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DocuSign Envelope ID:4F8A5C36-6108-4FB3-9B63-6018FD5692BB <br /> NATIONAL CENTER FOR SAFETY INITIATIVES END-USER AGREEMENT <br /> (viii) Under all applicable circumstances,comply with California Civil Code Sections 1785.20 and 1786.40 if <br /> the taking of adverse action is a consideration,which shall include,but may not be limited to,advising the <br /> consumer against whom an adverse action has been taken that the adverse action was based in whole or in part <br /> upon information contained in the Information Product,informing the consumer in writing of End User's name, <br /> address,and telephone number,and provide the consumer of a written notice of his/her rights under the ICRA and <br /> the CCRAA. <br /> (ix) Comply with all other requirements under applicable California law,including,but,not limited to any <br /> statutes,regulations and rules governing the procurement,use and/or disclosure of any Information Products, <br /> including,but not limited to,the ICRA and CCRAA. <br /> A. When Information Products are Used for Employment Purposes <br /> If the information products End-User obtains from Company are to be used for an employment purpose,End-User <br /> certifies that prior to obtaining or causing a"consumer report"and/or"investigative consumer report"to be <br /> obtained,a clear and conspicuous disclosure,in a document consisting solely of the disclosure,has been made in <br /> writing to the consumer explaining that a consumer report and/or investigative consumer report may be obtained <br /> for employment purposes. Such disclosure satisfies all requirements identified in the FCRA,as well as any <br /> applicable state or local laws and the consumer has authorized,in writing,the obtaining of the report by End-User. <br /> End-User understands that Company will not initiate a report for Employment Purposes in the absence of a written <br /> authorization. End-User certifies that each time it orders a report,it is reaffirming the above certification. <br /> Prior to taking adverse employment action based in whole or in part on the information products provided by <br /> Company,End-User will provide to the consumer:(1)a copy of the report,and(2)a description,in writing,of the <br /> rights of the consumer entitled:"A Summary of Your Rights Under the Fair Credit Reporting Act." After the <br /> appropriate waiting period,End-User will issue to the consumer notice of the adverse action taken,including the <br /> statutorily required notices identified in Section 615 of the Fair Credit Reporting Act. <br /> Before taking adverse action based on a criminal record the EEOC Criminal History Guidance recommends that <br /> you perform an individualized assessment and or other considerations. To obtain a copy of the EEOC Criminal <br /> History Guidance please go to the following website:http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm. <br /> Please note,as it relates to criminal history information,Company only reports criminal history eligible for <br /> reporting in accordance with the FCRA and applicable state or local laws. <br /> B. Investigative Consumer Reports <br /> In addition to the disclosure requirements identified above,if the consumer makes a written request within a <br /> reasonable amount of time,End-User will provide: (1)information about whether an investigative consumer <br /> report has been requested;(2)if an investigative consumer report has been requested,written disclosure of the <br /> nature and scope of the investigation requested;and(3)Company's contact information,including complete <br /> address and toll-free telephone number. This information will be provided to the consumer no later than five(5) <br /> days after the request for such disclosure was received from the consumer or such report was first requested, <br /> whichever is the latter. <br /> C. International Criminal Record Searches <br /> End-User understands that searches of international background screening will be conducted through the services <br /> of a third-party independent contractor. Because of differences in foreign laws,language,and the manner in which <br /> foreign records are maintained and reported,Company cannot be either an insurer or guarantor of the accuracy of <br /> the information reported. End-User therefore releases Company and its affiliated companies,officers,agents, <br /> employees,and independent contractors from any liability whatsoever in connection with erroneous information <br /> received as a result of an international background screening report. <br />