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SCHERZER INTERNATIONAL CORPORATION

CLIENT'S CERTIFICATION OF PERMISSIBLE EMPLOYMENT PURPOSES

UNDER THE FAIR CREDIT REPORTING ACT FOR PROCURING CONSUMER REPORTS AND/OR INVESTIGATIVE CONSUMER REPORTS

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”):
  1. 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.
  2. 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.
  3. Disclosure and authorization. End-user certifies that before requesting a Report:
    • 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.
    End-user certifies that each time it orders a Report, it is reaffirming the above certification.
  4. 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).
  5. 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.
  6. 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.
  1. Motor vehicle records and driving records. End-user further certifies that motor vehicle records or driving records (collectively “MVR”) shall only be ordered in compliance with the Driver Privacy Protection Act (“DPPA” at 18 U.S.C. § 2721 et seq.) and any related state laws. End-user further certifies that no MVR shall be ordered without first obtaining a signed authorization form from the consumer indicating the consumer’s consent to obtain the consumer’s driving records and transmitting to SI in the signed authorization form. End-user also certifies that it will use this information only in the ordinary course of business to obtain lawful information relating to the holder of a driver’s license or to verify information provided by an applicant or employee. End-user shall not transmit any data contained in the resulting MVR via the public internet, electronic mail, or any other unsecured means.
  2. Use of report. End-user shall procure any Report only for its one-time use. End-user shall hold all Reports in strict confidence, and not disclose Reports to any third parties not involved in the employment decision. End-user shall not use the information from any Report in violation of applicable federal, state, or local equal employment opportunity laws or regulations.
  3. Not legal advice. End-user acknowledges that SI does not guarantee End-user’s compliance with any applicable laws or regulations in End-user’s use of any Reports. End-user agrees that End-user’s communication with SI does not constitute 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.
  4. 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 downloading here and the “FCRA Summary of Rights” published by the CFPB by downloading here, or by receiving paper or electronic copies from SI.
  5. 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.
  6. Privacy and security. End-user shall have reasonable procedures to protect and secure the Reports from unauthorized persons.
  7. 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. End-User certifies that it will retain information it receives from SI in accordance with applicable law and will make such information available to SI upon request.
  8. Additional credentialing requirement for certain reports. If any requested Reports are likely to 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, agree 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.
  9. Order of precedence. If a court of competent jurisdiction or an 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.
  10. Term and termination. This Certification Agreement shall begin on the date signed and continue for 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 Certification Agreement at least ten (10) days before 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 before such termination.

    Revised: 11-04-19

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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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