FCRA and Screening Services Addendum
End User Certification and Compliance Terms for Background Check, Criminal Monitoring, and Social Media Screening Services
THIS FCRA AND SCREENING SERVICES ADDENDUM (THIS "ADDENDUM") SUPPLEMENTS AND IS INCORPORATED INTO THE MINISTRY GUARD TERMS OF SERVICE AGREEMENT (THE "AGREEMENT") BETWEEN MINISTRY GUARD LLC, A TEXAS LIMITED LIABILITY COMPANY, INCLUDING THE BRANDS AND AFFILIATES IDENTIFIED IN SECTION 8.5 ("MINISTRY GUARD," "WE," "US," OR "OUR"), AND YOU. BY ORDERING, ACCESSING, OR USING ANY SCREENING SERVICES (DEFINED BELOW), YOU AGREE TO THIS ADDENDUM AND MAKE THE CERTIFICATIONS SET FORTH IN SECTION 3. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SCREENING SERVICES.
Capitalized terms not defined in this Addendum have the meanings given in the Agreement. In the event of a conflict between this Addendum and the Agreement with respect to the Screening Services, this Addendum controls.
1. PURPOSE
The Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"), and analogous state and local laws regulate the preparation, furnishing, and use of consumer reports, including background checks, criminal record searches, ongoing criminal monitoring, and certain social media and online screening. Ministry Guard furnishes Screening Services for the purpose of assisting You in evaluating individuals for employment and volunteer positions. The FCRA permits Ministry Guard to furnish these reports only to users who certify a permissible purpose and who agree to comply with their obligations as users of consumer reports. This Addendum sets forth those certifications and obligations.
2. DEFINITIONS
2.1 "Consumer Report" has the meaning given in FCRA § 603(d) and includes any written, oral, or other communication of information bearing on a Subject's character, general reputation, personal characteristics, or mode of living that is used or expected to be used for Employment Purposes. Consumer Reports furnished through the Screening Services may include criminal record searches, sex offender registry searches, identity verification, motor vehicle records, and online or social media screening reports.
2.2 "Investigative Consumer Report" has the meaning given in FCRA § 603(e) and includes a Consumer Report, or portion thereof, in which information about a Subject's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews or, where applicable law so provides, through review of online content.
2.3 "Employment Purposes" has the meaning given in FCRA § 603(h) and, for purposes of this Addendum, includes evaluating a Subject for employment, promotion, reassignment, or retention as an employee, and evaluating a Subject for an unpaid volunteer position or for retention in such a position. Ministry Guard treats volunteer screening as an Employment Purpose, and You agree to comply with all FCRA requirements applicable to Employment Purposes when screening volunteers.
2.4 "Monitoring Services" means any Screening Service under which Ministry Guard provides ongoing, recurring, or continuous alerts or reports regarding a Subject after an initial Consumer Report, including criminal record monitoring and ongoing social media monitoring.
2.5 "Screening Partner" means any third-party consumer reporting agency, data provider, or vendor from which Ministry Guard obtains, or through which Ministry Guard processes, information included in the Screening Services.
2.6 "Screening Services" means those Services through which Ministry Guard furnishes or makes available Consumer Reports, Investigative Consumer Reports, Monitoring Services, or any other information regarding a Subject, whether prepared by Ministry Guard or obtained from a Screening Partner.
2.7 "Subject" means the individual who is the subject of a Consumer Report or Screening Service.
3. YOUR CERTIFICATIONS
You certify to Ministry Guard, on Your own behalf and on behalf of Your Users, and You acknowledge that Ministry Guard and its Screening Partners are relying on these certifications in furnishing each Consumer Report, that:
3.1 Permissible Purpose. You will request and use Consumer Reports solely for Employment Purposes as defined in Section 2.3, and for no other purpose. You will not request a Consumer Report on any individual who is not a bona fide applicant for, or current holder of, an employment or volunteer position with You. You will not request Consumer Reports on members, congregants, attendees, donors, or other individuals for purposes unrelated to their employment or volunteer service, and You will not use Consumer Reports for personal, curiosity, litigation, tenant screening, or credit purposes.
3.2 Disclosure and Authorization. Before requesting any Consumer Report on a Subject, You will (a) provide the Subject a clear and conspicuous written disclosure, in a document consisting solely of the disclosure, that a Consumer Report may be obtained for Employment Purposes, as required by FCRA § 604(b)(2)(A)(i); and (b) obtain the Subject's written authorization (which may be electronic) to procure the Consumer Report, as required by FCRA § 604(b)(2)(A)(ii). You will retain each disclosure and authorization for not less than five (5) years and will provide copies to Ministry Guard upon request.
3.3 Monitoring Services. Where You use Monitoring Services, You will ensure that Your disclosure and authorization clearly informs the Subject that Consumer Reports may be obtained on an ongoing basis throughout the Subject's employment or volunteer service, to the extent permitted by applicable law. Where applicable state or local law requires a new disclosure or authorization for each subsequent report, You will obtain it before Ministry Guard furnishes that report. You will promptly instruct Ministry Guard to discontinue Monitoring Services for any Subject whose employment or volunteer relationship with You has ended, and You will not use any alert or report received after such relationship has ended.
3.4 Investigative Consumer Reports and Social Media Screening. Where a Screening Service constitutes an Investigative Consumer Report under federal or state law, You will provide the Subject the additional disclosures required by FCRA § 606 and applicable state law, including notice of the Subject's right to request a complete and accurate disclosure of the nature and scope of the investigation. You acknowledge that Ministry Guard's social media screening reports are designed to report only content relevant to lawful screening criteria and to exclude information regarding a Subject's race, color, religion, national origin, sex, age, disability, genetic information, or other characteristics protected under applicable law, and You agree not to request that Ministry Guard include such information or to attempt to obtain it through the Screening Services.
3.5 Pre-Adverse Action. Before taking any adverse action based in whole or in part on a Consumer Report, You will provide the Subject (a) a copy of the Consumer Report; and (b) a copy of the document entitled "A Summary of Your Rights Under the Fair Credit Reporting Act," as prescribed by the Consumer Financial Protection Bureau, as required by FCRA § 604(b)(3). You will then allow the Subject a reasonable period of time to review the report and dispute any inaccurate or incomplete information before the adverse action becomes final. Ministry Guard recommends a period of not less than five (5) business days.
3.6 Adverse Action Notice. After taking adverse action based in whole or in part on a Consumer Report, You will provide the Subject the notice required by FCRA § 615(a), including: (a) notice of the adverse action; (b) the name, address, and telephone number of the consumer reporting agency that furnished the report (which Ministry Guard will identify to You, and which may be Ministry Guard and/or a Screening Partner); (c) a statement that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the Subject the specific reasons why the adverse action was taken; and (d) notice of the Subject's right to obtain a free copy of the report from the consumer reporting agency within sixty (60) days and to dispute the accuracy or completeness of any information in it.
3.7 Compliance with Anti-Discrimination and State Laws. You will not use any Consumer Report in violation of any applicable federal, state, or local equal employment opportunity law or regulation. You are solely responsible for identifying and complying with all state and local laws that apply to Your use of Consumer Reports, including without limitation laws restricting the timing or use of criminal history inquiries ("ban-the-box" and fair chance laws), laws requiring individualized assessment of criminal history, laws imposing additional disclosure or notice requirements (including, where applicable, the California Investigative Consumer Reporting Agencies Act, New York Correction Law Article 23-A, and Texas Business and Commerce Code Chapter 20), and laws limiting the reporting or use of certain records.
3.8 Confidentiality and Security. You will (a) use each Consumer Report only for the purpose for which it was requested and only with respect to the Subject for whom it was requested; (b) restrict access to Consumer Reports to those Users with a legitimate need to know in connection with the Employment Purpose; (c) not disclose any Consumer Report or its contents to any third party except as required by law or as expressly permitted by this Addendum; (d) not resell, share, or otherwise furnish any Consumer Report to any other person or entity; and (e) maintain reasonable administrative, technical, and physical safeguards to protect Consumer Reports and Subject information from unauthorized access, use, or disclosure. When a Consumer Report is no longer needed for the Employment Purpose or required by law to be retained, You will dispose of it in accordance with the FTC Disposal Rule, 16 C.F.R. Part 682, by means that render it unreadable and unrecoverable.
3.9 Accuracy of Information Provided. You will provide Ministry Guard only accurate and complete identifying information regarding each Subject, and You represent that such information was obtained lawfully and with the Subject's knowledge.
3.10 Notice to Users. You acknowledge that You have received and read the document entitled "Notice to Users of Consumer Reports: Obligations of Users Under the FCRA," as prescribed by the Consumer Financial Protection Bureau (Appendix A), and the document entitled "A Summary of Your Rights Under the Fair Credit Reporting Act" (Appendix B), and that You will comply with the obligations described therein.
4. MINISTRY GUARD'S ROLE AND OBLIGATIONS
4.1 Role. Depending on the Screening Service, Ministry Guard acts as a consumer reporting agency, as a reseller of Consumer Reports obtained from Screening Partners within the meaning of FCRA § 603(u), or both. Criminal record, sex offender registry, identity, and similar public record searches are generally obtained from Screening Partners and furnished to You through the Services. Social media and online screening reports may be prepared by Ministry Guard using its Technology.
4.2 Reasonable Procedures. Ministry Guard will follow reasonable procedures to assure maximum possible accuracy of the information contained in Consumer Reports it prepares, as required by FCRA § 607(b), and will require its Screening Partners to do the same with respect to information they furnish. You acknowledge, however, that public records and online content are maintained by third parties, may be incomplete, outdated, misattributed, or inaccurate, and that neither Ministry Guard nor any Screening Partner guarantees the accuracy or completeness of any Consumer Report.
4.3 Disputes and Reinvestigation. If a Subject disputes the accuracy or completeness of information in a Consumer Report, Ministry Guard will, directly or through the applicable Screening Partner, conduct a reasonable reinvestigation in accordance with FCRA § 611 and notify You and the Subject of the results. You will cooperate with any reinvestigation and will not take final adverse action based on disputed information while a reinvestigation is pending, to the extent required by applicable law.
4.4 Disclosures to Subjects. Ministry Guard will, directly or through the applicable Screening Partner, respond to Subject requests for file disclosure as required by FCRA §§ 609 and 612 and applicable state law.
4.5 Not a Decision Maker; No Legal Advice. Ministry Guard does not make employment, volunteer, or any other decisions regarding Subjects and does not evaluate whether any Subject is suitable for any position. All decisions are made solely by You. Ministry Guard does not provide legal advice. Any templates, sample forms, recommendations, training, policies, or other materials that Ministry Guard makes available are provided for Your convenience only, do not constitute legal advice, and do not relieve You of Your obligation to comply with applicable law. You should consult Your own legal counsel regarding Your obligations.
4.6 Artificial Intelligence. Certain Screening Services use artificial intelligence and automated technologies to identify, classify, or summarize publicly available online content. Such technologies may produce errors, including false matches and misclassifications. Ministry Guard applies reasonable procedures, which may include human review, to reduce such errors, but You acknowledge that automated results should be independently reviewed by You before any adverse action is taken and that You remain solely responsible for any decision made in reliance on them.
5. SCREENING PARTNERS
5.1 Pass-Through Certifications. You acknowledge that Ministry Guard's Screening Partners may require Ministry Guard to identify the end user of each Consumer Report and to certify the end user's permissible purpose, as required by FCRA § 607(e). You authorize Ministry Guard to disclose Your identity, business information, and the certifications in this Addendum to its Screening Partners for that purpose.
5.2 Partner Terms and Credentialing. Screening Partners may impose additional end-user terms, certifications, or credentialing requirements as a condition of furnishing Consumer Reports, which may include verification of Your identity and business, a site inspection, or completion of the Screening Partner's end-user agreement. You agree to comply with such requirements as a condition of receiving the affected Screening Services, and You acknowledge that Ministry Guard may be unable to furnish certain Consumer Reports until such requirements are satisfied.
6. COMPLIANCE VERIFICATION AND SUSPENSION
6.1 Records and Audit. You will maintain records sufficient to demonstrate Your compliance with this Addendum, including disclosures, authorizations, and pre-adverse and adverse action notices, for not less than five (5) years following the date of the applicable Consumer Report. Upon reasonable notice, Ministry Guard or its Screening Partner may audit Your compliance with this Addendum, including by requesting copies of such records, and You will cooperate in good faith.
6.2 Suspension. Ministry Guard may immediately suspend or terminate Your access to any or all Screening Services, without liability, if Ministry Guard reasonably believes that You have requested or used a Consumer Report without a permissible purpose, have failed to comply with any certification in Section 3, or have otherwise used the Screening Services in violation of applicable law.
6.3 Notice of Non-Compliance. You will notify Ministry Guard promptly, and in any event within five (5) business days, if You become aware of any unauthorized access to or use of a Consumer Report, any Consumer Report obtained without a permissible purpose, or any complaint, claim, or regulatory inquiry relating to Your use of the Screening Services.
7. INDEMNIFICATION AND LIMITATION OF LIABILITY
7.1 Indemnification. Without limiting Section 8 (Indemnification) of the Agreement, You will indemnify, defend, and hold harmless Ministry Guard, its Screening Partners, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your or Your Users' breach of any certification or obligation in this Addendum; (b) Your use of any Consumer Report, including any employment, volunteer, or other decision made by You; or (c) Your failure to comply with the FCRA or any applicable state or local law in connection with the Screening Services.
7.2 Limitation of Liability. The disclaimers in Section 7.2 (Disclaimers) and the limitations and exclusions in Section 9 (Limitation of Liability) of the Agreement apply in full to the Screening Services and this Addendum. Without limiting the foregoing, Ministry Guard will not be liable for any claim arising from the acts or omissions of any Screening Partner, any inaccuracy in public records or online content maintained by third parties, or any decision made by You in reliance on a Consumer Report.
8. GENERAL
8.1 Term and Survival. This Addendum is effective for so long as You have access to any Screening Service and will terminate automatically upon termination of the Agreement. Sections 3.8, 6.1, 7, and 8 (including Section 8.5) survive any termination.
8.2 Changes in Law. Ministry Guard may update this Addendum upon notice to You as necessary to reflect changes in the FCRA, applicable state or local law, or Screening Partner requirements. Your continued use of the Screening Services following such notice constitutes Your acceptance of the updated Addendum.
8.3 Governing Law. This Addendum is governed by Section 11.2 (Agreement to Governing Law and Jurisdiction) of the Agreement, except that nothing in this Addendum limits the application of the FCRA or any applicable state or local law.
8.4 Acceptance. You accept this Addendum, and make the certifications in Section 3, by clicking to accept it, by signing an Order Form that references it, or by ordering, accessing, or using any Screening Service. The individual accepting this Addendum on Your behalf represents that he or she has authority to bind You and Your Users.
8.5 Brands and Affiliates. Ministry Guard provides the Services under the Ministry Guard name and under the brand name Vigilant Alert. Screening Services may also be provided under the names Compliant Background Chex and Driven Hire, which are operated by Compliant Background Chex LLC, a Texas limited liability company and an Affiliate of Ministry Guard that is in the process of being merged into Ministry Guard LLC. Until that merger is completed, Compliant Background Chex LLC is a party to and beneficiary of this Addendum with respect to the Screening Services it furnishes, and references to "Ministry Guard," "We," "Us," and "Our" include Compliant Background Chex LLC with respect to those Screening Services. Upon completion of the merger, all rights and obligations of Compliant Background Chex LLC under this Addendum and the Agreement will vest in Ministry Guard LLC as successor by merger without further action, and all references to Compliant Background Chex LLC will be deemed references to Ministry Guard LLC. Your certifications in Section 3 are made to, and may be relied upon by, each of the foregoing entities and brands and their Screening Partners. Any adverse action notice You provide under Section 3.6 must identify the consumer reporting agency that Ministry Guard designates for the applicable Consumer Report.
APPENDIX A — Notice to Users of Consumer Reports: Obligations of Users Under the FCRA
The Consumer Financial Protection Bureau's "Notice to Users of Consumer Reports: Obligations of Users Under the FCRA," prescribed in 12 C.F.R. Part 1022, Appendix N, explains the responsibilities of organizations that obtain and use Consumer Reports.
View the official Notice to Users of Consumer Reports
Please review the complete notice. The notice describes multiple uses of Consumer Reports; Your permitted use of Ministry Guard's Screening Services remains limited to the purposes authorized by this Addendum.
APPENDIX B — A Summary of Your Rights Under the Fair Credit Reporting Act
The Consumer Financial Protection Bureau's "A Summary of Your Rights Under the Fair Credit Reporting Act," prescribed in 12 C.F.R. Part 1022, Appendix K, explains the rights of individuals who are the subjects of Consumer Reports.
Download the official Summary of Rights under the FCRA (PDF).
This document is made available to You for use in fulfilling Your obligations under this Addendum. As required by Section 3.5, before taking adverse action based in whole or in part on a Consumer Report, You must provide the Subject with a copy of the Consumer Report and a copy of this Summary of Rights.