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DSI Background & Credit Check Acknowledgement
Background Check Disclosure
Additional Disclosures
Background Check Authorization
California State Law Disclosures
California Credit Check Notice & Authorization
REVIEW DISCLOSURES & SIGN INITIAL DISCLOSURE FORM
A consumer report is a background check in which information (which may include, but is not limited to, creditworthiness, credit standing, credit capacity, criminal background, driving background, character, general reputation, personal characteristics, and mode of living) about you is gathered and communicated by a consumer reporting agency ("CRA") to Dynamic Systems Inc. and/or its subsidiaries, affiliates, other related entities, successors, and/or assigns (the "Company").
Company may obtain a consumer report on you to be used for employment purposes.
REVIEW ADDITIONAL DISCLOSURES & SIGN ADDITIONAL DISCLOSURE FORM
Investigative Consumer Report Disclosures
All applicants/employees: Dynamic Systems Inc. and/or its subsidiaries, affiliates, other related entities, successors, and/or assigns (the "Company"), may obtain an investigative consumer report on you to be used for employment purposes, including your application for employment. An investigative consumer report is a consumer report or portion thereof in which information on your character, general reputation, personal characteristics, or mode of living is obtained through personal (including telephonic) interviews with neighbors, friends, associates, acquaintances, or others with whom you are acquainted or who may have knowledge concerning such items of information. (In California, the term "investigative consumer report" has a different meaning, as explained in the separate California State Law Disclosures (if applicable).) You have a right to request from Company disclosures of the nature and scope of an investigative consumer report and a summary of your rights under the federal Fair Credit Reporting Act. Your request must be made in writing to Company at Dynamic Systems Inc. Attention HR Department, 3901 S Lamar Blvd, Suite 300, Austin, TX 78704 within a reasonable period of time after your receipt of this disclosure. A copy of "A Summary of Your Rights under the Fair Credit Reporting Act" is included below.
Para informacion en espanol, visite www.consumerfinance.gov/learnmore o escribe a la Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552.
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reponing agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records). Here is a summary of your major rights under the FCRA. For more information, including information about addilional rights, go to www.consumerfinance.gov/learnmore or write to: Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552.
You must be told if information in your file has been used against you. Anyone who uses a credit report or another type of consumer report to deny your application for credit, insurance, or employment - or to take another adverse action against you - must tell you, and must give you the name, address, and phone number of the agency that provided the information.
You have the right to know what is in your file. You may request and obtain all the information about you in the files of a consumer reporting agency (your "file disclosure"). You will be required to provide proper identification, which may include your Social Security number. In many cases, the disclosure will be free. You are entitled to a free file disclosure if:
- A person has taken adverse action against you because of information in your credit report;
- You are the victim of identity theft and place a fraud alert in your file;
- Your file contains inaccurate information as a result of fraud;
- You are on public assistance;
- You are unemployed but expect to apply for employment within 60 days.
In addition, all consumers are entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide specialty consumer reponmg agencies. See www.consumerfinance.gov/learnmore for additional information.
You have the right to ask for a credit score. Credit scores arc numerical summaries of your creditworthiness based on information from credit bureaus. You may request a credit score from consumer reporting agencies that create scores or distribute scores used in residential real property loans, but you will have to pay for it. In some mortgage transactions, you will receive credit score information for free from the mongage lender.
You have the right to dispute incomplete or inaccurate information. If you identify information in your file that is incomplete or inaccurate, and repon it to the consumer reporting agency. The agency must investigate unless your dispute is frivolous. See www.consumerfinance.gov/learnmore for an explanation of dispute procedures.
Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information. Inaccurate, incomplete, or unverifiable information must be removed or corrected, usually within 30 days. However, a consumer reporting agency may continue to report information it has verified as accurate.
Consumer reporting agencies may not report outdated negative information. In most cases, a consumer reporting agency may not repon negative information that is more than seven years old or bankruptcies that are more than 10 years old.
Access to your file is limited. A consumer reporting agency may provide information about you only to people with a valid need – usually to consider an application with a creditor, insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for access.
You must give your consent for reports to be provided to employers. A consumer reporting agency may not give out information about you to your employer, or a potential employer, without your written consent given to the employer. Written consent generally is not required in the trucking industry. For more information go to, www.consumerfinance.gov/learnmore.
You may limit "prescreened" offers of credit and insurance you get based on information in your credit report. Unsolicited "prescreened" offers for credit and insurance must include a toll-free phone number you can call if you choose to remove your name and address from the lists these offers are based on. You may opt out with the nationwide credit bureaus at 1-888-5-OPT-OUT (l-888-567-8688).
The following FCRA right applies with respect to nationwide consumer reporting agencies: CONSUMERS HAVE THE RIGHT TO OBTAIN A SECURITY FREEZE. You have a right to place a "security freeze" on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. However, you should be aware that using a security freeze to take control over who gets access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, or any other account involving the extension of credit. As an alternative to a security freeze, you have the right to place an initial or extended fraud alert on your credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumer's credit file. Upon seeing a fraud alert display on a consumer's credit file, a business is required to take steps to verify the consumer's identity before extending new credit. If you are a victim of identity theft, you are entitled to an extended fraud alert, which is a fraud alert lasting 7 years A security freeze does not apply to a person or entity or its affiliates, or collection agencies acting an behalf of the person or entity, with which you have an existing account that requests information in your credit report for the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account maintenance, monitoring credit line increases, and account upgrades and enhancements.
You may seek damages from violators. If a consumer reporting agency, or, in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court.
Identity theft victims and active duty military personnel have additional rights, For more information, visit www.consumerfinance.gov/learnmore.
States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have more rights under state law. For more information, contact your state or local consumer protection agency or your state Attorney General. For information about your federal rights, contact:
| TYPE OF BUSINESS | CONTACT |
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Assistant General Counsel for Office of Aviation Consumer Protection, Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590 |
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Office of Public Assistance, Governmental Affairs and Compliance, Surface Transportation Board, 395 E Street SW, Washington, DC 20423 |
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Nearest Packers and Stockyards Division Regional Office |
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Associate Administrator, Office of Capital Access, United Stales Small Business Administration, 409 Third Street SW, Suite 8200, Washington, DC 20416 |
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Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549 |
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Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090 |
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Federal Trade Commission, Consumer Response Center, 600 Pennsylvania Avenue NW, Washington, DC 20580, (877) 382-4357 |
State Disclosures
The state disclosures below are included because state law requires them to be provided in writing. Some of the below rights, notices, or information also may apply to applicants/employees from, applying to, or working in states not listed below. There may be additional requirements, options, or provisions applicable to you and you may have additional rights under applicable law that are not required to be disclosed to you in writing.
Colorado applicants/employees: If the Company obtains information bearing on your credit worthiness, credit standing or credit capacity, it will be because the information is substantially related to the job for which you are being considered/are currently occupying and to evaluate whether you would present an unacceptable risk of theft or other dishonest behavior in the job for which you are being considered/are currently occupying.
Connecticut applicants/employees: If the Company obtains information bearing on your credit worthiness, credit standing or credit capacity, it will be because the information is substantially related to the job for which you are being considered/are currently occupying and to evaluate whether you would present an unacceptable risk of theft or other dishonest behavior in the job for which you are being considered/are currently occupying.
Maryland applicants/employees: If the Company obtains information bearing on your credit worthiness, credit standing or credit capacity, it will be because the information is substantially related to the job for which you are being considered/are currently occupying and to evaluate whether you would present an unacceptable risk of theft or other dishonest behavior in the job for which you are being considered/are currently occupying.
Massachusetts applicants/employees: An investigative consumer report commonly includes information as to your character, general reputation, personal characteristics, and mode of living. The precise nature and scope of any investigative consumer report obtained by Company will be information as to your character, general reputation, personal characteristics, and mode of living obtained through personal (including telephonic) interviews with neighbors, friends, associates, acquaintances, or others with whom you are acquainted or who may have knowledge concerning such items of information. You have a right to have a copy of any investigative consumer report, upon request, from ISP/Promesa 5316 Hwy. 290 West, Suite 500, Austin, TX 78735 at 1-800-474-4420.
Minnesota applicants/employees: You have the right to request a complete and accurate disclosure of the nature and scope of any consumer report from ISP/Promesa 5316 Hwy. 290 West, Suite 500, Austin, TX 78735 at 1-800-474-4420. An investigative consumer report may be obtained on you and may include information obtained through personal interviews regarding your character, general reputation, personal characteristics, or mode of living.
Montana applicants/employees: You have a right to request from Company disclosures of the nature, scope, and substance of any investigative consumer report.
New Jersey applicants/employees: An investigative consumer report commonly includes information as to your character, general reputation, personal characteristics, and mode of living. The precise nature and scope of any investigative consumer report obtained by Company will be information as to your character, general reputation, personal characteristics, and mode of living obtained through personal (including telephonic) interviews with neighbors, friends, associates, acquaintances, or others with whom you are acquainted or who may have knowledge concerning such items of information. You have a right to have a copy of any investigative consumer report, upon request, from ISP/Promesa 5316 Hwy. 290 West, Suite 500, Austin, TX 78735 at 1-800-474-4420.
New York applicants/employees: Company may request or utilize subsequent consumer reports (other than investigative consumer reports) on you throughout your employment. Upon request, you will be informed whether or not a consumer report was requested, and if such report was requested, informed of the name and address of the CRA that furnished the report. Upon written request, you will be informed whether or not an investigative consumer report was requested, and if such report was requested, the name and address of the CRA to whom the request was made. Your written request should be made to Company at Dynamic Systems Inc. Attention HR Department, 3901 S Lamar Blvd, Suite 300, Austin, TX 78704. You may also contact the Company at 512-486-3876. Upon furnishing you with the name and address of the CRA, you will also be informed that you may inspect and receive a copy of such report by contacting the CRA. A copy of New York Correction Law Article 23-A is included below.
NEW YORK CORRECTION LAW
ARTICLE 23-A
LICENSURE AND EMPLOYMENT OF PERSONS PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL OFFENSES
§750. Definitions.
For the purposes of this article, the following terms shall have the following meanings:
- "Public agency" means the state or any local subdivision thereof, or any state or local department, agency, board or commission.
- "Private employer" means any person, company, corporation, labor organization or association which employs ten or more persons.
- "Direct relationship" means that the nature of criminal conduct for which the person was convicted has a direct bearing on his fitness or ability to perform one or more of the duties or responsibilities necessarily related to the license, opportunity, or job in question.
- "License" means any certificate, license, permit or grant of permission required by the laws of this state, its political subdivisions or instrumentalities as a condition for the lawful practice of any occupation, employment, trade, vocation, business, or profession. Provided, however, that "license" shall not, for the purposes of this article, include any license or permit to own, possess, carry, or fire any explosive, pistol, handgun, rifle, shotgun, or other firearm.
- "Employment" means any occupation, vocation or employment, or any form of vocational or educational training. Provided, however, that "employment" shall not, for the purposes of this article, include membership in any law enforcement agency.
§751. Applicability.
The provisions of this article shall apply to any application by any person for a license or employment at any public or private employer, who has previously been convicted of one or more criminal offenses in this state or in any other jurisdiction, and to any license or employment held by any person whose conviction of one or more criminal offenses in this state or in any other jurisdiction preceded such employment or granting of a license, except where a mandatory forfeiture, disability or bar to employment is imposed by law, and has not been removed by an executive pardon, certificate of relief from disabilities or certificate of good conduct. Nothing in this article shall be construed to affect any right an employer may have with respect to an intentional misrepresentation in connection with an application for employment made by a prospective employee or previously made by a current employee.
§752. Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited.
No application for any license or employment, and no employment or license held by an individual, to which the provisions of this article are applicable, shall be denied or acted upon adversely by reason of the individual's having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of "good moral character" when such finding is based upon the fact that the individual has previously been convicted of one or more criminal offenses, unless:
- There is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought or held by the individual; or
- The issuance or continuation of the license or the granting or continuation of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
§753. Factors to be considered concerning a previous criminal conviction; presumption.
- In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall consider the following factors:
- The public policy of this state, as expressed in this act, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses.
- The specific duties and responsibilities necessarily related to the license or employment sought or held by the person.
- The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his fitness or ability to perform one or more such duties or responsibilities.
- The time which has elapsed since the occurrence of the criminal offense or offenses.
- The age of the person at the time of occurrence of the criminal offense or offenses.
- The seriousness of the offense or offenses.
- Any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct.
- The legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the general public.
- In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall also give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified therein.
§754. Written statement upon denial of license or employment.
At the request of any person previously convicted of one or more criminal offenses who has been denied a license or employment, a public agency or private employer shall provide, within thirty days of a request, a written statement setting forth the reasons for such denial.
§755. Enforcement.
- In relation to actions by public agencies, the provisions of this article shall be enforceable by a proceeding brought pursuant to article seventy-eight of the civil practice law and rules.
- In relation to actions by private employers, the provisions of this article shall be enforceable by the division of human rights pursuant to the powers and procedures set forth in article fifteen of the executive law, and, concurrently, by the New York city commission on human rights.
(PLEASE SEE BELOW FOR ADDITIONAL DISCLOSURES THAT MAY APPLY TO YOU)
Oregon applicants/employees: If the Company obtains information bearing on your credit worthiness, credit standing or credit capacity, it will be because the information is substantially related to the job for which you are being considered/are currently occupying and to evaluate whether you would present an unacceptable risk of theft or other dishonest behavior in the job for which you are being considered/are currently occupying.
Vermont applicants/employees: If the Company obtains information bearing on your credit worthiness, credit standing or credit capacity, it will be because the information is substantially related to the job for which you are being considered/are currently occupying and to evaluate whether you would present an unacceptable risk of theft or other dishonest behavior in the job for which you are being considered/are currently occupying.
Washington State applicants/employees: You have the right, upon written request made within a reasonable period of time after your receipt of this disclosure, to receive from the Company a complete and accurate disclosure of the nature and scope of any "investigative" consumer report we may have requested. You also have the right to request from the consumer reporting agency a written summary of your rights and remedies under the Washington Fair Credit Reporting Act. Any requests under this paragraph to the CRA should be made to ISP/Promesa 5316 Hwy. 290 West, Suite 500 Austin, TX 78735 at 1-800-4 74-4420. If the Company obtains information bearing on your credit worthiness, credit standing or credit capacity, it will be because the information is substantially related to the job for which you are being considered/are currently occupying and to evaluate whether you would present an unacceptable risk of theft or other dishonest behavior in the job for which you are being considered/are currently occupying.
Please review the additional California disclosures and provide your name and signature
CALIFORNIA STATE LAW DISCLOSURES
For California applicants/employees: Under California law, an "investigative consumer report" is a consumer report in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through any means. Dynamic Systems Inc. and/or its subsidiaries, affiliates, other related entities, successors, and/or assigns (the "Company") may obtain an investigative consumer report (which may include information described above) from an investigative consumer reporting agency ("ICRA") on you for employment purposes. The nature and scope of this investigation includes your character, general reputation, personal characteristics, or mode of living information, including criminal history, presence on exclusion lists (e.g., OIG/GSA and OFAC), and credit.
The ICRA preparing the investigative consumer report and conducting the investigation will be ISP /Promesa at 1-800-474-4420. Information regarding ISP /Promesa's privacy practices can be found at www.integratedscreening.com/resources.asp
Under California Civil Code section 1786.22, you are entitled to a visual inspection of files maintained on you by an ICRA, as follows:
- In person, if you appear in person and furnish proper identification, during normal business hours and on reasonable notice. A copy of your file shall also be available to you for a fee not to exceed the actual costs of duplication services provided;
- By certified mail, if you make a written request, with proper identification, for copies to be sent to a specified addressee. An ICRA complying with requests for certified mailings under California Civil Code section 1786.22 shall not be liable for disclosures to third parties caused by mishandling of mail after such mailings leave the ICRA;
- A summary of all information contained in your files and required to be provided by California Civil Code section 1786.10 shall be provided to you by telephone, if you have made a written request, with proper identification for telephone disclosure, and the toll charges, if any, for the telephone call are prepaid by you or charged directly to you.
"Proper Identification," as used above, means information generally deemed sufficient to identify you, which includes documents such as a valid driver's license, social security account number, military identification card, and credit cards. Only if you cannot identify yourself with such information may the ICRA require additional information concerning your employment and personal or family history in order to verify your identity.
The ICRA will provide trained personnel to explain any information furnished to you pursuant to California Civil Code section 1786.10 and will provide a written explanation of any coded information contained in files maintained on you. This written explanation will be provided whenever a file is provided to you for visual inspection under California Civil Code section 1786.22.
You may be accompanied by one other person of your choosing, who must furnish reasonable identification. An ICRA may require you to furnish a written statement granting permission to the ICRA to discuss your file in such person's presence.
Please sign below to acknowledge you have read the California State Law Disclosures.
California Credit Check Notice & Authorization
For California applicants/employees only: Dynamic Systems Inc. and/or its subsidiaries, affiliates, other related entities, successors, and/or assigns (the "Company") will procure and use a consumer credit report (i.e., a report on your creditworthiness, credit standing, or credit capacity) on you in connection with your application for employment and/or continued employment. The source of this consumer credit report (as this term is defined under California law and as explained more fully in the Additional Disclosures Including SFO section above) will be ISP/Promesa Enterprises.
The Company will obtain a consumer credit report on you because the position you are applying for/are employed in and satisfies the following California statutory reason(s) to conduct a credit background check, please select all applicable statutory reasons below:
Please complete the fields below:
To the extent permitted by applicable state law, I hereby consent to and authorize Company to procure consumer credit report(s) (as defined by applicable California state law)...