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5. Permissible Purpose. Client understands that it must have a permissible purpose under the FCRA for ordering information.
<br /> Client understands and agrees to comply with adverse action procedures required by the FCRA,understands the confidential nature of
<br /> the information being requested and will keep the information confidential when obtaining,retaining,using,and destroying it.
<br /> Client certifies that: (1) Client has a permissible purpose for obtaining consumer reports in accordance with the FCRA; (2) the
<br /> permissible purpose of the consumer report shall be only for the bulleted reason below; (3)the consumer report will not be requested,
<br /> obtained or be used for any other purpose including,but not limited to,for the purpose of selling,leasing,renting or otherwise providing
<br /> information obtained under this Agreement to any other party,whether alone,in conjunction with Client's own data,or otherwise in any
<br /> service that is derived from the consumer reports; and (4)the Client will notify DataQuest of any change in the specific purpose for
<br /> which the information will be used.
<br /> Client agrees to use the consumer report only for the following purpose:
<br /> • For employment purposes,including evaluating a consumer for
<br /> employment,promotion,reassignment or retention as an employee.
<br /> Client understands that the FCRA provides that anyone "who knowingly and willfully obtains information on a consumer from a
<br /> consumer reporting agency under false pretenses shall be fined under title 18,United States Code,imprisoned for not more than two(2)
<br /> years,or both."
<br /> 6. One-Time Use;Disclosure. Client shall use the consumer report for employment purposes only for a one-time use,shall hold
<br /> the report in strict confidence,and shall not disclose it to any third parties that are not involved in the employment decision. However,
<br /> nothing in this Agreement shall prevent disclosure to the consumer and/or his/her authorized representative(s) and/or third parties
<br /> involved in the handling or resolution of any claim or dispute brought by the consumer or in any court or by any government agency.
<br /> DataQuest likewise shall hold the report in strict confidence,and not disclose it to any parties other than authorized recipients employed
<br /> by Client or to third parties involved in the handling or resolution of any claim or dispute brought by the consumer or by Client or in
<br /> any court or by any government agency. Notwithstanding the above,if Client is in the business of placing individuals to work at other
<br /> employers,to the extent permitted by applicable Laws and Regulations,Client may share a report with the third party employer to which
<br /> Client intends to place the consumer.
<br /> 7. Sources of Information. In performing searches,DataQuest may use many different sources for information that it reasonably
<br /> believes are reliable,including, but not limited to, superior, district and municipal courts, national credit bureaus, federal courts and
<br /> government agencies. Client acknowledges that DataQuest collects information from various third-party reporting agencies and does
<br /> not develop or independently investigate the accuracy of information obtained from such third party sources. Client acknowledges that
<br /> DataQuest is not an insurer of the accuracy of such information and is not responsible for any omissions or inaccuracies contained in
<br /> such information,absent DataQuest failing to conform with its responsibilities pursuant to Section 607(b)of the FCRA.
<br /> 8. Confirmation of Applicant. Client understands that DataQuest's responsibility is to report information as accurately as
<br /> provided by the agencies or other sources from which the information is obtained. Client must review and evaluate the information
<br /> provided. DataQuest does not make employment decisions for Client.
<br /> 9. Adverse Action. Client understands that Client has legal requirements and responsibilities when taking adverse action against
<br /> a consumer based in whole or in part on a consumer report. Because DataQuest does not make employment decisions for Client,it is
<br /> Client's sole responsibility to initiate adverse actions. Client understands and agrees to comply with adverse action procedures required
<br /> by the FCRA and applicable state counterparts, including, without limitation: (a) providing a preliminary adverse action notice to
<br /> consumers,a copy of the consumer report and a copy of"A Summary of Your Rights Under the Fair Credit Reporting Act;"(b)allowing
<br /> the consumer a designated reasonable period of time to contact Client and DataQuest (the CRA)if the consumer wishes to dispute or
<br /> explain any information in the consumer report;(c)providing DataQuest's contact information and also stating that DataQuest is unable
<br /> to inform the consumer why Client took the action it did;(d)and providing a final adverse action notice to the consumer if a final adverse
<br /> employment decision is made. In the case where Client desires to take an adverse action against the consumer based at least in part on
<br /> information contained in a consumer report provided by DataQuest,Client agrees to provide the consumer with a written notification
<br /> containing the information required in such instances under the FCRA and any applicable state counterpart. As a courtesy to its
<br /> customers, DataQuest can supply Client with a sample pre-adverse action notification form and a sample adverse action notification
<br /> form. DataQuest recommends that Client consult with its own legal counsel when taking adverse action against a consumer
<br /> based in whole or in part on a consumer report to ensure Client acts in accordance with applicable Laws and Regulations and
<br /> to ensure that Client's use of any sample pre-adverse action or adverse action notices provided by DataQuest are in compliance
<br /> with applicable Laws and Regulations. DataQuest shall not be liable for, and Client waives all claims whatsoever against
<br /> DataQuest for,damages,liabilities,losses,costs,fines,penalties or expenses resulting from Client's election to use DataQuest's
<br /> sample pre-adverse action and adverse action notices and/or adverse actions taken by Client against consumers. Client
<br /> acknowledges that DataQuest's system does not automatically generate or send preliminary adverse action or adverse action
<br /> notices for Client unless Client specifically prompts the system to do so.
<br /> 10. Confidentiality of Information;Disposal of Information. DataQuest hereby informs Client,and Client acknowledges that
<br /> it understands, that consumer reports are of confidential and sensitive nature and that Client has a legal obligation to keep consumer
<br /> information confidential (the"Confidential Information"). Client shall maintain consumer reports in confidential files to which access
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