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5.4 Distribution of ORCA Business Cards. The Business Account is responsible for distributing its Business Cards for use by its Eligible Business Cardholders. The Business Account remains the owner of all Business Cards it distributes but a cardholder may also purchase and load individual ORCA products on a Business Card and individually register the card. To enable Cardholders to register Business Cards as provided in Section 6 below, the Business Account may not register, or allow anyone other than the Cardholder to register, the Business Cards that are issued under this Agreement. The Business Account shall require, as a condition of receiving a Business Card, that the Cardholder sign the written Cardholder Rules of Use in the form of Attachment 4, which is incorporated in this Agreement by this reference, or such other form as may be approved by the Lead Agency, provided it includes the following at a minimum: a. a prohibition on the sale or transfer of the Business Card; b. notice that the Cardholder is required to pay any difference between a required fare and the value of the ORCA Product loaded onto the Business Card; c. notice that any ORCA Products purchased by the Cardholder with his/her own funds and loaded on the Business Card, including but not limited to the E-purse, will become the property of the Business Account and any subsequent refund to the Cardholder would be the responsibility of the Business Account in accordance with its own refund policy. Individuals are encouraged to purchase an individual card if they have concerns about refund policies. d. notice that the ORCA System will record data each time the Cardholder presents a Business Card to an ORCA device to prove fare payment, to load a product on it, or to review the amount and type of product on it. Such data will include, but not be limited to, the date, time and route or other location related to the card being presented. Such data is owned by the Agencies but accessible to the ORCA System contractor(s)that operate it, the Business Account, and the Agencies. e. notice that use of an ORCA Business Card to ride an Agency Transportation Service requires more than showing the card to a driver or fare enforcement officer. The Cardholder must actually tap a valid ORCA Business Card on an ORCA card reader when boarding, deboarding or both, as required by the Agency's rules. For example, to show proof of payment of the required fare, riders on Sound Transit's Link light rail or Sounder train service must tap the ORCA card to an ORCA reader device before boarding and after deboarding (even if the rider boarded in a ride-free area). f. notice that proof of fare payment must be made by tapping the ORCA Card on the card reader in the manner required by each Agency; otherwise, the Cardholder may be subject to a fine if the ORCA Card is not tapped, and the Cardholder will be personally responsible for any fines that may be imposed. The Business Account understands and agrees that it is solely responsible for implementation and enforcement of the Cardholder Rules of Use. 5.5 Business Account Access to Personally Identifying Information. If an individual Cardholder opts to register one of the Business Cards issued to the Business Account, any personally identifying information provided to the ORCA System (e.g. name, address, telephone number, and credit card number) will not be accessible by the Business Account. If the Business Account collects any personally identifying information about individuals to whom it has distributed Business Cards, the Business Account is solely responsible for its collection, use, storage and disclosure of such information. ORCA Passport Agreement Page 5 of 23 City of Everett BA ID: 1891 January 1, 2017-December 31,2017