Background Check Terms of Use

Posted Dec 1, 2014 and effective immediately for anybody accessing MyCareMatch.com on or after Dec 1, 2014.

Definitions

For the purposes of this Background Check Terms of Use, the following terms will be defined as follows:

“Terms” or “Agreement” refers to the terms, rules, policies and conditions set out in this document.

“Background Check” and “Investigative Consumer Report” and “Report” refer to any type of Report purchased on the Site from Proforma Screening Solutions (“PSS”), a third part reporting agency that provides information regarding, among other things, criminal records checks, sex offender registry checks, motor vehicle records checks, identification verifications, professional references, and license or educational verifications.

“Site” refers to MyCareMatch.com and all related webpages, Services, and activities, including MyCareMatch.com branded websites, web pages, mobile applications, and mobile websites offered by MyCareMatch, LLC, a Delaware limited liability company.

“MyCareMatch.com” and “we” and “us” refer to MyCareMatch, LLC, a Delaware limited liability company, as well as the terms defined by “Site” above.

“Services” refers to all services provided by MyCareMatch.com through the Site and related channels, including but not limited to services offered through MyCareMatch.com mobile applications and any telephone services offered by us.

“User,” “Registered User”, “Visitor” and “you” refer to those individuals residing in the United States who register with MyCareMatch.com and/or view, access or use the Site and/or Services offered by MyCareMatch.com.

“Care Seekers” are those individuals seeking private Care Providers, care agencies or care communities, or corporate Care Providers seeking to hire an individual Care Provider.

“Care Providers” are individuals and entities who provide care services.

Certifications

Care Seekers and other Users who request Reports hereby certify as follows:

• All requests and procurement orders for Care Provider information from PSS will be made, and the resulting Reports will be used, for the following federal Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., permissible purposes only:
• EMPLOYMENT PURPOSES (Section 604(a)(3)(B). For employment purposes including evaluating a Care Provider for employment, promotion, reassignment or retention as an employee, where the Care Provider has given prior written permission, and for no other purpose.
• User certifies they will not use the Care Provider information it receives from PSS in violation of any federal, state or local law, including, but not limited to the federal FCRA and any other related state law, Title VII of the Civil Rights Act of 1964 and any other applicable federal or state equal employment opportunity law or regulation. User acknowledges and agrees to accept full responsibility for complying with all its obligations under such laws and for using the Care Provider information it receives from PSS in a legally acceptable fashion
• If a Care Provider is subject to any adverse action based in whole or in part on the Care Provider information provided by PSS, User certifies their understanding of their respective requirement of compliance with providing all statutorily required notices identified in Section 615 of the federal FCRA and any other related state law, including without limitation providing the Care Provider with: a copy of the Report; notice of the adverse action being taken; the name, address and telephone number for PSS; notice that Care Provider is entitled to a free copy of the Report from PSS and a right to dispute the record through PSS; notice that PSS did not make the decision to take adverse action and cannot provide the specific reasons why adverse action was taken; and a copy of the FTC’s “A Summary of Your Rights Under the Fair Credit Reporting Act.” Any Care Provider disputing any item of information provided by PSS in a Report will be provided with the following PSS contact information:
  Attn: Consumer Disputes
  Proforma Screening Solutions
  125 East Hirst Road, Ste 2C
  Purcellville, VA 20132
  (866) 276-6161
• User certifies that they accept full and sole responsibility for any and all consequences of use and/or dissemination of Care Provider information in the Reports. User certifies that each item of Care Provider information, Care Provider Report or Investigative Consumer Report will only be used for a one-time use and disclosure, with the exception of disclosure to the Care Provider about whom the Care Provider information or Care Provider Report relates, will be limited to our Users’ designated and authorized representatives and only to the extent necessary to use the PSS services provided hereunder in accordance with this request.  User certifies and agrees to ensure that such designated and authorized representatives will not attempt to obtain Care Provider information or Care Provider Reports on themselves, associates, or any other person except in the exercise of their official duties. User acknowledges and agrees to have reasonable procedures for the fair and equitable use of Care Provider information and to secure the confidentiality of sensitive, personal and private information. User acknowledges and agrees to take precautionary measures to protect the security and dissemination of all Care Provider information including restricting terminal access, utilizing passwords to restrict access to terminal devices, and securing access to, dissemination and destruction of electronic and hard copy Reports.
• User certifies that prior to ordering any Care Provider information from PSS, User will have in place reasonable procedures designed to comply with all applicable local, state, federal and international laws.  User certifies that for a period of six (6) years from the date a Report was received it will retain a Care Provider’s signed disclosure and authorization, and any related information such as resume and employment application, and will make such documents and information available to MyCareMatch.com and/or PSS upon request.
• User acknowledges that they have received a copy of the FTC’s “A Summary of Your Rights Under the Fair Credit Reporting Act.” (16 C.F.R. Part 601, Appendix A) and Notice to Users of Consumer Reports (16 C.F.R. Part 601, Appendix C), and other applicable state notices, from PSS.
• User acknowledges, that the federal Fair Credit Reporting Act (FCRA) provides that any person who knowingly and willfully obtains information on a Care Provider from a Care Provider reporting agency under false pretenses may be subject to fines under Title 18 of the United States Code or imprisoned not more than two (2) years, or both.
• User certifies that in accordance with Section 604 of the federal FCRA and any other applicable state law, prior to obtaining or causing any Care Provider Report and/or Investigative Consumer Report to be obtained for any employment purpose, a clear and conspicuous disclosure, in a document consisting solely of the disclosure, will be made in writing to the Care Provider explaining that a Care Provider Report and/or Investigative Consumer Report may be obtained for employment purposes. Users certify that prior to obtaining or causing a Care Provider Report and/or Investigative Consumer Report to be obtained, the Care Provider will have authorized, in writing, the obtaining of the Report by the User.

If a Care Provider is denied employment, or other adverse employment action is to be taken, based in whole or in part on the information provided by PSS, prior to taking any adverse action User acknowledges their responsibility to provide to the Care Provider: a copy of the Report, and a copy of the FTC’s “A Summary of Your Rights Under the Fair Credit Reporting Act.”

User certifies they will comply with and provide all statutorily required notices identified in Section 615 of the federal FCRA and any other related state law, including without limitation providing the Care Provider with: a copy of the Report; notice of the adverse action being taken; the name, address and toll-free telephone number for PSS; notice that Care Provider is entitled to a free copy of the Report from PSS and a right to dispute the record through PSS; notice that PSS did not make the decision to take adverse action and cannot provide the specific reasons why adverse action was taken; and a copy of the FTC’s “A Summary of Your Rights Under the Fair Credit Reporting Act.” Any Care Provider disputing any item of information provided by PSS in a Report will be provided with the following PSS contact information:

Attn: Consumer Disputes
Proforma Screening Solutions
125 East Hirst Road, Ste 2C
Purcellville, VA 20132
(866) 276-6161

Investigative Consumer Reports

In addition to all other obligations and certifications, User certifies that in accordance with Section 606 of the FCRA and any other applicable state law, if it requests, procures or causes to be prepared any Investigative Consumer Report, it will clearly and accurately disclose to the Care Provider that an Investigative Consumer Report has been requested, including information as to the Care Provider’s character, general reputation, personal characteristics and mode of living, whichever are applicable. Such disclosure will be made in a writing mailed, or otherwise delivered, to the Care Provider, not later than three days after the date on which the Report was first requested, and will include a statement informing the Care Provider of the Care Provider’s right to know whether an Investigative Consumer Report has been requested and if an Investigative Consumer Report has been requested the right to request within a reasonable amount of time: a written disclosure of the nature and scope of the investigation requested; the name, address and toll-free telephone number for PSS; and a copy of the FTC’s “A Summary of Your Rights Under the Fair Credit Reporting Act.” User certifies that they will provide these disclosures to the Care Provider no later than five (5) days after the request for such disclosure is received from the Care Provider or such Report was first requested, whichever is the later. Any Care Provider requesting the name of the Care Provider reporting agency preparing or that prepared a Care Provider Report and/or Investigative Consumer Report will be provided with the following PSS contact information:

Proforma Screening Solutions
125 East Hirst Road, Ste 2C
Purcellville, VA 20132
(866) 276-6161

Motor Vehicle Records (MVRs)

User acknowledges and agrees that:

In addition to all other obligations and certifications, “motor vehicle records” and/or “driving records” (“MVRs”) will only be ordered in strict compliance with the federal Driver Privacy Protection Act, 18 U.S.C. § 2721 et seq. (“DPPA”) and any other applicable state law; no MVR or driving record will be ordered without first obtaining the written authorization and consent of the Care Provider, which will be provided to PSS upon request; it is a legitimate business and will use this information only in the normal course of business to obtain or verify required information relating to the holder of a commercial driver’s license, to verify information provided by a Care Provider, or in connection with motor vehicle or driver safety; it will not transmit any data contained in the resulting MVR via the public internet, electronic mail or any other unsecured means; it will obtain a Care Provider’s authorization and consent on a state-specific form as may be required by a specific state and requested by PSS; some of the information provided by PSS may be “personal information,” as defined in the DPPA, and may be regulated by the DPPA (“DPPA Data”); it will not obtain or use any DPPA Data provided by PSS in any manner that would violate the DPPA, or any similar state or local laws, regulations or rules; it may be required to certify the permissible use of DPPA Data at the time it requests information in connection with certain PSS services; it will recertify, in writing, the permissible uses of DPPA Data upon the request of PSS.

GLBA Data

User acknowledges and agrees that:

Some of the information provided by PSS may be “nonpublic personal information,” as defined in the federal Gramm-Leach Bliley Act (15 U.S.C. § 6801 et seq.) and its implementing regulations (collectively, “GLBA”), and may be regulated by the GLBA (“GLBA Data”); it will not obtain or use GLBA Data provided by PSS in any manner that would violate the GLBA or any similar state or local laws, regulations and rules; it may be required to certify the permissible use of GLBA Data at the time it requests information in connection with certain PSS services; it will be required to recertify, in writing, the permissible uses of GLBA Data upon request by PSS.

Criminal Record Searches and National Criminal Database Checks

User acknowledges and agrees that:

PSS recommends that any criminal record search minimally include county court criminal record searches, state criminal record database searches and/or checks (where available), federal court record database checks, and national criminal database checks, conducted on the Care Provider’s current name and any and all former names, aliases, and AKAs, and wherever the applicant has lived, worked and studied; PSS will not be held responsible or liable for any criminal record that exists in a court, law enforcement or proprietary criminal record database that MyCareMatch.com’s User did not include in its request or procurement order made to PSS, or that is not legally reportable by PSS under federal, state or local Care Provider reporting law; any request or procurement order for a national criminal record database search will require a separate verification of any criminal record found at the primary source of such record, and MyCareMatch.com’s Users will be responsible for the additional cost of any such primary source criminal record verification, including without limitation any applicable access fee charged by the source; in the course of providing the Care Provider information requested by MyCareMatch.com’s Users, PSS may uncover active arrest warrants which are outstanding against a Care Provider. In these cases, PSS may be contacted by the law enforcement agency seeking the Care Provider. PSS will furnish to law enforcement any information contained within the Care Provider’s file to assist in the apprehension of the Care Provider by law enforcement agencies; PSS will cooperate with a law enforcement agency’s request that PSS not inform MyCareMatch.com’s Users or the Care Provider that this information was provided to the agency in order to prevent any potential adverse impact of such disclosure on the agency’s Care Provider apprehension efforts.

International Background Screening Services

User acknowledges and agrees that:

International background screening services will generally be conducted through the services of third-party independent contractors and because of differences in foreign laws, language, and the manner in which foreign records are maintained and reported, and because these information sources and resources are not maintained or controlled by PSS, PSS and MyCareMatch.com can be neither an insurer nor a guarantor that the information provided from these sources is absolutely accurate, current, error-free or comprehensive in breadth or depth. PSS and MyCareMatch.com will not be held responsible or liable for any criminal record that exists in a court, law enforcement or proprietary criminal record database that MyCareMatch.com Users did not include in its request or procurement order made to PSS, or that is not legally reportable by PSS under international, federal, state or local Care Provider reporting law. Users hereby release PSS and MyCareMatch.com from any and all liability whatsoever in connection with the information received as a result of a request or procurement order made by Users for any international background screening service from PSS.

Adverse Action Notices

User acknowledges and agrees that:

PSS provides sample Care Provider pre-adverse action and adverse action notices for MyCareMatch.com Users’ convenience only; Users are not required to utilize the sample notices provided by PSS and can modify the form and content of such notices or use their own notices in their entirety; the final form and content of any such notices is MyCareMatch.com’s Users sole responsibility and PSS and MyCareMatch.com will not be held responsible or liable for their form or content.  PSS recommends MyCareMatch.com’s Users consult with their own legal counsel regarding notice form and content.

Care Provider Background Check Information Forms

User acknowledges and agrees that:

PSS provides various Care Provider background check information forms both electronically and as paper forms; such forms and their specific contents are necessary in order for PSS to properly prepare the Care Provider information, Care Provider Reports and investigative information requested or procured by MyCareMatch.com’s Users; such forms are intended to be used solely for the purpose of providing Care Provider information, including Care Provider Reports and/or Investigative Consumer Reports; such documents were not created as, nor are they intended to be used as, employment, tenant/rental, or other application forms; PSS recommends MyCareMatch.com’s Users consult with their own legal counsel before using any of these forms as employment, tenant/rental, or other application forms, or in any way other than their intended purpose.

Care Provider Disclosures and Authorizations

User acknowledges and agrees that:

PSS provides sample Care Provider disclosures and authorizations for MyCareMatch.com’s convenience only; while MyCareMatch.com’s Users are required to provide a Care Provider proper disclosure and obtain a proper authorization prior to requesting or making a procurement order for any Care Provider information, MyCareMatch.com’s Users are not required to utilize the sample disclosures and authorizations provided by PSS; MyCareMatch.com’s Users can modify the form and content of the sample disclosures or authorizations, or use their own disclosures and authorizations in their entirety; the final form and content of any such disclosure and authorization is MyCareMatch.com’s Users sole responsibility and PSS and MyCareMatch.com will not be held responsible or liable for their form or content. PSS recommends MyCareMatch.com’s Users consult with their own legal counsel regarding notice form and content. MyCareMatch.com’s Users may also request in writing that PSS send out pre-adverse and adverse action letters on MyCareMatch.com’s Users’ behalf for an additional fee.

Access Security Requirements

The Parties acknowledge they must work together to protect the privacy of Care Providers and reduce unauthorized access to Care Provider information.

User acknowledges and agrees:

Care Provider information may be accessed only for the permissible purposes listed in the FCRA and related state law, and this document; if the User’s hardware upon which PSS system has been accessed is no longer being used or is being disposed of, or if any password has been compromised or believed to be compromised in any way, Users are required to change their relevant passwords immediately. User will not discuss its account number or password by telephone with any unknown caller, even if the caller claims to be an employee of PSS or MyCareMatch.com.

Users are required to physically locate all terminal devices used to obtain Care Provider information in a secure location so that unauthorized persons cannot easily access them, and Users  will turn off and lock all devices or systems used to obtain Care Provider information. This information is intended for Users to view only.  Users are not permitted to copy or save Reports on Care Providers. Users are required to shred and/or destroy all hard copy Care Provider information when they are no longer needed, and destroy, erase and overwrite or scramble electronic files containing Care Provider information when no longer needed and when applicable regulation(s) permit destruction.

General Provisions

User acknowledges and agrees that:

• they are prohibited from reselling, sub-licensing, delivering, displaying, publishing or otherwise distributing to any third party any of the Care Provider information provided by PSS, except as required by law.
• Any ancillary service provided by PSS such as providing or hosting MyCareMatch.com’s Users compliance related forms, including without limitation Care Provider disclosures, authorizations, and adverse action notices, as well as; background check information forms, resumes, and employment, tenant/rental or other applications, is purely clerical in nature and will be performed by PSS solely on behalf of and for the benefit of MyCareMatch.com’s Users. MyCareMatch.com’s Users retain sole responsibility at all times for complying with applicable laws related to these items, whether they are applied or used by MyCareMatch.com or its vendors; all information collected and decisions made, including hiring for employment, hiring for other purposes, renting/leasing, contracting and site-access decisions, are made solely by MyCareMatch.com’s Users and not by PSS or MyCareMatch.com; MyCareMatch.com’s Users assume full responsibility for compliance with all applicable laws and for any hiring for employment, hiring for other purposes, renting/leasing, contracting and site-access decisions, and will indemnify and hold PSS and MyCareMatch.com harmless from any and all claims, losses, damages and any costs (including attorneys’ fees) that may be related to or arise from the Services provided by MyCareMatch.com or its vendors. International, federal, state and local laws may restrict MyCareMatch.com’s Users’ use of the information provided and PSS’s reporting of certain information, including the type of information and age of information reported.