Credibled Inc. (“Credibled”, “we”, “us” or “our”) provides the content and services available on this website (the “Website”). Except as otherwise provided herein, these Terms of Service (the “Terms”) govern your access to and use of the services, features, and content available on this Website and related applications (collectively, the “Services”).
These Terms govern business and organizational use of the Services. If you are an individual using our consumer product, MyCheck, your use is governed by our separate MyCheck consumer terms at mycheck.credibled.com, not by these Terms.
1. Scope of Services
- Ordering, delivery, and status retrieval of background and identity checks, including criminal record, identity, education, employment, credential, credit, driving record, public records, social media, and international checks, and U.S. criminal checks
- Automated reference-check requests and management
- Candidate SMS notification management
- Police-portal access and claim processing
- Background screening API access
- Administrative dashboards and analytics
- Handling of disputes or inquiries relating to background or reference checks
2. General
2.1Acceptance. By accessing the Website or using the Services, you agree to these Terms and our Privacy Policy. Any additional service terms for a particular offering are incorporated by reference. If you do not agree, you may not use the Website or Services.
2.2Age Restriction. You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Services, to order a background check, or to be the subject of a check ordered through the Services. The Services are not directed to children and we do not knowingly collect their personal information.
2.3Modifications. We may revise these Terms from time to time. Where we make a substantive change, we will notify you by email or by a notice on the Website before the change takes effect, and we will update the version number and date shown on this page. Previous versions are available on request from [email protected]. Continued use after a change takes effect constitutes acceptance of the revised Terms.
2.4Scope of Users. These Terms apply to business and organizational users of our Services, including businesses and nonprofits. If you use the Services on behalf of an entity, you represent that you have authority to bind that entity. Individual consumers using MyCheck are governed by the separate MyCheck consumer terms.
2.5Accurate Information. You agree to provide accurate, complete information when registering or submitting data for background or reference checks. All submissions are subject to our Privacy Policy.
2.6Conflict with Service Agreements. If you have a separate Services Agreement with Credibled that conflicts with these Terms, the Services Agreement prevails for the conflicting provision.
3. Restrictions
You agree not to:
3.1Use the Website or Services for unlawful purposes or in violation of any laws.
3.2Transmit harmful, defamatory, obscene, or abusive content.
3.3Violate intellectual property rights or privacy rights of others.
3.4Impersonate any person or entity or use another user’s credentials.
3.5Deploy malicious software, viruses, or other harmful code.
3.6Scrape, spider, data-mine, or harvest data without our prior written consent.
3.7Submit fraudulent or speculative requests for background or reference checks.
3.8Modify, reverse-engineer, decompile, or disassemble any portion of the Website or Services.
3.9Obscure or remove any copyright, trademark, or other proprietary notices.
3.10Create derivative products or compete with our offerings using any portion of the Services.
4. User Account
You may need to register an account to access certain Services. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. We may suspend or terminate accounts for violations of these Terms.
5. Data Processing, Subprocessors, and Compliance Documents
Where Credibled processes personal data on behalf of a business client, that processing is governed by our Data Processing Addendum. The Data Processing Addendum, together with our security and compliance documentation, is available through our Trust page at credibled.com/trust.
We engage third-party service providers and subprocessors to help deliver the Services. A current list of the subprocessors that handle personal data on behalf of business clients is available on request, subject to a confidentiality or non-disclosure agreement, through our Trust page at credibled.com/trust.
Background and identity checks ordered through the Credibled platform are prepared and delivered by third-party screening providers and consumer reporting agencies. The provider responsible for a given check is identified in the report and during the candidate flow. Business clients and individuals who are the subject of a check may request the identity of the provider for a particular check, together with that provider’s privacy policy and contact information, by writing to [email protected].
6. Third-Party Services
The Services rely on third-party service providers. Your use of any third-party service made available through the Services is also subject to that provider’s own terms and privacy policy. We do not warrant the functionality or reliability of third-party services.
7. Intellectual Property & License
All intellectual property rights in the Website and Services are owned by Credibled. Subject to these Terms, we grant you a limited, revocable, non-exclusive license to use the Website and Services for your internal business purposes. All rights not expressly granted are reserved.
8. Authorization for Background Checks and U.S. Consumer Rights
8.1Authorization. By requesting background-check or reference services, you authorize Credibled and its service providers to collect, use, and disclose the information you provide as necessary to generate the reports you request. You certify, for every check you request, that you have provided each candidate with any notice required by applicable law and have obtained each candidate’s consent or authorization to the collection, use and disclosure of their personal information for the purpose of that check.
8.2U.S. checks. Where you order a U.S. criminal record or other U.S. background check through Credibled, that check is a “consumer report” prepared by a consumer reporting agency and made available to you through the Credibled platform. You are the end user of the consumer report and remain responsible for meeting your obligations under the U.S. Fair Credit Reporting Act (the “FCRA”) and applicable state and local law.
8.3Permissible purpose. Consumer reports are made available through the Credibled platform for employment purposes only. You certify that you have a permissible purpose under the FCRA for employment purposes to obtain each U.S. consumer report you request, that you will use each report only for that purpose, and that you will not use any report in violation of the FCRA or any applicable equal-opportunity or anti-discrimination law. If you require a consumer report for any other purpose, you must obtain our prior written agreement before ordering.
8.4Disclosure and authorization. Before you order a U.S. consumer report for employment purposes, you certify that you have provided the individual with a clear and conspicuous written disclosure in a document consisting solely of that disclosure, and that you have obtained the individual’s written authorization, as required by the FCRA.
8.5Adverse action. If you intend to take adverse action against an individual based in whole or in part on a consumer report, you are responsible for following the FCRA adverse-action process. This includes providing the individual, before taking adverse action, with a pre-adverse-action notice that includes a copy of the report and the then-current version of the CFPB “A Summary of Your Rights Under the Fair Credit Reporting Act,” allowing a reasonable period for the individual to respond, and providing an adverse-action notice after the decision.
8.6State and local law. You are responsible for complying with all applicable U.S. state and local consumer-reporting, “ban-the-box,” and fair-chance laws that apply to your use of the reports, including any additional disclosure, consent, or notice requirements in the jurisdictions where your candidates are located.
8.7Consumer rights notices. To the extent U.S. background checks are involved, you acknowledge receipt of and agree to make available, where required, the following notices:
8.8Individual rights. Individuals who are the subject of a U.S. consumer report retain their rights under the FCRA to access and dispute information in their report, as set out in 15 U.S.C. sections 1681g and 1681i.
8.9Your certifications and records. Before ordering any U.S. consumer report, and on request from time to time, you will state the nature of your business and certify that you meet the requirements of this Section. You will retain records of each report you order, and of the disclosures and authorizations you obtained for it, for a minimum of five years. You will cooperate with reasonable requests from Credibled or its screening provider to verify your compliance with this Section.
8.10Use and dissemination of reports. You will disclose a consumer report only to those within your organization who have a legitimate need to see it for the certified purpose, and as authorized by the individual. You will not alter the substantive content of any report, and you will not resell, transfer, distribute or otherwise give any third party access to a report without the individual’s consent. Each report is provided to you alone for a single transaction.
8.11Suspension. We may suspend or refuse access to consumer reports where we are unable to verify your permissible purpose, or where we reasonably believe reports are being obtained or used other than as certified. We will tell you why and, where we can, what is needed to restore access.
8.12Our responsibilities. Credibled remains responsible for the obligations that apply to its own processing, including safeguarding the personal information in its custody, overseeing its service providers, and handling access and correction requests as set out in our Privacy Policy and Data Processing Addendum. Where an individual asks us for a copy of a consumer report about them, we will provide it, or arrange for our screening provider to provide it, within three business days of the request. Where we receive notice of a dispute about the completeness or accuracy of a report, we will convey it to our screening provider without delay and pass the results of any reinvestigation to you and to the individual.
8.13Compliance responsibility. You are responsible for your own compliance with the FCRA and applicable state and local law in your use of any report obtained through Credibled. This Section allocates responsibilities between you and Credibled and does not constitute legal advice; you should obtain your own legal advice on your FCRA obligations.
9. Fees
Services fees are charged when you order background or reference reports. All fees are non-refundable once processing has begun. Payment is processed via our third-party payment provider and subject to its terms.
10. Termination
We may terminate or suspend your access to the Website or Services at any time without notice if you violate these Terms. We will not be liable for any resulting losses.
11. Disclaimer of Warranties
The Website and Services are provided “as is” and “as available” without warranties of any kind, express or implied. We disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free operation.
12. Indemnification
You agree to indemnify and hold harmless Credibled, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including attorneys’ fees) arising from your use of the Website or Services or any violation of these Terms.
13. Limitation of Liability
To the maximum extent permitted by law, Credibled and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the Website or Services. Our total liability is limited to the amount you paid for the applicable Service in the twelve months preceding the claim.
14. Governing Law
These Terms and any disputes arising under them are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
15. Miscellaneous
15.1Independent Contractors. Nothing creates an employment or agency relationship.
15.2Waiver. A failure to enforce any provision is not a waiver of rights.
15.3Severability. If any provision is invalid, the remainder remains in effect.
15.4Headings. Section headings are for convenience only.
16. Notices & Electronic Consent
You consent to receive notices and communications from us electronically (for example, email to [email protected] or postings on the Website). Such communications satisfy any legal requirement that they be in writing. Privacy requests may be directed to [email protected], and data protection or security matters to [email protected].
17. SMS Program Terms
The Credibled SMS Program sends up to 5 text messages per screening request. Messages contain a secure link needed to complete an employer-initiated reference or background-check form. These texts are strictly transactional; no marketing or affiliate offers are included. Message and data rates may apply. Text STOP to opt out or HELP for help. For support, email [email protected] or call +1-416-855-2265. See our Privacy Policy at credibled.com/privacy-policy/ for how we handle personal data.
Employers are responsible for obtaining and documenting the candidate’s express consent before any SMS is sent via Credibled. Credibled identifies itself as the sender in each message, restricts the platform to the transactional content described above, processes STOP requests, and maintains suppression and delivery records.
