# Forevue Insights — Master Services Agreement **Agency Pre-Employment Screening Platform** **Version:** 1.0 | **Effective Date:** _______________ --- This Master Services Agreement ("Agreement") is entered into as of the Effective Date above by and between: **Forevue Insights** ("Forevue"), a [state] [entity type] with its principal place of business at [address]; and **[Agency Full Legal Name]** ("Agency"), a California law enforcement agency operating under the authority of the California Commission on Peace Officer Standards and Training ("POST"). --- ## 1. Services ### 1.1 Platform Access Forevue grants Agency a non-exclusive, non-transferable license to access and use the Forevue pre-employment screening platform ("Platform") for the purpose of administering pre-offer applicant screening consistent with California POST standards. The Platform includes: - Biographical questionnaire administration and report generation. - IPIP-NEO-120 Occupational Behavioral Tendency Profile administration and report generation. - Integrative Convergence Summary report generation. - Applicant record management and report access for authorized Agency personnel. - Outcome data entry and, where configured, webhook-based data exchange with Agency human resources systems. ### 1.2 Service Scope Forevue provides a data processing and report generation platform. Forevue does not provide psychological evaluation services, clinical assessment, background investigation services, or legal compliance counsel. All hiring decisions, including decisions informed by Platform output, are made exclusively by Agency. Forevue has no role in and no liability for Agency hiring decisions. ### 1.3 Authorized Users Agency shall designate authorized personnel for Platform access. Agency is responsible for maintaining the confidentiality of access credentials and for all activity conducted under Agency accounts. --- ## 2. Platform Output Constraints and Intended Use ### 2.1 Nature of Platform Output Platform reports are data synthesis tools for informational use in the pre-offer applicant screening process. No Platform output constitutes: - A psychological assessment, clinical evaluation, or medical examination. - A suitability determination or recommendation for or against hire, appointment, or advancement. - A clinical opinion regarding any applicant's mental health, fitness for duty, or psychological condition. - A substitute for the post-offer psychological evaluation required under California POST Regulation 1955. - A substitute for a background investigation. ### 2.2 Mandatory Limitations Acknowledgment Agency acknowledges that all Platform reports include a mandatory limitations statement. Agency personnel authorized to access Platform reports shall be informed of the intended use boundaries described in this Section prior to accessing reports. ### 2.3 Prohibited Uses Agency shall not use Platform output to: - Make or support a hiring decision in the absence of a completed background investigation and post-offer psychological evaluation as required by POST Regulation 1955. - Establish cut scores, minimum score requirements, or rank-ordering of applicants based on Platform scores without independent validation conducted by a qualified industrial-organizational psychologist retained by Agency. - Disclose applicant screening data to any third party not directly involved in the Agency's hiring process for the specific applicant. - Screen applicants for any purpose other than pre-offer law enforcement applicant selection for positions requiring POST certification. --- ## 3. Data Ownership, Processing, and Use ### 3.1 Applicant Data Ownership All applicant personal data submitted through the Platform in connection with Agency's hiring process is owned by Agency as data controller. Forevue processes applicant data as a data processor on Agency's behalf for the purposes described in this Agreement. ### 3.2 Forevue Research and Norm Development Authorization Agency expressly authorizes Forevue to use applicant data arising from Agency's use of the Platform for the following purposes, subject to the de-identification requirements in Section 3.3: **(a) Aggregate norm development.** Forevue may incorporate de-identified applicant response data into an aggregate California POST applicant normative dataset for the purpose of developing law enforcement applicant personality norms specific to California POST agencies. **(b) Outcome-linked validation research.** Forevue may link de-identified applicant screening data with de-identified post-hire outcome data provided by Agency pursuant to Section 3.5 for the purpose of analyzing predictive relationships between pre-offer screening measures and law enforcement performance criteria. **(c) Re-scoring against future norm sets.** Forevue retains raw item-level response data in de-identified form for the purpose of re-scoring applicant profiles against future Forevue-developed norm sets as the normative reference group expands. Re-scored results are used for research and platform development purposes only. Re-scoring does not alter the scored profile transmitted to Agency at the time of the original application and has no effect on any prior hiring decision. **(d) Research publication.** Forevue may publish findings derived from the aggregate de-identified dataset in academic, professional, or industry venues. No individual applicant and no individual agency will be identifiable in any published output. Agency-level aggregate statistics require Agency's prior written approval before publication. ### 3.3 De-Identification Standard Before any applicant data is used for the purposes described in Section 3.2, Forevue shall remove all direct identifiers including name, date of birth, social security number, address, and agency-assigned applicant identifiers. De-identified data is linked internally using a one-way cryptographic hash that cannot be reversed to recover individual identity. Forevue shall not attempt to re-identify de-identified data. ### 3.4 Data Not Shared or Sold Forevue shall not sell, license, rent, or otherwise transfer applicant data or de-identified aggregate data to any third party for any purpose outside those expressly stated in this Agreement without Agency's prior written consent. ### 3.5 Outcome Data Provision Agency agrees to provide post-hire outcome data for applicants screened through the Platform to the extent feasible and consistent with Agency's legal obligations. Outcome data categories include, without limitation: hire/no-hire determination, academy enrollment and completion, field training completion, supervisor performance ratings, disciplinary actions, and separation reason. Outcome data may be provided via the Platform's manual entry interface or, where configured, via webhook integration with Agency's human resources system. Outcome data is subject to the de-identification requirements of Section 3.3 before use for research purposes. Provision of outcome data is a material term of this Agreement supporting the research authorization in Section 3.2. Agency shall make reasonable efforts to provide outcome data within 90 days of each outcome event. ### 3.6 Applicant Consent Agency shall ensure that applicants complete and acknowledge Forevue's standard Applicant Informed Consent notice prior to accessing the Platform. Forevue provides the consent notice within the applicant portal. Agency shall not instruct applicants to bypass or disregard the consent notice. --- ## 4. Security and Confidentiality ### 4.1 Data Security Forevue shall maintain commercially reasonable administrative, technical, and physical safeguards designed to protect applicant data against unauthorized access, disclosure, alteration, or destruction. Forevue's Platform is hosted on Google Firebase infrastructure. Agency acknowledges that no system is completely secure. ### 4.2 Breach Notification Forevue shall notify Agency within 72 hours of discovering a security incident involving unauthorized access to or disclosure of Agency applicant data. Notification shall describe the nature of the incident, the data involved, and remediation steps taken or planned. ### 4.3 Confidentiality Each party shall treat as confidential the other party's non-public business information disclosed in connection with this Agreement. Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law. --- ## 5. Compliance ### 5.1 California POST Compliance Agency is solely responsible for ensuring its use of the Platform complies with all applicable California POST regulations, standards, and resource guides governing pre-employment screening, including but not limited to POST Regulation 1955, POST 2-251, and POST 2010S&E-0403. ### 5.2 EEOC and Adverse Impact Monitoring Agency, as employer of record, is solely responsible for monitoring and addressing adverse impact in its applicant selection process as required by the Uniform Guidelines on Employee Selection Procedures (29 C.F.R. Part 1607). Forevue provides aggregate adverse impact monitoring data at the platform level as an operational tool for Forevue's internal quality assurance. This data is not a substitute for Agency's independent adverse impact analysis obligations. ### 5.3 ADA Compliance Agency acknowledges that Platform instruments are designed for pre-offer administration as non-clinical, non-medical occupational behavioral assessments consistent with ADA pre-offer requirements. Agency shall not administer Platform instruments post-offer or in contexts that would convert them into medical examinations under the ADA. ### 5.4 CCPA and Applicable Privacy Law Each party shall comply with applicable California and federal privacy law in connection with the collection, processing, and use of applicant data. Forevue's role as data processor does not relieve Agency of its obligations as data controller under applicable privacy law. --- ## 6. Fees and Payment ### 6.1 Fees Agency shall pay Forevue the fees set forth in the Order Form attached to or referencing this Agreement. Fees are per-applicant unless otherwise specified. ### 6.2 Payment Terms Invoices are due net 30 days from the invoice date. Forevue reserves the right to suspend Platform access for accounts more than 60 days past due following written notice. --- ## 7. Term and Termination ### 7.1 Term This Agreement commences on the Effective Date and continues for an initial term of one year, renewing automatically for successive one-year terms unless either party provides written notice of non-renewal at least 30 days before the end of the then-current term. ### 7.2 Termination for Cause Either party may terminate this Agreement immediately upon written notice if the other party materially breaches this Agreement and fails to cure the breach within 30 days of written notice specifying the breach. ### 7.3 Effect of Termination Upon termination, Agency's access to the Platform ceases. Forevue shall make Agency's applicant records available for export for 60 days following termination. After that period, Agency records may be deleted from active Platform storage. De-identified data already incorporated into the aggregate research dataset is not subject to deletion upon termination, as it is no longer linked to Agency in any recoverable form. --- ## 8. Representations and Warranties ### 8.1 Forevue Representations Forevue represents and warrants that: (a) it has the authority to enter into this Agreement; (b) the Platform will perform materially as described in current Forevue documentation; (c) Forevue will process applicant data only for the purposes described in this Agreement. ### 8.2 Agency Representations Agency represents and warrants that: (a) it has the authority to enter into this Agreement; (b) it will use the Platform only for lawful pre-offer law enforcement applicant screening purposes; (c) it will ensure applicants complete the Forevue Informed Consent notice prior to Platform access; (d) it will provide outcome data as described in Section 3.5 to the extent feasible. ### 8.3 Disclaimer EXCEPT AS EXPRESSLY STATED IN SECTION 8.1, THE PLATFORM AND ALL OUTPUT ARE PROVIDED "AS IS." FOREVUE MAKES NO WARRANTY THAT PLATFORM OUTPUT WILL PREDICT ANY PARTICULAR APPLICANT OUTCOME, ELIMINATE ADVERSE IMPACT, OR SATISFY ANY SPECIFIC LEGAL OR REGULATORY REQUIREMENT. --- ## 9. Limitation of Liability FOREVUE'S AGGREGATE LIABILITY TO AGENCY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY AGENCY TO FOREVUE IN THE TWELVE MONTHS PRECEDING THE CLAIM. FOREVUE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM AGENCY'S USE OF THE PLATFORM OR RELIANCE ON PLATFORM OUTPUT. --- ## 10. Indemnification Agency shall indemnify, defend, and hold harmless Forevue from and against any claims, damages, or expenses arising from: (a) Agency's hiring decisions; (b) Agency's use of Platform output in violation of Section 2.3; (c) Agency's failure to obtain applicant informed consent; (d) Agency's violation of any applicable law in connection with its applicant screening process. --- ## 11. General Provisions ### 11.1 Governing Law This Agreement is governed by the laws of the State of California without regard to conflict of law principles. ### 11.2 Dispute Resolution The parties shall attempt to resolve disputes informally before initiating formal proceedings. Any unresolved dispute shall be submitted to binding arbitration in [County], California under the rules of JAMS, except that either party may seek injunctive relief in a court of competent jurisdiction. ### 11.3 Entire Agreement This Agreement, together with any attached Order Form, constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior agreements or understandings. ### 11.4 Amendment This Agreement may be amended only by a written instrument signed by authorized representatives of both parties. ### 11.5 Severability If any provision of this Agreement is found unenforceable, the remaining provisions continue in full force. ### 11.6 No Waiver Failure to enforce any provision of this Agreement does not constitute a waiver of that provision. --- ## Signatures **Forevue Insights** Signature: ___________________________ Name: ___________________________ Title: ___________________________ Date: ___________________________ --- **[Agency Full Legal Name]** Signature: ___________________________ Name: ___________________________ Title: ___________________________ Date: ___________________________ --- *This document does not constitute legal advice and has not been reviewed by licensed counsel. Forevue Insights recommends independent legal review before execution.*