3. Subscriber shall request Consumer Report for Employment Purposes, for its own one time use, pursuant to procedures prescribed by Quick Search from time to time only when it is considering the individual inquired upon for employment, promotion, re-assignment or retention as an employee, and for no other purpose.
4. Subscriber certifies that it will not request a Consumer Report for Employment Purposes unless:
a. A clear and conspicuous disclosure and authorization form is first made in writing to the consumer before the report is obtained, in a document that consists solely of the disclosure and authorization form that a consumer report may be obtained for employment purposes.
b. The consumer has authorized in writing the procurement of the report, before a report is requested, which is supplied to the Subscriber by Quick Search.
c. Information from the Consumer Report for Employment Purposes will not be used in violation of any applicable federal or state equal employment opportunity law or regulation.
5. Subscriber further certifies that before taking adverse in whole or part based on the Consumer Report for Employment Purposes, it will provide notice to the consumer of the contemplated action and include:
a. A copy of the Consumer Report for Employment Purposes; and
b. A copy of the consumer’s rights in the format approved by the Consumer Financial Protection Bureau, which notice shall be supplied to the Subscriber by Quick Search.
6. After taking adverse action, based in whole or in part, on information contained in a consumer report, Subscriber will provide notice of that action and (a) provide the name, address and telephone number of Quick Search; (b) inform the consumer that he/she is entitled to a free copy of the report, and has the right to dispute the report with Quick Search; (c) inform the consumer that Quick Search cannot tell them the specific reasons why adverse action was taken; and (d) copy of consumer rights under the FCRA and copy of the report.
7. Subscriber agrees that it shall hold the report in strict confidence, and not disclose it to any third parties not involved in the employment decision, and Subscriber will protect the information from unauthorized internal and external access.
8. Subscriber agrees that it shall maintain records of all disclosures, authorizations, consumer reports, and adverse action taken for a period of no less than six years, regardless of employment decision.
9. With just cause, such as delinquency or violation of the terms of this contract or a legal requirement, either Quick Search or subscriber may, upon its election, cancel this Agreement immediately.
10. Failure to comply with the Fair Credit Reporting Act requirements can result in state or federal enforcement action, as well as, private lawsuits. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution, resulting in a fine and up to two years in prison, 15 U.S.C. §1681q.
11. When Subscriber disposes of any report, it shall cause such to be destroyed by cross shredding, burning or electronic destruction, as required by regulations issued by the Federal Trade Commission, which results in the material being unreadable.
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