Background Check Terms

1. Scope

These Screening Terms govern your optional use of the background-check and screening feature in Ovation OS. They apply in addition to, and do not replace, our Terms of Service and any other agreement between you and us. If there is a conflict between these Screening Terms and our Terms of Service with respect to the screening feature, these Screening Terms control for that feature.

The screening feature is optional. Background checks are only performed when you affirmatively initiate them. The reports you order are obtained from, and delivered by, the CRA.

2. Customer Is the End User of Consumer Reports

Background-check reports obtained through the screening feature are "consumer reports" within the meaning of the federal Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. When you order and use these reports, you are the "end user" of the consumer reports.

As the end user, you are solely responsible for compliance with the FCRA and all applicable federal, state, and local laws governing the procurement and use of consumer reports, including background checks used for employment and contractor screening purposes. You are responsible for understanding and meeting these obligations before requesting any report.

3. Customer Obligations

When you use the screening feature, you agree to the following obligations. This list is not a substitute for legal advice, and you remain responsible for your own compliance:

• Permissible purpose: Obtain consumer reports only for a permissible purpose recognized under the FCRA, such as evaluating an individual for employment or engagement as a contractor.
• Disclosure and authorization: Provide the individual with a clear and conspicuous written disclosure, in a standalone document, that a consumer report may be obtained, and obtain the individual's written authorization, before requesting any report.
• Adverse-action process: Follow the FCRA adverse-action process before and after taking any adverse action based in whole or in part on a consumer report. This includes providing a pre-adverse-action notice with a copy of the report and the "A Summary of Your Rights Under the Fair Credit Reporting Act," allowing the individual a strict minimum of 15 days to respond, and then providing a final adverse-action notice. The adverse-action tooling available in the platform is provided directly by the CRA (backgroundchecks.com / ClearChecks) and integrated into Ovation to help you track the pre-adverse-action and final adverse-action steps; you remain responsible for carrying them out correctly and on time. When background checks are enabled, additional information about your FCRA obligations is available on the Background Checks page within your workspace.
• State and local restrictions: Comply with "ban-the-box" laws and other state and local restrictions on the timing and use of background checks, including any limits on when a check may be requested and what information may be considered.
• Authorized, non-discriminatory use: Use reports only for the purpose for which they were authorized and obtained, and never in a discriminatory manner or in violation of equal-opportunity or anti- discrimination laws.
• Secure disposal: Securely dispose of consumer reports and information derived from them when they are no longer needed, in accordance with the FCRA disposal rule and applicable law.

4. Our Role

Our role with respect to the screening feature is limited as follows:

• Ovation is not a consumer reporting agency, and we do not make eligibility, hiring, or engagement decisions about any individual.
• We provide software that lets you order background checks from, and receive results from, the CRA. We do not prepare, assemble, or evaluate the contents of the reports.
• Nothing in these Screening Terms, the platform, or any tooling we provide is legal advice. You should consult your own legal counsel about your FCRA and other compliance obligations.
• You are responsible for entering into any required end-user agreement, certifications, or other terms with the CRA, and for making any required certifications regarding permissible purpose and compliance.

5. Data Handling

To complete a background check, the individual being screened may provide certain information directly to the CRA. This information may include sensitive identifiers such as a Social Security number and date of birth. That information is collected and processed by the CRA in connection with preparing the report.

Ovation stores the status and results of the check, along with supporting records relating to the screening (such as the records needed to track the adverse-action steps described above). For more information about how we handle personal information, see our Privacy Policy.

6. Prohibited Uses

You must not use the screening feature in any of the following ways:

• Ordering or using a consumer report without a permissible purpose under the FCRA.
• Ordering or using a consumer report without first providing the required disclosure and obtaining the individual's written authorization.
• Using a consumer report for any purpose prohibited by the FCRA or other applicable law, or in a discriminatory manner.

7. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the screening feature, including any failure by you to comply with the FCRA or any other applicable federal, state, or local law.

8. Changes to These Terms

We may update these Screening Terms from time to time. If we make material changes, we will notify you by:

• Posting a notice on our website
• Sending an email to account holders
• Displaying an in-app notification

Your continued use of the screening feature after the effective date of changes constitutes acceptance of the updated Screening Terms.

9. Contact Us

If you have questions about these Screening Terms or the screening feature, please contact us: