Service Description
This services description (“Services Description”) applies to the commercially available version of the Income and Employment Verification from Equifax service, provided by TALX Corporation, a wholly owned subsidiary of Equifax, Inc., (TALX Corporation is hereinafter referred to as “EWS”) through the operation of The Work Number® service, which provides to Customer the ability to automate the necessary verification of its employees' employment and/or income information as more fully describe below (“Verification Service”). The Verification Service shall be delivered by means of Customer’s permitted access to UKG’s hosted payroll subscription services known as UKG Pro Pay (“Subscription Services”). The provision of services by UKG to enable Customer Data to be furnished to EWS is subject to and governed by the Master Services Agreement located at https://www.ukg.com/msa or other agreement that governs Customer’s use of Subscription Services (collectively, the “Agreement”); however, the provision of the Verification Service is exclusively by EWS and solely subject to and governed by the terms and conditions of this Services Description.
Customer Authorization
Employees of Customer, or other Consumers, as defined by the Fair Credit Reporting Act (“FCRA”), may need verification of employment and/or income to qualify for home loans, automobile loans, chattel loans, social services programs, confirm immigration status or obtain worker’s compensation payments as some examples. The Verification Service provides subscribing employers or other data furnishers with an automated method of providing employment and income verifications to authorized third parties making a request with a permissible purpose under applicable law, including but not limited to the FCRA, also known as “Verifiers.” EWS shall provide the Verification Services in accordance with this Services Description, utilizing the Customer Data which is provided by Customer and which is transmitted on behalf of Customer by UKG via UKG Pro Pay.
Verifiers may obtain different amounts of information and in different manners dependent on the nature of the Verifier and the nature of the relationship with EWS. Verifiers may be commercial verifiers such as mortgage lenders, pre-employment screeners, automobile lenders, property managers, parties to consumer lending and others; social service agencies seeking to qualify an employee for social service assistance; child support agencies providing support for dependent children; immigration officials needing confirmation of employment; insurers; law enforcement agencies; or other Verifiers with a need to verify employment or income that have a valid FCRA permissible purpose.
Customer will receive the Verification Service, unless Customer cancels any applicable order for the Verification Service or otherwise opts-out of receiving the Verification Service. Customer hereby authorizes UKG to transmit income and employment data and related information of all of Customer’s employees to EWS for each payroll cycle on a regular basis via UKG Pro Pay as may be required for EWS to provide employment and income verifications on behalf of Customer. Such employment data is associated with a unique government identification number, which may include but is not limited to a social security number, as applicable (“Customer Data”).
Use of the Verification Service is subject to and governed by EWS’ terms of use and privacy statement which can be found at https://theworknumber.com/terms-of-use and https://www.equifax.com/privacy/privacy-statement. EWS’ information security policies can be found at https://www.equifax.com/about-equifax/security/, including but not limited to its Information Security Policy, End User Information Security Policy, Corporate Security Policy and External Party Information Security Policy.
Customer’s Obligations
Customer acknowledges and agrees that: (i) it will, at all times provide accurate data, including Customer Data, with regard to the Verification Service; (ii) such data will be transmitted to EWS via UKG Pro Pay on behalf of Customer utilizing UKG Pro Pay so that EWS may provide Verification Service; (iii) it will comply with all applicable laws and regulations, including responding promptly to questions regarding data quality/data accuracy, making any necessary corrections; and (iii) UKG does not control Customer Data nor the accuracy or quality of the Customer Data, and such control, accuracy, and quality of the Customer Data is the responsibility of Customer.
UKG DISCLAIMS ALL WARRANTIES, LIABILITIES, AND RESPONSIBILITIES FOR THE VERIFICATION SERVICE, WHICH SHALL BE THE SOLE OBLIGATION OF EWS.
Notice to Furnishers
Customer agrees and acknowledges that it has received the Notice to Furnishers provided in the following link: https://workforce.equifax.com/fcra-notice-to-furnishers and agrees that it will comply with the furnisher obligations as set forth in such Notice to Furnishers, as such notice may be updated pursuant to its terms. Customer understands that if Customer does not correct data as required under the Notice to Furnishers, UKG may, but is not obligated to, correct such information on behalf of Customer.
If and to the extent EWS is deemed a subprocessor under applicable law(s), this document hereby serves as any required notification as to the use of EWS as a subprocessor under such applicable law(s).
Accurate Data
Customer acknowledges that the ability of EWS to provide accurate information is dependent upon the accuracy of Customer Data which is provided by Customer and which is transmitted on behalf of Customer by UKG via UKG Pro Pay.
Fair Credit Reporting Act (“FCRA”)
EWS is a Consumer Reporting Agency (“CRA”), as defined by the FCRA. As such, EWS is required to comply with the FCRA in providing the Verification Service. EWS’s FCRA compliance enhances the protections available to Customer’s employees, with respect to the privacy and accuracy of the Customer Data. EWS has the responsibility to maintain data accuracy as required under the FCRA.
EWS shall comply with all obligations as a CRA, or as otherwise applicable to EWS, under the FCRA.
- Employment Verification Service Description Overview
- EWS is authorized by Customer to provide Verification Services of those relevant Consumers, as defined by the FCRA, who are employees of Customer. The Verification Service is designed to assist (i) Customer, (ii) employees of Customer, and (iii) commercial, private, nonprofit and governmental entities or Verifiers who wish to verify a Consumer’s employment and/or income information.
- Customer furnishes Customer Data to EWS via transmission utilizing UKG Pro Pay, and EWS provides employment and/or income verifications to Verifiers. Neither EWS nor UKG guarantees the accuracy of Customer Data provided by Customer. EWS will assure due diligence is taken to protect Customer Data in accordance with good industry practices.
- EWS will serve the interests of UKG, Customers, Consumers and Verifiers (i) by providing verifications to relieve the employer of the burden of employment and income verification obligations as often as practicable; (ii) by providing verifications where the employee has applied for a benefit (such as a job application, qualification for social services assistance or a loan application) or has obtained a benefit and the Verifier is seeking to determine whether the employee is qualified to receive the benefit or is seeking to enforce obligations undertaken by the employee in connection with the benefit; (iii) by providing verifications where the employee is obligated by Federal, state or local law to provide the verification information to the Verifier; and (iv) by providing analytics, modeling and/or demographic studies that will not include any information that individually, or collectively, could be used to specifically identify either Customer or Customer’s employees.
Modification And Termination
EWS reserves the right to modify the Verification Services from time to time. Additionally, UKG, at any time, may terminate the enablement of Verification Services upon notification to Customer. Further, Customer acknowledges and agrees that these terms and conditions may change, be updated, or amended at any time and for any reason by UKG without prior notification to Customer. Upon Customer providing prior written notice to UKG, Customer may at any time (a) cancel any applicable order for the Verification Service, or (b) opt-out of receiving the Verification Service.