Background Check Facilitation Service (KidSafePlus®)
This Exhibit D only applies if Organization uses the SIP background check facilitation service ("KidSafePlus") to facilitate Organization's procurement and administration of background check reports ("Reports") on prospective and/or current volunteers or employees.
By using KidSafePlus® the Organization agrees to the following:
Organization acknowledges that SIP receives the Reports "as is" from a consumer reporting agency("Supplier") to facilitate Organization's procurement of the Reports. Organization understands that SIP does not assemble, merge, or evaluate any of the information contained in the Reports.
2. PURPOSE OF REPORTS
Organization certifies that it will procure and use Reports only for purposes of evaluatingemployment and/or volunteer applicants for employment, promotion, reassignment or retention as an employee or volunteer, and for no other purpose.
Organization certifies that it will procure and use Reports in compliance with all applicable federal andstate statutes and regulations, including, but not limited to, the federal Fair Credit Reporting Act ("FCRA") and its state analogues and statutes and regulations governing equal employment opportunity, and not in violation of any such laws. Organization acknowledges that it is solely responsible for taking any and all steps necessary to satisfy these legal compliance obligations. Organization confirms it is not relying on SIP for purposes of determining its legal compliance obligation in connection with its procurement and use of the Reports and that it will, if necessary, consult its own legal counsel for legal compliance advice.
Organization acknowledges that any forms made available by SIP in connection with Organization's use ofKidSafePlus® are samples only and are not intended to, nor do they, constitute legal advice. Organization acknowledges that it is solely responsible for ensuring that the content of such forms, and Organization's use of them, complies fully with the FCRA and any other applicable laws and regulations. Organization understands that it has the obligation, if necessary, to consult its own legal counsel before using any of the samples made available by SIP. If changes to the sample forms are required, Organization must notify SIP in writing with proposed changes. SIP reserves the right to make or reject such changes. If changes are rejected, Organization may terminate use of KidSafePlus® without penalty.
5. PRE-REPORT REQUIREMENTS
Before procuring a Report, Organization shall (a) at Organization's election, (i) directthe Consumer to the disclosure posted on SIP' Website, or (ii) provide the Consumer with a written disclosure that complies fully with the FCRA and with any applicable state law; and (b) obtain the Consumer's authorization in writing to procure a Report for volunteer selection or employment purposes either at SIP's Website or on a form provided by Organization that complies fully with the FCRA and with any applicable state law.
6. ADVERSE ACTION
If Organization intends to take any adverse action based in whole or in part on the Report,Organization shall (a) before taking such adverse action, provide the Consumer with (i) a copy of the Report, (ii) a " Summary of Your Rights Under the FCRA", and (iii) any other notices required by applicable law; (b) wait a reasonable time before taking adverse action; (c) evaluate any additional information received from the applicant during that time period; and (d) if taking final adverse action, based in whole or in part on information contained in the Report, provide the applicant with a final adverse action notice that complies with applicable law.
7. THIRD-PARTY USE
Organization will not sell, disseminate, or otherwise distribute any Report, in whole or in part, toany third party except the consumer or when required by law to do so.
Organization agrees to take appropriate measures to prevent the misuse of, and/or unauthorized access to,the Reports by any means, including, for example, unauthorized access through Organization's user accounts or passwords ("Accounts"). Organization agrees that SIP may temporarily suspend Organization's access for up to ten (10) business days pending an investigation of Organization's access to, or use of, KidSafePlus®. Organization agrees to cooperate fully with any and all investigations. If any misuse of, or unauthorized access to, the Accounts is found, SIP may immediately terminate this Agreement without notice or liability of any kind.
9. NOTICE ACKNOWLEDGEMENT
Organization acknowledges that SIP has provided the Notice to Users of Consumer Reports: Obligations of Users under the FCRA (the "Notice"). Organization agrees to have all AuthorizedAdministrative Users (a) complete and send SIP an Authorized User form and/or online application, as provided by SIP; (b) read the Notice; and (c) protect their account password (not have it "auto filled," an obvious word, etc.) to prevent unauthorized access.
10. RIGHT TO AUDIT
SIP shall have the right to audit Organization's compliance with these Terms & Conditions (as setforth in this Exhibit C) and applicable law. Organization agrees that SIP may provide its Supplier with a written report of SIP' findings. Organization agrees to promptly correct any violations identified by the audit. SIP may terminate this Agreement if an audit reveals a material breach of these Terms & Conditions or a violation of law or if Organization fails promptly to correct any such material breach or violation.
Organization agrees to protect, indemnify, defend and hold harmless SIP from and against anyand all costs, claims, demands, damages, losses and liabilities (including actual attorneys' fees) arising from, or in any way related to, Organization's procurement, use, disclosure of, or failure to safeguard, Reports. SIP SHALL NOT BE LIABLE TO ORGANIZATION FOR ANY LOSS OR INJURY ARISING OUT OF, OR CAUSED IN WHOLE OR IN PART BY, SIP' FACILITATING ORGANIZATION'S PROCUREMENT OF REPORTS FROM SUPPLIER.