ESR Privacy Policy

Employment Screening Resources (ESR) Privacy Policy

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Privacy Information

Employment Screening Resources® (ESR) is a Consumer Reporting Agency (CRA) that prepares Consumer Reports for its authorized End-User employer clients under the provisions of the federal Fair Credit Reporting Act (FCRA), state law equivalents, and international laws and regulations where applicable. For purposes of this Notice:

ESR only collects Personal Data pursuant to written disclosure and authorization under the FCRA and other applicable domestic and international laws, and only disseminates consumer reports to End-Users as directed in the written authorization. In other words, Personal Data is only collected and distributed at your direction and with your written authorization. Your Personal Data is never shared with unauthorized third parties, it is never reused, and it is never resold.

As part of their selection process, our End-User clients engage ESR to process background checks on both U.S. and Non-U.S. residents who apply for open positions located where they reside or for placement elsewhere. This Notice provides the following information about the background check process:

Collection, Use, and Disclosure of Your Personal Data

COLLECTION: The background check will involve verifying Personal Data that you have provided during the application process and the collection of additional information about you. Each End-User applies their own background check criteria, and ESR only processes the services we are instructed to perform by the End-User. Depending on the scope of inquiries requested by the End-User the background check may in whole or in part include, obtain, and/or verify: information about your prior employment; personal interviews with your former employers concerning your job performance and compensation; professional and personal references; education history; professional licenses and credentials; national insurance number, social security number or similar number, as applicable; and motor vehicle records. Where it is relevant to the position that you are seeking and to the extent permitted by applicable law, the background check may also collect information about your criminal convictions and offenses, if any; your credit history; and listings on debarment, sanctions, and exclusion lists, if any. Where legally permitted or required below, the background check may include drug and/or occupational health screening.

USE: The information collected will be compiled in a Consumer Report (“Background Report”) that will contain your Personal Data. The requesting End-User will use the Background Report to evaluate your application for the open position. This evaluation is necessary for the requesting End-User to determine whether to enter into an employment or contracted work agreement with you and for the requesting End-User to pursue its legitimate interests of ensuring the fidelity of its workforce. If you do not provide the Personal Data necessary for the requesting End-User to conduct the background check, they may determine that you are not eligible for the position for which you applied.

DISCLOSURE: The requesting End-User will not disclose the Background Report to any third party outside its corporate group except in exceptional circumstances, such as to seek advice from its professional advisors or to defend legal claims. If you apply for employment with another member of the End-User’s corporate group, the End-User may disclose the Background Report to that entity.

Personal Information Disclosure: United States or Overseas

INTERNATIONAL TRANSFERS OF PERSONAL DATA

All ESR facilities and employees are located in the United States which is where all Background Reports are prepared. ESR does not transmit, share, or transfer Personal Data outside the United States or its territories except in cases where a requested Background Report includes an international background check service and the Personal Data needed for performing the service is located outside of the U.S., and then ESR only transfers the minimum information needed to prepare the Background Report. All personal information is transmitted and stored in a secure manner in accordance with the terms of this Privacy Policy.

ESR is compliant with the EU General Data Protection Regulation (“GDPR”) regarding the use and transfer of information on residents of the European Union.

ESR is an approved participant in both the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks to ensure an adequate level of protection for your Personal Data that may be transferred or obtained offshore. ESR’s participation in Privacy Shield can be viewed at this link: www.privacyshield.gov/participant?id=a2zt0000000KzNVAA0&status=Active.

If you apply for a position with other members of the End-User’s corporate group, the Personal Data in the Background Report may be accessed by employees of those entities directly involved in the hiring process. These other entities may be located in third countries that provide different data protection standards from those in your country. You have the right to object to such transfers of your Personal Data to affiliated companies unless the recipient has entered into an appropriate data transfer agreement with the End-User.

Security Measures for Personal Data

Whether in possession of the End-User or ESR, your Personal Data will be protected by reasonable and appropriate administrative, physical, and technical measures. For example, ESR requires a unique username and password to access Background Reports, and the End-User provides such log-in credentials only to employees with a need to know; all personal data located in ESR’s database is fully encrypted in transit and at rest; and ESR undergoes annual third-party SSAE 18 SOC2 Type 2 audits confirming its security, privacy, and confidentiality policies and procedures.

The Privacy and Integrity of all Personal Data are fully protected. All employees who have access to any Personal Data have undergone initial and ongoing background checks, signed privacy agreements, and they are regularly trained in privacy practices and procedures. ESR maintains a Written Information Security Policy (WISP) in conformity with Massachusetts requirements under 201 CMR 17.00: STANDARDS FOR THE PROTECTION OF PERSONAL INFORMATION OF RESIDENTS OF THE COMMONWEALTH. In the event of a data breach, ESR acts in conformity with appropriate domestic and international data breach laws.

Retention of Personal Data

Personal Data is retained by ESR on U.S. residents pursuant to the FCRA for a minimum of six (6) years unless otherwise restricted by national and/or international laws and regulations. Non-U.S. residents Personal Data is retained as allowed by the GDPR and/or other international laws and regulations.

The primary method for a consumer to opt-out of ESR obtaining your Personal Data is to not consent to ESR preparing a Background Check for one of its End-User clients. Consent may be subsequently withdrawn by you after which ESR will stop processing and/or reporting your Personal Data. To withdraw consent, you may contact ESR by email at privacy@esrcheck.com or by calling 888-999-4474 and asking to speak with a Privacy Specialist.

In the event, that ESR by either policy or request destroys any information provided by clients, applicants, or third parties during the course of its work the destruction is accomplished in accordance with the approved document disposal rules formulated by the Federal Trade Commission (FTC). For more information, read the FTC Guidance 'Disposing of Consumer Report Information? Rule Tells How.' and/or the provisions of GDPR Article 17, Right to Erasure.

The End-User will retain the Background Report until the conclusion of the job application process, and if you are not hired, for one additional year unless applicable law or internal policy requires a longer or shorter retention period. If you are hired, the End-User will retain the Background Report throughout the course of the employment relationship and for one additional year unless applicable law requires a longer or shorter retention period.

No Automated Decision Making

End-Users do not make any decisions concerning your employment only by automated means.

Your Rights with Respect to Your Personal Data

Right to Inspect: Any Consumer may exercise their right to inspect any data held about them and to object to any data pursuant to the FCRA, state law equivalents, and international laws and regulations where applicable. See "A Summary of Your Rights Under the Fair Credit Reporting Act" (Un resumen de sus derechos en virtud de la Ley de Informe Justo de Crédito) prepared by the Consumer Financial Protection Bureau (CFPB). Also, learn about your right to request a copy of your data on the FACT Act Compliance page. Residents of the EU will find the rights of the data subject under the GDPR by clicking here.

Right to Correction: You have the right to access your Personal Data and to request that the requesting End-User and ESR update, correct or delete your Personal Data as provided by applicable U.S. and international laws.

Right to Object: You also have the right to restrict, and to object to, the requesting End-User’s processing of your Personal Data and to data portability as provided by applicable law. Subject to certain limitations, the right to data portability allows you to obtain from the requesting End-User, or to ask them to send to a third party in electronic form, a copy of your Personal Data that you provided to the requesting End-User in connection with the background check process or as otherwise obtained with your other consent.

Right to Access: Your right to access your Personal Data includes your right to receive a copy of all, or a portion, of your Personal Data in the End-User’s or ESR’s possession as long as their providing your Personal Data would not adversely affect the rights and freedoms of others.

Right to Dispute: If you are the subject of a consumer report prepared by Employment Screening Resources (ESR) and find incorrect or incomplete information, you have the right under federal and international laws to dispute it. Consumers may contact ESR by calling 888-999-4474 and asking to speak with a Dispute Resolution Specialist, or by sending an email with your contact information to dispute@esrcheck.com. For more information, visit the ESR Applicant Support Center.

GDPR Right To Object: You have the right to restrict, and object to the processing of your Personal Data and to data portability as provided by applicable law. If you do object to the processing of your Personal Data, the processing of your Personal Data will be stopped unless there is an overriding, compelling reason to continue the processing or the processing is necessary to establish, pursue or defend legal claims. Subject to certain limitations, the right to data portability allows you to obtain from the requesting End-User, or to ask them to send to a third party, a copy of your Personal Data in electronic form that you provided to the requesting End-User in connection with the background check process or with your consent.

GDPR Right to Erasure: You have the right to have your Personal Data erased if:

How to Exercise Your GDPR Rights: You can exercise these rights by contacting the requesting End-User for further information and assistance. The requesting End-User will respond to such requests in accordance with applicable data protection law. If you reside in the European Economic Area, you have the right to lodge a complaint with the applicable data protection authority if you believe that your Personal Data has been processed in violation of applicable data protection law. You may also contact ESR directly by email at privacy@esrcheck.com or by calling 888-999-4474 and asking to speak with a Privacy Specialist.

EU-U.S. Privacy Shield Framework

In February 2016, the European Union (EU) and the United States (U.S.) agreed on a new framework for data transfers called the the EU-U.S. Privacy Shield Framework designed by the U.S. Department of Commerce and European Commission to provide companies on both sides of the Atlantic that transfer personal data from the EU to the U.S. with a mechanism to comply with EU data protection requirements in support of transatlantic commerce. The EU-U.S. Privacy Shield Framework website is available online at www.privacyshield.gov.

Employment Screening Resources (ESR) complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce and European Commission regarding the collection, use, and retention of Personal Data from EU. ESR has certified that it adheres to the principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.

ESR EU-U.S. and Swiss-U.S. Privacy Shield Policy (Updated February 2018)
EU-U.S. PRIVACY SHIELD FRAMEWORK: ACTIVE
Original Certification Date: 8/12/2016
Next Certification Due Date: 9/22/2018
Data Collected: NON-HR

ESR’s participation in EU-U.S. Privacy Shield Framework and our current status can be viewed at: www.privacyshield.gov/participant?id=a2zt0000000KzNVAA0&status=Active.

Swiss-U.S. Privacy Shield Framework

Employment Screening Resources (ESR) complies with the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce and Swiss Administration regarding the collection, use, and retention of Personal Data from Switzerland. ESR has certified that it adheres to the principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.

ESR EU-U.S. and Swiss-U.S. Privacy Shield Policy (Updated February 2018)
SWISS-U.S. PRIVACY SHIELD FRAMEWORK: ACTIVE
Original Certification Date: 3/5/2018
Next Certification Due Date: 9/22/2018
Data Collected: NON-HR

ESR’s participation in Swiss-U.S. Privacy Shield Framework and our current status can be viewed at: www.privacyshield.gov/participant?id=a2zt0000000KzNVAA0&status=Active.

Contact ESR for Privacy Questions or Concerns

Any questions or concerns about Privacy should be directed to privacy@esrcheck.com ESR will make all reasonable efforts to address a consumer's concerns. If the matter cannot be resolved by ESR, then a consumer has additional rights. See "A Summary of Your Rights Under the Fair Credit Reporting Act" (En español). Residents of the EU will find the rights of the data subject under the GDPR by clicking here.

Right to Modify

ESR reserves the right to modify or change its privacy policy. All such changes will be posted on this page. Last revision: 06/06/2018

Copy of Privacy Policy

For a copy of the ESR Privacy Policy, print this web page or contact privacy@esrcheck.com.

Questions?

If you have questions regarding the Employment Screening Resources (ESR) Privacy Policy, please contact:

Brad Landin
President and Chief Compliance Officer (CCO)
Employment Screening Resources (ESR)
United States
Telephone: +1-415-898-0044
Email: privacy@esrcheck.com

 

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The most selective companies trust ESR to manage their screening programs.

Employment Screening Resources® (ESR) is a global background check firm that is a strategic choice for employers who need accuracy and compliance in their background screening programs.

ESR is accredited by the National Association of Professional Background Screeners (NAPBS®) and undergoes yearly SOC 2® audits to ensure the privacy, security, confidentiality of consumer information.

ESR founder and CEO Attorney Lester Rosen wrote the book on background checks with “The Safe Hiring Manual.” To learn more about services and solutions from ESR, please fill out the form to the right.


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