EDIFY BACKGROUND SCREENING POLICIES
Updated: 03/26/2025
Privacy Policy
This Privacy Policy applies to all individuals who interact with EDIFY, including:
– Visitors to our public website (www.edifyscreening.com)
– Clients who engage EDIFY for background screening or credentialing services
– Consumers whose personal information is processed during the course of background screening conducted on behalf of our clients
EDIFY is committed to protecting the privacy and personal data of all individuals, regardless of their relationship to our organization. This policy outlines how we handle personal data across these categories.
This Privacy Policy applies to www.edifyscreening.com (“Website”) and to the services provided by Edify Background Screening, LLC (“EDIFY”). This policy outlines how EDIFY collects, uses, shares, stores, and protects personal information in accordance with applicable laws including the Fair Credit Reporting Act (FCRA), the California Consumer Privacy Act (CCPA), and data protection laws in the EU, UK, and Brazil. This policy may be updated from time to time and any material changes will be posted on our website.
Legal Basis for Processing
EDIFY processes personal information only when permitted by law. Depending on your location, the legal basis may include:
– The necessity to perform a contract (e.g., providing a background screening report to an employer),
– Compliance with legal obligations (e.g., identity verification),
– Consent (where required),
– Legitimate interests, provided these do not override your fundamental rights and freedoms.
Collection and Use of Information
EDIFY collects personal information to facilitate background screening, credentialing, and other verification services. This includes information you provide directly, information obtained from third parties with appropriate authorization, and data generated through our services. We use this information exclusively for internal business purposes and to provide services as requested by our clients.
Use and Sharing of Information
EDIFY does not sell or share personal information with third parties for marketing or commercial purposes. Information is used exclusively for internal business operations and for fulfilling our contractual obligations to clients. Any data shared with service providers is limited to what is necessary to perform their role and is subject to strict confidentiality agreements.
Consumer Rights and Choices
Depending on your jurisdiction, you may have rights including:
– Access to your personal data
– Correction of inaccurate or incomplete data
– Deletion of your personal data
– Restriction or objection to certain uses of your data
– Portability of your personal data
– Non-discrimination for exercising privacy rights
To exercise these rights, contact us at [email protected] or 888-503-3439.
Information Security
EDIFY employs industry-standard administrative, physical, and technical safeguards including:
– Encrypted backups and secure data storage
– Role-based access control and multi-factor authentication
– Firewalls, anti-virus, and intrusion detection tools
– Secure transmission using 128-bit SSL encryption
– Routine monitoring and audits for compliance
Data Retention
Personal data is retained only as long as necessary to fulfill the purpose for which it was collected, or to comply with legal, regulatory, or contractual obligations. Data is securely destroyed or anonymized after the retention period.
Third-Party Service Providers
EDIFY may engage third-party vendors to support our operations (e.g., cloud hosting, data retrieval). These vendors are contractually bound to maintain the confidentiality and security of personal data and are granted access only to the extent required to perform their role.
International Data Transfers
When necessary, personal information may be transferred to or accessed from outside of the United States. All such transfers are conducted in compliance with applicable laws and are protected by appropriate safeguards.
Children’s Privacy
Our Website and services are not directed to individuals under the age of 16, and we do not knowingly collect information from children.
Changes to this Policy
We may update this Privacy Policy periodically. If changes are material, we will notify users via our website or through other appropriate communication channels.
Contact Us
For any inquiries, concerns, or feedback about our privacy practices, please contact:
Compliance
Edify Background Screening
206 S. Westgate Dr. Suite G
Greensboro, NC 27407
Toll-free phone: 888-503-3439
Phone: 336-283-0237
Email: [email protected]
Updated: 03/26/2025
What Are Cookies?
Cookie Policy
This Cookie Policy applies to all users who interact with the Edify Background Screening website (www.edifyscreening.com), including public visitors, clients, and consumers undergoing background checks. We believe in transparency and are committed to clearly explaining how cookies and similar tracking technologies are used on our website.
What Are Cookies?
Cookies are small text files placed on your web browser or device by a website. They allow websites to remember your actions and preferences over time, so you don’t have to re-enter them each time you return to a site or navigate from one page to another.
How We Use Cookies
We use cookies to enhance the performance and functionality of our website. Cookies help us:
– Understand how visitors use our website
– Improve site functionality and navigation
– Analyze site performance and traffic sources
– Understand how users arrive and depart from our site
– Measure and improve the effectiveness of our advertising campaigns
Types of Cookies We Use
When you visit our website, the following types of cookies may be stored on your browser:
– **First-party cookies**: Placed by EDIFY to support essential site functions, analytics, and optimization.
– **Third-party cookies**: Placed by our service providers for advertising, analytics, and integrations (e.g., social media platforms).
Categories of Cookies
– **Analytics**: Help us analyze site usage, improve user experience, and identify technical issues or fraudulent behavior.
– **Advertising**: Deliver relevant ads, track ad engagement, and measure campaign performance.
– **Social Media**: Allow content sharing via platforms like Facebook, LinkedIn, Twitter, and YouTube. These platforms may collect data per their own privacy policies, not ours.
How to Control Your Cookies
You can manage and delete cookies directly from your browser settings. While doing so may limit functionality on some websites, you are free to choose your cookie preferences at any time.
Here are browser-specific links to guide you in managing cookies:
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Android (Chrome on Android)
https://support.google.com/accounts/answer/32050?hl=en&co=GENIE.Platform%3DAndroid -
Google Chrome (Desktop)
https://support.google.com/accounts/answer/32050?hl=en&co=GENIE.Platform%3DDesktop
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Microsoft Edge:
View and delete browser history in Microsoft Edge -
Mozilla Firefox:
Clear cookies and site data in Firefox -
Safari (Mac):
Manage cookies and website data in Safari on Mac -
Safari Mobile (iPhone/iPad):
Clear history and cookies in Safari on iPhone or iPad
Policy Updates
We may update this Cookie Policy from time to time to reflect changes in our practices or legal obligations. Material updates will be posted on our website.
Updated: 03/26/2025
Terms Of Use
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT USE EDIFY SERVICES OR VISIT EDIFY WEBSITES.
Terms of Use
These Terms of Use apply to all users who interact with EDIFY Background Screening Services, including public website visitors, clients who contract for screening or credentialing services, and consumers whose information may be processed by EDIFY. Your use of any EDIFY service, platform, or website is subject to these Terms.
- Acceptance of Terms
By accessing or using any EDIFY Background Screening service, platform, mobile application, website, or tool (collectively, the “Services”), you agree to be bound by these Terms of Use, our Privacy Policy, Cookie Policy, and any applicable supplemental terms. If you do not agree, you may not use our Services.
- Modifications to Terms
We may update these Terms from time to time in our sole discretion. If we make material changes, we will notify you by posting an updated version on our website or through other communication. Continued use of the Services constitutes acceptance of the revised Terms.
- Eligibility & Account Security
You must be at least 18 years old and legally capable of entering a binding agreement. You agree to provide accurate and complete information when registering for an account and to keep your credentials secure. You are responsible for any activity under your account.
- Use of the Services
You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations, including the Fair Credit Reporting Act (FCRA) and data privacy laws. Misuse of the Services, including unauthorized access, data scraping, or reverse engineering, is strictly prohibited.
- Privacy & Data Processing
Our handling of personal data is governed by our Privacy Policy. EDIFY processes consumer information on behalf of its clients in accordance with the FCRA and applicable privacy regulations. By using our Services, you consent to the collection and use of information as described therein.
- Intellectual Property
All intellectual property rights in the Services and content (excluding user-submitted content) are owned by or licensed to EDIFY. You may not reproduce, distribute, or modify any part of the Services without prior written consent.
- Disclaimers
The Services are provided “as is” without warranties of any kind, either express or implied. EDIFY does not guarantee the accuracy, completeness, or reliability of any content or results obtained through its Services.
- Limitation of Liability
To the fullest extent permitted by law, EDIFY shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data. Our total liability for any claim related to the Services shall not exceed $100 or the amount paid by you to EDIFY in the past six months.
- Indemnification
You agree to defend, indemnify, and hold harmless EDIFY and its affiliates from any claims, liabilities, or expenses arising from your use of the Services or violation of these Terms.
- Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of North Carolina. Any dispute shall be brought exclusively in the state or federal courts located in Guilford County, North Carolina. You waive the right to participate in class actions against EDIFY.
- Contact Information
If you have any questions about these Terms, please contact:
Compliance Officer
Edify Background Screening
206 S. Westgate Dr. Suite G, Greensboro, NC 27407
Email: [email protected]
Updated: 03/26/2025
Pricing and Payment Terms and Conditions
This Payment Policy (“Policy”) describes the policies that apply to you when you purchase Services from EDIFY Administration Professionals, Inc. and d.b.a. Edify Background Screening (“we”, “us”, “our”, “EDIFY”). This Policy is a part of, and incorporated into, the Terms of Use that govern your use of EDIFY Services.
IF YOU DO NOT AGREE TO THIS POLICY, YOU SHOULD NOT PURCHASE SERVICES FROM EDIFY.
1. Fees
Unless otherwise specified by a separate agreement, all charges associated with your access to and use of a Service are due in full at either:
- The time of order, or
- If operating under a Master Service Agreement, upon receiving your invoice.
EDIFY’s fees are exclusive of:
- Any pass-through fees for motor vehicle records, court, or statewide searches; verification access and/or data fees, third-party access fees, third-party researcher fees, document copy fees, system access fees, translation fees, drug screens that are not part of an established package, or drug screens performed out of network and thus incurring higher processing fees.
- Applicable sales taxes, VAT, or similar taxes. (Customers are responsible for these taxes and must self-account for local VAT, if applicable.)
Failure to pay charges within the grace period may result in suspended or terminated access to Services. All payments must be made in U.S. Dollars.
- Credit Card Payments: A 3% processing fee applies to all payments made via credit card. The processing fee will be displayed on your invoice where applicable.
- ACH or Check Payments: No additional fees apply for payments made via ACH transfer or check.
2. Payment Terms
You must pay EDIFY according to this Payment Policy or as otherwise specified in your Master Service Agreement. Unless another payment method is specified, you must provide EDIFY with a valid credit or debit card (“Payment Method”) to be kept on file and hereby authorize EDIFY to bill the Payment Method for any Services used.
Late Payments: Any invoices not paid within 30 days of the due date will incur a late charge of 1.5% per month (18% annually) or the maximum allowed by law, whichever is less. Collection costs, including attorneys’ fees, will be your responsibility.
No Refunds Policy: Due to the unique nature of background screening products and services and the significant administrative effort involved in onboarding and account setup, all sales are final and no refunds will be issued once an order or request has been placed. By placing an order, you acknowledge and agree that background screening services are customized, perishable, and initiated immediately upon order placement. Account setup, system configuration, and compliance verification processes begin as soon as payment is received. Because of the compliance-sensitive and individualized nature of our services, we are unable to accept returns or provide refunds once an order is submitted. We strongly encourage all clients to review the scope of services and reach out to us with any questions before placing an order. Our team is available to help ensure you understand what’s included and assist in determining the right services for your needs. Additionally, the following terms are included in our “no refunds” policy.
(1) Payment for all Edify Background Screening services is due at the time of ordering unless otherwise agreed to in writing. Services will not begin until payment has been received and successfully processed. Pricing is listed in U.S. dollars and may change at any time without notice.
(3) For Self-Check services, due to the nature and expense of the scope of work required to fulfill a background check report, you acknowledge that all sales are final and no refunds will be issued for any reason. This includes failure to complete required fields or entering incorrect data during the ordering process.
(4) For Verification services, you acknowledge that services are considered fulfilled once Edify has made the designated number of attempts to contact the requested entity, even if we are ultimately unable to reach the contact person. The number of contact attempts is defined in Edify’s internal Verification Procedure and may vary depending on the specific verification product purchased.
(5) If you believe a payment was made in error, please contact us within five (5) business days of the transaction date. We will review your request in accordance with this policy and respond appropriately.
3. Organizational Payment Terms
In the event you utilize EDIFY’s Organizational Umbrella capabilities, you accept and understand that Child Organization report orders will be billed to the Parent Organization account, unless the Child account secures its own pricing plan and agrees to pay for reports ordered under that plan through the execution of a new Agreement with EDIFY. Parent companies must abide by the payment terms set forth in the Master Services Agreement (if applicable), Terms of Use, and Payment Policy.
You further accept and understand that Parent Organization report orders will be billed to the Parent account and will not be passed through to any linked Child Organization accounts, unless such Child Organization account secures its own pricing plan and agrees to pay for reports ordered under that plan through the execution of a new Agreement with EDIFY.
4. Prepaid Fees
Prepaid and subscription fees are non-refundable, even if Services are discontinued before the term expiration, except where a Master Service Agreement explicitly states otherwise.
5. Drug Screening Fees
For drug screening services, a “no-show fee” will apply at the then-current rate if the candidate does not complete the drug screening within the allotted time window. If the candidate or client requests to reschedule a drug screening, a reschedule fee may also apply. This fee will be billed directly to the account associated with the original request.
6. Credits
EDIFY may, in its sole discretion, choose to offer credits for the Services in various ways, including but not limited to, prepaid Services, coupons, promotional campaigns and referrals. EDIFY reserves the right to award credits at its sole discretion. Credits have no monetary or cash value, are non-transferable, and can only be used by you to offset your subsequent payments of fees due for the applicable Service. Credits may only be applied to fees due for the Service specifically identified by EDIFY when issuing the credit. To the extent that you have been provided credits, unless the instrument (including any coupon) states an earlier expiration date, these credits shall expire and no longer be redeemable twelve (12) months from the date the credit was issued.
7. Pricing Policy & Annual Adjustments
At EDIFY Background Screening, we are committed to providing high-quality services while maintaining pricing transparency. Our pricing structure is subject to periodic adjustments based on market conditions and operational costs.
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Annual Pricing Adjustment
Upon the expiration of any fixed pricing term, EDIFY may implement an annual pricing adjustment of 3% or the current rate of inflation at the time of adjustment, whichever is greater. This ensures that our pricing remains aligned with economic conditions and industry standards. -
Immediate Price Adjustments Due to Regulatory or Supplier Cost Increases
Notwithstanding the above, if EDIFY’s cost of providing services materially increases due to federal, state, or local law changes, ordinances, other regulatory or administrative requirements, supplier price increases, or governmental acts, EDIFY may implement a price increase without prior notice. -
Right to Cancel Due to Pricing Changes
If you do not agree to any new pricing adjustments, you may cancel your Master Service Agreement by notifying us in writing at [email protected]. Upon receipt of your cancellation request:- We will generate a final invoice for any outstanding balances and unbilled services at the previous pricing level.
- Your account access will be suspended following payment of the final invoice.
- You may reactivate your account at any time at the then-current pricing.
We value our clients and strive to provide competitive pricing while maintaining service excellence. If you have any questions regarding our pricing policy, please contact us at [email protected].
8. Account Deposits
Unlike many background screening providers that charge a non-refundable setup fee, EDIFY instead utilizes a one-time account deposit for low-volume accounts. This deposit helps offset the administrative and compliance-related costs associated with onboarding new clients, including account verification, system setup, and initial compliance reviews. The minimum deposit amount is $100 and will be applied as a credit to the account according to the following terms and conditions as follows;
- (1) The deposit is non-refundable.
- (2) The credit balance will be applied to invoices posted within the first 90 days of service.
- (3) Any unused balance after 120 days will expire and will not be refunded or carried forward.
9. Applicant Management Center (AMC) Subscription Policy
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Non-Refundable Subscription
Annual AMC subscriptions are non-refundable. Once payment is processed, no refunds or prorated credits will be issued for unused time. -
Automatic Renewal & Cancellation Policy
AMC subscriptions renew automatically each year unless cancellation is requested at least 30 days before the renewal date. This allows sufficient time for:- Subscription cancellation
- Backup of usage history
- Removal of license integrations from the account
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Service Access & Data Retention
- Upon cancellation, access to AMC features will be revoked immediately after the current subscription term ends.
- EDIFY is not responsible for retaining applicant data after cancellation. It is the client’s responsibility to export or back up any necessary records before termination.
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Changes to Subscription Terms
EDIFY reserves the right to modify AMC pricing, features, or terms with prior notice. Clients will be informed of any changes before their renewal period, allowing them to review and decide on continuation. -
Reactivation
If a subscription is canceled and later reactivated, the account will be subject to current pricing and any applicable setup fees at the time of reactivation.
Acknowledgment
By using EDIFY’s Services, you acknowledge that you have read, understood, and agreed to these Pricing and Payments Terms and Conditions.
Background Screening Policy
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT USE EDIFY SCREENING SERVICES.
This Screening Policy (“Policy”) governs all background screening services (“Screening Services”) provided by EDIFY Administration Professionals, Inc., and d.b.a. Edify Background Screening (“we”, “us”, “our”, “EDIFY”), and is incorporated as Additional Service Terms into the EDIFY Terms of Use. You (“you”, your”) must agree to the terms outlined in this Policy before you can use the Screening Services.
1. General Terms
a. Our Services
EDIFY 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 EDIFY 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 refers to the entire Screening Report, as well as any and all specific information contained in such Screening Report. The FCRA imposes criminal penalties against anyone who knowingly and wilfully 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.
b. Information Security Requirements
Unless you are an individual obtaining your own personal Screening Report, you must abide by the following information security requirements with regard to the Screening Reports you obtain from EDIFY:
- 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.
- Only access Screening Reports from authorized devices that are secured with a password or passcode. Public or shared computers may not be used to access Screening Reports.
- 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.
- 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.
c. 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: By submitting a written request, you can learn whether a company has run a background check on you. You are allowed to inspect and order a copy of the report by directly contacting the Consumer Reporting Agency. If you have been convicted of one or more criminal offenses, you can request the company to provide a written statement declaring the reasons for the refusal of hire. This statement must be provided to you within 30 days of your request.
Washington State: 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 credit worthiness, 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.
2. 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.
3. Employment Screening Policy
a. Applicability and Permissible Purpose
Section 3 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.
b. Usage Restrictions and Requirements
You acknowledge that when you obtain Screening Reports from EDIFY, 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 EDIFY, 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:
- You must base all of your evaluation and eligibility decisions and related actions on your own policies and procedures and not rely on EDIFY for (nor shall EDIFY render) legal advice regarding your employment decisions. You acknowledge that any consultation, training, and sample forms which may be provided by EDIFY are provided for informational purposes only, and that EDIFY is not providing legal advice. You further acknowledge that EDIFY 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.
- 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 EDIFY, 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 the 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).
- 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”).
- 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.
- 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.
- You agree that as a regulated consumer reporting agency, EDIFY 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 EDIFY such records and other related documentation reasonably requested by EDIFY to ensure compliance.
- You agree that you will not use consumer information in violation of any state or federal law, including equal employment opportunity laws.
- 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.
- 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 compliantly administer drug tests.
- 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: “[email protected]”.
c. Vermont Fair Credit Reporting Contract Certification
Customer acknowledges that it subscribes to receive various information services from EDIFY 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 EDIFY’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 EDIFY.
4. Non-Employment Screening Policy
a. Applicability and Permissible Purpose
Section 4 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 EDIFY upon request.
b. Usage Restrictions and Requirements
You acknowledge that when you obtain Screening Reports from EDIFY, 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 EDIFY, 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:
- You must base all of your evaluation and eligibility decisions and related actions on your own policies and procedures and not rely on EDIFY for (nor shall EDIFY render) legal advice regarding your eligibility decisions. You acknowledge that any consultation, training, and sample forms which may be provided by EDIFY are provided for informational purposes only, and that EDIFY is not providing legal advice. You further acknowledge that EDIFY 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.
- 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 EDIFY, a statement that EDIFY 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.
5. Individual Screening Policy
Section 5 of this Policy only applies to individuals who (i) are obtaining their own Screening Report from EDIFY, and (ii) are not already entitled to a free copy of their Screening Report from EDIFY.
a. 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.
b. 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 [email protected].