These Client and Organization Terms are between AEGIS Security & Investigations Inc., doing business as MyGuardForce ("MyGuardForce"), and each company or other organization that uses MyGuardForce to manage its workforce ("Client"). An owner or administrator of Client accepts them for Client in MyGuardForce, and MyGuardForce records who accepted, when, and which version.

They add to the MyGuardForce Terms and Conditions, which continue to apply to Client's use of the Website. Where the two differ about licence, certification or training information, these terms control. How MyGuardForce handles personal information is described in the Privacy Policy.

8A. What MyGuardForce is, and how licence information may be used

8A.1 Administrative utility. MyGuardForce is software that Client uses to organize its own records and to look up public licence records kept by state and local licensing agencies (each, an "Issuing Agency"). MyGuardForce does not investigate, evaluate, rate, or decide whether any person is eligible for employment, assignment, or any other purpose.

8A.2 Source records, not determinations. Licence information in MyGuardForce is a copy of an Issuing Agency's record as of the time shown next to it. The Issuing Agency's own record controls. MyGuardForce does not guarantee that a copy is current, complete, or matched to the right person. Delays, source outages, and data-entry errors can occur.

8A.3 Client's decisions. Client alone decides whether a person may work, be assigned, be removed from a schedule, or be hired. Before Client takes any action that adversely affects a person based in whole or in part on licence information, Client will:

(a) confirm the person's current status directly with the Issuing Agency; and
(b) give the person notice and a reasonable opportunity to correct the record, unless the law requires immediate action.

Scheduling holds, flags and removals that MyGuardForce applies follow rules that Client selects, and are Client's actions.

8A.4 No resale or redisclosure. Client will use licence information only to administer its own workforce and its contracts, and only as the law allows. Client will not sell licence information. Client will not disclose any individual's licence, background-check, or compliance information to its own customers, subcontractors, or any other third party, except:

through a MyGuardForce feature designed for that purpose; and
where Client has the right to do so, including any consent the law requires.

Client will not use MyGuardForce to compile information about people who are not Client's own workers, applicants, or contracted workers.

8A.5 Background checks are separate. Background checks ordered through Client's own Checkr account are governed by Client's agreement with Checkr. Licence information in MyGuardForce is not a background check.

8A.6 Client's compliance. Client is responsible for its own compliance with employment, licensing, privacy, and consumer-reporting laws. These include the Fair Credit Reporting Act, the California Investigative Consumer Reporting Agencies Act, the California Consumer Privacy Act and its regulations on automated decision-making, fair-chance laws, and state security-licensing laws.

8A.7 Certification. By turning on licence monitoring, scheduling compliance rules, or client-portal compliance sharing, Client certifies that it will follow sections 8A.3 and 8A.4. MyGuardForce may suspend those features for a Client that does not.

8A.8 Indemnity. Client will defend and indemnify MyGuardForce against third-party claims arising from Client's employment or assignment decisions, or from Client's disclosure of individuals' information in breach of section 8A.4.

8A.9 Reserved.

8A.10 Worker-shared profiles. A worker may choose to share their own MyGuardForce profile with Client, including their certifications and training certificates. That share is the worker's own disclosure, limited to what the worker chooses, and the worker can withdraw it. Client will use a shared profile only to consider the worker for work, will not pass it to anyone else, and will not require a worker to share more than the law allows Client to ask for.

8A.11 Downstream clients on subcontract engagements.

(a) Scope. Client may let a company that engages Client as a vendor or subcontractor (a "Downstream Client") see limited licence information about Client's workers assigned to that engagement, through MyGuardForce's engagement feature.

(b) Client's warranty. Before turning this on for any worker, Client warrants that it (i) has the worker's consent to that disclosure, in a form the law accepts, and (ii) has a written contract with the Downstream Client that allows the disclosure and binds the Downstream Client to the limits in (c).

(c) What a Downstream Client may see and do. A Downstream Client may use what it sees only to confirm that the engagement is staffed with licensed workers, as the law and its contract require. It may not use it to make or influence any hiring, employment or discipline decision about a worker. It may not act on MyGuardForce information alone without checking the Issuing Agency's own record. It may not store, copy, sell or pass it on.

(d) Reserved.

(e) Reserved.

(f) Indemnity and suspension. Client will defend and indemnify MyGuardForce against third-party claims arising from Client's disclosure to a Downstream Client, a missing consent or contract, or a Downstream Client's misuse. MyGuardForce may switch off engagement visibility for any Client or Downstream Client that does not follow this section.

8A.12 Licence, training and certification data.

(a) Current workers. Client agrees to share with MyGuardForce, and with other MyGuardForce users for validation purposes, the licence, training certificate and certification data Client holds in MyGuardForce for its current workers.

(b) Archived workers. For workers Client has archived, Client also agrees to share with MyGuardForce and other users the other employment-related data Client holds in MyGuardForce about them, such as dates of employment and job title.

(c) MyGuardForce's access. MyGuardForce may see and use all data in (a) and (b) to validate records, keep the service accurate, and meet its legal and audit duties.

(d) Reserved.

(e) Reserved.

(f) Client's warranty. Client warrants that it has the right to share this data, including any notice or consent the law requires.