By Clicking Terms and Conditions you are agreeing to the following:
All Genesis Background Screening Services customers that purchase Genesis Direct products online, are subject to a one-time, NON-REFUNDABLE registration fee of $19.99. This fee covers our expense to verify your company’s permissible, legal use of the background information you want to purchase. We will make every reasonable effort to help you through the process legally, but if you cannot qualify, the registration fee is NON-REFUNDABLE. Once you are qualified, you will pay only for the searches plus any Federal, state, local, court, and DMV fees that are required for your selected reports.
It is unlawful to seek confidential information on individuals without legal and permissible purpose. Genesis Background Screening Services is a CRA (Consumer Reporting Agency) and follows all FCRA (Fair Credit Reporting Act) laws, state laws, and criteria for providing background reports to companies. All customers purchasing background reports with the Genesis Direct Online Tool are required to follow all laws in regard to their job applicants: informing applicants of their rights regarding background reports, gaining permission, and providing them copies on request. It is your responsibility to retain records of all background report transactions between you and your applicants and employees.
All customers who use Genesis Background Screening Services are required to read and follow the FCRA laws and state regulations supplied on our website when purchasing background reports.
Genesis Background Screening Services does not provide background reports to: home based businesses, individuals wishing to conduct a background check on another individual, or any business that cannot be verified to have legal, permissible use for background reports.
Your use of Genesis Background Screening Services is specifically for your company and may not be used by or transferred to any other company or individual. Your login information is to be protected and used only by authorized personnel in your company.
At no time are you allowed to alter, change, interfere, or do anything that would damage, infringe, or disrupt Genesis Background Screening Services’ website or any of our service providers’ websites. You may not do anything thatviolates the privacy of any third party.
As a consumer reporting agency governed by the federal Fair Credit Reporting Act (FCRA) among other applicable state and federal laws, Genesis Background Screening Services is committed to protecting your privacy.
When browsing the Genesis Background Screening Services’ publicly accessible web site, you do so anonymously. Genesis Background Screening Services collects personally identifiable information from you only if you choose to provide this information to us. In some instances, Genesis Background Screening Services may collect non-personal (e.g., aggregate or demographic) data through cookies. This information is used to better understand and improve the usability, performance and effectiveness of the Genesis Background Screening Services.com web site, as is further described below under “Cookies and Tracking Technology”.
Should you decide to provide information while on the website, the types of personal information we may collect about you through our publicly accessible web site include the following: (a) contact and identifying information (e.g., name, address, e-mail address, phone and fax numbers, employer(s), job title) in connection with your expression of interest in receiving information about, or your registering for, Genesis Background Screening Services products or services; (b) your resume information and employment application information in response to Genesis Background Screening Services job openings; and (c) any other personal information that you may voluntarily provide to us in an online form or through an e-mail.
Access to certain Genesis Background Screening Services web pages and online services by Genesis Background Screening Services’ clients and their employees and job applicants is not available to the general public and requires a login code and password provided by Genesis Background Screening Services. The use of those web pages, and the information downloadable to and from those pages, are governed by a written agreement between Genesis Background Screening Services and its clients. On these web pages, Genesis Background Screening Services collects only information that the user voluntarily shares with Genesis Background Screening Services.
If you are using this web site to inquire about employment screening with Genesis Background Screening Services, we collect the information requested on our account application form, including contact information and financial information (such as credit card number or billing information). This information is used for internal purposes, such as account establishment, billing, fulfillment of orders and customer service.
How We Use Your Personal Information
When your personal information is collected on Genesis Background Screening Services’ publicly accessible web site, Genesis Background Screening Services will inform you at the point of collection of the purpose for the collection. Genesis Background Screening Services will use your personal information only in the way we specify when it is collected unless you consent to a different use. For example, Genesis Background Screening Services may use personal information submitted to set up and maintain your account. Genesis Background Screening Services also may use the personal information you provide to answer your questions and inquiries, to support Genesis Background Screening Services’ own recruitment activities in response to your inquiries into Genesis Background Screening Services’ job postings, and to provide newsletters and other information (if any) that you have requested. If you have provided your personal information over this web site in connection with a background screen ordered by Genesis Background Screening Services’ client (your employer or prospective employer) Genesis Background Screening Services may use your personal information to perform your background screen for that client. Genesis Background Screening Services will not use your information to conduct a background screening investigation and create a report unless Genesis Background Screening Services’ client completes a certification required by the FCRA and any other applicable law. In this certification, Genesis Background Screening Services’ client certifies to Genesis Background Screening Services that it has a legally permissible purpose for ordering the background screen, and that it has, to the extent required by applicable law, and obtained your informed consent to conduct the background screen.
Information Sharing and Disclosure
Genesis Background Screening Services may disclose personal information as necessary or appropriate in connection with any of the purposes for which we use personal information as described above in “How We Use Your Personal Information”.
When Genesis Background Screening Services conducts a background screening investigation about you, Genesis Background Screening Services may disclose to your employer or prospective employer information that you submit through this web site. Genesis Background Screening Services also may disclose your information to a third-party representative or subcontractor authorized by Genesis Background Screening Services to assist in the background screening investigation. These third parties include service providers that help host or support the web site or otherwise provide technical assistance, court researchers and other service vendors. Genesis Background Screening Services transfers to these representatives and subcontractors only the personal information they need to deliver to Genesis Background Screening Services (for the benefit of Genesis Background Screening Services’ client) the requested product or service. Genesis Background Screening Services prohibits these third parties from using that information for any other purpose. Genesis Background Screening Services requires that these parties maintain commercially reasonable measures to protect the confidentiality of your information.
Cookies and Tracking Technology
Genesis Background Screening Services’ web site may use the standard technology called a “cookie” to collect information about how you use the web site. A cookie is a small data file that is transferred to your hard drive and used for record-keeping purposes. A cookie file can contain information such as the URL you came from, your computer’s IP address (i.e., the Internet address of your computer) and domain type (e.g., .com or .org, etc.), your browser type, the country, state and telephone area code where your server is located, the pages of our site that were viewed during a visit, and any search terms that you entered on our site. This information is used for internal purposes only, and we do not link your URL or IP address to any personal information unless you have logged into our web site with a Genesis Background Screening Services account login and password.
Genesis Background Screening Services is committed to protecting the personal information that Genesis Background Screening Services receives about consumers. While we cannot guarantee the security of that information, we utilize a combination of online and offline security technologies, procedures and organizational measures to help safeguard consumer information against loss, misuse, and unauthorized access, disclosure, alteration and destruction.
We employ Secure Socket Layer (SSL) data encryption when data is transmitted over the Internet to our web site. We have installed layered firewalls and other security technologies to help prevent unauthorized access to our systems. Strong password protection protocols are used on our computers, and employees are kept up-to-date on our security and privacy policies. The servers used to store consumer information are maintained in a secure environment with appropriate security measures.
Your Ability to Review or Modify Personal Information, or Unsubscribe Genesis Background Screening Services strives to protect the quality and integrity of your personal information. If you have provided your personal information (such as zip code, phone, e-mail or postal address) to Genesis Background Screening Services while browsing Genesis Background Screening Services’ publicly accessible web site, and wish to update such personal information (if any) that you have provided us, please e-mail us at email@example.com. Also, if you wish to unsubscribe from any of our newsletters or other communications for which you have registered, you may e-mail us at firstname.lastname@example.org. If you are a Genesis Background Screening Services client with a registered account, you may review (and update) your account information by logging into your account. If you are an employee or job applicant of a Genesis Background Screening Services client, and have submitted personal information to Genesis Background Screening Services at the request of such client for purposes of procuring a background report, then you can review your Genesis Background Screening Services file in accordancewith your file disclosure rights under the Fair Credit Reporting Act and California Civil Code Section 1786.22 by contacting Genesis Background Screening Services’ Customer Service Department at email@example.com. You can review a summary of your consumer rights (including file disclosure rights) under the Fair Credit Reporting Act by accessing: http://www.ftc.gov/os/2004/11/041119factaappf.pdf.
Children Under Age 18
Genesis Background Screening Services does not offer services to children under the age of 18, and this web site is not directed to children under the age of 18. Genesis Background Screening Services does not knowingly collect information about children under the age of 18.
Genesis Background Screening Services, Inc.
1119 Mission Road, #126
Fallbrook, CA 92028
Effective Date: January 1, 2016
This Service Agreement (“Agreement”) is entered into by and between Genesis Background Screening Services, a California Corporation (GBSS), and Client. Whereas, GBSS obtains consumer information from credit reporting consumer agencies, public records, investigations and databases; Whereas, Client has need for consumer information to evaluate individuals (“consumers”) for employment, or retention as an employee, and wishes GBSS to compile Consumer Reports (“Reports”)’; and Whereas, GBSS agrees to supply such reports under the terms and conditions herein: and Whereas, GBSS and Client agree to comply with applicable state and federal laws for use of consumer information for employment purposes, including the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §1681 et seq. Therefore, parties agree to the following:
1. Services Provided: GBSS will provide reports to Client for permissible and legal purposes only. Upon authorization from Consumer, GBSS will provide reports and services as outlined in the attached Proposal for Services. Client agrees to order and retrieve reports from the Genesis 24/7 platform. Should Client require special reports other than described in the original proposal, additional programming costs may apply. 2. Confidentiality: GBSS will use best efforts in maintaining confidentiality of all transactions. Release of information will be done by compliance under FCRA and applicable state laws.
3. Billing: Client agrees to pay rates detailed in the attached proposal and/or the 24/7 platform, as well as additional fees incurred for procurement of reports (if any), fees vary and may change without notice and records providers may impose additional fees for extraordinary research. Fees are a straight pass through, no mark-up added. GBSS will make reasonable efforts to contact Client if additional fees are required to process your order. GBSS does not guarantee this will always be possible, and cannot make guarantees to the amount or frequency of additional fees. Invoices are generated as orders are placed and are considered the point of sale, though additional fees may be charged. Should GBSS be able to cancel an order, it may result in a credit less a service charge. Order transactions are billed directly at the point of sale to your credit card. Client is responsible for correctness of information at point oforder entry, additional admin steps and/or expenses will be incurred by GBSS should client order entry need correction, and may result in additional billing. Interest of 1.5% will be added to unpaid balances past thirty one days, and each 30 days thereafter. Client agrees that if formal collection efforts are required by GBSS to collect unpaid balances, Client will pay reasonable attorney fees and court costs associated with collection efforts.
4. Term: This Agreement shall be in effect for twelve (12) months from signing date and shall automatically renew annually each twelve (12) months thereafter for an additional twelve (12) month period, unless otherwise provided for in Paragraph 5 of this Agreement. Client will be provided 30 day notice of price changes, with the exception of court fees or state DMV fees as they are subject to change without notification.
5. Termination: Either party may cancel this Agreement immediately for material violation of the terms of this Agreement upon written notice to the other party. Agreement may be cancelled without cause by providing the other party ten (10) days written notice of intent to terminate. Client agrees to pay for all reports and services procured prior to termination. GBSS may terminate Agreement immediately for misuse of reports or information provided to Client by GBSS or any material violation of any law by Client in use of reports or information.
6. Cancellation: Should Client require cancellation of Report after ordering, but before receiving, Client agrees to pay for all services in process up to time of cancellation. Should a Drug Screening order be cancelled or allowed to expire, there will be a fee assessed upon the order.
7. Warranty: GBSS agrees to act in good faith furnishing Client with information that is deemed reliable. Reports provided by GBSS are obtained from private, personal and governmental sources that can be fallible, GBSS reports what it gathers, consolidates and stores. This information is reported from verification sources and GBSS cannot guarantee the truthfulness, accuracy, timeliness or completeness of information reported by these sources. GBSS does not guarantee that all information sought by Client can be obtained. Client agrees GBSS’ sole obligation and Client’s exclusive remedy for non-conformity in services shall be, at GBSS determination, re-performance of alleged nonconforming activity or refunding to Client the amounts paid for alleged nonconforming activity. Client agrees that GBSS shall not be liable to Client for lost profits, business goodwill or other direct or indirect damages arising out of the performance of services under this Agreement, except for willful misconduct or gross negligence by GBSS. Client releases GBSS, its officers, agents, employees from any liability, cost, or expense suffered by Client, directly or indirectly as a result of their actions based upon reports provided by GBSS. Client understands GBSS is not acting as legal counsel. All areas of concern should be reviewed by Client’s Human Resources Department and/or legal counsel before action is taken.
8. Indemnification: Client agrees that it shall be responsible for all actions, employment or otherwise, taken based upon reports or services provided by GBSS. Client is solely responsible for conduct and actions of its employees and agrees that GBSS has no liability to Client’s applicants, employees, customers or vendors based upon services provided, except in cases of willful misconduct or gross negligence by GBSS. Client agrees that it shall defend, indemnify and hold harmless GBSS from all claims, demands, liability, causes of actions, judgments, costs and attorney’s fees arising out of Client’s use of GBSS reports, information or services, except in cases of willful misconduct or gross negligence by GBSS. Client agrees it is responsible for compliance with FCRA, Americans with Disabilities Act, Drivers Protection Act, and all other applicable state and federal laws.
9. Duties of GBSS: GBSS agrees that:
a) It will, to the best of its ability, supply accurate information in a timely manner.
b) It will only provide such information as Client is entitled to receive under federal and state laws and regulations. c) It will, to the best of its ability, comply with all federal and state laws and regulations regarding the provision of Consumer Reports, including the provision of notices required by such laws. d) It will maintain strict procedures designed to insure that whenever public information which is likely to have anadverse effect on a consumer’s ability to obtain employment is reported as complete and up to date as possible. e) It will maintain a record of the purpose for which any Consumer Report is sought. f) It will retain the Consumer Report for three years from the date the report is provided to the Client. g) It will provide at least 7 years history of criminal convictions which are discovered and reportable and which comply with all federal and state laws and regulations. Some states and some convictions may be reportable for a period greater than 7 years. Client understands that reporting laws pertaining to periods past 7 years vary from county to county and state to state and with the type of conviction. Client understands Genesis will in all cases use its best understanding and interruption of reporting laws when providing conviction reports.
10. Arbitration: With the exception of collection efforts subject to Paragraph 3 of this Agreement, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, which cannot be resolved through direct conciliation efforts or voluntary mediation lasting not more than one (1) day in length, and which exceeds the jurisdiction limits of small claims court, shall be resolved by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). If the parties are unable to agree upon a neutral arbitrator, GBSS shall obtain a list of arbitrators from AAA, and the parties will take turns striking names from the list, with Client striking the first name. Any request for arbitration must be made, in writing, and conveyed to the other party within one year from the date on which the services in question were provided. This limitations period applies separately to each claim, which either party may bring, and is not subject to tolling or exceptions, equitable or otherwise. The parties agree that the arbitrator shall be bound by all applicable laws and shall have jurisdiction to award all relief available in law or equity that are requested by the parties and supported by credible, relevant and admissible evidence. The arbitrator shall be required to prepare a written decision, which may be reviewed by a court of competent jurisdiction for an abuse of discretion. The parties shall each bear their respective costs for legal representation at any such arbitration. Each party shall have the opportunity to conduct such discovery as is necessary to properly prepare their case for arbitration. Discovery shall initially be limited to the following: each party may take no more than two depositions, lasting no more than one day each; each party may propound no more than a single set of form interrogatories as approved by the Judicial Counsel; thirty five special interrogatories; thirty-five requests for admission (except regarding the authenticity of documents); and thirty-five requests for production of documents. The Arbitrator shall have the power to permit additional discovery upon a showing of good cause by the party seeking such additional discovery. Client agrees that only an arbitrator, not a judge or jury will decide the dispute. Any dispute raised by Client shall be decided individually. Client shall not bring or participate in any representative or class action against GBSS. Should a court of competent jurisdiction to deem any claim to be beyond the scope of this arbitration provision, that claim may be severed and all remaining claims shall be subject to this Agreement. Said arbitration shall take place in San Diego County, California, unless another location is mutually agreed upon by the parties.
11. Entire Agreement: The parties hereto agree that this Agreement, and all attachments and appendices hereto, constitute the entire Agreement of the parties regarding the subjects contained herein and supersedes any prior agreements, whether written or oral. This Agreement may only be amended by a written agreement, signed by both parties.
12. Governing Law
12. Governing Law: This Agreement shall be governed by the laws of the State of California, including all choice of law rules.
13. Severability: The unenforceability, invalidity or illegality of any provision hereof shall not render the other provisions unenforceable, invalid, or illegal, and such illegal, invalid or unenforceable provision shall be deemed severed here from and of no effect.14. Interpretation: This Amended Agreement shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against either of the Parties.
15. Successors: This Agreement shall insure to the benefit of and bind the heirs, personal representatives, successor,and assigns of the parties.
16. Section Headings: The various Section headings are intended only for convenience of reference and shall not affect the meaning or interpretation of this Agreement or any Section thereof.
17. No Waiver By Failure To Enforce: Waiver of any term or provision of this Agreement or forbearance to enforce any term or provision by either party shall not constitute a waiver as to any subsequent breach or failure of the same term or provision or a waiver of any other term or provision of this Agreement
By clicking the box, client confirms that they have read, understand and agree to the terms and conditions of this Agreement and attest to have direct knowledge of the facts certified in this Agreement.
Genesis Background Screening Services
Dave F. Katzenmeyer, President