User Agreement and Terms of Service
Delta Hawk Protective Agency shall be known as “The Site” in this agreement. In order to access any of the data that The Site provides, users must agree to all of the following terms and conditions.
- The information reported by The Site constitutes personal information that is regulated by the Fair Credit Reporting Act (FCRA). The provisions of the FCRA can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm. The Site complies with the FCRA, including:
- A) Section 607(d), which requires that we provide clients with a prescribed notice of their duties as users of consumer reports under the FCRA. Those duties are set forth at OBLIGATIONS OF USERS UNDER THE FCRA below and are hereby being provided to you;
- B) Section 609, which imposes the requirement that CRAs disclose all the information in their files on a consumer upon request; and
- C) Section 604, which limits the purposes for which information may be provided. We rely upon certifications provided by our clients that the information is sought to be used for (or to be provided for) employment purposes; tenant screening purposes; purposes related to a business transaction initiated by the consumer; other permissible purposes as defined by the FCRA (Section 604 outlines all of the permissible purposes in detail); and no other purpose.
- For reports used in employment screening, user will obtain written permission from the applicant to obtain this report from this site. User agrees to provide (fax or e-mail) to Delta Hawk Protective Agency with the approval and consent forms plus the employment application form. Failure to provide forms to Delta Hawk Protective Agency, delta Hawk reserves the right to withhold the report without a refund.
- User agrees not to use the data to resale for any purposes which violations of state and federal employment laws or regulations, including specifically, all applicable provisions of the FCRA.
- I certify that the information I obtain from The Site will be used by me exclusively for “permissible purposes” as defined in the FCRA.
- User agrees to pay for responses returned of all reports even if said report include “no records found”.
- User acknowledge that the price of each report is for one individual search only.
- All materials obtained from Delta Hawk Protective Agency data are distributed “as is” and all reports are without express or implied warranties of any kind, including, but not limited to, warranties of title or non-infringement, implied warranties of merchantability, or fitness for a particular purpose. Delta Hawk Protective Agency makes no warranty as to the quality, accuracy, completeness, timeliness and validity of any materials from the data.
- User understands that all information sold by Delta Hawk Protective Agency receives information from TLOxp a data source that compiles public records obtained from state, local, and federal government offices and may not be 100% complete or accurate.
- Users agree that the Term & Agreement have been read and understand that the data used form Delta Hawk Protective Agency’s reports are limitations of the contents of each database.
- In the states of California, Connecticut, Maine, Minnesota and Indiana, employers are required to verify any court record returned from instant reports prior to taking adverse action. If you obtain an instant report from us for use in those states or for a resident of California, you certify that you will confirm the current state of the court record prior to taking adverse action.
- These terms and conditions are governed by and shall be construed in accordance with the laws of the state of California, without regard to conflicts of law provisions. You hereby consent to the exclusive jurisdiction of and venue of the courts in Shasta County, Ca for all legal actions related to all reports, data, or this Agreement. This Agreement constitutes the entire Agreement between Delta Hawk Protective Agency, Delta Hawk Protective Agency and you, and it supercedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic. If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force.
- I AGREE TO INDEMNIFY AND HOLD HARMLESS DELTA HAWK PROTECTIVE AGENCY, AND ITS OFFICERS, DIRECTORS AND EMPLOYEES FOR ANY CLAIM FOR DAMAGES (INCLUDING ATTORNEY’S FEES AND EXPENSES INCURRED BY DELTA HAWK PROTECTIVE AGENCY IN DEFENDING ANY CLAIM FOR DAMAGES) RESULTING FROM INFORMATION DERIVED FROM SEARCHES I PERFORMED ON THE SITE.
- I UNDERSTAND AND AGREE THAT MY USE OF THE SITE AND/OR DATA RESOLD BY THE SITE IS ENTIRELY AT MY SOLE RISK. I UNDERSTAND AND AGREE THAT DELTA HAWK PROTECTIVE AGENCY WILL NOT BE RESPONSIBLE TO ME OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES INCURRED IN CONNECTION WITH MY USE OF THE SITE OR DATA RESOLD BY THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF DELTA HAWK PROTECTIVE AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
Additional FCRA Certifications for Employment-Related Checks
I, the “User”certify as follows:
- A clear and conspicuous disclosure has been made in writing to the consumer by User (in a document that consists solely of the disclosure) stating that a consumer report may be obtained for employment purposes;
- The consumer has authorized in writing the procurement of the consumer report that is being ordered;
- Information from the report to be provided by The Site will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation, or any other applicable law; and
- If applicable, User will comply with the adverse action requirements described in Section 604(b)(3) of the Fair Credit Reporting Act, as well as any other pertinent adverse action requirements.
Additional FCRA Certifications for California
To the extent that that the consumer about which you are ordering a report resides in California, is applying to work in California, or presently works in California, you, the “User”, certify that you have met all California legal requirements for obtaining an investigative consumer report from The Site. Among other things, you certify that:
- A clear and conspicuous written notice has been provided to consumer that is the subject of the report (in a document that consists solely of the disclosure) specifying: (1) that an investigative consumer report may be obtained; (2) End-User’s permissible purpose for receiving the report; (3) that the report may include information on the consumer’s character, general reputation, personal characteristics, and mode of living; (4) Delta Hawk Protective Agency LLC’s name, address, and telephone number; (5) the nature and scope of the investigation requested, including a summary of the provisions of Cal Civ. Code. § 1786.22; and (6) Delta Hawk Protective Agency LLC’s website address (so the consumer can find more information about Delta Hawk Protective Agency LLC’s privacy practices and whether the consumer’s personal information will be sent outside of the United States or its territories);
- You provided the consumer an opportunity to check a box on a document to indicate that he/she would like a copy of the report, and such document included Delta Hawk Protective Agency name, address, and telephone number and how to contact Delta Hawk Protective Agency;
- You provided the consumer an opportunity to check a box on a document to indicate that he/she would like a copy of the report, and such document included Delta Hawk Protective Agency’s name, address, and telephone number and how to contact Delta Hawk Protective Agency;
- You will provide a copy of the report to the consumer within three business days of receiving the report from Delta Hawk Protective Agency if the consumer checks the box requesting a copy of the report; and
- You will comply with Cal. Civ. Code § 1786.40, if the taking of adverse action is a consideration.
All users of consumer reports must comply with all applicable regulations. Information about applicable regulations currently in effect can be found at the Consumer Financial Protection Bureau’s website, www.consumerfinance.gov/learnmore.
NOTICE TO USERS OF CONSUMER REPORTS: OBLIGATIONS OF USERS UNDER THE FCRA
The Fair Credit Reporting Act (FCRA), 15 U.S.C. §1681‐1681y, requires that this notice be provided to inform users of consumer reports of their legal obligations. State law may impose additional requirements. The text of the FCRA is set forth in full at the Bureau of Consumer Financial Protection’s (CFPB) website at www.consumerfinance.gov/learnmore. At the end of this document is a list of United States Code citations for the FCRA. Other information about user duties is also available at the CFPB’s website. Users must consult the relevant provisions of the FCRA for details about their obligations under the FCRA.
The first section of this summary sets forth the responsibilities imposed by the FCRA on all users of consumer reports. The subsequent sections discuss the duties of users of reports that contain specific types of information, or that are used for certain purposes, and the legal consequences of violations. If you are a furnisher of information to a consumer reporting agency (CRA), you have additional obligations and will receive a separate notice from the CRA describing your duties as a furnisher.
- OBLIGATIONS OF ALL USERS OF CONSUMER REPORTS
- Users Must Have a Permissible Purpose
Congress has limited the use of consumer reports to protect consumers’ privacy. All users must have a permissible purpose under the FCRA to obtain a consumer report. Section 604 contains a list of the permissible purposes under the law. These are:
- As ordered by a court or a federal grand jury subpoena. Section 604(a)(1)
- As instructed by the consumer in writing. Section 604(a)(2)
- For the extension of credit as a result of an application from a consumer, or the review or collection of a
consumer’s account. Section 604(a)(3)(A)
- For employment purposes, including hiring and promotion decisions, where the consumer has given
written permission. Sections 604(a)(3)(B) and 604(b)
- For the underwriting of insurance as a result of an application from a consumer. Section 604(a)(3)(C)
- When there is a legitimate business need, in connection with a business transaction that is initiated by
the consumer. Section 604(a)(3)(F)(i)
- To review a consumer’s account to determine whether the consumer continues to meet the terms of the
account. Section 604(a)(3)(F)(ii)
- To determine a consumer’s eligibility for a license or other benefit granted by a governmental
instrumentality required by law to consider an applicant’s financial responsibility or status. Section
- For use by a potential investor or servicer, or current insurer, in a valuation or assessment of the credit or
prepayment risks associated with an existing credit obligation. Section 604(a)(3)(E)
- For use by state and local officials in connection with the determination of child support payments, or
modifications and enforcement thereof. Sections 604(a)(4) and 604(a)(5)
In addition, creditors and insurers may obtain certain consumer report information for the purpose of making “prescreened” unsolicited offers of credit or insurance. Section 604(c). The particular obligations of users of “prescreened” information are described in Section VII below.
- Users Must Provide Certifications
Section 604(f) prohibits any person from obtaining a consumer report from a consumer reporting agency (CRA) unless the person has certified to the CRA the permissible purpose(s) for which the report is being obtained and certifies that the report will not be used for any other purpose.
- Users Must Notify Consumers When Adverse Actions Are Taken
The term “adverse action” is defined very broadly by Section 603. “Adverse actions” include all business,
and employment actions affecting consumers that can be considered to have a negative impact as defined by Section 603(k) of the FCRA – such as denying or canceling credit or insurance, or denying employment or promotion. No adverse action occurs in a credit transaction where the creditor makes a counteroffer that is accepted by the consumer.
- Adverse Actions Based on Information Obtained From a CRA
If a user takes any type of adverse action as defined by the FCRA that is based at least in part on information contained in a consumer report, Section 615(a) requires the user to notify the consumer. The notification may be done in writing, orally, or by electronic means. It must include the following:
- The name, address, and telephone number of the CRA (including a toll‐free telephone number, if it is a
nationwide CRA) that provided the report.
- A statement that the CRA did not make the adverse decision and is not able to explain why the decision
- A statement setting forth the consumer’s right to obtain a free disclosure of the consumer’s file from the
CRA if the consumer makes a request within 60 days.
- A statement setting forth the consumer’s right to dispute directly with the CRA the accuracy or
completeness of any information provided by the CRA.
- Adverse Actions Based on Information Obtained From Third Parties Who Are Not Consumer Reporting Agencies
If a person denies (or increases the charge for) credit for personal, family, or household purposes based either wholly or partly upon information from a person other than a CRA, and the information is the type of consumer information covered by the FCRA, Section 615(b)(1) requires that the user clearly and accurately disclose to the consumer his or her right to be told the nature of the information that was relied upon if the consumer makes a written request within 60 days of notification. The user must provide the disclosure within a reasonable period of time following the consumer’s written request.
- Adverse Actions Based on Information Obtained From Affiliates
If a person takes an adverse action involving insurance, employment, or a credit transaction initiated by the consumer, based on information of the type covered by the FCRA, and this information was obtained from an entity affiliated with the user of the information by common ownership or control, Section 615(b)(2) requires the user to notify the consumer of the adverse action. The notice must inform the consumer that he or she may obtain a disclosure of the nature of the information relied upon by making a written request within 60 days of receiving the adverse action notice. If the consumer makes such a request, the user must disclose the nature of the information not later than 30 days after receiving the request. If consumer report information is shared among affiliates and then used for an adverse action, the user must make an adverse action disclosure as set forth in I.C.1 above.
- Users Have Obligations When Fraud and Active Duty Military Alerts are in Files
When a consumer has placed a fraud alert, including one relating to identity theft, or an active duty military alert with a nationwide consumer reporting agency as defined in Section 603(p) and resellers, Section 605A(h) imposes limitations on users of reports obtained from the consumer reporting agency in certain circumstances, including the establishment of a new credit plan and the issuance of additional credit cards. For initial fraud alerts and active duty alerts, the user must have reasonable policies and procedures in place to form a belief that the user knows the identity of the applicant or contact the consumer at a telephone number specified by the consumer; in the case of extended fraud alerts, the user must contact the consumer in accordance with the contact information provided in the consumer’s alert.
- Users Have Obligations When Notified of an Address Discrepancy
Section 605(h) requires nationwide CRAs, as defined in Section 603(p), to notify users that request reports when the address for a consumer provided by the user in requesting the report is substantially different from the addresses in the consumer’s file. When this occurs, users must comply with regulations specifying the procedures to be followed. Federal regulations are available at www.consumerfinance.gov/learnmore/.
- Users Have Obligations When Disposing of Records
Section 628 requires that all users of consumer report information have in place procedures to properly dispose of records containing this information. Federal regulations have been issued that cover disposal.
- CREDITORS MUST MAKE ADDITIONAL DISCLOSURES
If a person uses a consumer report in connection with an application for, or a grant, extension, or provision of, credit to a consumer on material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from or through that person, based in whole or in part on a consumer report, the person must provide a risk‐based pricing notice to the consumer in accordance with regulations prescribed by the CFPB.
Section 609(g) requires a disclosure by all persons that make or arrange loans secured by residential real property (one to four units) and that use credit scores. These persons must provide credit scores and other information about credit scores to applicants, including the disclosure set forth in Section 609(g)(1)(D) (“Notice to the Home Loan Applicant”).
III. OBLIGATIONS OF USERS WHEN CONSUMER REPORTS ARE OBTAINED FOR EMPLOYMENT PURPOSES
- Employment Other Than in the Trucking Industry
If information from a CRA is used for employment purposes, the user has specific duties, which are set forth in Section 604(b) of the FCRA. The user must:
- Make a clear and conspicuous written disclosure to the consumer before the report is obtained, in a
document that consists solely of the disclosure, that a consumer report may be obtained.
- Obtain from the consumer prior written authorization. Authorization to access reports during the term of
employment may be obtained at the time of employment.
- Certify to the CRA that the above steps have been followed, that the information being obtained will not
be used in violation of any federal or state equal opportunity law or regulation, and that, if any adverse action is to be taken based on the consumer report, a copy of the report and a summary of the consumer’s rights will be provided to the consumer.
- Before taking an adverse action, the user must provide a copy of the report to the consumer as well as the summary of consumer’s rights. (The user should receive this summary from the CRA.) A Section 615(a) adverse action notice should be sent after the adverse action is taken.
An adverse action notice also is required in employment situations if credit information (other than transactions and experience data) obtained from an affiliate is used to deny employment. Section 615(b)(2).
The procedures for investigative consumer reports and employee misconduct investigations are set forth below.
- Employment in the Trucking Industry
Special rules apply for truck drivers where the only interaction between the consumer and the potential employer is by mail, telephone, or computer. In this case, the consumer may provide consent orally or electronically, and an adverse action may be made orally, in writing, or electronically. The consumer may obtain a copy of any report relied upon by the trucking company by contacting the company.
- OBLIGATIONS WHEN INVESTIGATIVE CONSUMER REPORTS ARE USED
Investigative consumer reports are a special type of consumer report in which information about a consumer’s character, general reputation, personal characteristics, and mode of living is obtained through personal interviews by an entity or person that is a consumer reporting agency. Consumers who are the subjects of such reports are given special rights under the FCRA. If a user intends to obtain an investigative consumer report, Section 606 requires the following:
- The user must disclose to the consumer that an investigative consumer report may be obtained. This must be done in a written disclosure that is mailed, or otherwise delivered, to the consumer at some time before or not later than three days after the date on which the report was first requested. The disclosure must include a statement informing the consumer of his or her right to request additional disclosures of
the nature and scope of the investigation as described below, and the summary of consumer rights required by Section 609 of the FCRA. (The summary of consumer rights will be provided by the CRA that conducts the investigation.)
- The user must certify to the CRA that the disclosures set forth above have been made and that the user will make the disclosure described below.
- Upon the written request of a consumer made within a reasonable period of time after the disclosures required above, the user must make a complete disclosure of the nature and scope of the investigation. This must be made in a written statement that is mailed or otherwise delivered, to the consumer no later than five days after the date on which the request was received from the consumer or the report was first requested, whichever is later in time.
- SPECIAL PROCEDURES FOR EMPLOYMEE INVESTIGATIONS
Section 603(x) provides special procedures for investigations of suspected misconduct by an employee or for compliance with Federal, state or local laws and regulations or the rules of a self‐regulatory organization, and compliance with written policies of the employer. These investigations are not treated as consumer reports so long as the employer or its agent complies with the procedures set forth in Section 603(x), and a summary describing the nature and scope of the inquiry is made to the employee if an adverse action is taken based on the investigation.
- OBLIGATIONS OF USERS OF MEDICAL INFORMATION
Section 604(g) limits the use of medical information obtained from consumer reporting agencies (other than payment information that appears in a coded form that does not identify the medical provider). If the information is to be used for an insurance transaction, the consumer must give consent to the user of the report or the information must be coded. If the report is to be used for employment purposes – or in connection with a credit transaction (except as provided in regulations issued by the banking and credit union regulators) – the consumer must provide specific written consent and the medical information must be relevant. Any user who receives medical information shall not disclose the information to any other person (except where necessary to carry out the purpose for which the information was disclosed, or as permitted by statute, regulation, or order).
VII. OBLIGATIONS OF USERS OF “PRESCREENED” LISTS
The FCRA permits creditors and insurers to obtain limited consumer report information for use in connection with unsolicited offers of credit or insurance under certain circumstances. Sections 603(1), 604(c), 604(e), and 615(d). This practice is known as “prescreening” and typically involves obtaining from a CRA a list of consumers who meet certain preestablished criteria. If any person intends to use prescreened lists, that person must (1) before the offer is made, establish the criteria that will be relied upon to make the offer and to grant credit or insurance, and (2) maintain such criteria on file for a three‐year period beginning on the date on which the offer is made to each consumer. In addition, any user must provide with each written solicitation a clear and conspicuous statement that:
- Information contained in a consumer’s CRA file was used in connection with the transaction.
- The consumer received the offer because he or she satisfied the criteria for credit worthiness or
insurability used to screen for the offer.
- Credit or insurance may not be extended if, after the consumer responds, it is determined that the
consumer does not meet the criteria used for screening or any applicable criteria bearing on credit
worthiness or insurability, or the consumer does not furnish required collateral.
- The consumer may prohibit the use of information in his or her file in connection with future
prescreened offers of credit or insurance by contacting the notification system established by the CRA that provided the report. The statement must include the address and toll‐free telephone number of the appropriate notification system.
In addition, the CFPB has established the format, type size, and manner of the disclosure required by Section 615(d), with which users must comply. The relevant regulation is 12 CFR 1022.54.
- Disclosure and Certification Requirements
Section 607(e) requires any person who obtains a consumer report for resale to take the following steps:
- Disclose the identity of the end‐user to the source CRA.
- Identify to the source CRA each permissible purpose for which the report will be furnished to the end‐
- Establish and follow reasonable procedures to ensure that reports are resold only for permissible
purposes, including procedures to obtain:
- (1) the identity of all end‐users;
- (2) certifications from all users of each purpose for which reports will be used; and
- (3) certifications that reports will not be used for any purpose other than the purpose(s) specified to
the reseller. Resellers must make reasonable efforts to verify this information before selling the report.
- Reinvestigations by Resellers
Under Section 611(f), if a consumer disputes the accuracy or completeness of information in a report prepared by a reseller, the reseller must determine whether this is a result of an action or omission on its part and, if so, correct or delete the information. If not, the reseller must send the dispute to the source CRA for reinvestigation. When any CRA notifies the reseller of the results of an investigation, the reseller must immediately convey the information to the consumer.
- Fraud Alerts and Resellers
Section 605A(f) requires resellers who receive fraud alerts or active duty alerts from another consumer reporting agency to include these in their reports.
- LIABILITY FOR VIOLATIONS OF THE FCRA
Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well as private lawsuits. Sections 616, 617, and 621. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution. Section 619.
The CFPB’s website, www.consumerfinance.gov/learnmore, has more information about the FCRA, including publications for businesses and the full text of the FCRA.
Citations for FCRA sections in the U.S. Code, 15 U.S.C. § 1681 et seq.:
Section 602 Section 603 Section 604 Section 605 Section 605A Section 605B Section 606 Section 607 Section 608 Section 609 Section 610 Section 611 Section 612 Section 613 Section 614
15 U.S.C. 1681 15 U.S.C. 1681a 15 U.S.C. 1681b 15 U.S.C. 1681c 15 U.S.C. 1681cA 15 U.S.C. 1681cB 15 U.S.C. 1681d 15 U.S.C. 1681e 15 U.S.C. 1681f 15 U.S.C. 1681g 15 U.S.C. 1681h 15 U.S.C. 1681i 15 U.S.C. 1681j 15 U.S.C. 1681k 15 U.S.C. 1681l
Section 615 Section 616 Section 617 Section 618 Section 619 Section 620 Section 621 Section 622 Section 623 Section 624 Section 625 Section 626 Section 627 Section 628 Section 629
15 U.S.C. 1681m 15 U.S.C. 1681n 15 U.S.C. 1681o 15 U.S.C. 1681p 15 U.S.C. 1681q 15 U.S.C. 1681r 15 U.S.C. 1681s 15 U.S.C. 1681s‐1 15 U.S.C. 1681s‐2 15 U.S.C. 1681t 15 U.S.C. 1681u 15 U.S.C. 1681v 15 U.S.C. 1681w 15 U.S.C. 1681x 15 U.S.C. 1681y
In order to fulfill requirements put forth by the party you applied with, we search various databases and county records.