Date Last Revised: January 7, 2016
This Appendix I is for purposes of Relying Party receiving from Evident “consumer reports” (“Reports”) as that term is defined in the Fair Credit Reporting Act, 15 U.S.C. § 1681 et. seq. (“FCRA”).
Pursuant to the FCRA, Evident is a “consumer reporting agency” in the business of providing such Reports to third parties when that third party has a permissible purpose. Accordingly, the FCRA places certain legal obligations and responsibilities on both Evident and Relying Party for the provision and use of such Reports when used for a permissible purpose under the FCRA.
1. RELYING PARTY CERTIFICATIONS AND OBLIGATIONS.
Relying Party certifies that the Reports from the Subscription Services will be used only for one of the following permissible purposes, as indicated below, and that it will not use the information contained in the Reports for any other purpose:
(a) For employment purposes, including evaluating a consumer for employment, promotion, reassignment or retention as an employee (FCRA § 604(a)(3)(B)).
(b) In connection with the underwriting of insurance involving the consumer. (FCRA § 604(a)(3)(C)).
(c) In accordance with the written instructions of the consumer to whom it relates. (FCRA § 604(a)(2)).
(d) For a legitimate business need for the information, in connection with a business transaction that is initiated by the consumer, such as for the purpose of tenant screening. (FCRA § 604(a)(3)(F)(i)).
Relying Party shall hold the Reports in strict confidence.
Relying Party certifies that they shall use Reports (a) solely for the certified use(s); and (b) solely for their exclusive use.
Relying Party shall comply with all applicable state and federal laws regarding the use of the Subscription Services.
Relying Party will not use information contained in the Subscription Services to discriminate unlawfully against consumer or otherwise misuse the information, as provided by any applicable federal or state equal opportunity laws or regulations.
The Reports shall be requested by, and disclosed by Relying Party only to Relying Party’s designated and authorized employees having a need to know and only to the extent necessary to enable Relying Party to use the Reports in accordance with this Appendix and the Subscription Terms and Conditions. Relying Party shall ensure that such designated and authorized employees shall not attempt to obtain any Reports on themselves, associates, or any other person except in the exercise of their official duties.
If Reports are obtained for employment purposes, Relying Party shall make a clear and conspicuous disclosure in writing to the consumer that a report from the Subscription Services has been obtained for employment purposes and obtain from the consumer written electronic authorization to procure such a Report. Relying Party shall maintain the signed authorization form for a period of six (6) years.
Relying Party shall follow prescribed adverse action procedures as spelled out in the FCRA. This includes the requirement to provide a consumer with a copy of the Report and A Summary of Your Rights under the Fair Credit Reporting Act before taking any adverse action against the consumer, based in whole or in part, on a Report provided by Service Provider. Additionally, Relying Party has additional obligations under the FCRA if any adverse action is in fact taken against the consumer.
Relying Party hereby certifies that, under the Investigative Consumer Reporting Agencies Act (“ICRA”), California Civil Code Sections 1786 et seq., and the Consumer Credit Reporting Agencies Act (“CCRAA”), California Civil Code Sections 1785.1 et seq., if the Relying Party is located in the State of California, and/or the Relying Party’s request for and/or use of Reports pertains to a California resident or worker, Relying Party will do the following:
(i) When, at any time, Reports are sought for employment purposes other than suspicion of wrongdoing or misconduct by the consumer who is the subject of the investigation, abide by the requirements of ICRA Section 1786.16(a) – (b).”
Relying Party acknowledges receipt of the Notice to Users of Consumer Subscription Services: Obligations of Users under the Fair Credit Reporting Act (available at https://privacy.evidentid.com/pdf-fcra-notice-to-users-of-consumer-reports.pdf).
Relying Party acknowledges receipt of A Summary of Your Rights under the Fair Credit Reporting Act, a copy of which must be provided to each subject of a Report (available at https://privacy.evidentid.com/pdf-0096-fair-credit-reporting-act.pdf).
3. DISPOSAL OF INFORMATION CONTAINED WITHIN THE REPORTS.
Relying Party shall properly dispose of the information arising from the Reports in its possession in a manner which will protect against unauthorized access or use thereof or any actions that would otherwise jeopardize the confidentiality of consumers’ personal information contained in the Reports. This means having policies and procedures in place that require the burning, pulverizing, or shredding of papers containing personal information so that the information cannot practically be read or reconstructed. If such information is in electronic format, this includes having policies and procedures in place to destroy or erase such personal information so it cannot practically be read or reconstructed.
4. CRIMINAL PENALTIES.
Relying Party understands that 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 619 of the FCRA.
RELYING PARTY ACKNOWLEDGES AND AGREES THAT ANY DECISION CRITERIA EMBODIED IN THE SUBSCRIPTION SERVICES DISTRIBUTED BY EVIDENT HAVE BEEN ESTABLISHED BY AND APPROVED BY RELYING PARTY AND THAT EVIDENT BEARS NO RESPONSIBILITY FOR ESTABLISHING SUCH DECISION CRITERIA. RELYING PARTY FURTHER ACKNOWLEDGES AND AGREES THAT RELYING PARTY IS SOLELY RESPONSIBLE FOR DEVELOPING SUCH DECISION CRITERIA AND FOR MAKING ANY DECISIONS BASED ON SUCH CRITERIA. EVIDENT IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR, DEVELOPING SUCH DECISION CRITERIA OR MAKING ANY DECISIONS BASED ON SUCH CRITERIA.