ESR Privacy Policy

Employment Screening Resources (ESR) Privacy Policy

Privacy Information

Employment Screening Resources® (ESR) is a Consumer Reporting Agency (CRA) that prepares Consumer Reports for authorized employers under the provisions of the federal Fair Credit Reporting Act (FCRA). The ESR Privacy policy is very simple: ESR only collects applicant data pursuant to written Authorization and Disclosure under the FCRA and only disseminates consumer reports to employers as directed in the written authorization. In other words, data is only collected and distributed at the direction and authorization of consumers. The data is maintained in a secured site.  ESR maintains strict policies and procedures in all aspects of its operation to protect the privacy of consumers.

ESR Does Not Offshore Any Portion of Our Operations

ESR does NOT send U. S. applicant information outside of the U.S. for processing. Once data leaves the U.S., the data is beyond the reach of U.S. privacy laws and there are no meaningful privacy protections. ESR believes that firms that send data outside the U.S. put applicants and employers at great risk, for no other reason than to make a little more money. In some countries, it is a well-known fact that U.S. identities are stolen and used for identity theft. As a practical matter, someone in the U.S. has no ability to hire a lawyer in a foreign country to pursue legal action or contact a foreign police authority to get any action taken. The only exception is where ESR is asked to perform an international verification and the information resides outside of the U.S. Even in that situation, ESR goes to great length to protect applicant data by going directly to the school or employer. If it is necessary to have a researcher do research in a foreign country, ESR only releases the minimum information absolutely necessary.

ESR strongly advises all employers to ask a screening firm if they send data outside of the U.S. and to seriously consider the dangers to their hiring processes and to their applicants.

Propriety, Secure,  and Certified Technology

The ESRCheck® online system is a separate web site that is only available to ESR customers and is utilized as a means for ESR to receive orders from authorized employers and to transmit information to and from authorized users. However, all such usage is strictly between ESR and business entities whose legitimate need for the information and permissible purpose has been verified pursuant to section 607(a) of the FCRA which states: (a) Identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 605 [§ 1681c] and to limit the furnishing of consumer reports to the purposes listed under section 604 [§ 1681b] of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 604.

All data on the ESR system is protected by secure access, ensuring "for-your-eyes-only" data exchange. Viewing of information is restricted to the users and customers that should have it with state of the art security, including 128-bit SSL encryption and strong password protection.  Our software has been certified by SecureWorks, which is an approved third party certification agency for the major credit bureaus for the purpose of online retrieval, transmittal and storage of credit information. Physical security of servers is state of the art and has undergone state of the art auditing by third parties. The Privacy and Integrity of all information is fully protected. All employees who have access to any information from this site have signed privacy agreements and 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 data breach laws.

Retention & Destruction of Your Information 

Information is retained pursuant to the FCRA for a minimum of six (6) years. The method for a consumer to opt-out of ESR obtaining information is to not consent to a pre-employment background screening with a prospective or current employer. Once a consumer has consented to such a screening, ESR must retain information on file for US residents for the six (6) year period.

In the event ESR destroys any information provided by employers, 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.'

You Have Rights 

Any consumer may exercise their right to inspect any data about them and to object to any data pursuant to the FCRA and applicable state law. 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.

Personal Information Disclosure: United States or Overseas

Employment Screening Resources (ESR) opposes the “offshoring” of Personally Identifiable Information (PII) of consumers – such as names, dates of birth, and Social Security numbers (SSNs) – sent overseas outside of the United States and its territories and beyond the protection of U.S. Privacy laws. ESR’s mission is to protect the PII of consumers, which is best done by keeping all such information in the United States.

Employment Screening Resources does not transmit, share, or transfer personal and identifiable information outside the United States or its territories for the purposes of processing or preparing consumer reports.  The sole exception occurs where there is a request for an international background checks and the information needed for the report is located outside of the US or its territories.  Even in that situation, ESR  does not transfer personal information unless absolutely required and would only transfer the minimum information needed to prepare the report.

ESR belongs to ConcernedCRAs (http://www.concernedcras.com/) a group of Consumer Reporting Agencies (CRAs) dedicated to protecting consumer privacy by not offshoring PII. ESR has adopted the policy of ConcernedCRAs and operates in as follows:

How Consumers Dispute Information in a Consumer Report

If consumers are the subject of a consumer report prepared by Employment Screening Resources (ESR) and find incorrect or incomplete information, they have the right under federal law to dispute it. Consumers may contact ESR by calling 888-999-4474 and asking to speak with a Dispute Resolution Specialist. For more information, visit the ESR Applicant Support Center.

The following links will take consumers to the document 'A Summary of Your Rights Under the Federal Fair Credit Reporting Act' provided by the Consumer Financial Protection Bureau (CFPB):

A Summary of Your Rights Under the Federal Fair Credit Reporting Act

Un resumen de sus derechos en virtud de la Ley de Informe Justo de Crédito (Spanish Version of Summary of FCRA Rights)

EU-U.S. Privacy Shield Framework

In February 2016, the EU Commission and the U.S. agreed on a new framework for data transfers called the EU-U.S. Privacy Shield. On August 1, 2016, 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 European Union (EU) to the United States (U.S.) with a mechanism to comply with EU data protection requirements in support of transatlantic commerce officially launched. The EU-U.S. Privacy Shield Framework website is available online at www.privacyshield.gov.

Employment Screening Resources (ESR) received notification from the U.S. Department of Commerce’s International Trade Administration (ITA) that ESR’s self-certification of adherence to the EU-U.S. Privacy Shield Framework is approved and effective as of August 12, 2016. To read an ESR News Blog about ESR receiving EU-U.S. Privacy Shield certification, click here.

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 regarding the collection, use, and retention of personal information from Switzerland.  ESR has certified that it adheres to the principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. 

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"(Spanish Version).

ESR reserves the right to modify or change its privacy policy. All such changes will be posted on this page.

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: +1-415-761-9018
Email: privacy@esrcheck.com

 

 

 

 

 

 

 

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.


NAPBS Accredited PCI DDS Compliant Dangers of Background Check Firms Offshoring Personal Data of Americans outside of US relvealed in Whitepaper. NAPBS Founding Member

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