Effective September 30, 2016, Last Updated November 4, 2016
PRIVACY SHIELD PRIVACY STATEMENT
This Privacy Shield Privacy Statement applies to all personal data that Accurate Background receives from EU member countries and European Economic Area countries in reliance on the Privacy Shield (“from the EU”) in accordance with our Privacy Shield commitments. This privacy statement applies only to personal data transferred pursuant to the Privacy Shield. To view Accurate Background’s certification, please visit: https://www.privacyshield.gov/list.
Accurate Background reserves the right to change this Privacy Shield Privacy Statement from time to time, consistent with the Privacy Shield Principles.
At Accurate Background, we notify individuals about the purposes for which we collect and use information about them, choices they have regarding certain uses and disclosures of their personal data, and how to contact us with inquiries or complaints. We provide this notice either directly, such as through this privacy statement, or through our customers.
Accurate Background collects personal data for the purpose of providing a variety of information products and services to employers and other Accurate Background customers. For example, Accurate Background may collect identification information and information such as information about an individual’s criminal history, credit history, employment history, work eligibility (right to work), educational background, civil litigation history, directorship, address history, or driving history, for the purpose of providing employment screening and other services to our customers. We also may collect employment application information on behalf of our customers, such as through an online applicant portal.
In many cases, the reports that we prepare are prepared with the express consent of the individual, typically obtained by our customer, before Accurate Background furnishes the report. In other cases, Accurate Background will provide an individual with opt-out or opt-in choice before we share their data with third parties (other than our service providers performing tasks on Accurate Background’s behalf pursuant to a contract or a customer on whose behalf we are processing it) or before we use it for a purpose other than which it was originally collected or subsequently authorized.
For sensitive information (i.e., personal data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, information specifying the sex life of the individual or information designated by the transferring organization as sensitive), Accurate Background obtains (directly or through a third party, such as our customer) affirmative express consent (opt-in) from individuals, with certain exceptions permitted by the Privacy Shield program, if such information is to be (i) disclosed to a third party or (ii) used for a purpose other than those for which it was originally collected or subsequently authorized by the individuals through the exercise of opt-in choice.
We are committed to providing individuals with clear, conspicuous, and readily available mechanisms to exercise choice. Therefore, in addition to any other mechanisms that may be provided in particular cases, individuals may opt-out by contacting us using the points of contact in the “Contact Us” section below.
III. ACCOUNTABILITY FOR ONWARD TRANSFER
Accurate Background discloses personal data that it collects to its customers for employment screening and other services that we may provide to them. Accurate Background also discloses personal data to our service providers. We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
When transferring personal data to our customers or other third-party controllers (i.e., entities that will control how personal data is processed), we comply with the Notice and Choice Principles, as described above. Consistent with Privacy Shield timing requirements for onward transfer compliance, Accurate Background will enter into a contract with the third-party controller for safeguards consistent with Privacy Shield requirements. As noted above, Accurate Background also may transfer personal data to service providers acting on its behalf. In such cases, consistent with Privacy Shield timing requirements for onward transfer compliance, Accurate Background will enter into contracts and exercise oversight over our service providers consistent with the Privacy Shield’s requirements. In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, Accurate Background is potentially liable.
Accurate Background takes reasonable and appropriate measures to protect personal data from loss, misuse, and unauthorized access, disclosure, alternation, and destruction, taking into account the risks involved in the processing and nature of the personal data.
V. DATA INTEGRITY AND PURPOSE LIMITATION
Accurate Background limits the personal data it collects to information that is relevant for the purposes of processing. Accurate Background does not process personal data in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the individual. To the extent necessary for those purposes, Accurate Background takes reasonable steps to ensure that personal data is reliable for its intended use, accurate, complete, and current. In the case of “consumer reports” regulated by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et. seq. (FCRA), we comply with the FCRA’s accuracy requirements.
Accurate Background takes reasonable and appropriate measures to retain personal data only for as long as Accurate Background has a legitimate legal or business need to do so, such as customer service, compliance with legal or contractual retention obligations, retention for audit purposes, security and fraud prevention, preservation of legal rights or other reasonable purposes consistent with the purpose of the collection of the information. Accurate Background will adhere to the Principles for as long as it retains personal data transferred in reliance upon the Privacy Shield.
Accurate Background acknowledges that EU individuals have the right to access the personal information/data that we maintain about them. An individual who seeks to access, or who seeks to correct, amend, or delete inaccurate data, should direct their query to Accurate Background at email@example.com or +1 (949) 609-2200. We provide means for the individual to request the correction, amendment, or deletion of that information where it is inaccurate, or has been processed in violation of the Principles, except where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where the rights of persons other than the individual would be violated. In cases where we are acting as a processor for data from our customers, it may be necessary for us to direct an individual to our customer to provide the requested access.
Many Accurate Background products are governed by the FCRA. Where applicable, Accurate Background provides access and correction rights in accordance with FCRA requirements. The FCRA gives individuals the right to obtain a disclosure of the contents of the consumer reporting file that Accurate Background maintains about them, if any. The FCRA also provides individuals the right to dispute the accuracy and completeness of information in their consumer reporting file and, if warranted, to have the contents corrected or deleted.
Accurate Background requires that an individual provide reasonable verification of their identity before we provide access to personal data.
VII. RECOURSE, ENFORCEMENT AND LIABILITY
Accurate Background has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.
In the case of human resources data, Accurate Background has agreed to cooperate with a panel of European Data Protection Authorities created for that purpose.
Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.
Accurate Background is required by the Privacy Shield program to respond promptly to inquiries and requests for information from the Department of Commerce. Accurate Background is subject to the investigatory and enforcement powers of the Federal Trade Commission (“FTC”).
VIII. PUBLIC RECORD AND PUBLICLY AVAILABLE INFORMATION
In accordance with Privacy Shield, in cases where Accurate Background discloses public records or publicly available information from the EU without combining that information with non-public information, our general policies on Notice, Choice, and Accountability for Onward Transfer may not apply.
IX. COMPLIANCE WITH LAW
Accurate Background complies, where applicable, with U.S. laws, particularly the FCRA and its state counterparts, which provide privacy protections for consumer personal data contained in “consumer reports.” In the event of a conflict between this Privacy Shield Privacy Statement and the FCRA or other applicable laws, we will comply with our obligations under the FCRA or other applicable US law.
X. CONTACT US
If you have any inquiries or complaints regarding this policy or our privacy practices, contact us at firstname.lastname@example.org or +1 (949) 609-2200.