Updated: 09/10/2023

What Are Cookies?

To promote transparency about our data collection practices, we have created this Cookie Policy. Cookies are helpful tools for both websites and website visitors. However, because they can track your activity and preferences as you surf the web, it’s important to us that you understand what they are and how we use them.

Cookies are small text files placed on your web browser or device by a website. Cookies enable websites to remember your actions and preferences over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another.

How We Use Cookies

We use cookies in several ways, all of which are aimed to enhance the performance of our Services’ websites. For example, we use them to: understand how you use our site; make our site work better; learn how you got to our site, and where you go when you leave; as well as to understand whether and how ads drive users to our site.

When you visit our Service’s site, two types of cookies may be stored on your browser:

• First-party cookies, which EDIFY places on your browser to help us ensure functionality, site performance, analytics, and optimization.
• Third-party cookies, which our service providers place in your browser to provide us with a variety of services that may include advertising and analytics.

To help you understand more about the types of cookies we use and their category use, we have provided a detailed listing of the types of cookies used at EdifyScreening.com below. The cookie table includes a selection of third-party cookies used on EDIFY. Although we may update this list periodically, please be advised that it is subject to change.

Type and Purpose of Cookie

Analytics. These cookies help us understand how users interact with our site in order to optimize and improve our services. For example, they can tell us about our web traffic and web usage (like the number of visitors we have to our site, and the number of page views), as well as the effectiveness of our advertising campaigns. These cookies may also help us to identify and fix errors, and prevent fraud and abuse.

Advertising. We may use these cookies to help deliver relevant ads to you, to understand how you interacted with an ad, to improve the quality of our ads, and to measure the performance and reach of our ads.

Social Media. We use social media integrations, widgets, and plug-ins, so that you can share information from our site on other social media platforms. These may include integrations with the Facebook Connect and Facebook Social Plugins, LinkedIn, Twitter, and YouTube.
Please note that these tools may use their own cookies and analytics. Your interactions with these widgets are governed by the privacy policies of those companies, not by our site’s privacy policy. Pixel tags from these companies may also help us to better analyze our marketing efficacy on their sites.

How to control your cookies

You can control and/or delete cookies as you wish from your browser settings menu options. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and features may not work.

For easy steps on how to control and/or delete your cookies collected by your browser, please consult the following links:

• Android Browser
• Google Chrome
• Internet Explorer
• Mozilla Firefox
• Opera
• Safari
• Safari Mobile

Updated: 09/10/2023

Terms Of Use

IF YOU LIVE IN, OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN THE UNITED STATES, PLEASE NOTE THE BINDING CLASS ACTION WAIVER IN SECTION 6.12, WHICH AFFECTS YOUR DISPUTE RESOLUTION RIGHTS WITH US.

These are the Terms of Use (“Terms”) governing all websites, mobile applications, information and screening services (including Screening Reports), and APIs (each, a “Service”) owned or operated by Edify Administration Professionals, Inc. and d/b/a EDIFY Background Screening (“we”, “us”, “our”, “EDIFY”). By accessing or using the Services, you (“you”, “your”) agree to be bound by these Terms, our Privacy Policy, Screening Policy, Cookie Policy, and Payment Policy, as well as any Additional Service Terms governing your use of a particular Service, all of which are incorporated herein by reference. Where you have entered into a Master Services Agreement with us, and the terms of that agreement conflict with the terms herein, the terms of the Master Services Agreement will control.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT USE EDIFY SERVICES OR VISIT EDIFY WEBSITES.

 I.       General Terms

A.     ELIGIBILITY FOR USE

You represent and warrant that you are at least 18 years of age, of legal competence to enter into this agreement, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. We reserve the right to deny, in our sole discretion, any access or use of the Services without notice for any or no reason.

B.      ACCESS

EDIFY makes no claims that our services or the EDIFY Content may be lawfully viewed or accessed outside of the United States. Access to our services or the EDIFY Content may not be legal by certain persons or in certain countries. If you access our services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These terms and conditions are governed by the internal substantive laws of the State of North Carolina, without regard to its conflict of laws principles. You agree that any dispute arising from or relating in any way to this Site will be brought exclusively in the federal or state courts located in the State of North Carolina and you irrevocably agree to submit to the jurisdiction of such courts. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term set forth herein shall be deemed a further or continuing waiver of such term or any other term. In addition, EDIFY’ failure to enforce any term set forth herein shall not be deemed as a waiver of such term or otherwise affect EDIFY’ ability to enforce such term at any point in the future.

C.      REGISTERED USERS

Certain services offered on this Site require the eligible user to register, i.e., client only services. If you are eligible for these services and wish to register, you must complete the registration process by providing EDIFY with current, complete and accurate information as prompted by the applicable registration form. You must choose a unique password and select the email you want used as your user name. You are entirely responsible for maintaining the confidentiality of your password and registration information. In consideration of your use of the services, you agree to: (a) provide true, accurate, current and complete information as prompted by the applicable registration form, and (b) maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any information which is untrue, inaccurate, not current or incomplete, or if EDIFY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or if you are otherwise in violation of the terms of this Agreement, EDIFY has the right to suspend or terminate your current and any future use of the services, or any portion thereof.  Your right to use our services, or any part of it, is not transferrable.

D.     PASSWORDS AND UNAUTHORIZED USE

You are responsible for safeguarding the password and/or API keys that you use to access the Services and for any activities or actions under your account credentials. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. EDIFY cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

If you believe that a third party has gained access to your Account, you agree to notify us promptly by sending an email to [email protected].  Failure to do so may result in your account being suspended without prior notice. You expressly agree that you will be responsible for any costs arising from a data breach caused by unauthorized use of your account credentials, including, if applicable, notice to affected individuals.

E.      YOUR CONTENT

By submitting content, including but not limited to information about your Account and data that you and your end users upload to your Account, to EDIFY (“Your Content”), you grant us a royalty-free, non-exclusive, worldwide license to reproduce, prepare derivative works, or distribute copies of Your Content in any medium for the sole purpose of providing or marketing the Services to you and others, in accordance with our Privacy Policy. You maintain full ownership of Your Content. You agree that you have the right to submit any content you submit and that you are not violating any party’s intellectual property rights or any other right that could lead to a cause of action against you or us. For the avoidance of doubt, Your Content does not include any personally identifiable information, confidential information, intellectual property, or sensitive account information.

F.      COMMUNICATIONS FROM US

Once you create an Account or otherwise provide your email address to us, you may, from time to time, receive email communications from us about your account, as well as occasional marketing emails. You may elect to opt out of receiving marketing emails at any time by following the instructions and link provided within the email. Please allow up to 10 days for your marketing communication preferences to fully take effect within our systems.

G.     California Consumer Disclosures

Under California Civil Code Section 1789.3, Customers who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Service of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at 916.445.1254. The Services are provided by Edify Administration Professionals, Inc., P.O. Box 35141, Greensboro, NC 27425.

II.       License To Use The Services

A.     Limited License

Subject to these Terms and any Additional Service Terms, we grant you a limited, revocable, nontransferable, nonexclusive license to access and use our Services. You agree that you will not copy, display, distribute, or resell any part of the Content or Services, in any medium, without EDIFY’s prior written consent. To the extent any component of the Content or Services may be offered under an open-source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms.

B.      Access Restrictions

You may not access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by EDIFY (and only pursuant to these Terms), without our express prior written consent.

In addition, you may not do any of the following while accessing or using the Services:

• use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute Content or to manipulate the Services.
• access, tamper with, or use non-public areas of the Services, EDIFY’s computer systems, or the technical delivery systems of Edify’s providers.
• probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
• forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Services to send altered, deceptive, or false source-identifying information; or
• interfere with, or disrupt (or attempt to do so), the access of any user, host or network, including, without limitation, sending virus, overloading, flooding, spamming, mail-bombing the Services, or using the Services in such a manner as to interfere with or create an undue burden on the Services.

The restrictions outlined in this section do not apply to security researchers participating in EDIFY’s vulnerability coordination and bug bounty program.

C.      Usage Restrictions

You agree to adhere to the following:

• You will use the Services only for appropriate, legal purposes, and in compliance with all applicable federal, state, and local laws and regulations.
• You will not use the Services to request a consumer report on any individual other than yourself without that person’s written authorization.
• You will not use the Services to transfer to EDIFY personal information of data subjects where such transfer and processing is regulated by GDPR or applicable data protection, data transfer, or data privacy law, unless you have previously entered into a Global Data Protection and Processing Agreement with EDIFY.
• Customers who procure Screening Services and who contract with EDIFY as foreign corporate entities located in the following countries are liable for any damages, including enforcement actions and penalties from data protection authorities, sustained by EDIFY in relation to Customer’s failure to comply with this paragraph: European Union, United Kingdom, Switzerland, Brazil, Israel, or other country requiring contractual guarantees for the safe and secure transfer and processing of data.

D.     User-Generated Content Restrictions

We may allow users, including you, to post certain user generated content (“UGC”) to the service. We shall have the right, but not the obligation, to monitor or review any UGC at any time for any readily apparent violation of these Terms. In compliance with Section 512(c) of the Digital Millennium Copyright Act (“DMCA”), EDIFY reserves the right to conduct a limited review of UGC for the sole purpose of identifying and rejecting UGC which violates these Terms.

You agree that you will not submit UGC which:

• Impersonates another person or entity or misrepresents your affiliation with a person or entity.
• Contains the private information of any third party who has not authorized the provision of that information, including but not limited to addresses, phone numbers, email addresses, social security numbers.
• Is commercial in nature.
• Infringes on a third party’s intellectual property rights.
• Is threatening, incites violence, or promotes illegal activity.
• Promotes or endorses drug use, child pornography, or other illegal activities; or
• Contains hate speech, nudity, graphic or gratuitous violence.

III.       OUR INTELLECTUAL PROPERTY

All content included on this Site, such as trademarks, service marks, names, titles, text, graphics, logos, images, website design, assembly and arrangement (collectively, “EDIFY Content“), is owned and/or used by EDIFY, and is protected by the laws of the United States and other countries.  Permission is given to view, copy, download, print and distribute materials on this Site solely for personal, informational, non-commercial uses, or, if you are an EDIFY CLIENT, for internal business purposes provided that any copy shall include EDIFY’ copyright and other proprietary notices.  When you download copyrighted materials from our services you do not acquire any ownership or other rights in the materials. Except as provided for herein, you may not modify, post, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any pages, data, information, software, products, or services obtained from this Site, unless you have obtained the prior written permission of EDIFY or you are using a service available through this Site.  All other uses, republication, or redistribution of EDIFY Content, including by framing, mirroring or similar means, is prohibited without the prior written consent of EDIFY.  Other brand and product names are or may be trademarks of, and are used to identify products and services of, their respective owners. The absence of an identification of a third-party mark or the lack of attribution of ownership of such mark on this Site should not be construed as any claim of rights by EDIFY.  Any feedback, comments, or suggestions you may provide regarding EDIFY Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

BY FURNISHING INFORMATION ON THIS SITE, EDIFY DOES NOT GRANT ANY LICENSE TO ANY TRADEMARKS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS.

IV.       Intellectual Property And DMCA

EDIFY respects the rights of copyright and trademark owners. Please contact us at [email protected] if you believe your trademark is being used in violation of the law.

For copyright issues, EDIFY responds to legitimate requests under the Digital Millennium Copyright Act (“DMCA”). If you believe that allegedly infringing content is available on an EDIFY website and you are authorized to act on behalf of the owner of an exclusive right in that content, you may send a notice to [email protected] that contains the following:

• Your physical or electronic signature
• Your contact information, such as an email address, telephone number, or mailing address.
• Information that identifies the copyrighted work claimed to have been infringed, or, if your notification references multiple copyrighted works, a representative list of such works appearing on our service(s)
• Information that describes the allegedly infringing material or activity that you want removed or access disabled to, and information reasonably sufficient to permit us to locate the material, such as a URL.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If your notice substantially complies with the above requirements, we will act to remove the allegedly infringing content. EDIFY has a policy of terminating the accounts of repeat infringers users whose content is the subject of multiple DMCA notices.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.

If you are a user of an EDIFY Service whose content has been removed in error from one of our websites, you have the choice of sending us something called “counternotice”, or an attempt to have your content restored. Your counternotice must contain the following elements:

• Your physical or electronic signature
• Information that identifies the material that has been removed or to which access has been disabled and the location on our service(s) where the material previously appeared.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Edify Administration Professionals, Inc. may be found, and that you will accept service of process from the person whose notification resulted in the removal of your content or their agent.

Our designated copyright agent for notice of alleged copyright infringement appearing on the service is:

Edify Administration Professionals, Inc.

Attn: Compliance Officer

206 S. Westgate Drive, Suite G

Greensboro, NC 27407

Email: [email protected]

V.       Disclaimers And Limitation Of Liability

A.     Disclaimer Of Warranty

YOU USE THE SERVICES AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING ON RELIANCE ON INFORMATION FROM EDIFY, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING COMPUTER VIRUSES) EVEN IF EDIFY HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, EDIFY PROVIDES THE WEBSITE, THE SERVICES, THE CONTENT, AND THE INFORMATION “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EDIFY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

NO INFORMATION OR ADVICE PROVIDED ON EDIFY WEBSITES, BY EDIFY, OR BY EDIFY’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.

EDIFY’S SERVICES WILL BE PERFORMED IN A PROFESSIONAL MANNER IN ACCORDANCE WITH INDUSTRY STANDARDS. EDIFY WILL MAINTAIN AND FOLLOW REASONABLE PROCEDURES TO ASSURE THE MAXIMUM POSSIBLE ACCURACY OF THE INFORMATION CONTAINED IN EACH CONSUMER REPORT AND EDIFY WILL RE-VERIFY ANY DISPUTED CONSUMER REPORT WHEN YOU MAKE A REQUEST IN ACCORDANCE WITH APPLICABLE LAWS. YOU ACKNOWLEDGE, HOWEVER, THAT EDIFY CANNOT BE AN INSURER OF, AND CANNOT GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF, THE INFORMATION PROVIDED BECAUSE SUCH INFORMATION IS SUBJECT TO HUMAN ERROR AND OBTAINED FROM PUBLIC RECORDS AND OTHER THIRD-PARTY SOURCES THAT ARE NOT UNDER THE CONTROL OF EDIFY AND MAY NOT ALWAYS BE ACCURATE, VALID OR COMPLETE.

B.      Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EDIFY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR ACCOUNT, OR (v) NONCOMPLIANT SUBMISSION, REQUEST, AND/OR USE OF PERSONAL DATA UNDER APPLICABLE DATA PROTECTION OR CONSUMER REPORTING LAW.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EDIFY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID EDIFY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT EDIFY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

C.      Indemnification

You agree to defend, indemnify, and hold EDIFY, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, your violation of these Terms, the incorporated Policies, or your use of the Services. Further, 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 consumer reporting 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 law.

We reserve the right to assume exclusive control of our defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify EDIFY. You shall not settle any dispute subject to your indemnification under these Terms without written consent from EDIFY.

VI.       General Terms

A.     Controlling Law And Jurisdiction

These Terms will be governed by the laws of the State of North Carolina without regard to or application of its conflict of law provisions or your state or country of residence. You and EDIFY irrevocably agree to submit to the personal jurisdiction of, and to bring any claim, action, or proceeding in, the federal court in the Middle District of North Carolina or in state court in Guilford County, North Carolina.

B.      Links To Third Parties

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable (directly or indirectly) for the availability of such websites or resources; the content, advertising, products, or services on or available from such websites or resources; or any damage, loss, claim, or complaint caused by, arising from, or in connection with your use of or reliance on any such content, advertising, products, or services available on or through any such website or resource. Links to such websites or resources do not imply any endorsement by EDIFY of such websites or resources or the content, advertising, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C.      Waiver, Severability, And Assignment

EDIFY’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found invalid or unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. EDIFY may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

D.     Changes To The Services

We reserve the right, at any time and in our sole discretion, to amend, modify, suspend, or terminate the Services, the Content, and any part thereof without notice to you. EDIFY shall have no liability to you or any other person or entity for any modification, suspension, termination, or loss of information.

E.      Term And Termination

These Terms will remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. We can suspend or terminate your access to or use of the Services, in whole or in part, at any time, immediately and without notice. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 3, 5, and 6.

Nothing in this section shall affect EDIFY’s right to change, limit, or stop the provision of the Services without prior notice, as provided above in section 6.4.

F.      Headings

The headings of the sections contained in these Terms are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of the Terms.

G.     Modification Of Terms

From time to time, and in our sole discretion, we may revise these Terms. If the revision, in our sole discretion, is material we will notify you via an email sent to the email address associated with your account, or by means of a notice posted on this website. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

H.     Notification

By entering into and accepting these Terms, you agree and consent to receive electronically all communications, agreements, notices, documents and disclosures relating to these Terms and your use of the Services (collectively, “Communications”) as permitted by the Electronic Signatures in Global and National Commerce Act, 15 USC §7001, et seq. (“E-SIGN Act”) and the Uniform Electronic Transactions Act. Communications include agreements and policies you agree to (for example, and not by way of limitation, these Terms, including the Privacy Policy), including updates to these agreements or policies; annual disclosures; transaction receipts or confirmations; statements and transaction history; and any other transaction information or other information related to the Services. You have the right to withdraw your consent at any time. To withdraw consent, you may send a written request (a) by regular mail to EDIFY at P.O. Box 35141 Greensboro, NC 27425, or (b) by email to [email protected]. If consent is withdrawn, EDIFY reserves the right to discontinue your access to the Services, terminate any and all agreements with you, and/or charge you additional fees for paper copies.

I.        Entire Agreement

These Terms, as well as the incorporated Privacy Policy, Payment Policy, and Additional Service Terms you agree to, are the entire and exclusive agreement between you and EDIFY, and these Terms supersede and replace any prior agreements between EDIFY and you regarding the Services. However, the foregoing does not supersede or replace any Master Services Agreement, Order Form, or other written agreement between you and EDIFY, that is explicitly in addition to or replaces these Terms. These Terms create no third-party beneficiary rights.

J.       Force Majeure

Neither you nor EDIFY shall be liable to the other for any act, failure to perform, delay in performance, event or circumstance under this Agreement if, and to the extent that such act, failure to perform, delay in performance, event or circumstance is caused by conditions beyond the delayed Party’s reasonable control and which, by the exercise of reasonable diligence, the delayed Party is unable to prevent or provide against. Such conditions include, but are not limited to, acts of God; strikes, boycotts, or other concerted acts of workmen; laws, regulations, or other orders of public authorities; military action, state of war, epidemic, pandemic, or other national emergency; fire, or flood, or any other cause beyond the reasonable control of the party invoking this section (collectively, a “Force Majeure”). The Party affected by any such force majeure event or occurrence shall give the other Party written notice of said event or occurrence within a commercially reasonable time following such event or occurrence.

K.      Confidentiality

Definition of “Confidential Information”. “Confidential Information” shall mean any and all technical and non-technical information disclosed by either Party (“Disclosing Party”) to the other Party (“Receiving Party”) and labeled at the time of such disclosure as “Confidential” or bearing a similar legend, and all other information that the Parties knew, or reasonably should have known, was the Confidential Information of the other Party. Confidential Information may include, without limitation: (i) trade secrets, inventions, ideas, processes, computer source and object code, formulae, programs, other works of authorship, know-how, improvements, discoveries, developments, designs, and techniques; or (ii) information regarding products, plans for research and development, marketing and business plans, budgets, financial statements, contracts, prices, suppliers, and customers. Confidential Information includes personal information, except that the Exclusions set forth below do not apply. For clarity, nothing shall limit EDIFY’s ability to provide the Services to its other customers based on personal information provided by those third parties to EDIFY, even if that personal information is identical, in whole or in part, to personal information provided by Customer. Notwithstanding the foregoing, Recipient has no obligation to return or destroy Discloser’s Confidential Information backed up from a computer system for archival purposes in the ordinary course of Recipient’s business, and which may only be used only as necessary to comply with law, provided that Confidential Information remains subject to all applicable obligations under this Agreement for the duration of the archival retention period.

Confidentiality Obligations. Subject to the Exclusions section below, Receiving Party agrees that it will (i) hold in confidence and not disclose to any third party any Confidential Information of Disclosing Party; (ii) protect such Confidential Information with at least the same degree of care that Receiving Party uses to protect its own Confidential Information, but in no case, less than reasonable care; (iii) use Disclosing Party’s Confidential Information for no purpose other than performing said Party’s obligations under this Agreement; (iv) limit access to Disclosing Party’s Confidential Information to those of Receiving Party’s employees or authorized representatives having a need to know who have signed confidentiality agreements containing, or are otherwise bound by, confidentiality obligations at least as restrictive as those contained herein; and (v) promptly notify Disclosing Party upon discovery of any loss or unauthorized disclosure of Disclosing Party’s Confidential Information. The Parties agree that neither Party will communicate any information to the other Party in violation of the proprietary rights of any third party. Subject to any legally mandated retention requirements, the Receiving Party agrees to securely destroy or return any Confidential Information still in its possession upon termination of this Agreement.

Exclusions. Receiving Party has no obligations under this Agreement with respect to any portion of Disclosing Party’s Confidential Information if such Receiving Party can demonstrate with competent evidence that such portion (i) was in the public domain at the time it was communicated to Receiving Party by Disclosing Party; (ii) entered into the public domain subsequent to the time it was communicated to Receiving Party by Disclosing Party, through no fault of Receiving Party; (iii) was in Receiving Party’s possession free of any obligation of confidence prior to the time it was communicated to Receiving Party; (iv) was developed by employees or agents of Receiving Party independently of and without reference to any information communicated to Receiving Party by Disclosing Party; or (v) was communicated by Disclosing Party to an unaffiliated third party free of any obligation of confidence. Notwithstanding the above, Receiving Party may disclose Disclosing Party’s Confidential Information, without violating the obligations of this Agreement, to the extent such disclosure is required by a valid order of a court or other governmental body having jurisdiction, provided that Receiving Party gives Disclosing Party reasonable prior notice of such disclosure and makes a reasonable effort to obtain, or to assist Disclosing Party in obtaining, a protective order preventing or limiting the disclosure and/or requiring that the Confidential Information so disclosed be used only for the purposes for which the law or regulation required, or for which the order was issued.

L.       CLASS ACTION WAIVER

BY USING THE SERVICES, INCLUDING ACCESSING YOUR SCREENING REPORT THROUGH THE APPLICATION AND USING THE REPORT FEATURES ASSOCIATED THEREWITH, YOU ACKNOWLEDGE THAT EDIFY IS OFFERING THESE SERVICES UNDER THE TERMS PRESENTED HEREIN. AS PARTIAL CONSIDERATION FOR YOUR USE OF THESE SERVICES, INCLUDING ACCESSING YOUR SCREENING REPORT THROUGH THE APPLICATION AND USING THE REPORT FEATURES ASSOCIATED THEREWITH, YOU AGREE THAT YOU MAY BRING A CLAIM AGAINST EDIFY REGARDING YOUR USE OF THE SERVICES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS PLAINTIFF, CLASS REPRESENTATIVE, CLASS MEMBER, OR AN ADVERSE PARTY IN ANY WAY IN A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR OTHER PROCEEDING WHERE AN INDIVIDUAL ACTS IN A REPRESENTATIVE CAPACITY. ADDITIONALLY, YOU ACKNOWLEDGE THAT PART OF THE PRICE YOU ARE PAYING TO USE THESE SERVICES IS YOUR ACCEPTANCE OF THESE TERMS OF SERVICE INCLUDING THIS CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, YOU SHOULD NOT CONTINUE YOUR USE OF THE SERVICES. NOTHING IN THIS PARAGRAPH, HOWEVER, LIMITS YOUR RIGHTS TO BRING A LAWSUIT AS AN INDIVIDUAL PLAINTIFF, INCLUDING IN SMALL CLAIMS COURT, SUBJECT TO SECTION 6.1 ABOVE.

Updated: 09/08/2023

Payment Policy

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; (1) the time of order or (2) if operating under a Master Service agreement due in full upon receiving your invoice. EDIFY’s fees are exclusive of: (i) any pass-through fees for motor vehicle records, county court and statewide searches, verifications, third-party access fees, or drug screens; (ii) sales taxes, and any value added taxes and other similar indirect taxes (“VAT”), applicable to its Services. In the event that EDIFY’s Services are subject to sales tax or VAT, then Customer shall be responsible for such taxes and, where applicable, it shall be Customer’s responsibility to self-account for local VAT via a self-charging or reverse charge mechanism. If Customer purchases additional Services that are not initially set forth in any Order Form, such added Services shall be charged at EDIFY’s then-current rates. Failure to pay charges within the grace period may result in suspended or terminated access to and use of such Service by you. All payments must be made in U.S. Dollars

Tax Exemption: If you make a purchase on EdifyScreening.com but have not yet submitted a tax exemption certificate that has been reviewed and approved by EDIFY, you will be assessed sales tax. We must be in receipt of a valid exemption certificate in order to apply a tax-exempt status to your account. You have 90 days from the date of the tax-exempt purchase to email [email protected], provide your tax exemption certificate, and request a refund. We do not guarantee refunds after the 90-day period.

Once your order is fulfilled and your exemption has been validated, a credit for the applicable tax amount will be applied to the form of payment used to make the tax-exempt purchase. If you used a credit card, please allow up to three billing cycles for the credit to appear on your statement.

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. The terms set forth in any separate agreement supersede this Payment Policy in the event of any conflict.

If you choose to enroll in EDIFY’s auto-billing program for invoices generated under a Master Service Agreement, you authorize EDIFY to charge your stored Payment Method for any outstanding balance on the invoice due date. Failure to provide a current, valid Payment Method may result in unenrollment from auto-billing.

Without limiting any of EDIFY’s remedies for non-payment or late payment of fees due to EDIFY, any undisputed fees which are not paid within sixty (30) days of the due date shall be subject to a late charge of one and one-half percent (1.5%) per month (18% per year) or the maximum allowed by law, whichever is less. If collection efforts are required, you must pay all costs of collection, including reasonable attorneys’ fees.

EDIFY does not issue refunds for Services that have already been provided to you. For Employment Verifications, the Services are provided once EDIFY has made the designated number of attempts to contact an employer, even if we are ultimately unable to reach the employer. After the designated number of attempts have been made to contact an employer, no refunds will be issued. For the avoidance of doubt, the designated number of attempts refers to the attempts to contact an employer as described in EDIFY’s Verification Procedure. The exact number of attempts may vary based on the Employment Verification product purchased.

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

Pre-paid fees and subscription fees are not refundable, even if you elect to discontinue use of the Services prior to any applicable term expiration. The foregoing notwithstanding, in the event of conflict between the terms of this Section and a Master Service Agreement, the terms of the Master Service Agreement shall apply.

5.     Drug Screening Fees

Once a drug screening order is placed by you a “no-show fee” shall apply at the them current rate if the candidate does not complete the drug screening within the allotted time window for sample submission.

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 Changes

The prices set forth in your initial proposal and executed by a signed Master Service Agreement shall be fixed for the duration of the 120-day Pricing Guarantee Period, if any, set forth by EDIFY. Upon the expiration of any fixed pricing term, EDIFY may make inflationary pricing adjustments of any Service from time to time and in its sole discretion, usually once per year.  The foregoing notwithstanding, in the event that EDIFY’s cost of providing the Services materially increases as the result of federal, state, or local laws, ordinances, other regulatory, administrative, supplier increases, or governmental acts, then EDIFY may implement a price increase without prior notice.  You may cancel your Master Service Agreement if you do not agree to the new pricing 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 which will become immediately due at the “old” pricing level, and your account access will be suspended.  You may reactivate your account anytime at the then current pricing.

Updated: 09/13/2023

Background Screening Policy

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.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT USE EDIFY 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:

1. 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.
2. 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.
3. 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.
4. 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].