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 the 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 § 1681et seq.

1. Compliance. You shall cooperate with Yardstik in any and all matters relating to the Deliverables and comply with any and all applicable Laws, including, without limitation, 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, and 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, the requirements to access the Death Master File at 15 CFR Part  1110.2,  any applicable state laws and regulations, Adverse Action processes (including pre-adverse and post-adverse notices), and all reporting, disclosure, authorizations and notice requirements.

 

1. Authorizations; Permissible Purpose; Certifications. You have and will maintain written authorization forms, and provide disclosures to, all subject individuals, including as required by any and all applicable Laws. You shall use the Deliverables in accordance with any and all applicable Laws and certifies that it is 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 it will not use the report for anything other than that specific purpose. 

2.1 You certify that the permissible purposes for requesting the Deliverables is the following: 

• • • • • 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 the unauthorized access to or use of information in, for example, a consumer report in accordance with 15 U.S.C. §1681w. You shall only use the Deliverables one time 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 not use, disclose, transfer, sell, or share the Services or Deliverables to discriminate or otherwise misuse the information. The Deliverables shall be requested by, and disclosed by you only to your designated and authorized employees having a need to know and only to the extent necessary to enable you to use the Deliverables in accordance with this Agreement and applicable Laws. You shall ensure that such 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, you 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, that you will provide to the consumer a copy of the consumer report and the FCRA summary of rights document identified in section 7 (Notices) of this Agreement. And, 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.  Pursuant to restrictions on when criminal background reports can be requested under New York City’s Human Rights Law, as amended by the Fair Chance Act, as well as consumer credit history under New York City Human Rights Law, as amended by the Stop Credit Discrimination in Employment Act (SCDEA), You certify that it will request a consumer report which includes (i) criminal history information only after extending a conditional offer of employment to the job applicant, or, in the alternative that 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 have implemented and will maintain commercially reasonable administrative, physical, and technical safeguards designed to prevent any unauthorized use, access, processing, destruction, loss, alteration, breach, or disclosure of the Services and Deliverables. You shall limit access to the Deliverables to those employees who have a legitimate need to access those items in connection with the performance of their employment duties. Without limiting any other terms, 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 any laws relating to notification of data breaches or security incidents. In the event Yardstik suffers a data breach or security incident, we and you agree that, as required by any 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 the consumer data will be handled in a confidential manner.  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 employees workstation with PII information (DOB, SSN, name) will be destroyed at the end of each work day. 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 Yardsitk (including by any of its employees or representatives) are to be construed as providing legal advice to you.  Although we may provide you with samples and templates that may be used in connection with the Services, you agree that the providing of such is not intended to be legal advice and shall not be construed as legal advice nor assurance that the samples and templates are in full compliance with all applicable Laws. 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/
4. Written Instructions……..

 

8. Disclaimer of Advice. Yardstik does not, and cannot, provide legal advice, opinions, or regulatory services. Yardstik does not, and cannot, 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 but not limited to, fulfillment of the disclosure and authorization, adjudication, and adverse action (the “Administrative Services”). These Administrative Services are being 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.  Meaning, 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

Instant Criminal Package
Description
Social Security Number (SSN) Trace	Social Security Trace identifies names  (including AKA’s and alias) and 7 year address history (past and present) using the provided social security number and name to check against public record databases and credit bureau header data.  Addresses and names identified may broaden the scope of the criminal records searches if additional jurisdictions are identified.  SSN trace does not match an individual with an SSN number but verifies the SSN was issued by the Social Security Administration (SSA) and not on the Death Master File
National Criminal Database Search	Multi-jurisdictional search of proprietary databases including all 50 states, tribal nations and US territories for state, county and corrections records where a candidate may have been involved. Felony and misdemeanor convictions and pending cases require further validation at the state or county level per FCRA requirements. Selection of databases checked include: Department of Corrections, County Courts, Administrative Offices of the Court, Department of Public Safety, County arrest and warrant data and registries. Names searched include any other last names, AKAs or aliases for the last 7 years.
County Criminal Check (If record is found on National.  Surcharges apply)	County criminal searches are conducted first by an automated process in conjunction with databases where available. For those counties that do not have automated records, a professional researcher or county clerk will conduct the search. Whether automated or done at the county courthouse, our researchers will report all felony and misdemeanors records that the court has available. The search includes the jurisdiction of residence based on current address, and any other last names, AKAs or aliases.  Additional jurisdictions may be required if records are identified. A statewide criminal search is completed in the following states due to the information being contained in the same database as is used for county searches resulting in more inclusive statewide results: Alabama, Colorado, Hawaii, Iowa, Maine, Maryland, Missouri, Montana, New Jersey, New York, North Carolina, South Dakota, Vermont, Washington.
National Sex Offender Registry Search (SOR)	Multi-jurisdictional search of 50 state sex offender registries including District of Columbia, tribal territories, Guam and Puerto Rico. Records identified are verified by individual county/state searches. Names searched include any other last names, AKAs or aliases for 7 years.
Global Watch List Verification	Checks US and International databases in search of foreign nationals and high-level criminal data provided by US Government and partner countries to comply with the USA Patriot Act. Search includes the Office of Foreign Asset Control (OFAC), the list of the Specially Designated Nationals (SDN), and other terrorist and fraud lists maintained by the United States and other countries. This check is looking for individuals, groups, or companies with significant records on global official sanctions, embargo lists, traffickers, and terrorists’ lists. Names and AKA’s identified will all be searched for last 7 years
Adverse Action Process	Based on screening results, client can initiate the adverse action process per FCRA requirements including the pre-adverse action communication, specified waiting period and the final adverse communication.  All communications are recorded including who authorized the adverse decision.

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.