order, FOIA request or other governmental authority shall otherwise remain subject to the
<br /> terms applicable to Confidential Information.
<br /> Confidential—Law Enforcement Agreement(Q3.23.V3) Page 5 of 9
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