Furnisher Terms

 

Furnisher Terms

 

Last updated: July 18, 2024

 

These terms and conditions (“Furnisher Terms”) apply to your provision of employment information and income information (“Verification Information”) with respect to you and your employees and former employees (“Employees”) to Zethos, Inc. dba Truework, its subsidiaries and affiliates (each “Truework”, “we”, “us”  or “our”).

 

1.      Agreement to Furnisher Terms. You acknowledge that by providing Verification Information to Truework, either directly or indirectly through a third party, you agree to these Furnisher Terms. If you provide Verification Information on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to agree to these Furnisher Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Furnisher Terms, the person or entity agrees to be responsible to us.

 

2.      Changes & Modifications to Terms of Use. We may make changes to these Furnisher Terms from time to time.  The “Last Updated” legend above indicates when these Furnisher Terms were last changed.  If we make changes, the updating of the date at the top of these Furnisher Terms will serve as notice to you of the changes. It is your responsibility to check these Furnisher Terms periodically for changes. Unless we say otherwise, the amended Furnisher Terms will be effective immediately, and your continued provision of Verification Information will confirm your acceptance of the changes. If you do not agree to the amended Furnisher Terms, you must stop providing Verification Information.

 

3.      FCRA Roles and Responsibilities. You acknowledge that you are a “furnisher” under the federal Fair Credit Reporting Act, 15 U.S.C. §1681, et seq (the “FCRA”). Truework acknowledges that Truework is a “consumer reporting agency” under the FCRA. Truework will notify you and will ensure that each Verifier (as defined below) notifies Truework promptly of any unauthorized use of any password or account or any other known or suspected breach of security specifically related to the Verification Information of which it becomes aware.  Truework and you will each notify the other party of any communications or disputes of which it becomes aware that Employees file under the FCRA in accordance with and pursuant to the timing requirements of the FCRA and of which either Truework or you become aware.

 

a.      Notice to Furnishers of Information: Obligations of Furnishers of Information ("Notice to Furnishers"). You certify that you have read the Notice to Furnishers provided to you at the following URL: https://www.consumer.ftc.gov/articles/pdf-0092-notice-to-furnishers.pdf, a copy of which is also provided to you in Exhibit A hereto. You understand your obligations as a data furnisher set forth in such notice and under the FCRA, which include duties regarding data accuracy and investigation of disputes, and certify you will comply with all such obligations.

 

b.      Archival Copies. Notwithstanding anything to the contrary in these Furnisher Terms, you agree that Truework may maintain archival copies of the Verification Information in order to fulfill our obligations under applicable law.

 

4.      Verification Information.

 

a.      Authorization. You authorize Truework to disclose Verification Information of your Employees to commercial, private, non-profit and governmental entities and their agents (collectively, "Verifiers"), who wish to obtain or verify any of your Employee’s Verification Information. You agree to obtain valid consent, in accordance with applicable law, from each Employee for (i) the sharing of such Verification Information with Truework, and (ii) Truework’s use of such Verification Information to provide the income and employment verification services provided by Truework to Verifiers (the “Truework Services”).

 

b.      Disclosure. Verification Information will be disclosed to Verifiers who certify they are entitled to receive such data pursuant to the FCRA. In accordance with the FCRA, Verification Information may be provided to Verifiers where the Verifier is entitled under the FCRA to obtain the Verification Information. You understand that Verifiers are charged for verifications processed through us.

 

c.      Identity Theft. You agree to have reasonable procedures to respond to any notification that it receives from Truework relating to information resulting from identity theft such that you do not refurnish such blocked information.

 

d.      Data Quality.

 

                                           i.         Accuracy. You agree that you will not furnish any data to Truework that you know, or have a reasonable belief to know, is inaccurate.

 

                                          ii.         Errors. You will promptly (1) notify Truework of any error, omission, or discrepancy with respect to the Verification Information, (2) review any requests made by Truework in connection any error, omission, or discrepancy with respect to the Verification Information, and (3) correct any such error, omission or discrepancy.

 

                                         iii.         Records. Without prejudice to Truework’s obligation to retain the data necessary to fulfill our obligations under applicable law and/or deliver the Truework Services, Truework does not serve as your record keeper and you will be responsible for retaining copies of all documentation received from and Verification Information provided to Truework to the extent necessary and/or required by you.

 

5.      Security & Privacy. Truework and you will each maintain reasonable administrative, physical, and technical safeguards designed to preclude the interception and maintain confidentiality of Verification Information.  You will immediately notify Truework (in any event within 48 hours) (i) of an actual or suspected Security Breach of Verification Information, (ii) if you become aware of a Security Breach which may impact Verification Information, or (iii) of an actual or suspected Security Breach otherwise related to your provision of Verification Information to us, and in each case, the parties will cooperate to minimize negative impacts of such Security Breach. You represent and warrant to Truework that any information provided by you to Truework regarding your compliance with applicable law or the provision of the Verification Information is true and correct.  “Security Breach” means a (i) “personal data breach” or similar terms (as defined in the Gramm Leach Bliley Act (“GLBA”) or any other privacy law applicable to a party (“Privacy Law”)), (ii) a “breach of the security of a system” or similar term (as defined in any other applicable Privacy Law), or (iii) any other event that compromises the security, confidentiality or integrity of Verification Information.

 

6.      No Warranty. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT TRUEWORK WILL HAVE NO LIABILITY ARISING FROM THE USE OR MISUSE OF ANY VERIFICATION INFORMATION OBTAINED FROM YOU.

 

7.      Indemnification. You agree to defend, indemnify and hold harmless us and our affiliates and our and our affiliates’ respective owners, directors, officers, employees, agents and representatives from and against all claims, suits, actions, proceedings, losses, liabilities, damages, penalties, fines, fees (including attorneys’ fees) costs and expenses, whether in tort, contract, or otherwise, that arise out of or relate to any breach of these Furnisher Terms by you or your provision of Verification Information to us.

 

8.      Limitation of Liability.

 

a.      TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU UNDER ANY THEORY OF LIABILITY - WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, WARRANTY OR OTHERWISE - FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR OPPORTUNITIES, BUSINESS INTERRUPTION AND LOSS OF DATA) IN CONNECTION WITH OUR USE OF THE VERIFICATION INFORMATION OR ANY USE OR RELIANCE UPON INFORMATION PROVIDED BY US, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

b.      OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE FURNISHER TERMS OR RELATED TO THE VERIFICATION INFORMATION, REGARDLESS OF THE FORM OF ACTION IS LIMITED TO $100.

 

9.      Confidentiality. Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).  Proprietary Information of Truework includes non-public information regarding features, functionality and performance of the Truework Services.  Proprietary Information of you includes non-public data provided by you to Truework to enable the provision of the Truework Services. Proprietary Information also includes any other information that is designated or marked as confidential at the time of disclosure, or that should reasonably be deemed confidential or proprietary by the Receiving Party, given the nature of the information and/or the circumstances surrounding such disclosure. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Truework Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information.  The Disclosing Party agrees that the foregoing will not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.

 

10.   Audit Rights. You will maintain (in English) complete auditable records related to your provision of Verification Information and compliance with your obligations under these Furnisher Terms.  Upon request, you agree to provide to Truework and its auditors (including internal audit staff and external auditors) at all reasonable times (and in the case of regulators at any time required by such regulators) access to any facility in which you are providing Verification Information, to your personnel, and to data, records, systems and applications relating to your provision of Verification Information for the purpose of performing audits and inspections in order to verify your compliance with these Furnisher Terms.

 

11.   Governing Law & Arbitration.

 

a.      Governing Law. California law will govern these Terms of Use without regard to its conflicts of laws provisions.

 

b.      Arbitration; Dispute Resolution. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICE OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator will apply California law to all other matters, including as applicable, the California Arbitration Act. Any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND US ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

 

Before beginning arbitration, you or we must first send a claim notice regarding arbitration. Claims will be referred to the American Arbitration Association (“AAA”). Arbitration will be conducted by the AAA, before a single AAA arbitrator and under the AAA’s commercial arbitration rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's commercial arbitration rules. You or we may choose to have the arbitration conducted by telephone, based on written submissions, and if in person, exclusively in San Francisco, California. You hereby irrevocably waive any and all argument as to lack of personal jurisdiction or San Francisco, California being an incorrect or inconvenient forum; and expressly agree to the aforementioned. The decision of the arbitrator will be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction. The costs of arbitration, including reasonable attorney’s fees, shall be borne by the losing party, unless otherwise determined by the arbitration award.

 

12.   Severance. If any provision or part-provision of these Furnisher Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Furnisher Terms.

Exhibit A to Furnisher Terms

 

 

Notice to Furnishers of Information: Obligations of Furnishers Under the FCRA

 

The federal Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681-1681y, imposes responsibilities on all persons who furnish information to consumer reporting agencies (CRAs). These responsibilities are found in Section 623 of the FCRA, 15 U.S.C. § 1681s-2. State law may impose additional requirements on furnishers. All furnishers of information to CRAs should become familiar with the applicable laws and may want to consult with their counsel to ensure that they are in compliance. The text of the FCRA is set forth in full at the Bureau of Consumer Financial Protection's website at consumerfinance.gov/learnmore. A list of the sections of the FCRA cross-referenced to the U.S. Code is at the end of this document.

 

Section 623 imposes the following duties:

 

Accuracy Guidelines

The banking and credit union regulators and the CFPB will promulgate guidelines and regulations dealing with the accuracy of information provided to CRAs by furnishers. The regulations and guidelines issued by the CFPB will be available at consumerfinance.gov/learnmore when they are issued. Section 623(e).

 

General Prohibition on Reporting Inaccurate Information

The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to believe is inaccurate. However, the furnisher is not subject to this general prohibition if it clearly and conspicuously specifies an address to which consumers may write to notify the furnisher that certain information is inaccurate. Sections 623(a)(1)(A) and (a)(1)(C).

 

Duty to Correct and Update Information

If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAs determines that the information provided is not complete or accurate, the furnisher must promptly provide complete and accurate information to the CRA. In addition, the furnisher must notify all CRAs that received the information of any corrections, and must thereafter report only the complete and accurate information. Section 623(a)(2).

 

Duties After Notice of Dispute from Consumer

If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623(a)(1)(B).

 

If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher, the furnisher may not subsequently report that information to a CRA without providing notice of the dispute. Section 623(a)(3).

 

The federal banking and credit union regulators and the CFPB will issue regulations that will identify when an information furnisher must investigate a dispute made directly to the furnisher by a consumer. Once these regulations are issued, furnishers must comply with them and complete an investigation within 30 days (or 45 days, if the consumer later provides relevant additional information) unless the dispute is frivolous or irrelevant or comes from a “credit repair organization.” The CFPB regulations will be available at consumerfinance.gov. Section 623(a)(8).

 

Duties After Notice of Dispute from Consumer Reporting Agency

If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information provided by the furnisher, the furnisher has a duty to follow certain procedures. The furnisher must:

●       Conduct an investigation and review all relevant information provided by the CRA, including information given to the CRA by the consumer. Sections 623(b)(1)(A) and (b)(1)(B).

●       Report the results to the CRA that referred the dispute, and, if the investigation establishes that the information was, in fact, incomplete or inaccurate, report the results to all CRAs to which the furnisher provided the information that compile and maintain files on a nationwide basis. Sections 623(b)(1)(C) and (b)(1)(D).

●       Complete the above steps within 30 days from the date the CRA receives the dispute (or 45 days, if the consumer later provides relevant additional information to the CRA). Section 623(b)(2).

●       Promptly modify or delete the information, or block its reporting. Section 623(b)(1)(E).

 

Duty to Report Voluntary Closing of Credit Accounts

If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course of business furnishes information to one or more CRAs must report this fact when it provides information to CRAs for the time period in which the account was closed. Section 623(a)(4).

 

Duty to Report Dates of Delinquencies

If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss, or subject to any similar action, the furnisher must, within 90 days after reporting the information, provide the CRA with the month and the year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumer's file. Section 623(a)(5).

 

Any person, such as a debt collector, that has acquired or is responsible for collecting delinquent accounts and that reports information to CRAs may comply with the requirements of Section 623(a)(5) (until there is a consumer dispute) by reporting the same delinquency date previously reported by the creditor. If the creditor did not report this date, they may comply with the FCRA by establishing reasonable procedures to obtain and report delinquency dates, or, if a delinquency date cannot be reasonably obtained, by following reasonable procedures to ensure that the date reported precedes the date when the account was placed for collection, charged to profit or loss, or subjected to any similar action. Section 623(a)(5).

 

Duties of Financial Institutions When Reporting Negative Information

Financial institutions that furnish information to “nationwide” consumer reporting agencies, as defined in Section 603(p), must notify consumers in writing if they may furnish or have furnished negative information to a CRA. Section 623(a)(7). The Consumer Financial Protection Bureau has prescribed model disclosures, 12 CFR Part 1022, App. B.

 

Duties When Furnishing Medical Information

A furnisher whose primary business is providing medical services, products, or devices (and such furnisher's agents or assignees) is a medical information furnisher for the purposes of the FCRA and must notify all CRAs to which it reports of this fact. Section 623(a)(9). This notice will enable CRAs to comply with their duties under Section 604(g) when reporting medical information.

 

Duties when ID Theft Occurs

All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information furnished is the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. Section 623(a)(6). If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each consumer reporting agency of the correct information and must thereafter report only complete and accurate information. Section 623(a)(2). When any furnisher of information is notified pursuant to the procedures set forth in Section 605B that a debt has resulted from identity theft, the furnisher may not sell, transfer, or place for collection the debt except in certain limited circumstances. Section 615(f).

 

The Consumer Financial Protection Bureau website, consumerfinance.gov/learnmore, has more information about the FCRA.

 

Citations for FCRA sections in the U.S. Code, 15 U.S.C. § 1681 et seq.:

 

Section 602        15 U.S.C. 1681                             Section 615        15 U.S.C. 1681m

Section 603        15 U.S.C. 1681a                           Section 616        15 U.S.C. 1681n

Section 604        15 U.S.C. 1681b                           Section 617        15 U.S.C. 1681o

Section 605        15 U.S.C. 1681c                           Section 618        15 U.S.C. 1681p

Section 605A      15 U.S.C. 1681c-1                         Section 619        15 U.S.C. 1681q

Section 605B      15 U.S.C. 1681c-2                         Section 620        15 U.S.C. 1681r

Section 606        15 U.S.C. 1681d                           Section 621        15 U.S.C. 1681s

Section 607        15 U.S.C. 1681e                           Section 622        15 U.S.C. 1681s-1

Section 608        15 U.S.C. 1681f                            Section 623        15 U.S.C. 1681s-2

Section 609        15 U.S.C. 1681g                           Section 624        15 U.S.C. 1681t

Section 610        15 U.S.C. 1681h                           Section 625        15 U.S.C. 1681u

Section 611        15 U.S.C. 1681i                            Section 626        15 U.S.C. 1681v

Section 612        15 U.S.C. 1681j                            Section 627        15 U.S.C. 1681w

Section 613        15 U.S.C. 1681k                           Section 628        15 U.S.C. 1681x

Section 614        15 U.S.C. 1681l                            Section 629        15 U.S.C. 1681y