END USER CERTIFICATION
{{ customerName }} (“Customer”), hereby certifies and agrees to the following certifications now, and also agrees that each order of a consumer report or investigative consumer report (collectively “Screening Report”) by Customer from Clear Screening Technologies LLC (“ClearChecks”) will constitute Customer’s renewed agreement to, re-certification to, and re-affirmation of, each of the following certifications. Customer avers, represents, and certifies that each individual user it has authorized to place orders of Screening Reports on its behalf with ClearChecks has the authority to act for Customer and to re-certify to the following statements by placing such orders:
(a) Customer ordered the Screening Report for employment purposes and will not use the report for any impermissible purposes. To the extent applicable, Customer will only use the Screening Report for purposes the Driver Protection Privacy Act, 18 U.S.C. § 2721 et seq (“DPPA”).
(b) Customer has complied with 15 U.S.C. § 1681b(b)(2) with respect to the Screening Report.
(c) Customer has provided to the Consumer any additional disclosures, offered any additional information, and obtained any additional authorizations, that may be required by state or local law regarding the procurement or use of a Screening Report or governing any investigation containing the types of information provided by ClearChecks to Customer, including but not limited to criminal history information or credit history information (sometimes referred to as “ban the box” or “fair chance” laws). Customer will also comply with the DPPA and any state or local laws covering the same subject matter.
(d) Customer will comply with 15 U.S.C. § 1681b(b)(3) with respect to the Screening Report if 15 U.S.C. § 1681b(b)(3) becomes applicable, and, to the extent required by applicable law or regulation, Customer will inform Consumer of the reason for the adverse action.
(e) Customer has received and reviewed the “Summary of Your Rights Under the Fair Credit Reporting Act” and “Notice to Users of Consumer Reports: Obligations of Users Under the FCRA,” provided by ClearChecks.
(f) Customer will not use information from the Screening Report in violation of any applicable Federal or State equal employment opportunity law or regulation.
In addition to the foregoing, if the Screening Report is an investigative consumer report, as that term is defined by 15 U.S.C. § 1681a(e), Customer also hereby certifies that:
(a) Customer has complied with 15 U.S.C. § 1681d(a)(1).
(b) Customer will comply with 15 U.S.C. § 1681d(b).
(c) Customer has provided to the Consumer any additional disclosures, offered any additional information, and obtained any additional authorizations, that may be required by state or local law regarding the procurement or use of an investigative consumer report as defined by those state or local laws.
In addition to the foregoing, if the Screening Report is ordered for employment in California or for a Consumer with a current residential address in California, Customer also hereby certifies that:
(a) Customer ordered the Screening Report for employment purposes and no other purposes.
(b) Customer has made the applicable disclosures to the Consumer required by California Civil Code Section 1786.16 and has obtained the authorization in writing of the Consumer for the procurement of the Screening Report required by California Civil Code 1786.16.
(c) Customer has provided the Consumer means by which the Consumer may indicate on a written form, by means of a box to check, that the Consumer wishes to receive a copy of any Screening Report that is prepared. If the Consumer wishes to receive a copy of the Screening Report, Customer will send a copy of the Screening Report to the Consumer within three business days of the date that the Screening Report is provided to Customer. The copy of the Screening Report will contain the name, address, and telephone number of ClearChecks and how to contact ClearChecks.
(d) Customer will comply with California Civil Code Section 1786.40, if the taking of adverse action is a consideration.
