May 16, 2022

DRAGONFLY END USER AGREEMENT

This Screening Agreement (“Agreement”) governs all background screening services (“Deliverables”) provided by Yardstik, Inc. (“we”, “us”, “our”, “Yardstik”), and is incorporated as Additional Services Terms into Yardstik’s Terms of Use. You (“you”, “your”) must agree to the terms outlined in this Agreement before you can use Yardstik’s Screening Services.

If you do not agree to the terms, do not use the Yardstik application.

Yardstik is operating as a “consumer reporting agency” (“CRA”) as that term is defined in the Fair Credit Report Act, 15 U.S.C § 1681 et seq.

1. Compliance. You shall cooperate with Yardstik in all matters relating to the Deliverables and comply with all applicable Laws, including the Fair Credit Reporting Act (“FCRA”)(16 C.F.R. Part 601; 15 U.S.C. § 1681 et seq.), Notice to Users of Consumer Reports: Obligations of Users Under the FCRA as prescribed by 12 CFR Part 1022 (Regulation V), the Gramm-Leach-Bliley Act (“GLBA”)(15 U.S.C. § 6801 et seq.), Remedying the Effects of Identity Theft, Notice to Users of Consumer Reports (16 C.F.R. Part 601), Driver Privacy Protection Act (“DPPA”, at 18 U.S.C. § 2721 et seq.), Equal Employment Opportunity Commission (“EEOC”) guidelines and requirements, requirements to access the Death Master File at 15 CFR Part 1110.2, applicable state laws and regulations, Adverse Action processes (including pre-adverse and post-adverse notices), and all reporting, disclosure, authorizations, and notice requirements.
2. Authorizations; Permissible Purpose; Certifications. You have and will maintain written authorization forms and provide disclosures to all subject individuals, as required by all applicable Laws. You shall use the Deliverables in accordance with all applicable Laws and certify that you are obtaining the Deliverables only for a permissible purpose defined under 15 U.S.C. §1681b of the FCRA that you identify to Yardstik, and you further certify that you will not use the report for anything other than that specific purpose.

2.1 You certify that the permissible purposes for requesting the Deliverables are:

• Employment purposes (including for hiring, retention, reassignment, and promotion)
• Written instructions of the consumer

2.2 Security: You agree to properly dispose of information provided through the Deliverables by reasonable and appropriate means to prevent unauthorized access to or use of information, in accordance with 15 U.S.C. §1681w. You shall only use the Deliverables once and for the permissible purpose for which it was requested and no other purpose. You shall not use, disclose, transfer, sell, or share the Deliverables with any third party except as allowed by Yardstik or this Agreement. You shall ensure that designated and authorized employees shall not attempt to obtain any Deliverables, including consumer reports, on themselves, associates, or any other person except in the exercise of their official duties. You will maintain the confidentiality of all Deliverables provided by us.

2.3 Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than two years, or both.

3. Employment Permissible Purpose Certifications and Requirements. You certify that any request for Deliverables that include a consumer report to be used for employment purposes will comply with the following requirements under the FCRA: (i) before seeking any consumer report from us, you will provide a clear and conspicuous disclosure in writing to the consumer, in a standalone form, that consists solely of the disclosure that a consumer report may be obtained for employment purposes; and obtain authorization in writing from the consumer for you to obtain such report from Yardstik. In addition, you certify that in the event adverse action may be taken, based in whole or in part on the consumer report, you will provide the consumer a copy of the consumer report and the FCRA summary of rights document identified in section 7 (Notices) of this Agreement. You certify that information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation.
4. New York City Employers – Deliverables Containing Criminal and Credit History. You certify that you will request a consumer report which includes (i) criminal history information only after extending a conditional offer of employment to the job applicant, or, if the position for which you are requesting a criminal history search is exempt under the Fair Chance Act; and/or (ii) consumer credit history about an applicant or employee only if one of the permissible exemptions under SCDEA applies.
5. Privacy; Security. You agree to implement and maintain commercially reasonable administrative, physical, and technical safeguards designed to prevent unauthorized use, access, processing, destruction, loss, alteration, breach, or disclosure of the Services and Deliverables. You shall limit access to the Deliverables to employees who have a legitimate need to access those items in connection with their employment duties. You shall comply with all applicable Laws relating to the receipt, use, transfers, processing, confidentiality, transfer, privacy, destruction, or security of any personal information contained in the Deliverables as described by the FCRA and DPPA, including laws relating to notification of data breaches or security incidents. If Yardstik suffers a data breach or security incident, we and you agree that, as required by applicable Laws, we shall notify you of the breach or incident and you shall be responsible for notifying any affected individuals.
6. Destruction of Information. You agree consumer data will be handled confidentially. When data must be destroyed, it will be done in a secure manner to make it inaccessible, unreadable, and/or unrecoverable by burning, pulverizing, or shredding, destroying/erasing electronic files beyond use, or hiring an authorized document destruction firm. Any paper documents at an employee’s workstation with PII information (DOB, SSN, name) will be destroyed at the end of each workday. The privacy of consumer information received from motor vehicle records will also be secured and only accessed with consent by the consumer.
7. Templates for Standard Forms and Notices. No advice, representations, samples, templates, notices, or recommendations by Yardstik (including by any of its employees or representatives) are to be construed as providing legal advice to you. You are solely responsible for ensuring that any samples or templates are current and legally compliant.

Notices

• Notice to Users of Consumer Reports: Obligations of Users Under the FCRA (16 C.F.R. Part 601) located at https://yardstik.com/disclosures/cfpb-notice-of-user-responsibilities/
• Summary of your Rights Under the Fair Credit Reporting Act (16 C.F.R. Part 601) located at https://yardstik.com/disclosures/summary-of-consumer-rights/
• Remedying the Effects of Identity Theft located at https://yardstik.com/disclosures/consumer-identity-theft-rights-summary/
• Driver Privacy Protection Act located at https://yardstik.com/drivers-privacy-protection-act/

Templates

1. General Background check disclosure located at https://yardstik.com/disclosures/background-check-disclosure-employee/
2. General Background check authorization located at https://yardstik.com/disclosures/background-check-authorization-employee/
3. California background check authorization located at https://yardstik.com/disclosures/california-state-notice-for-authorization/

8. Disclaimer of Advice. Yardstik does not provide legal advice, opinions, or regulatory services. Yardstik does not guarantee your or any third party’s compliance with Laws. Yardstik recommends that you work with your legal counsel to develop an employment screening program specific to your needs. You acknowledge that you will work with your legal counsel to ensure that your policies and procedures related to the use of the Services are in compliance with applicable Laws.
9. Adverse Action. You acknowledge that you understand the legal compliance obligations pursuant to applicable Laws when taking adverse action based in whole or part on information in the Deliverables. At a minimum, these obligations are described by the FCRA, specifically 15 U.S.C. §§ 1681b(b), 1681m.
10. Administrative Services. We, at your request, provide certain administrative services, including fulfillment of the disclosure and authorization, adjudication, and adverse action (the “Administrative Services”). These Administrative Services are provided as a service only, and you are responsible for providing any form, letters, and/or matrices it wants us to use, and providing instruction on how it wants those to be used in order for us to provide the Administrative Services. You will, separate from and in addition to any other indemnity obligations addressed in the Agreement, defend, indemnify, and hold harmless Yardstik and its officers, directors, employees, agents, successors, and permitted assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and the cost of enforcing any right to indemnification hereunder arising out of, or resulting from, your use of the Administrative Services.
11. Authorized Users. You are solely responsible for all acts and omissions through its account and/or by its authorized users. All authorized users must agree to Yardstik’s Terms of Use located at https://yardstik.com/terms-of-use and Privacy Policy located at https://yardstik.com/privacy-policy, which may be updated from time to time by Service Provider and are incorporated herein by reference. A copy of the Terms of Use and Privacy Policy can also be requested at support@yardstik.com.
12. Retention of Records. Yardstik will electronically store copies of all written authorizations for a minimum of five (5) years from the date of inquiry, and make such written authorizations available to you upon request.
13. Audit Right. During the term of this Agreement, on reasonable request and during regular business hours, Yardstik may at its own expense audit and copy, or have its representative audit and copy, your records, and other documents as necessary to verify compliance with the terms and conditions of the FCRA and this agreement. You shall cooperate with Yardstik or its representative, in conducting any such audit.

Appendix B – Services Packages

Please refer to Service Packages agreed to on your account. The attached is for your reference of Yardstik package offerings and includes the type of source, scope of records searched, search methodology, and identification of the information source.

Scope of Searches

The federal Fair Credit Reporting Act (FCRA) and state laws generally limit how far back Yardstik may report adverse information to a seven-year lookback period. Yardstik may not report adverse information that antedates the consumer report by more than seven (7) years. One major exception is that the FCRA allows for a conviction to be reported without any lookback restriction. However, some state laws have their own restrictions which limit even the reporting of convictions to seven (7) years. For example, Yardstik cannot report convictions older than seven (7) years in California, Kansas, Maryland, Massachusetts, Montana, New Hampshire, New Mexico, New York, and Washington State.

Yardstik follows reporting limitations as set forth by the FCRA, except in cases where applicable state law is more restrictive than federal law. With respect to criminal convictions, Yardstik only reports such records within a scope of seven (7) years, regardless of the FCRA and regardless of the state in which they are being reported. With respect to criminal records with alternative adjudication dispositions, Yardstik will report, as allowed by applicable law, for the last seven (7) years. With the exception of pending/active warrants, Yardstik will not report non-criminal records (i.e. arrests, arrests without disposition, petty misdemeanors, ordinances, infractions, and summary offenses) or cases that have a disposition of dismissed, expunged, reversed, vacated, or pardoned.

Packages

Assumptions:

• Some states and counties charge surcharges to access criminal and civil records. These fees will be added and are not marked up. Please visit state websites to see current surcharges.
• 2-3 business days on average turnaround time.

Additional verifications may be purchased as a standalone package or added to the Premium Package on an ongoing basis.