Justifacts Service Agreement
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Credential Verification, |
MJ Justifacts
Justifacts Client Startup Package
Credential Verification, Inc.
J Justifacts
Justifacts Credential Verification, Inc.
Last Revised on 02/18/2021
Attached you will find documents and information that you will need to get started with
Justifacts. These include:
Credential Verification Service Agreement — This agreement needs to be completed and
executed prior to initiation of services to client.
Exhibit A - Agreement to Abide By The Fair Credit Reporting Act (FCRA)
Exhibit B -Access Security Requirements
Exhibit C - Fee Schedule
Client Application
New Client Profile — The information you provide on the New Client Profile helps your
dedicated account manager and his/her team to understand your company and your background
screening preferences.
Information for your files — This information includes standard requirements under the FCRA.
Please carefully review the Notice to Users of Consumer Reports. \f you have questions regarding
your obligations under the FCRA, please contact your Sales Manager.
Please complete and return the Credential Verification Service
Agreement and exhibits, Client Application and New Client Profile
Remainder is for your records — please save/store for future reference
Please feel free to call with any questions!
800-356-6885
Mike Jackson — Sales Representative
Justifacts Credential Verification, Inc.
Startup Package | Justifacts Credential Verification, Inc.
Justifacts Credential Verification, Inc
Credential Verification Service Agreement
This Credential Verification Service Agreement (“Agreement”) is entered into and effective as of
March 2, 2021 (“Effective Date”), by and between Justifacts Credential Verification, Inc.
(“Justifacts”), a Pennsylvania Corporation with offices at 5250 Logan Ferry Road, Murrysville PA
15668 and The City of El Mirage (“Client).
WHEREAS, Justifacts has certain specialized knowledge, experience and skills related to pre-
employment background investigation/credential verification (herein after Verification Services);
and
WHEREAS, Client desires to receive such Verification Services in accordance with the terms and
conditions set forth in this Agreement;
NOW THEREFORE, in consideration of the agreements and covenants set forth herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1, OBILIGATIONS OF JUSTIFACTS.
1.1 Compliance with law. During the term of this Agreement, Justifacts will provide
Verification Services in accordance with the Fair Credit Reporting Act (“FCRA”) and any
applicable state laws. The Verification Services include all activities related to the creation
of a consumer report or investigative consumer report, as defined in section 603 of the
FCRA, concerning certain individuals who:
a. Have applied for employment with the Client or who are currently employed by the
Client; or
b. Have initiated a business transaction with Client; or
c. Have given written instructions specifying the purpose for obtaining a consumer
report.
1.2 Service Initiation. Justifacts agrees to perform Verification Services for the Client
upon receipt of a properly executed Credential Verification Service Agreement as well as
an executed Agreement to Abide by the Fair Credit Reporting Act (Exhibit A). The
Verification Services will be initiated by the Client via order entry into Justifacts online
Internet based website, Justiweb, or via an integrated and secure connection between
Justifacts and Client. Justifacts will only perform those services specifically requested by
the Client.
1.3 Product Produced. Justifacts will electronically return a completed Background
Screening Report (“Report”) detailing the results of the requested Verification Service(s) to
the Client via the online Internet based system, Justiweb, or via an integrated and secure
connection between Justifacts and Client.
1.4 Customer Support. Justifacts will provide Client with all levels of customer support,
consistent with industry standards. Customer Service will be provided via live online chat,
inbound live telephone calls, inbound mail, inbound email and inbound fax during normal
business hours, currently between 8:00 am Eastern time and 8:00 pm Eastern Time.
Startup Package | Justifacts Credential Verification, Inc.
1.5 Data Security and Privacy. Justifacts shall maintain a comprehensive information
security program written in one or more readily accessible parts and that contains
administrative, technical, and physical safeguards that are appropriate for the nature and
scope of its activities, and the sensitivity of the information provided to Justifacts by Client;
and that such safeguards shall include the elements set forth in 16 C.F.R. § 314.4 and shall
be reasonably designed to (i) insure the security and confidentiality of the information
provided by Client, (ii) protect against any anticipated threats or hazards to the security or
integrity of such information, and (iii) protect against unauthorized access to or use of such
information that could result in substantial harm or inconvenience to any consumer. At
minimum, Justifacts shall comply with the Access Security Requirements set forth in
Exhibit “B”. Justifacts is not responsible for any disclosure or compromise of such data due
to Clients acts or omissions or resulting from use of Clients logins and passwords, due to
no fault of Justifacts.
1.6 Record keeping. During the term of this Agreement, Justifacts shall maintain Reports
on the Justifacts system for a minimum of seven (7) years in the active Justiweb database,
and eight (8) to ten (10) years of data will be stored on cold storage. Following the
expiration or termination of this Agreement, Justifacts will provide a reasonable
opportunity to allow Client to: (i) download copies of any Reports, and/or (ii) obtain from
Justifacts, at Justifacts then current fee, a disc or other similar media containing copies of
Reports. After ten (10) years, Justifacts shall have no further duty to maintain copies of
Reports for access by Client.
OBLIGATIONS OF CLIENT.
2.1 Exclusive Use. Client agrees that the information will be requested for Client’s
exclusive use and shall not be resold or shared with third parties. All consumer
information will be held in strict confidence, except as permitted by law. Reports on
applicants or employees will be requested only by Client’s designated representatives,
identified in writing to Justifacts by Client. Employees of Client shall be forbidden to
attempt to obtain reports on themselves, associates, or any other person except in the
exercise of their official duties.
2.2 FCRA Compliance. Client will complete the Justifacts Agreement to Abide by the
Fair Credit Reporting Act (“Exhibit A”) and acknowledges that they have received the
following notices prescribed by the FCRA: (1) Notice to Users of Consumer Reports; and
(2) Summary of Consumer rights under the FCRA.
2.3 GLB Act Compliance. The federal Gramm-Leach Bliley Act, 15 U.S.C.A. Section
6801 et.seq (2000), ("GLB Act") was enacted to protect the use and disclosure of non-
public personal information, including, in certain instances, the use of identifying
information only. Client agrees that it will comply with all GLB Act requirements as they
apply to information provided by Justifacts and shall restrict the use of such information for
employment or background screening purposes only.
2.4 Data Security and Privacy. Client shall maintain a comprehensive information
security program written in one or more readily accessible parts and that contains
administrative, technical, and physical safeguards that are appropriate to Client size and
complexity, the nature and scope of its activities, and the sensitivity of the information
provided to Client by Justifacts; and that such safeguards shall include the clements set
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forth in 16 C.F.R. § 314.4 and shall be reasonably designed to (i) insure the security and
confidentiality of the information provided by Justifacts, (ii) protect against any anticipated
threats or hazards to the security or integrity of such information, and (iii) protect against
unauthorized access to or use of such information that could result in substantial harm or
inconvenience to any consumer. At minimum, Justifacts recommends the Access Security
Requirements set forth in Exhibit “B”.
2.5 Legal counsel/advice. Client agrees that Justifacts is not engaged to provide legal
advice and that it is incumbent upon the Client to engage its own legal counsel to ensure
that they are in compliance with all requirements of the FCRA as well as all other
applicable state and federal laws. Client acknowledges that Justifacts does not offer
opinions on report content and that Client shall base its screening process on its own
background screening policy. Any forms provided by Justifacts are for informational
purposes only and not for the purpose of providing legal advice. Justifacts recommends that
Client have all forms reviewed by legal counsel to determine the suitability for Clients
specific situation.
2.6 Record keeping, Because of the unique nature of the Verification Services provided by
Justifacts and requirements placed on Justifacts in obtaining information according to
federal and state law and third-party contractual obligations, Justifacts may perform
periodic audits or be required to supply verification that Client is in compliance with this
Agreement. Except for those documents hosted on Justifacts system, Client agrees to
maintain in its records a copy of all consent forms, disclosures and pre-adverse and adverse
action notices for a minimum of 5 years and Client shall, upon reasonable notice, provide
Justifacts or its designated representatives such documents to show compliance with its
obligations in this Agreement.
2.7 Account Access. Client shall designate a primary contact (Contact) for the Justifacts
account who shall be responsible for the administration and control of Clients account. The
Contact shall identify and authorize all Client users and their level of access to the
Justifacts system and will promptly notify Justifacts of any changes to users or access
privileges.
FEES. Client agrees to pay Justifacts for providing Verification Services according to the
Fee Schedule set forth in Exhibit “C”. If Client requests additional services not initially set
forth in the Fee Schedule, such added services will be hereby incorporated into this
Agreement at Justifacts then-current rate unless otherwise mutually agreed-upon in writing
by the parties. Client acknowledges that it will be responsible for charges resulting from its
data input errors, duplicate requests and request cancellations initiated after processing has
commenced. Client shall pay all pass-through fees incurred from information sources
(including but not limited to The Work#, National Student Clearinghouse, DMV, courts,
etc) for release of information or records used in compiling the Verification Services. Such
pass-through fees are subject to change without prior notice. If at any time there are any
changes in laws or government regulations that increase Justifacts cost to provide services
or reasonably requires additional services to be provided by Justifacts, or in Justifacts
determination restrict its ability to reasonably continue to provide the service(s) in this
Agreement, Justifacts may, upon providing prior written notice to Client: (i) add a
reasonable fee or pricing change to cover the added costs of providing the affected
service(s), and/or (ii) modify or cease providing the affected service(s). Justifacts will
conduct annual audits of Client account to determine order history, number of reports
requested and criminal hit ratio (Number of reports with a criminal record/total number of
Startup Package | Justifacts Credential Verification, Inc.
criminal record reports requested). If the volume of requests does not meet anticipated
levels, Justifacts may, upon providing 30-day prior written notice to Client, increase the
cost of services provided to meet the actual volume of report requests. If the hit ratio for
criminal records exceeds 25%, Justifacts may, upon providing 30-day prior written notice
to Client, increase the cost of criminal record search requests to meet the higher rate of
criminal records found.
PAYMENTS. Justifacts shall invoice Client on a monthly basis and Client will promptly
review each invoice and notify Justifacts of any errors or disputes on or before the due date
of such invoice. Within thirty (30) days of the date of an invoice from Justifacts, Client will
submit payment for all undisputed amounts. Accepted forms of payment are check, ACH,
and credit card ; funds remitted via credit card will be subject to a 3% fee on the gross
invoice amount. If all undisputed amounts are not received by Justifacts by the due date,
Justifacts may: (i) suspend Client’s account until all delinquent payments are received,
and/or (ii) charge Client a finance charge of 14% per month or a minimum of $1,
whichever is greater, and/or (iii) charge a late fee of $15 for all undisputed amounts
outstanding over 60 days. In the event of a dispute regarding fees or charges, the parties
will use reasonable efforts to discuss in good faith and come to an agreement regarding
resolution of such dispute. All amounts to be paid herein will be in U.S. Dollars.
TERM AND TERMINATION.
5.1 Term. The term of this Agreement will be three (3) years from the date of this
Agreement unless otherwise terminated as provided herein. The term of this Agreement
shall automatically renew on a month-to-month basis until either party terminates the
agreement by giving the other party not less than thirty (30) days written notice of
termination before the end of the then current term.
5.2 Material Breach. For the purposes of this Agreement, Justifacts will be deemed to be
in material breach of this agreement in that event that; (i) there are consistent or repeated
material errors or inaccuracies with regard to the Verification Services provided by
Justifacts of which Justifacts has prior notice from Client, and for which an opportunity to
cure was provided; or (ii) Client receives repeated complaints from Client users regarding
the Verification Services, Justifacts has notice of such complaints and such complaints are
not resolved to the satisfaction of Client. For the purposes of this agreement, Client will be
in material breach of this agreement in the event that (i) its determined that Client is not in
compliance with any federal or state law concerning the request, use or dissemination of
information contained in the consumer reports provided by Justifacts, (ii) information is
being requested by Client users on themselves or on individuals who have not properly
authorized the collection or use of the information (iii) information is being resold or (iv)
Client fails to pay invoice within the agreed payment terms. If either party is deemed to be
in material breach, the non-breaching party may terminate this Agreement immediately
upon written notice that the material breach remains uncured fifteen (15) days after the
breaching party’s receipt of the written notice of the breach pursuant to Section 5.3 (i)
below.
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5.3 Termination. This Agreement may be terminated by the parties as follows: (i) Either
party may terminate this Agreement at any time in the event of a material breach by the
other party of any provision of this Agreement that remains uncured fifteen (15) days after
the breaching party’s receipt of written notice of the breach; (ii) Either party may terminate
this Agreement immediately if the other party becomes insolvent, or is unable to pay its
debts or perform its obligations when due, or enters into or files (or has filed or commenced
against it) a petition, arrangement, action or other proceeding seeking relief or protection
under the bankruptcy laws of the United States or similar laws of the United States or any
state of the United States or transfers all of its assets to another person or entity.
WARRANTY. Each party warrants and represents to the other party that it has full power
and authority to enter into this Agreement and to carry out its obligations hereunder.
Justifacts warrants to Client that (i) Justifacts has the authority to perform the Verification
Services; (ii) during the term of this Agreement, Justifacts will comply with all laws
applicable to the performance of the Verification Services as well as preparation, content,
licensing, distribution and transmission of the products or services offered for sale on the
Justifacts website in each jurisdiction where such compliance by Justifacts is necessary.
Client warrants to Justifacts during the term of this Agreement, Client will comply with all
laws applicable to the Client in respect to the preparation, content, licensing, distribution
and transmission and use of the Verification Services provided by Justifacts.
INDEMNITY. Client agrees to defend, indemnify and hold Justifacts harmless from any
and all liabilities, damages, claims, and cost of defense or actions arising out of any claim
(a) relating to the performance or breach of Clients obligations or responsibilities under this
Agreement; (b) relating to the preparation, submission, dissemination or any information
contained in a report under dispute by a consumer, provided that Justifacts promptly
notifies Client of the consumer dispute and Client takes any adverse action against the
consumer prior to receiving notification of the resolution of same from Justifacts. This
indemnification and hold harmless provision will extend to damages, costs, and the
expense of defending any claim against Justifacts. Justifacts will promptly notify Client of
any suit or threat of suit that may obligate Client to indemnify Justifacts under the above
provisions and be given reasonable opportunity to defend same. Justifacts will reasonably
cooperate with Client with regard to the defense of any suit or threatened suit and Client
will have authority to settle, pay or otherwise dispose of any such suit or threatened suit,
subject to the approval of Justifacts, which approval will not be unreasonably withheld.
Justifacts agrees to defend, indemnify and hold Client harmless from any and all liabilities,
damages, claims, and cost of defense or actions arising out of any claim (a) relating to the
performance or breach of Justifacts obligations or responsibilities under this Agreement.
This indemnification and hold harmless provision will extend to damages, costs, and the
expense of defending any claim against Client. Client will promptly notify Justifacts of
any suit or threat of suit that may obligate Justifacts to indemnify Client under the above
provisions and be given reasonable opportunity to defend same. Client will reasonably
cooperate with Justifacts with regard to the defense of any suit or threatened ‘suit and
Justifacts will have authority to settle, pay or otherwise dispose of any such suit or
threatened suit, subject to the approval of Client, which approval will not be unreasonably
withheld.
Startup Package | Justifacts Credential Verification, Inc.
8.
10.
WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN THIS
AGREEMENT, NEITHER PARTY MAKES, AND EACH PARTY SPECIFICALLY
DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, AND
IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR
PERFORMANCE.
LIMITATION OF LIABILITY. EXCEPT WITH RESPECT TO (I) EACH PARTY’S
INDEMNITY OBLIGATIONS HEREUNDER, dp BREACHES OF
CONFIDENTIALITY OBLIGATIONS UNDER SECTION 10, AND (III) ACTS OF
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL EITHER
PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL INCIDENTAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND
WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE, AND WHETHER OR
NOT THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
CONFIDENTIALITY.
10.1 Confidential Information. “Confidential Information” will mean and refer to
information about the disclosing party’s (or its suppliers) business or activities that is
proprietary and confidential including but not limited to: (i) any and all information relating
to the consumer reports created at the request of Client; (ii) any and all information
contained in any usage reports or related to all terms and conditions of this Agreement and
all attachments hereto; (iii) all business, financial, technical and other information of a
party marked or designated by such party as “confidential” or “proprietary”; or (iv)
information which, by the nature of the circumstances surrounding the disclosure, ought in
good faith to be treated as confidential.
10.2 Exclusions. Confidential Information will not include information that (i) is in or
enters the public domain without breach of this Agreement, (ii) the receiving party lawfully
receives from a third party without restriction on disclosure and without breach of a
nondisclosure obligation or (iii) the receiving party knew prior to receiving such
information from the disclosing party or (iv) the receiving party develops independently of
the other party’s Confidential Information.
10.3 Use and Disclosure Restrictions. Each party agrees (i) that it will not disclose to any
third-party or use any Confidential Information disclosed to it by the other except as
expressly permitted in this Agreement and (ii) that it will take all reasonable measures to
maintain the confidentiality of all Confidential Information of the other party in its
possession or control, which will in no event be less than a reasonable degree of care.
Notwithstanding the foregoing, each party may disclose Confidential Information (i) to the
extent required by a court of competent jurisdiction or other governmental authority or
otherwise as required by law or (ii) on a “need-to-know” basis under an obligation of
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confidentiality to its legal counsel, accountants, banks and other financing sources and their
advisors or (iii) to the extent needed to complete the requested Verification Services.
10.4 Personal Data Breach Each Party shall promptly notify the other Party upon becoming
aware of a Personal Data Breach affecting Confidential Information. Such notification shall, as
a minimum, include sufficient information to allow either Party to fulfill its obligations under
applicable law, including: (i) description of the nature of the breach; (ii) the Confidential
Information involved; and (iii) description of the measures taken or proposed to be taken to
address the breach.
Each Party shall cooperate with the other Party and take reasonable commercial steps to assist
in the investigation, mitigation, and remediation of such Personal Data Breach.
11. GENERAL,
11.1 Modification. Any amendment, modification, supplement, or other change to any
provision of this Agreement must be in writing and signed by both parties. All amendments
or modifications of this Agreement will be binding upon the parties despite any lack of
consideration so long as such amendments or modifications are in writing and executed by
the parties.
11.2 Waiver. All waivers must be in a writing signed by the waiving party. The failure of
either party to insist upon strict performance of any provision of this Agreement, or to
exercise any right provided in this Agreement, will not be considered a waiver for the
future exercise of such provision or right. No waiver of any provision or right will affect
the right of the waiving party to enforce any other provision or right in this Agreement.
11.3 Independent Parties. The parties to this Agreement are independent parties and
nothing herein will be construed as creating an employment, agency, joint venture or
partnership relationship between the parties. Neither party will have any right, power or
authority to enter into any agreement for or on behalf of, or incur any obligation or liability,
or to otherwise bind, the other party.
11.4 No Assignment. Neither party may assign their obligations or rights under this
Agreement without the other party’s written consent, provided that either party may assign
this Agreement without the other’s consent to a successor in interest in the event of a
reorganization, merger, consolidation, or sale of all or substantially all of its assets.
11.5 Compliance with Laws. Each party will comply with all laws, rules, and regulations
of the United States. This Agreement is in the English language only, which language will
be controlling in all respects, and all versions of this Agreement in any other language will
be for accommodation only and will not be binding upon the parties hereto. All
communications and notices to be made or given pursuant to this Agreement will be in the
English language.
11.6 Jurisdiction. The Agreement will be governed by the internal laws of the state of
Pennsylvania without regard to conflict of laws provisions. Client hereby irrevocably
consents to the personal jurisdiction of the federal and state courts sitting in Allegheny
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County in the State of Pennsylvania, and to service of process within or without
Pennsylvania. Client further agrees that any court action relating to the enforcement of any
judgment or seeking injunctive or other equitable relief will be brought in such courts.
11.7 Construction. Except as specifically provided in this Agreement, all notices required
hereunder will be in writing and will be effective when received. This Agreement,
including any exhibits attached hereto, constitutes the entire understanding and agreement
with respect to its subject matter, and supersedes any and all prior or contemporaneous
representations, understandings and agreements whether oral or written between the parties
relating to the subject matter of this Agreement. In the event that any provision of this
Agreement is found to be invalid or unenforceable pursuant to judicial decree or decision,
the remainder of this Agreement will remain valid and enforceable according to its terms.
The section and paragraph headings used in this Agreement are inserted for convenience
only and will not affect the meaning or interpretation of this Agreement.
The parties have duly executed this Agreement by the authorized signatures below.
Client:
By:
Justifacts Credential Verification, Inc.
By: SA. d A
Name:
Title:
Name AA raw Vler-
Title: Vp ~ Cobakael heer: Be,
E-Mail:
Date:
Date: as/) fel
Startup Package | Justifacts Credential Verification, Inc.
Exhibit A- AGREEMENT TO ABIDE BY THE FAIR CREDIT
REPORTING ACT
Client certifies and agrees:
That it will comply with the Fair Credit Reporting Act as amended by the Consumer Credit Reporting Reform Act of
1996 (hereinafter FCRA) and all other applicable statutes, both state and federal.
That each request for a consumer report or an investigative consumer report is being obtained for the following purposes
and for no other purpose:
X_ (A) for employment purposes
(B) in connection with a business transaction initiated by the consumer, which is:
(C) In accordance with the written instructions of the consumer
That information will be requested only for the Clients exclusive use and will not be otherwise distributed or sold. Client
shall use each Consumer Report only for one time use and shall hold the report in strict confidence, except to the extent
permitted by law. Reports on employees will be requested only by Client’s designated representatives. Client users are
forbidden to attempt to obtain reports on themselves, associates, or any other person except in the exercise of their
official duties.
That each time a request for a consumer report and/or a investigative consumer report is made of Justifacts for
employment purposes, Client has complied with §604(b)(1) and §604(b)(2) and will comply with §604(b)(3),
§604(b)(4) and §606(a) of the FCRA and that each time a request for an investigative consumer report is made of
Justifacts for any any purpose, Client will comply with §606(a) of the FCRA:
§604(b): (1) the consumer has been given a clear and conspicuous written disclosure, in advance (in a
document that consists solely of the disclosure), that a consumer report may be requested for employment
purposes; (2) the consumer has authorized the Client, in writing, to procure the report; (3) the information in
the consumer report will not be used in violation of any applicable federal or state equal employment
opportunity law or regulation as well as any law providing consumer credit or consumer identity protection;
(4) before taking adverse action, based in whole or in part on the report, Client will; (a) provide the consumer
a copy of the report and a copy of “The Summary of Your Rights under the FCRA”; (b) allow the consumer
a designated period of time to contact Justifacts if the consumer wishes to dispute any information in the
consumer report; (c) provide the Justifacts contact information; and (d) provide a final adverse action notice
to the consumer if a final adverse employment decision is made.
§606(a): (1) provide the consumer with a clear and accurate written disclosure, no later than three days after
the report is requested, that a report may be made including information as to their character, general
reputation, personal characteristics and mode of living; (2) provide the consumer a copy of the “Summary of
Your Rights under the FCRA”; (3) provide a statement that the consumer has the right to request additional
disclosures and to provide these disclosures when requested by the consumer.
That Client has received the following notices prescribed by the FCRA: (1) Notice to Users of Consumer Reports; and
(2) Summary of Consumer rights under the FCRA. It is incumbent upon the client to engage its own legal counsel to
ensure that they are in compliance with all requirements of the FCRA as well as all state and federal employment law.
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The individual whose signature appears below represents that they are authorized to enter into this agreement on behalf
of the Client.
CLIENT
Company:
Signature:
Print Name:
Title:
Date:
ACCEPTED BY
Justifacts Credential Verification, Inc.
Signature: DM. Mh
Print Name: GP Lin Yb
ritte:_ LP Carlarbecl ILecetds
Date: esheets
7?
Startup Package | Justifacts Credential Verification, Inc.
hibit B - Access Security Requirements
We must work together to protect the privacy and information of consumers. The following information security
measures are designed to reduce unauthorized access to consumer information. It is Clients responsibility to
implement these controls. Justifacts reserves the right to make changes to the Access Security Requirements without
notification.
Justifacts understands that the access security requirements are comprehensive and that some requirements may
not apply if reports are being stored on Justifacts system only and not electronically stored by me. In accessing the
services provided, Justifacts recommends that Client follow these security requirements:
1. Implement Strong Access Control Measures
1.1
1.2
1.3
1.4
15
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
Do not provide your account Access Codes or passwords to anyone. No one from Justifacts will
ever contact you and request your Access Codes or password.
Proprietary or third party system access software must have Access Codes and password(s) hidden
or embedded. Account numbers and passwords should be known only by supervisory personnel.
You must request your Access Code / password be changed immediately when:
Any system access software is replaced by system access software or is no longer used;
© The hardware on which the software resides is upgraded, changed or disposed of
Protect Justifacts Access Code(s) and password(s) so that only key personnel know this sensitive
information. Unauthorized personnel should not have knowledge of your Access Code(s) and
password(s).
Create a separate, unique user ID for each user to enable individual authentication and
accountability for access to the credit reporting agency’s infrastructure. Each user of the system
access software must also have a unique logon password.
Ensure that user IDs are not shared and that no Peer-to-Peer file sharing is enabled on those users’
profiles.
Keep user passwords Confidential.
Develop strong passwords that are:
© Not easily guessable (i.e. your name or company name, repeating numbers and letters or
consecutive numbers and letters)
© Contain a minimum of seven (7) alpha/numeric characters for standard user accounts
Implement password protected screensavers with a maximum fifteen (15) minute timeout to
protect unattended workstations.
Active logins to Justifacts information systems must be configured with a 30 minute inactive
session, timeout.
Restrict the number of key personnel who have access to Justifacts information.
Ensure that personnel who are authorized access to Justifacts information have a business need to
access such information and understand these requirements to access such information are only
for the permissible purposes listed in the Permissible Purpose Information section of your client
application.
Ensure that you and your employees do not access your own background/credit reports or those
reports of any family member(s) or friend(s) unless it is in connection with a business transaction or
for another permissible purpose.
Implement a process to terminate access rights immediately for users who access Justifacts
information when those users are terminated or when they have a change in their job tasks and no
longer require access to that credit information.
After normal business hours, turn off and lock all devices or systems used to access Justifacts
reporting systems and information.
Implement physical security controls to prevent unauthorized entry to your facility and access to
systems used to obtain background reporting and credit information.
2. Maintain a Vulnerability Management Program
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2.1
2.2
2.3
2.4
3. Protect Data
3.1
3.2
3.3
3.4
3.5
Keep operating system(s), Firewalls, Routers, servers, personal computers (laptop and desktop) and
all other systems current with appropriate system patches and updates.
Configure infrastructure such as Firewalls, Routers, personal computers, and similar components to
industry best security practices, including disabling unnecessary services or features, removing or
changing default passwords, IDs and sample files/programs, and enabling the most secure
configuration features to avoid unnecessary risks.
Implement and follow current best security practices for Computer Virus detection scanning
services and procedures:
e Use, implement and maintain a current, commercially available Computer Virus
detection/scanning product on all computers, systems and networks.
© If you suspect an actual or potential virus, immediately cease accessing the system and do not
resume the inquiry process until the virus has been eliminated.
© On a weekly basis at a minimum, keep anti-virus software up-to-date by vigilantly checking or
configuring auto updates and installing new virus definition files.
Implement and follow current best security practices for computer anti-Spyware scanning services
and procedures:
© Use, implement and maintain a current, commercially available computer anti-Spyware scanning
product on all computers, systems and networks.
© If you suspect actual or potential Spyware, immediately cease accessing the system and do not
resume the inquiry process until the problem has been resolved and eliminated.
¢ Run a secondary anti-Spyware scan upon completion of the first scan to ensure all Spyware has
been removed from your computers.
¢ Keep anti-Spyware software up-to-date by vigilantly checking or configuring auto updates and
installing new anti-Spyware definition files weekly, at a minimum. If your company’s computers
have unfiltered or unblocked access to the Internet (which prevents access to some known
problematic sites), then it is recommended that anti-Spyware scans be completed more frequently
than weekly.
Develop and follow procedures to ensure that data is protected throughout its entire information
lifecycle (from creation, transformation, use, storage and secure destruction) regardless of the
media used to store the data (i.e., tape, disk, paper, etc.)
All Justifacts background reporting and credit data is classified as Confidential and must be secured
to this requirement at a minimum.
Procedures for transmission, disclosure, storage, destruction and any other information modalities
or media should address all aspects of the lifecycle of the information.
Encrypt all Justifacts reports and information when stored on any laptop computer and in the
database using AES or 3DES with 128-bit key encryption at a minimum.
Only open email attachments and links from trusted sources and after verifying legitimacy.
4. Maintain an Information Security Policy
41
4.2
4.3
4.4
Develop and follow a security plan to protect the Confidentiality and integrity of personal
consumer information as required under the GLB Safeguard Rule.
Establish processes and procedures for responding to security violations, unusual or suspicious
events and similar incidents to limit damage or unauthorized access to information assets and to
permit identification and prosecution of violators.
The FACTA Disposal Rules requires that you implement appropriate measures to dispose of any
sensitive information related to consumer credit reports and records that will protect against
unauthorized access or use of that information.
Implement and maintain ongoing mandatory security training and awareness sessions for all staff
to underscore the importance of security within your organization.
5. Build and Maintain a Secure Network
Startup Package | Justifacts Credential Verification, Inc.
5.1
5.2
5.3
5.4
5.5
5.6
Protect Internet connections with dedicated, industry-recognized Firewalls that are configured and
managed using industry best security practices.
Internal private Internet Protocol (IP) addresses must not be publicly accessible or natively routed
to the Internet. Network address translation (NAT) technology should be used.
Administrative access to Firewalls and servers must be performed through a secure internal wired
connection only.
Any stand alone computers that directly access the Internet must have a desktop Firewall deployed
that is installed and configured to block unnecessary/unused ports, services and network traffic.
Encrypt Wireless access points with a minimum of WEP 128 bit encryption, WPA encryption where
available.
Disable vendor default passwords, SSIDs and IP Addresses on Wireless access points and restrict
authentication on the configuration of the access point.
6. Regularly Monitor and Test Networks
6.1
6.2
Perform regular tests on information systems (port scanning, virus scanning, vulnerability
scanning).
Use current best practices to protect your telecommunications systems and any computer system
or network device(s) you use to provide Services hereunder to access Justifacts systems and
networks. These controls should be selected and implemented to reduce the risk of infiltration,
hacking, access penetration or exposure to an unauthorized third party by:
* protecting against intrusions;
securing the computer systems and network devices;
and protecting against intrusions of operating systems or software.
Startup Package | Justifacts Credential Verification, inc. ET
Exhibit C — Fee
Justifacts Credential Verification, Inc Background Check solution includes:
Service Price
All Areas of Residence Per Name for 7 Years Package:
® Social Security Trace (Name and address history) $ 1.95
e All Counties of Residence Criminal Record Search* (Searches all $18.00
areas. of Residence in the past 7 years as per the Social Security Trace,
Ber. name)
© National Criminal Database (Multistate criminal record search, $5.00
includes 50 state sex offender registry, GSA, OIG
gud OFAC government watch list}(per name)
© Comprehensive Employment Verification* $30.00
(Verifies up to 3 employers within the last 7 years.
Job title, employment dates, salary, reason for leaving,
and rehire eligibility will be verified. This also includes a minimum 2
performance reviews from supervisors, or references will be substituted)
e Federal District Criminal Record Check* $5.00
e Confirmation of Degree* $6.00
e Motor Vehicle Record Check* $3.00
Total: $68.95
Individual Options Add any of the below searches to a package or order
individually
DOT Employment Verifications (Per VEriCALHON)......cssesssesesesisesnissasesniiess $10.00
Additional Employment or Reference CHECKS (C8CH)......ccccsesisiesieseereenneren $15.00
Startup Package | Justifacts Credential Verification, Inc.
Service Price
Account set-up and access levels for unlimited Client users Included
Online report ordering and retrieval Included
Online Applicant web portal Included
Online Administrative Reports Included
Online Adverse Action Letters Included
Online Resource Center Included
ATS/HRIS integration Included
U.S. Based Customer Support (Telephone, email, live chat) Included
Automated status notifications Included
Individualized Assessment Tool Included
Optional Features:
Applicant Tracking System
Electronic 19 System
Employee Monitoring System
Adverse Action Letter Handling
CA applicant check box/AB 1068 report delivery
Order Entry
System Customization options
Startup Package | Justifacts Credential Verification, Inc.
Fees levied by Federal, State, County and other governmental agencies for searches undertaken will be passed through to
Subscriber in addition to the fees charged by Justifacts. Such fees may include case copies associated with records found,
administrative fees, and/or third-party fees. Additional criminal searches including counties added by Subscriber outside of those
found by the social trace, including aliases and maiden names will be billed at a la carte rates.
Fees levied by educational institutions and/or employers and those who have retained third party vendors to respond to
requests for verifications of education and employment will be passed through to Subscriber in addition to the fees charged by
Justifacts,
***National Criminal Database: if a criminal record is indicated on the National Criminal Database search, the appropriate county
criminal record search will automatically be added at the additional county search cost.
Drug/Medical Testing Pricing:
In Network : All drug/medical testing performed at In Network collection facilities (LabCorp or Quest owned Patient Service
Centers or other laboratory-owned and managed collection facilities authorized for Subscriber's use, but excluding laboratory
preferred third party network collection sites) includes the cost of specimen collection, laboratory testing and MRO review.
Preferred Third Party Network Fee: The “Preferred Network" drug/medical testing service fee is incurred when using a Preferred
Clinic Network facility.
Out of Network Fee: The "Out of Network" drug/medical testing service fee is incurred when using collection facilities that are
Out of Network (i.e., not pre-established and authorized for Subscriber's program).
Reschedule Fee: There is a $5 reschedule fee for any drug/\medical test that needs to be rescheduled due to expiration of the
original request or to obtain a different collection location.
Certificate Fee: There is a $1 fee to have drug test certificates uploaded to the Justifacts system when using services that do not
automatically include the certificate upload.
Public Record Fees:
1) State/County/Unified Court fees— Some jurisdictions impose fees to access their information. All governmental fees to access
records are passed through to client.
2) Case copies — In those instances where case copies are required, Justifacts passes through any associated costs with obtaining
copies of court cases.
3) Archive fees — In those instances where a case is archived, some jurisdictions charge fees to retrieve archived cases. Justifacts
passes through all costs associated with obtaining archived files.
4) Out of Scope fees — in those instances where a client requires a case outside of the normal 7-year scope of a Justifacts report,
additional fees may be imposed.
5) Excessive case fees — Justifacts will charge fees on a per-case basis when a requested search returns more than 15 cases on an
individual. This fee varies based on jurisdiction.
6) Civil Record Fees — All civil searches are searches of the courts name index only. Any case found must be ordered at additional
cost to confirm personal identifiers
***There is a one-time $65 start-up fee and a $.25 security/compliance fee per each report requested.***
Startup Package | Justifacts Credential Verification, Inc.
Startup Package | Justifacts Credential Verification, Inc.
Justifacts Credential Verification, Inc.
5250 Logan Ferry Road
Murrysville, PA 15668
PH (412) 798-4790 FX (412) 798-4799
Client Application
Date of Application:
Important: All information must be completed in its entirety. Please print clearly and legibly to ensure accurate and timely
processing.
General Company Information
Company Name: Years in Business: Yrs Mo
Type of Ownership (indicate one): [_] Partnership [1] Sole Owner [[] Nonprofit [_] Corporation [] LLC (J LLP
Do you have any other company name(s) or dba? [_] Yes [_No If Yes, please list:
Please describe the nature of your business:
FEIN Number: State of Incorporation:
Physical Street Address (no. P.O. box numbers, please):
City: State: ZIP: How Long: Yrs Mo
Corporate Phone: ( 623 ) 972-8116 Fax: ( ) Is this a residential address? [_] Yes C1 No
Previous Address:
City: State: ZIP: How Long: Yrs Mo
Do you own or lease the building in which you are located? (please check one) [] Own [] Lease
Primary Contact
Contact Name:
Title or Position: Phone: ( )
Supervisor Name: Supervisor Title:
Address:
City: State: Zip:
Affiliated or Parent Company Information
Affiliated or Parent Company Name:
Contact Name: Title:
Address: Phone: (_)
City: State: Zip:
Startup Package | Justifacts Credential Verification, Inc.