Important announcement from A-Check Global: In 2022, A-Check has elected to withdraw from the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States; however, we will continue to apply the Privacy Shield Principles to the personal information that we received while participating in the Privacy Shield. To learn more about the Privacy Shield program, please visit https://www.privacyshield.gov/.
A-Check will continue to rely on Standard Contractual Clauses (since 2020) with our clients to comply with personal data transfers out of the European Union, United Kingdom, and Switzerland.
EU-US, UK-US, and SWISS-US PRIVACY POLICY
POLICY EFFECTIVE DATE: September 28, 2016
POLICY LAST UPDATED: January 27, 2023
Regarding the collection, use, and retention of personally identifying information from European Union member countries, the United Kingdom, and Switzerland, A-Check America, Inc. dba A-Check Global will adhere to the Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability with respect to personal information we receive securely either directly from consumers or indirectly through our clients.
A-Check Global will continue to apply the following principles in addition to Standard Contractual Clauses with clients to ensure an adequate level of protection for personal data:6
I. SCOPE
This Policy applies to all personal information received by A-Check Global in the U.S. from a member state of the European Economic Area (EEA), Switzerland, or the UK in any format including, but not limited to, electronic, written or verbal. This policy sets certain minimum standards within A-Check Global which may be subjected to more stringent privacy safeguards as a result of the requirements of other national or international regulatory agencies.
II. NOTICE
Information Obtained to Perform Services
A-Check Global is consumer reporting agency specializing in screening job applicants for employers in both the public and private sectors (Client/s). The service we provide to our Clients requires the collection of information on individuals to create reports utilized by the Client for employment selection, retention, and promotion. Here is how our business model works:
- A-Check Global Clients disclose to applicants that they will be processing a background check, communicating the applicant’s rights within the disclosure and prior to processing a background, and obtain Authorization from the applicant to conduct a background investigation.
- A-Check Global Clients either directly provide us with the applicant’s personal information or utilize technology designed by A-Check Global to obtain it directly from the applicant.
- Personal information is then utilized to prepare a background report for the employer.
- The personal information collected may include an applicant’s history of employment and other credentials related to the applicant’s prospective employment.
- In addition to the data that is submitted to us either by the applicant directly or from the Client we may collect data from third parties as needed to process verification of education, residence history, job performance, credit reports, driving records, criminal history records and other lawful checks.
- Prior employers and/or references may be contacted, and the report may include information obtained through personal interviews regarding the applicant’s character, general reputation, personal characteristics and/or mode of living.
- We then provide the collected information to the current or prospective Client in the form of a consumer report.
All information collected in this process will be used only for the purposes of performing employment screening services which includes verification of the accuracy of the personal information and sometimes a check of the applicant’s references. All information collected in this process will only be provided to our Client unless we are required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
To ensure the principle of Notice is adhered to, prior to the collection of any personal data received from the EEA, Switzerland, and the UK, A-Check Global requires clients to certify to us:
- That they will provide disclosure to their applicants that a background investigation will be performed and that personal data may be gathered for the purpose of completing the background screening report.
- That they will provide Disclosure and obtain Authorization from an applicant prior to requesting a Background Investigation Report.
- That they will not disclose the background report or any of its contents to a third party.
Information obtained voluntarily by Visitors/Clients of A-Check Global’s website
While visiting A-Check Global’s public website, visitors may choose to provide us with personal data, for example contacting us, registering for a webinar, signing up to receive educational papers or requesting information regarding the services we provide. You also may decide to provide us voluntarily with personal data of a third person, such as your colleague or coworker. In such case, we assume that you have the unrestricted permission of such person to provide his/her personal data to A-Check Global. By submitting the personal data to us, you acknowledge and agree with your data being processed and/or transferred on A-Check Global’s behalf by its suppliers. A-Check Global will handle the information we learn from you from your visit to our website in the following manner:
We may collect, process or transfer the following information about you: the name of the domain from which you accessed our website; the date and time you access our site; and the Internet address of the website from which you linked directly to our site. We use the information we collect to measure the number of visitors to the different sections of our site, and to help us make our site more useful to visitors. We may transfer the information we collect to our corporate affiliates. We may use “cookies” and/or technologies to collect non-personally identifiable information from your visits to our website and your browser sessions to enhance your overall site experience and for statistical purposes. You can set your browser to turn off “cookies” or to warn you when a website attempts to place a “cookie” on your computer. However, if you turn off the “cookies,” our website may not work as intended.
Please read our Cookie Policy to learn more about how we use cookies.
III. CHOICE
Your consent to collection, disclosure and use of your confidential personal information is important to A-Check Global. Our organization relies on the following actions by you as indications of your consent to our existing and future Personal Information practices:
- Your voluntary disclosure of Personal Information directly to us with full knowledge of our Privacy Policy;
- Your express consent or acknowledgement contained within a written, verbal or electronic application process to our Client; and
- Your verbal consent solicited by A-Check Global (or our agent) for a specified purpose.
Although A-Check Global does not rely on consent for the fair and lawful processing of Personal Information (A-Check relies on Legitimate Interest Pursued by the Controller), the opportunity to consent will be provided when the Personal Information in question is collected. Your consent may be given through a designated representative such as your legal guardian, your agent, or a holder of power of attorney.
A-Check Global maintains servers and other storage facilities in the United States. As a consequence of your use of the site, your Personal Information may be used or stored in the United States. By using the Site you hereby affirmatively consent to the processing of your Personal Information in a country which may not have the same level of privacy protection as your country of residence. Should you withdraw this consent, you agree that you will not use or visit the Site subsequent to your withdrawal of such consent.
Subject to certain legal or contractual restrictions and reasonable notice, you may withdraw this consent at any time. A-Check Global will inform you of the consequences of withdrawing your consent. In some cases, refusing to provide certain Personal Information or withdrawing consent for A-Check Global to collect, use or disclose your Personal Information could mean that we cannot provide the requested services or information for you.
If you wish to withdraw your consent please contact us at:
Email
compliancedept@acheckglobal.com
Mailing address:
Attn: Compliance Department
A-Check Global
1501 Research Park Drive
Riverside, CA 92507 USA
Telephone:
+1 (877) 345-2021 ext. 3503
However, there are a number of instances where A-Check Global does not require your consent to engage in the processing or disclosure of Personal Information. A-Check Global may not solicit your consent for the processing or transfer of Personal information for those purposes which have a statutory basis, such as:
- The transfer or processing is necessary for the performance of a contract between you and A-Check Global (or one of its affiliates);
- The transfer or processing is necessary for the performance of a contract, concluded in your interest, between A-Check Global (or one of its affiliates) and a third party;
- The transfer or processing is necessary, or legally required, on important public interest grounds, for the establishment, exercise, or defense of legal claims, or to protect your vital interests; or
- The transfer or processing is required by applicable law.
IV. ACCOUNTABILITY FOR ONWARD TRANSER
A-Check Global may share your personal data with third parties that act as agents, consultants and contractors to perform tasks on behalf of, and under A-Check Global’s instruction. Third parties are provided personal data in the following limited circumstances: (1) personal information may be accessible to third-party service providers processing data on behalf of A-Check Global; however, any such service providers are required by contract to implement privacy and security safeguards consistent with this policy, Standard Contractual Clauses (2) We may be required to disclose your personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements; and (3) your personal information may be provided to a third party to the extent A-Check Global enters into a transaction for the acquisition of all or substantially all of A-Check Global’s assets. A-Check Global is liable for all appropriate onward transfers of personal data to third parties.
V. SECURITY OF PERSONAL INFORMATION RECEIVED FROM THE EUROPEAN UNION AND SWITZERLAND
A-Check Global maintains a secure network that is protected from computer malicious software and monitored for unauthorized access. All records both electronic and paper-based holding personal information are properly stored in card-access controlled facilities protected by video security and alarm systems. Digitally stored information transmitted using Signature Hash Algorithm (SHA-256) encryption. Employees, vendors and Clients sign binding non-disclosure agreements prior to engaging with A-Check Global.
VI. DATA INTEGRITY AND PURPOSE LIMITATION
Data collected by A-Check Global is collected for the purpose of employment screening. Our sources of information are those deemed most accurate by a consensus of the established background screening industry and through our extensive experience operating in this market. The information we collect must be relevant to the purposes of determining an applicant's suitability for employment. A-Check Global has an effective and swift dispute resolution procedure in place to allow individuals a chance to correct or delete inaccurate information.
VII. ACCESS FOR CORRECTION AND DELETION OF PERSONAL DATA
A-Check Global strives to ensure that individuals whose information we have collected have reasonable access to the personally identifying information they provided. Individuals providing proper identification will be granted access to amend, correct, or delete information that is identified as inaccurate, incomplete, or out-of-date.
A-Check Global provides you with a possibility to request that the personal data you provided to us is accurate and up to date by contacting A-Check Global directly at the contact information noted below. We will honor your choice and refrain from sending you such announcements. You may change your choice at any time. To update or delete your data or correct an inaccuracy, we may ask you to verify your identity and cooperate with us in our effort.
Email
compliancedept@acheckglobal.com
Mailing address:
Attn: Compliance Department
A-Check Global
1501 Research Park Drive
Riverside, CA 92507 USA
Telephone:
+1 (877) 345-2021 ext. 3503
VIII. RECOURSE, ENFORCEMENT, and LIABILITY
We commit to cooperate with EU Data Protection Authorities (DPAs) and the Swiss Federal Data Protection and Information (FDPIC) and comply with the advice given by such authorities with regard to personal data transferred from the EU and Switzerland.
A-Check Global has implemented internal mechanisms to verify ongoing adherence to this policy. We periodically verify that this policy remains accurate, comprehensive for its intended purpose, and is accessible in accordance with applicable law. A-Check Global is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
Any questions or concerns regarding the use or disclosure of personal information should be directed to the Compliance Officer at the address given below. We will respond to any reasonable and valid complaint within 45 days of receipt of such complaint. A-Check Global will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy.
Should you still feel that your concerns have not been adequately addressed after contacting us, you may file a complaint with JAMS
Arbitration
In the event that you cannot fully resolve your complaint through the JAMS, it is possible that you may invoke binding arbitration as a final resort. In order to invoke this arbitration option you must take the following steps prior to initiating an arbitration claim: (1) raise the claimed violation directly with A-Check Global and afford us an opportunity to respond to the issue within 45 days; (2) make use of the independent recourse mechanism, in this case JAMS, which is at no cost to you.
This arbitration option may not be invoked if your same claimed violation (1) has previously been subject to binding arbitration; (2) was the subject of a final judgment entered in a court action to which you were a party; or (3) was previously settled by you and us. In addition, you may not invoke this option where the Data Protection Authority of the country of your residence already has jurisdiction to resolve your compliant.
You may initiate binding arbitration, subject to the pre-arbitration requirements provision above, by delivering a “Notice” to the organization. The Notice shall contain a summary of steps taken to resolve the claim, a description of the alleged violation, and, at the choice of the individual, any supporting documents and materials and/or a discussion of law relating to the alleged claim.
Finally, you may only use binding arbitration to ensure A-Check Global follows the data handling practices set out in this Policy. No other form of remedy is available by any arbitration under this section.
IX. AMENDMENTS
This privacy policy may be amended from time to time. A-Check Global will post any revised policy on this website.
X. CONTACT FOR QUESTIONS
Any questions about the accuracy, use, processing or storage of data received by A-Check Global should be directed:
Email
compliancedept@acheckglobal.com
Mailing address:
Attn: Compliance Department
A-Check Global
1501 Research Park Drive
Riverside, CA 92507 USA
Telephone:
+1 (877) 345-2021 ext. 3503
Company Data Privacy Officer (DPO): Gary Hanley, Director of Compliance