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Screening Policy

Last Updated: April 10, 2021
Effective: April 10, 2021
This Screening Policy (“Policy”) governs all background screening services (“Screening Services”) provided by EvanceBackcheck Inc. (“we”, “us”, “our”, “Evance”), and is incorporated as Additional Service Terms into the EvanceBackcheck Terms of Use. You (“you”, “your”) must agree to the terms outlined in this Policy before you can use the Screening Services
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT USE EVANCEBACKCHECK SCREENING SERVICES.
1. GENERAL TERMS
1.1 OUR SERVICES
EvanceBackcheck is a “consumer reporting agency” (“CRA”) as that term is defined in the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (the “FCRA”) and applicable state law, and any report provided to you by EvanceBackcheck for a permissible purpose under the FCRA is a “consumer report” and/or “investigative consumer report” as defined under that law (“Screening Report”). References to a consumer report or Screening Report refer to the entire Screening Report, as well as any specific information contained in such Screening Report. The FCRA imposes criminal penalties against anyone who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses, including a fine, up to two years in prison, or both, pursuant to Section 1681q of the FCRA.
1.2 INFORMATION SECURITY REQUIREMENTS
Unless you are an individual obtaining your own personal Screening Report, you must abide by the following information security requirements concerning the Screening Reports you obtain from EvanceBackcheck:
A. Implement appropriate physical, logical, and procedural security controls to ensure that only authorized individuals with a legitimate business need can access any Screening Reports you obtain.
B. Only access Screening Reports from authorized devices secured with a password or passcode. Public or shared computers may not be used to access Screening Reports.
C. Ensure that physical copies of Screening Reports are securely shredded or otherwise destroyed once they are no longer needed and applicable data retention requirements permit destruction, such that the document cannot be practically read or reconstructed.
D. Ensure that digital copies of Screening Reports are securely deleted once they are no longer needed, and applicable data retention requirements permit destruction, and that electronic devices used to store digital copies of Screening Reports are securely erased, overwritten, or scrambled such that the deleted files cannot be practically read or recovered.
1.3 ADDITIONAL DISCLOSURES
If you reside in, or are seeking work in any of the following states, please review these additional notices:
California: You have the right to view your file that a Consumer Reporting Agency holds. By providing proper identification and duplication cost, you may obtain a copy of this information in person at the Consumer Reporting Agency’s regular business hours and after providing reasonable notice for your request. Additionally, you can make the same request via mail or over-request a summary of the file over the phone. The Consumer Reporting Agency can assist you in understanding your file, including coded information. You are allowed to have one additional person accompany you so long as they provide proper identification.
Maine: You have the right to ask and know whether a company ordered a background check on you. You can request the name, address, and telephone number of the nearest Consumer Reporting Agency office. Your request will be processed and sent to you in 5 business days.
Massachusetts: You have the right to obtain a copy of any of your consumer reports that your company has ordered on you by contacting the Consumer Reporting Agency for a free copy.
New York: After submitting a written request and waiting a reasonable amount of time after receiving the disclosure, you have the right to receive a complete and accurate disclosure of the nature and scope of any “investigative” consumer reports requested by an agency. The Washington Fair Credit Reporting Act requires Consumer Reporting Agencies to provide you with a summary of your rights and remedies upon request. Any information requested by a company that deals with creditworthiness, credit standing, or capacity is justified in order for employers to evaluate whether you present a risk for theft or dishonest behavior for the job you are being considered for
1.4 INTERNATIONAL SCREENING
Your use of the Services to request a consumer report on any individual other than yourself, where such individual resides outside the United States, will only occur after you have done the following:
● Provided notice to the individual subject to the requested consumer report, of the categories of data that will be collected and included in a report, the purposes for which such data and report will be used, any third parties who may receive access to the data included in the report, how long you will retain data included in the report, and the fact that such and report will be transferred to a country which may not have the same protections around personal data that your country of residence does (i.e. the United States of America);
● Obtained the written authorization of an individual who is the subject of a consumer report which includes an authorization to transfer personal data to the United States of America.
You agree that your use of any personal data contained in a consumer report provided via the Services will be subject to applicable data protection laws and you agree to defend, indemnify, and hold harmless us for any third party’s claim that your use of the Service, or the data obtained via the Service violates any applicable data protection law.
2. EMPLOYMENT SCREENING POLICY
2.1 APPLICABILITY AND PERMISSIBLE PURPOSE
Section 2 of this Policy applies to any Screening Reports that you obtain for employment purposes, as that term is defined in the FCRA. You certify that:
● You are obtaining Screening Reports for the legally permissible purpose of evaluating a consumer for employment, promotion, reassignment, or retention as an employee; and
● You will not use Screening Reports obtained for employment purposes for any other purpose, regardless of whether or not that purpose is permitted under the FCRA.
2.2 USAGE RESTRICTIONS AND REQUIREMENTS
You acknowledge that when you obtain Screening Reports from EvanceBackcheck, you are a “user” of consumer reports under the FCRA and applicable state law (“End User”), and you agree that you are fully responsible for identifying and complying with all End User responsibilities under the law. You shall use the Screening Reports solely as an End User and may not resell, modify, circulate, or otherwise distribute Screening Reports to third parties. You acknowledge receiving a copy of the document “Notice to Users of Consumer Reports: Obligations of Users Under the Fair Credit Reporting Act” from EvanceBackcheck, as well as a copy of the document A Summary of Your Rights Under The FCRA.
When obtaining a Screening Report for employment purposes, you agree to the following requirements:
A. You must base all of your evaluation and eligibility decisions and related actions on your own policies and procedures and not rely on EvanceBackcheck for (nor shall EvanceBackcheck render) legal advice regarding your employment decisions. You acknowledge that any consultation, training, and sample forms that may be provided by EvanceBackcheck are provided for informational purposes only and that EvanceBackcheck is not providing legal advice. You further acknowledge that EvanceBackcheck advises representatives of business entities to consult experienced counsel to ensure compliant procurement and use of Screening Reports in connection with their particular screening program. B. You must ensure that prior to obtaining a Screening Report for employment purposes: (i) you have made a clear and conspicuous disclosure in writing to the consumer, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes (and for California Applicants, that the disclosure includes the name, address and telephone number of EvanceBackcheck, the nature and scope of the investigation requested, a summary of the provisions of Ca. Civil Code §1786.22, and otherwise complies with Ca. Civil Code §1786.16); and (ii) the consumer has authorized in writing your procurement of the Screening Report (and for California consumers, you have provided the consumer, by means of a check box, an option by which the consumer may indicate on their written consent form that the consumer wishes to receive a copy of any Screening Report that is prepared). C. You must ensure that, no later than three days after the date on which you order a Screening Report containing one or more Professional Reference Checks (“Investigative Consumer Report” as defined in the FCRA), you disclose to the candidate in writing that an investigative consumer report may be made about them in accordance with the FCRA, specifically §606(a)(1). Additionally, upon the consumer’s request and in accordance with the FCRA §606(a)(1)(B), you must disclose the nature and scope of the investigation and provide a description in writing of the rights of the consumer under the FCRA, as prescribed by the Consumer Financial Protection Bureau under FCRA §609(c)(3) (the “Summary of Consumer Rights”). D. In using a Screening Report for employment purposes, before taking any adverse action based in whole or in part on the Screening Report, you shall provide to the consumer to whom the Screening Report relates: (i) a copy of the Screening Report; and (ii) a description in writing of the rights of the consumer under the FCRA, as prescribed by the Consumer Financial Protection Bureau under FCRA §609(c)(3) (the “Summary of Consumer Rights”), and any other notices required by applicable law. E. After providing the consumer with the pre-adverse action disclosure described in the above paragraph, and after you have given the consumer reasonable time to dispute the information contained in their Screening Report, you will, if intending to take adverse action, send the consumer a follow-up notification that you are taking adverse action (e.g., denying employment or promotion) based in whole or in part on the information contained in the Screening Report.
F. You agree that as a regulated consumer reporting agency, EvanceBackcheck may conduct reasonable periodic audits of your compliance with these Terms. You must keep and maintain for a minimum period of five (5) years all consumer consent forms and pre-adverse and adverse action notices, and you shall, upon reasonable advance notice, during normal business hours, make available to EvanceBackcheck such records and other related documentation reasonably requested by EvanceBackcheck to ensure compliance.
G. You agree that you will not use consumer information in violation of any state or federal law, including equal employment opportunity laws.
H. If applicable, you will ensure that Monthly Ongoing Alerts are disabled for an individual consumer’s Screening Report immediately upon the termination of your employment, contracting, or volunteer relationship with that consumer. Under no circumstances may you order Screening Reports, including Monthly Ongoing Alerts, on individuals who do not have an active employment, contracting, or volunteer relationship with your organization.
I. If your company or the consumer to be screened is located in a jurisdiction that regulates drug testing, you certify that your company satisfies the legal requirements to administer drug tests.
J. You agree that you will provide accurate and complete contact information for each consumer you screen, including email address and full mailing address. If the consumer you are screening does not have an email address or you do not wish to provide the consumer’s email address, you must use and submit the following email address for that consumer: “no-candidate-email@evance.com”.
2.3 VERMONT FAIR CREDIT REPORTING CONTRACT CERTIFICATION
Customer acknowledges that it subscribes to receive various information services from EvanceBackcheck in accordance with the Vermont Fair Credit Reporting Statute, 9 V.S.A. § 2480e (1999), as amended (the “VFCRA”) and the Federal Fair Credit Reporting Act, 15, U.S.C. 1681 et. Seq., as amended (the “FCRA”) and its other state law counterparts. In connection with Customer’s continued use of EvanceBackcheck’s services in relation to Vermont consumers, Customer hereby certifies that it will comply with applicable provisions under Vermont law. In particular, Customer certifies that it will order employment screening Information relating to Vermont residents only after it has received prior consumer consent in accordance with VFCRA § 2480e and applicable Vermont Rules. Customer further certifies that a copy of § 2480e of the Vermont Fair Credit Reporting Statute was received from EvanceBackcheck.
3. NON-EMPLOYMENT SCREENING POLICY
3.1 APPLICABILITY AND PERMISSIBLE PURPOSE
Section 3 of this Policy applies to any Screening Reports that you obtain for non-employment purposes. You certify that:
● You are obtaining Screening Reports for the legally permissible purpose of (i) a legitimate business need in connection with a business transaction initiated by the consumer to whom the report relates, as provided for in 15 U.S.C. § 1681b(a)(3)(F)(i), or (ii) in accordance with the written instructions of the consumer to whom the report relates, as provided for in 15 U.S.C. § 1681b(a)(2) (“non-employment purposes”);
● You will only use Screening Reports for the particular permissible purpose that you certify, regardless of whether or not any other use is permitted under the FCRA.
● Prior to obtaining a Screening Report for non-employment purposes, you have received from the consumer clear and specific written instructions to conduct a background investigation of their criminal history and/or other public records, and such written instructions clearly authorize your procurement of a Screening Report; and
● You will retain the consumer’s written authorization in a perceivable form for a period of five (5) years, and will present such documented authorization to EvanceBackcheck upon request.
3.2 USAGE RESTRICTIONS AND REQUIREMENTS
You acknowledge that when you obtain Screening Reports from EvanceBackcheck, you are a “user” of consumer reports under the FCRA and applicable state law (“End User”), and you agree that you are fully responsible for identifying and complying with all End User responsibilities under the law. You shall use the Screening Reports solely as an End User and may not resell, modify, circulate, or otherwise distribute Screening Reports to third parties. You acknowledge receiving a copy of the document “Notice to Users of Consumer Reports: Obligations of Users Under the Fair Credit Reporting Act” from EvanceBackcheck, as well as a copy of the document A Summary of Your Rights Under The FCRA.
When obtaining a Screening Report for non-employment purposes, you agree to the following requirements:
A. You must base all of your evaluation and eligibility decisions and related actions on your own policies and procedures and not rely on EvanceBackcheck for (nor shall EvanceBackcheck render) legal advice regarding your eligibility decisions. You acknowledge that any consultation, training, and sample forms that may be provided by EvanceBackcheck are provided for informational purposes only and that EvanceBackcheck is not providing legal advice. You further acknowledge that EvanceBackcheck advises representatives of business entities to consult experienced counsel to ensure compliant procurement and use of Screening Reports in connection with their particular screening program.
B. You will comply with the prescribed adverse action procedures described in Section 1681m of the FCRA, as applicable. This includes, but is not limited to, the requirement that if you take any adverse action with respect to a consumer that is based in whole or in part on any information contained in a Screening Report, you will (i) provide the consumer with a notice of the adverse action that includes the name, address, and telephone number of EvanceBackcheck, a statement that EvanceBackcheck did not make the decision to take adverse action and is unable to provide information with specific reasons as to why the adverse action was taken, and informs the consumer that they have a right to obtain a free copy of their Screening Report to dispute the accuracy or completeness of the information; and (ii) provide consumers with a copy of any Screening Report used with respect to any adverse action you take against that consumer.
4. INDIVIDUAL SCREENING POLICY
Section 4 of this Policy only applies to individuals who (i) are obtaining their own Screening Report from EvanceBackcheck and (ii) are not already entitled to a free copy of their Screening Report from EvanceBackcheck.
4.1 FCRA WRITTEN INSTRUCTIONS
You acknowledge that you are providing us with “written instructions” authorizing us to obtain your consumer report pursuant to the Fair Credit Reporting Act (“FCRA”). You further acknowledge that if you utilize our report-sharing feature to provide your consumer report with a third party, you are providing additional “written instructions” to us to furnish your report to that party.
4.2 YOUR RIGHTS UNDER THE FCRA
You acknowledge receipt of the document titled A Summary of Your Rights Under The FCRA. You further acknowledge that you have the right to dispute the contents of the consumer report we compile for you and can do so by submitting a Consumer Dispute Form to disputes@evance.com.