Prequalification Services Agreement

1. Purpose of Services

This Agreement applies to the Subscriber's use of consumer report data accessed via Soft Pull Solutions to determine whether a consumer may qualify for certain credit terms. This process constitutes a Prequalification and is governed by FCRA Section 604(a)(2). The Prequalification Services are:

- Consumer-initiated

- Based on the consumer's written instructions

- Used to present potential lending options to the consumer

- Not to be used for underwriting, credit decisioning, or prescreening

2. FCRA Compliance – Written Instructions

Subscriber must obtain valid “written instructions” (as defined in the FCRA) from the consumer prior to accessing their credit report for prequalification. This may be done via website or telephone, with the following standards:

1. Website-Based Consent
   1. A clear and conspicuous notice must inform the consumer that their credit profile will be accessed solely for prequalification and that clicking "I AGREE" constitutes written instructions.

Suggested Notice:

"You understand that by clicking on the I AGREE button immediately following this notice, you are providing ‘written instructions’ to [Subscriber Name] under the Fair Credit Reporting Act authorizing [Subscriber Name] to obtain information from your personal credit profile or other information from one or more consumer reporting agencies. You authorize [Subscriber Name] to obtain such information solely to conduct a prequalification for credit."

1. 2. The "I AGREE" button must immediately follow the notice.
   3. The consent notice and button must be separate from other site content.
   4. Consumer must not be able to proceed without clicking "I AGREE."
   5. Subscriber must provide the consumer:

- Hardware/software requirements for electronic consent

- Option to print/save the consent terms

- Instructions for obtaining a paper copy

- Instructions for updating contact information

1. 6. Consent must be retained in a reproducible format.

1. Telephone-Based Consent
   1. Subscriber must use the following script:

"In order to verify your identity, you need to authorize [Subscriber Name] to access your credit report for prequalification purposes. Please confirm your authorization to access your credit report by pressing the # key now."

1. 2. Consumer must not proceed without providing consent.
   3. Consent must be recorded and stored in a reproducible format.

3. Permitted Uses & Prohibited Actions

Subscriber agrees to comply with the following:

1. 1. Permitted Use: Subscriber may only use Prequalification Services to determine potential credit offers for a consumer based on consumer-provided criteria and written consent.
   2. Prohibited Actions:

- Subscriber may not display, provide, or disclose any consumer report, score, or decision derived from the report to the consumer or to any third party.

- Subscriber may not reuse consumer report data after the session or use it for any purpose other than prequalification.

- Subscriber may not make any credit decision or act as an agent of a third party for credit decisioning or prescreening.

- Subscriber may not post depersonalized or stripped credit profiles for third-party bidding.

- Subscriber may not operate as a reseller of Prequalification Services.

- Subscriber may only direct consumers to lenders with their own permissible purpose, and only with the consumer’s specific authorization.

- Subscriber may not use the trademarks, logos, or branding of any consumer reporting agency without prior written permission.

4. Recordkeeping & Storage
   4. Subscriber must retain consumer consent records in a form that can be accurately reproduced.
   5. Prequalification data may only be retained for up to thirty (30) days.
   6. Subscriber must:

- Segregate Prequalification data from other consumer reporting data

- Have formal procedures for purging expired data

5. Compliance & Audit
   5. Subscriber shall comply with all applicable laws including FCRA, GLBA, ECOA, and state equivalents.
   6. Soft Pull Solutions and/or the consumer reporting agencies reserve the right to audit Subscriber’s compliance.
   7. Failure to comply with this Agreement or applicable law may result in immediate suspension or termination of access.
6. No Warranties / Limitation of Liability

The Services and any consumer report data are provided “AS IS.” Soft Pull Solutions makes no representations or warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.

7. Contact Information

Subscriber must provide accurate contact information and update it as needed to receive legal and compliance notices.