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SCHERZER INTERNATIONAL

CLIENT CERTIFICATION AGREEMENT

FOR PROCURING CONSUMER REPORTS FOR EMPLOYMENT PURPOSE

Client (“End-user”) hereby certifies that it is requesting and will be using consumer report(s) and/or investigative consumer report(s) (the “Reports”) obtained from Scherzer International (“SI”) for employment purposes (for the evaluation of individuals for employment, promotion, reassignment or retention as an employee), and agrees to the following terms and conditions (the “Certification Agreement”):
  1. Compliance. End-user shall comply in all material respects with applicable federal, state and local laws, regulations and orders and any amendments thereto, including without limitation and to the extent applicable, the Fair Credit Reporting Act (the “FCRA”) (15 U.S.C. § 1681 et seq.), the California Consumer Credit Reporting Agencies Act (California Civil Code § 1785), the Investigative Consumer Reporting Agencies Act (California Civil Code § 1786), the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), the Driver Protection Policy Act (18 U.S.C.§ 2721 et seq.), the Health Insurance Portability and Accountability Act (42 U.S.C. § 1320d), the fair information practice principles published by the United States Federal Trade Commission, the General Data Protection Regulation 2016/679 of the European Parliament and of the Council of the European Union, and the European Commission of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and applicable regulations and any applicable secondary legislation, regulations, and orders.
  2. Employment purpose. End-user shall request the Reports pursuant to the procedures prescribed by SI from time to time only when End-user is considering the consumer for employment, promotion, reassignment or retention as an employee, and for no other purpose. End-user shall comply with any federal, state and local laws, regulations or orders that may restrict or ban the use of consumer reports for employment purpose.
  3. Disclosure and authorization. End-user shall not request a Report unless:
    • a) End-user first makes a clear and conspicuous disclosure to the consumer in writing, in a stand-alone document, that a Report may be obtained and used for employment purpose; and
    • b) the consumer has authorized in writing the procurement of the Report.
  4. Adverse action process. Before taking adverse action in whole or in part based on the Report, End-user shall provide the following to the consumer:
    • a) a “pre-adverse action” notice pursuant to FCRA § 604(b), which shall include a copy of the Report, the FCRA summary of rights as prescribed by the Consumer Financial Protection Bureau (the “CFPB”) and any applicable notices required by federal, state and local laws, regulations and orders; and
    • b) subsequent “adverse action” notice pursuant to FCRA § 615(a)] after adverse action is taken.
  5. Use of report. End-user shall procure the Report only for its one-time use. End-user shall hold the Report in strict confidence, and not disclose it to any third parties that are not involved in the employment decision. End-user shall not use the information from the Report in violation of any applicable federal, state or local equal employment opportunity law or regulation.
  6. Not legal advice. End-user acknowledges that SI does not guarantee End-user’s compliance with applicable laws and regulations in End-user’s use of the Report. End-user agrees that End-user’s communication with SI is not to be construed as legal advice, and End-user shall consult its own legal or other counsel regarding the legality of using or relying on the information in the Report.
  1. Confirmation of receipt of obligations notice. End-user confirms that End-user has received “Notice to Users of Consumer Reports: Obligations of Users under the FCRA” published by the CFPB by clicking and downloading here and/or by receiving a paper or electronic copy from SI.
  2. Obtaining information under false pretenses. END-USER ACKNOWLEDGES THAT THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18 OF THE UNITED STATES CODE OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.
  3. Privacy and security. End-user shall have reasonable procedures to protect and secure the Reports from unauthorized persons.
  4. Records retention. If the Report contains consumer credit report information obtained by SI from TransUnion (“TU”), or employment-related information from The Work Number®, a service operated by TALX Corporation (“TALX”) used to verify certain employment and income related information about employees of TALX employer clients, End-user shall maintain copies of all relevant written authorizations for a minimum of five (5) years from the date of inquiry.
  5. Additional credentialing requirement for certain reports. If the Report will include a consumer credit report obtained from TU, or TALX Employment Information, End-user shall complete additional documentation to substantiate that End-user is a legitimate business entity, and if required by regulation or directive of TU or TALX, to a non-invasive site inspection of its facilities to verify the legitimacy, substance, location, security and intended purpose for requesting the TU credit report or TALX Employment Information.
  6. Order of precedence. If a court of competent jurisdiction or any arbitrator or mediator determines that a conflict exists between the provisions of this Certification Agreement and SI’s Terms and Conditions Agreement (the “T&C”), the terms and conditions of the T&C shall prevail and be enforced instead of the conflicting terms of this Certification Agreement.
  7. Term and termination. This Agreement shall begin on the date signed and continue for a period of one (1) year and renew automatically for successive one (1) year periods unless either party gives written notice to the other party of its intent to terminate the Agreement at least ten (10) days prior to the termination date. With just cause, such as End-user’s violation of this Certification Agreement, or a legal requirement, or a material change in existing legal requirements that adversely affects End-user’s Certification Agreement, SI may, upon its election, discontinue serving the End-user and cancel the Certification Agreement immediately. The termination of this Certification Agreement shall not relieve End-user of any obligations accruing prior to such termination.

    Revised: 7/31/17

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If yes, you will be redirected to step 6 to complete the form.

SI complies with all legal obligations as both a Consumer Reporting Agency and as a Reseller of Consumer Credit Reports under the FCRA, Gramm-Leach-Bliley Act Financial Privacy and Safeguarding Rules, FTC Disposal Rule and other federal and state laws and regulations.
The following information is collected and verified as part of SI's mandatory due diligence or "Know Your Client" credentialing that must be performed to confirm our client's identity and certifications in order to provide Consumer Credit Reports and comply with the FCRA requirement that a Consumer Report is provided only for a purpose permitted under Section 604 of the FCRA.

  1. Letter of Intent. You agree to provide a separate Letter of Intent on company letterhead signed by an officer, owner or authorized manager of the company to certify your organization's permissible purpose for obtaining Consumer Credit Reports. The Letter of Intent must include, at a minimum, the following information in your own words:
    • Nature of the business
    • Intended use for consumer credit reports (e.g. employment purposes)
    • Anticipated monthly volume (number) of consumer credit reports
    • Anticipated access (local, regional or national) of consumer credit reports. “Local” is defined as a single office; “regional” as several offices in different states with close proximity; “national” as multiple offices across the United States.
Please send Letter of Intent to:
Sherie Reynolds
Vendor Relations Manager
21650 Oxnard Street, Suite 300
Woodland Hills, CA 91367-4901
DID: 818-227-2580, FAX: 818-227-6280
Report cannot be released until Letter of Intent is received.
  1. Site Inspection. You agree to a site inspection to be performed at your principal place of business to ensure the business facility is commensurate with the purported type of business provided on the SI Client Information Form and Letter of Intent.
  1. Business Banking Reference. You agree to provide the following banking reference contact information as a source that can support your organization's purported type of business specified on the SI Client Information Form and Letter of Intent:
ACCOUNT NUMBERS NOT REQUESTED
  1. Business References. You agree to provide the following information for at least two companies as additional sources that can support your organization's purported type of business specified on the SI Client Information Form and Letter of Intent:
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  1. BY CLICKING THE “Finish” BUTTON BELOW, YOU ARE CONFIRMING THAT YOU HAVE READ THE AGREEMENT SET FORTH ABOVE, THAT YOU ARE ABLE TO PRINT AND/OR DOWNLOAD A COPY OF THIS AGREEMENT FOR YOUR FILES, AND THAT YOU AGREE TO ITS TERMS.

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