AfricanComplex

FCRA Disclosure and Authorization for Background Check

Last updated August 6, 2026

AfricanComplex — FCRA Disclosure and Authorization for Background Check

Last Updated: July 23, 2026 Effective Date: July 23, 2026

THIS DOCUMENT IS A STAND-ALONE DISCLOSURE. It is provided to you separately from, and is not part of, the AfricanComplex/OrbitApex Driver Independent Contractor Agreement or any other AfricanComplex agreement, consistent with the requirement under the Fair Credit Reporting Act, 15 U.S.C. § 1681b(b)(2)(A), that this disclosure appear in a document that consists solely of the disclosure (together with the authorization in Section 10, which the Act permits to appear in the same document).

Effective Date: July 23, 2026

1. Who Is Making This Disclosure

This disclosure is provided by AfricanComplex Holdings LLC, an Indiana limited liability company ("AfricanComplex," "Company," "we," or "us"), located at 5702 Walkabout Way, Brownsburg, IN 46112, to you, an individual applying to provide delivery services as an independent contractor Driver on the OrbitApex platform ("you" or "your").

2. Disclosure: A Consumer Report Will Be Obtained About You

AfricanComplex may obtain one or more consumer reports about you from a consumer reporting agency for purposes of evaluating your application to provide services as a Driver, and, if you are approved, for as long as you continue to provide services, including for re-screening at renewal or if the Company has reason to believe a re-check is warranted. AfricanComplex uses Checkr, Inc. as its consumer reporting agency for this purpose.

3. Nature and Scope of the Background Check

The consumer report AfricanComplex may obtain about you is expected to include the following categories of information:

  • Identity verification;
  • Motor vehicle records (your driving history) obtained from state departments of motor vehicles, consistent with the valid driver's license requirement in the Driver Independent Contractor Agreement;
  • Criminal history records, including county, state, and federal court records and national criminal database searches, subject to the time limitations described in Section 5 below; and
  • Sex offender registry search.

This background check does not include a credit report, and AfricanComplex does not use credit history in deciding whether to activate a Driver's account.

This background check is a consumer report and is not an investigative consumer report — it does not involve personal interviews with your friends, neighbors, or associates. If AfricanComplex ever intends to obtain an investigative consumer report about you, it will provide you with an additional disclosure specific to that report, as required by 15 U.S.C. § 1681d, before doing so.

Checkr, Inc., as the consumer reporting agency, is separately required under 15 U.S.C. § 1681k to either notify you at the time it furnishes a report containing public record information (such as a criminal record) for employment purposes, or to maintain strict procedures to ensure that the public record information it reports is complete and up to date.

4. Your Rights Under the Fair Credit Reporting Act

The FCRA gives you a number of rights, including the right to know what is in your file, to dispute inaccurate or incomplete information directly with the consumer reporting agency, and to receive notice before AfricanComplex takes any adverse action against you based in whole or in part on your consumer report. A summary of these rights — the "Summary of Your Rights Under the Fair Credit Reporting Act," published by the Consumer Financial Protection Bureau — will be provided to you by Checkr, Inc. together with this disclosure, and again if AfricanComplex ever takes adverse action based on your report, as described in Section 8.

5. Indiana-Specific Notice and Reporting Time Limits

Indiana does not have a general state consumer-reporting statute comparable to those adopted in some other states, so this background check is governed primarily by the federal FCRA. Two Indiana-specific points apply:

  • Under Indiana law, a consumer reporting agency may not knowingly report a criminal record that has been expunged, sealed, or otherwise restricted from public access, and AfricanComplex will not use any such record if one is inadvertently reported.
  • Indiana does not have a statewide law restricting when a private employer may ask about criminal history, and Indiana law affirmatively bars its cities and towns from adopting local "ban-the-box" ordinances stricter than state or federal law; this background check is conducted at the point described in Section 2 above.

Separately, under the federal FCRA, 15 U.S.C. § 1681c(a)(2), records of arrest that did not result in a conviction generally may not be reported if they are more than seven years old (or, if longer, until the governing statute of limitations has expired). Criminal convictions are not subject to this seven-year limit and may be reported without a time restriction. This seven-year limit on non-conviction arrest records does not apply where the position pays, or may reasonably be expected to pay, an annual salary of $75,000 or more, 15 U.S.C. § 1681c(b)(3); AfricanComplex has not established such a salary threshold for the Driver role, so the seven-year limit applies.

Consistent with EEOC guidance on the use of criminal history under Title VII of the Civil Rights Act of 1964, AfricanComplex considers any criminal record on an individualized basis — including the nature and gravity of the offense, the time that has passed, and its relationship to the duties of a Driver — rather than automatically disqualifying an applicant because a record exists.

6. Future-State Notice

AfricanComplex's initial launch is Indiana-only. If AfricanComplex expands to a state that imposes additional background-check disclosure requirements beyond the FCRA and this form — for example, a state requiring a specific checkbox to request a free copy of your report, or its own summary-of-rights document — AfricanComplex will provide the additional state-specific disclosure to Drivers located in that state before conducting a background check there.

7. AfricanComplex's Certification to Checkr, Inc.

Separately from the disclosure and authorization you are giving in this document, the FCRA also requires AfricanComplex, as the user of consumer reports, to certify certain things to Checkr, Inc. before Checkr will furnish a report for this purpose, under 15 U.S.C. § 1681b(b)(1).

AfricanComplex certifies to Checkr, Inc. that it:

  • Has provided you with the disclosure required by 15 U.S.C. § 1681b(b)(2)(A) in this document, and has obtained your authorization;
  • Will not use information in your consumer report in violation of any applicable federal or Indiana equal employment opportunity law; and
  • Will provide the pre-adverse action and adverse action notices described in Section 8 before taking adverse action based in whole or in part on your consumer report.

8. What Happens if Information in Your Report May Affect Your Application

If AfricanComplex is considering not activating your account, or deactivating your account, based in whole or in part on information in your consumer report, AfricanComplex will, before taking that action:

  • Provide you with a copy of the consumer report AfricanComplex relied on;
  • Provide you with a current copy of the "Summary of Your Rights Under the Fair Credit Reporting Act"; and
  • Give you a reasonable opportunity — no less than five business days from the date the pre-adverse action notice is sent — to review the report and respond before AfricanComplex makes a final decision.

If AfricanComplex proceeds with an adverse decision after that period, it will send you a final adverse action notice, which will include the name and contact information of the consumer reporting agency that furnished the report, a statement that the agency did not make the decision and cannot explain the specific reasons for it, and a statement of your right to dispute the accuracy or completeness of the report and to obtain an additional free copy of the report from the agency within 60 days.

9. Request for a Copy of Your Report

You may request a free copy of your consumer report at the time you complete this authorization by checking the box below. If you do not check the box, you may still separately request a copy directly from Checkr, Inc. at any time.

  • ☐ Yes, I would like to receive a free copy of my consumer report.

10. Authorization

By signing below, you:

  • Acknowledge that you have read and understand this Disclosure, including the nature and scope of the background check described in Section 3;
  • Authorize AfricanComplex Holdings LLC and Checkr, Inc. to obtain one or more consumer reports about you, as described above, for as long as you apply for or provide services as a Driver, including for periodic re-screening;
  • Authorize any person, business, government agency, court, educational institution, or other entity with records about you to release those records to Checkr, Inc. for this purpose, to the extent permitted by law; and
  • Understand that your authorization will remain valid for the duration of your engagement as a Driver, unless you revoke it in writing, and that revoking your authorization may result in AfricanComplex being unable to activate or continue your account.

A photocopy, faxed copy, or electronically stored copy of this authorization is as valid as the original.

AfricanComplex retains background check results, and this authorization, for the duration of your active status as a Driver plus one year, consistent with the retention schedule in AfricanComplex's Platform Operations Policy, after which the record is deleted.

11. Contact

AfricanComplex Holdings LLC 5702 Walkabout Way, Brownsburg, IN 46112 [email protected] · +1 317-389-1333

Checkr, Inc. (Consumer Reporting Agency) 1 Montgomery Street, Suite 2400, San Francisco, CA 94104 (844) 824-3257 · checkr.com

Signature

I have read and understand this Disclosure and Authorization, and I authorize AfricanComplex Holdings LLC and Checkr, Inc. to obtain the consumer report(s) described above.

Signature: _______________________________ Printed Name: ____________________________

Date: ____________________________

☐ I would like to receive a free copy of my consumer report (see Section 9).