This agreement is between AAA Credit Screening Services, L.L.C. and the Client whose signature appears below.
• Client agrees to use each Consumer Report for only a one-time use and shall hold the report in strict confidence, and not disclose it to any third parties; provided, however, that End User may, but is not required to, disclose the report to the subject of the report only in connection with an adverse action based upon the report. Moreover, unless otherwise explicitly authorized in an agreement between Reseller and its End User for scores obtained from TransUnion, or as explicitly otherwise authorized in advance and in writing by TransUnion through Reseller, End User shall not disclose to consumers or any third party, any and all such scores provided under such agreement, unless clearly required by law. Client agrees to inform the consumer when denying credit based on a credit bureau report. The Client agrees not to provide a copy of the credit report to the subject of the report; (except to the extent that disclosure to others is required by law) instead Client shall refer the subject to the office or bureau identified on the consumer credit report.
• Client will request Scores only for End User’s exclusive use. End User may store Scores solely for End User’s own use in furtherance of End User’s original purpose for obtaining the Scores. End User shall not use the Scores for model development of model calibration and shall not reverse engineer the Score. All Scores provided hereunder will be held in strict confidence and may never be sold, licensed, copied, reused, disclosed, reproduced, revealed or made accessible, in whole or part, to any Person, except (I) to those employees of End User with a need to know and in the course of their employment; (ii) to those third party processing agents and other contractors of End User who have executed an agreement that limits the use of the Scores by the third party only to the use permitted to End User and contains the prohibitions set forth herein regarding model development, model calibration, reverse engineering and confidentiality; (iii) when accompanied by the corresponding reason codes, to the consumer who is the subject of the Score; (iv) to government regulatory agencies; or (v) as required by law.
• Client understands that the information on the credit reports and other reports provided under this agreement is not guaranteed to be accurate but is reported as supplied by third party sources.
• Client agrees to release and indemnify AAA Credit Screening Services, L.L.C., as well as their officers and employees from all liability arising from the Client’s unauthorized access, improper use, or reliance on consumer credit information provided by AAA Credit Screening Services, L.L.C. pursuant to this agreement. Client further agrees to release and indemnify CSC, Equifax, their parent, sister, and affiliate entities, as well as their officers, employees, contractors, and agents from all liability arising from the Client’s unauthorized access, improper use, or reliance on consumer credit information provided by AAA Credit Screening Services, L.L.C. pursuant to this agreement.
• Client agrees that there are no written or oral understandings that are not fully expressed in this agreement.
• Client agrees to make no credit-granting, insurance, or employment decisions based on a SAFESCAN message alone, since the information supplied from the SAFESCAN system may or may not apply to the consumer who has made the application and SAFESCAN messages are merely an indication that the Client should thoroughly verify application information before making a decision.
• Client acknowledges that Client is required to comply with the Equal Credit Opportunity Act, 15 U.S.C. 1691 et seq., and Regulation B, 12 C.F.R. pt. 202 , which regulate a credit grantor’s use of information such as Risk Scores.
• Client certifies that any credit reports ordered are with the subject(s)’ prior written permission. Client agrees to keep the authorization on file for a minimum of 5 years.
• Client understands 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, United States Code, imprisoned for not more than 2 years, or both.
• Client agrees to verify the identity of their applicants by checking driver’s license or other picture ID.
• With just cause, such as violation of the terms of the End User’s contract or a legal requirement, or a material change in existing legal requirements that
adversely affects the End User’s agreement, Reseller may, upon its election, discontinue serving the End User and cancel the agreement immediately.
• Client shall request Consumer Report for Employment Purposes pursuant to procedures prescribed by Reseller from time to time only when it is considering the individual inquired upon for employment, promotion, reassignment or retention as an employee, and for no other purpose. End User shall comply with any federal and state laws which may restrict or ban the use of Consumer Report for Employment Purposes.
• End User Certifies that it will not request a Consumer Report for Employment Purposes unless:
- A clear and conspicuous disclosure is first made in writing to the consumer by End User before the report is obtained, in a document that consists solely of the disclosure that a consumer report may be obtained for Employment Purposes.
- The consumer has authorized in writing the procurement of the report,
- Information from the Consumer Report for Employment Purposes will not be used in violation of any applicable federal or state equal employment opportunity law or regulation.
• End User further certifies that before taking adverse action in whole or in part based on the Consumer Report for Employment Purposes, it will provide consumer with:
- a copy of the Consumer Report for Employment Purposes, and
- a copy of the consumer’s rights, in the format approved by the Federal Trade Commission
• Client shall use Consumer Report for Employment Purposes only for a one-time use, and shall hold the report in strict confidence, and not disclose it to any third parties that are not involved in the employment decision
• Client certifies that End User shall use the consumer reports: (a) solely for the Subscriber’s certified use(s); and (b) solely for End User’s exclusive one-time use. End User shall not request, obtain or use consumer reports for any other purpose including, but not limited to, for the purpose of selling, leasing, renting or otherwise providing information obtained under this Agreement to any other party, whether alone, in conjunction with End User’s own data, or otherwise in any service which is derived from the consumer reports. The consumer reports shall be requested by, and disclosed by End User only to End User’s designated and authorized employees having a need to know and only to the extent necessary to enable End User to use the Consumer Reports in accordance with this Agreement. End User shall ensure that such designated and authorized employees shall not attempt to obtain any Consumer Reports on themselves, associates, or any other person except in the exercise of their official duties.
By submitting an information request to HRBackground.com, I certify, under penalty of perjury, that I have read, understood and agree to the above legally binding agreement and that all information provided by me in this request is true and accurate to the best of my knowledge and ability.