Client (“End-user”) has a need for consumer information in connection with evaluating individuals for either hiring, promotion, reassignment, or retention as an employee ("Employment Purposes") and intends to request and use consumer reports and/or investigative consumer reports (collectively “Report” or “Reports”) obtained from Scherzer International Corporation (“SI”). End-user certifies to SI that it will only use the Reports for Employment Purposes and in accordance with the following terms and conditions (the “Certification Agreement”):
- Compliance. End-user shall comply with all applicable laws, regulations, and ordinances -- whether federal, state, or local -- 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 (the “CCRAA”) (California Civil Code § 1785 et seq.); the California Investigative Consumer Reporting Agencies Act (the “ICRAA”) (California Civil Code § 1786 et seq.); the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.); the Driver Privacy Protection 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.
- Requesting Reports. End-user shall request Reports according to the procedures prescribed by SI, which may be revised from time to time, and only for Employment Purposes and no other purpose. End-user will immediately alert SI if it intends to use a report for any purpose other than an Employment Purpose. End-user shall comply with all federal, state, and local laws, regulations, or ordinances that may restrict or ban the use of consumer reports for Employment Purposes.
Disclosure and authorization. End-user certifies that before requesting a Report:
End-user certifies that each time it orders a Report, it is reaffirming the above certification.
- a) a clear and conspicuous disclosure, in a document consisting solely of the disclosure, has been made to the consumer (i.e., the individual who is being evaluated for employment, promotion, reassignment or retention as an employee) in writing that the Report may be obtained and used for Employment Purposes; and
- b) the consumer has authorized in writing the procurement of the Report.
Adverse action process. Before taking adverse action in whole or in part based on a 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 state and local laws, regulations and orders; and
- b) after waiting the appropriate period of time, a subsequent “adverse action” notice after adverse action is taken according to FCRA § 615(a).
Investigative consumer reports. In addition to the disclosure requirements identified above, if the consumer makes a written request within a reasonable amount of time, End-user will provide: (1) information about whether an investigative consumer report has been requested; (2) if an investigative consumer report has been requested, written disclosure of the nature and scope of the investigation requested; and (3) SI’s contact information, including complete address and toll- free telephone number. This information will be provided to the consumer no later than five (5) days after the request for such disclosure was received from the consumer, or such a report was first requested, whichever is the latter.
California compliance. End-user further certifies that if it is located in the State of California, or intends to request or use a Report for evaluating a California resident or worker, End-user will comply with the ICRAA and the CCRAA in all respects, including doing the following:
- a) Request and use the Report solely for the permissible purposes identified under California Civil Code Sections 1785.11 and 1786.12.
- b) When, at any time, a Report is requested for Employment Purposes -- other than suspicion of wrongdoing or misconduct by the consumer who is the subject of the Report -- provide a clear and conspicuous disclosure in writing to the consumer that solely discloses: (1) that an investigative consumer report may be obtained; (2) the permissible purpose of the Report; (3) that information in the Report may reflect on the consumer’s character, general reputation, personal characteristics and mode of living; (4) the name, address, telephone number, and website of SI; and (5) the nature and scope of the Report requested, along with a summary of the provisions of California Civil Code Section 1786.22.
- c) When, at any time, a Report is requested for Employment Purposes -- other than suspicion of wrongdoing or misconduct by the consumer who is the subject of the Report -- only request a Report if the applicable consumer has authorized in writing the procurement of the Report.
- d) Provide the consumer with a written form, either electronically or hard copy, that includes a box to check for the purposes of indicating that the consumer wishes to receive a copy of any Report that is prepared.
- e) If the consumer wants to receive a copy of the Report, End-user shall send (or contract with another entity to send) a copy of the Report to the consumer within three (3) business days of the date that the Report is provided to End-user. The copy provided to the consumer shall contain the name, address, and telephone number of SI and how to contact it.
- f) Under all applicable circumstances, comply with California Civil Code Sections 1785.20 and 1786.40 if the taking of adverse action is a consideration, which shall include, but may not be limited to, advising the consumer against whom an adverse action has been taken that the adverse action was based in whole or in part upon information contained in the Report, informing the consumer in writing of SI’s name, address, and telephone number, and provide the consumer a written notice that states a consumer’s rights under the ICRAA and the CCRAA.
- g) Comply with all other requirements under applicable California law, including, but not limited to any statutes, regulations, and rules governing the procurement, use, or disclosure of any Reports, including, but not limited to, the ICRAA and CCRAA.