This privacy notice discloses the privacy practices for Background Screening Consultants LLC, operating on the internet as www.SafeScreener.com. This privacy notice applies solely to information collected by this website. It will notify you of the following:
1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies of the information.
Information Collection, Use, and Sharing
We only have access to user information that you voluntarily provide us via online request forms, fax, email or other direct contact from you, as well as the information collected during the service we provide to you . We will not sell or rent this information to anyone, for any purpose.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request.
Unless you ask us not to, we may contact you via email in the future to tell you about new products, services or new legislation that may affect your ability to conduct background screening.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
See what data we have about you, if any.
Change/correct any data we have about you.
Have us remove contact information we have for you.
Express any concern you have about our use of your data.
Background Screening Consultants LLC complies with the PCI DSS and E13PA Compliance. When you submit sensitive information via our user interface, your information is protected both online and offline.
Wherever we collect sensitive information via web forms (such as credit card data or personal data), that information is encrypted and transmitted in a secure environment. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page when entering the data in question.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a highly secure environment.
DATA PROCESSING ADDENDUM (Revision May 2018)
Regarding GDPR, Privacy Shield, and Standard Contractual Clauses
This Data Processing Addendum (“DPA”) forms part of the Master User Agreement or other written or electronic agreement between Background Screening Consultants LLC (BSC LLC) and Customer for the purchase of online services.
BSC LLC (identified either as “Services” or otherwise in the applicable agreement, and hereinafter defined as “Services”) (the“Agreement”) to reflect the parties’ agreement with regard to the Processing of Personal Data. Users of SafeScreener.com enter into this DPA on behalf of itself and, to the extent required under applicable Data Protection Laws and Regulations, in the name and on behalf of its Authorized Affiliates, if and to the extent BSC LLC processes Personal Data for which such Authorized Affiliates qualify as the Controller. For the purposes of this DPA only, and except where indicated otherwise, the term “Customer” shall include Customer and Authorized Affiliates.
In the course of providing the Services to Customer pursuant to the Agreement, BSC LLC may Process Personal Data on behalf of Customer and the Parties agree to comply with the following provisions with respect to any Personal Data, each acting reasonably and in good faith.
This DPA shall not replace any comparable or additional rights relating to Processing of Customer Data contained in Customer’s Agreement.
DATA PROCESSING TERMS and DEFINITIONS
“Controller” means the entity which determines the purposes and means of the Processing of Personal Data.
“Customer Data” means what is defined in the Agreement as “Customer Data” or “Your Data.”
“Data Protection Laws and Regulations” means all laws and regulations, including laws and regulations of the European Union, the European Economic Area and their member states, Switzerland and the United Kingdom, applicable to the Processing of Personal Data under the Agreement.
“Data Subject” means the identified or identifiable person to whom Personal Data relates.
“GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
“Personal Data” means any information relating to (i) an identified or identifiable natural person and, (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data or personally identifiable information under applicable Data Protection Laws and Regulations), where for each (i) or (ii), such data is Customer Data.
“Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Processor” means the entity which Processes Personal Data on behalf of the Controller.
“BSC LLC Group” means BSC LLC and its Affiliates engaged in the Processing of Personal Data.
“Standard Contractual Clauses” means the agreement executed by and between Customer and SafeScreener.com, inc.
“Sub-processor” means any Processor engaged by BSC LLC or a member of the BSC LLC Group.
“Supervisory Authority” means an independent public authority which is established by an EU Member State pursuant to the GDPR.
2) PROCESSING OF PERSONAL DATA
2.1 Roles of the Parties. The parties acknowledge and agree that with regard to the Processing of Personal Data, Customer is the Controller, BSC LLC is the Processor and that BSC LLC or members of the BSC LLC Group will engage Sub-processors pursuant to the requirements set forth in Section 5 “Sub-processors” below.
2.2 Customer’s Processing of Personal Data. Customer shall, in its use of the Services, Process Personal Data in accordance with the requirements of Data Protection Laws and Regulations. For the avoidance of doubt, Customer’s instructions for the Processing of Personal Data shall comply with Data Protection Laws and Regulations. Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Customer acquired Personal Data.
2.3 BSC LLC’s Processing of Personal Data. BSC LLC shall treat Personal Data as Confidential Information and shall only Process Personal Data on behalf of and in accordance with Customer’s documented instructions for the following purposes: (i)
Processing in accordance with the Agreement and applicable Order Form(s); (ii) Processing initiated by Users in their use of the Services; and (iii) Processing to comply with other documented reasonable instructions provided by Customer (e.g., via email) where such instructions are consistent with the terms of the Agreement.
2.4 Details of the Processing. The subject-matter of Processing of Personal Data by BSC LLC is the performance of the Services pursuant to the Agreement. The duration of the Processing, the nature and purpose of the Processing, the types of Personal Data and categories of Data Subjects Processed under this DPA are further specified in Schedule 4 (Details of the Processing) to this DPA.
3) RIGHTS OF DATA SUBJECTS
3.1 Data Subject Request. BSC LLC shall, to the extent legally permitted, promptly notify Customer if it receives a request from a Data Subject to access, correct or delete that person’s Personal Data or if a Data Subject objects to the Processing thereof (“Data Subject Request”). BSC LLC shall not respond to a Data Subject Request without Customer’s prior written consent except to confirm that such request relates to Customer to which Customer hereby agrees. To the extent Customer, in its use of the Services, does not have the ability to address a Data Subject Request, BSC LLC shall upon Customer’s request provide commercially reasonable assistance to facilitate such Data Subject Request to the extent BSC LLC is legally permitted to do so and provided that such Data Subject Request is exercised in accordance with Data Protection Laws and Regulations. To the extent legally permitted, Customer shall be responsible for any costs arising from BSC LLC’s provision of such assistance.
3.2 Data Subject Request. With effect from 25 May 2018, the following wording will replace Section 3.1 (“Data Subject Request”) in its entirety: Data Subject Requests. BSC LLC shall, to the extent legally permitted, promptly notify Customer if BSC LLC receives a request from a Data Subject to exercise the Data Subject’s right of access, right to rectification, restriction of Processing, erasure (“right to be forgotten”), data portability, object to the Processing, or its right not to be subject to an automated individual decision making (“Data Subject Request”). Taking into account the nature of the Processing, BSC LLC shall assist Customer by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Customer’s obligation to respond to a Data Subject Request under Data Protection Laws and Regulations. In addition, to the extent Customer, in its use of the Services, does not have the ability to address a Data Subject Request, BSC LLC shall upon Customer’s request provide commercially reasonable efforts to assist Customer in responding to such Data Subject Request, to the extent BSC LLC is legally permitted to do so and the response to such Data Subject Request is required under Data Protection Laws and Regulations. To the extent legally permitted, Customer shall be responsible for any costs arising from BSC LLC’s provision of such assistance.
4) BSC LLC PERSONNEL
4.1 Confidentiality. BSC LLC shall ensure that its personnel engaged in the Processing of Personal Data are informed of the confidential nature of the Personal Data, have received appropriate training on their responsibilities and have executed written confidentiality agreements. BSC LLC shall ensure that such confidentiality obligations survive the termination of the personnel engagement.
4.2 Reliability. BSC LLC shall take commercially reasonable steps to ensure the reliability of any BSC LLC personnel engaged in the Processing of Personal Data.
4.3 Limitation of Access. BSC LLC shall ensure that BSC LLC’s access to Personal Data is limited to those personnel performing Services in accordance with the Agreement.
4.4 Data Protection Officer. Members of the BSC LLC Group have appointed a data protection officer. The appointed person may be reached at firstname.lastname@example.org.
5.1 Appointment of Sub-processors. Customer acknowledges and agrees that (a) BSC LLC’s Affiliates may be retained as Subprocessors; and (b) BSC LLC and BSC LLC’s Affiliates respectively may engage third-party Sub-processors in connection with the provision of the Services. BSC LLC or a BSC LLC Affiliate has entered into a written agreement with each Sub-processor containing data protection obligations not less protective than those in this Agreement with respect to the protection of Customer Data to the extent applicable to the nature of the Services provided by such Sub-processor.
5.2 List of Current Sub-processors and Notification of New Sub-processors. BSC LLC shall make available to Customer the current list of Sub-processors upon request.
6.1 Controls for the Protection of Customer Data. BSC LLC shall maintain appropriate technical and organizational measures for protection of the security (including protection against unauthorized or unlawful Processing and against accidental or unlawful destruction, loss or alteration or damage, unauthorized disclosure of, or access to, Customer Data), confidentiality and integrity of Customer Data, as set forth in the Security, Privacy and Architecture Documentation. BSC LLC regularly monitors compliance with these measures. BSC LLC will not materially decrease the overall security of the Services during a user term.
7) CUSTOMER DATA INCIDENT MANAGEMENT AND NOTIFICATION
BSC LLC maintains security incident management policies and procedures specified in the Security, Privacy and Architecture Documentation and shall, notify Customer without undue delay after becoming aware of the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Data, including Personal Data, transmitted, stored or otherwise Processed by BSC LLC or its Sub-processors of which BSC LLC becomes aware (a “Customer Data Incident”). BSC LLC shall make reasonable efforts to identify the cause of such Customer Data Incident and take those steps as BSC LLC deems necessary and reasonable in order to remediate the cause of such a Customer Data Incident to the extent the remediation is within BSC LLC’s reasonable control. The obligations herein shall not apply to incidents that are caused by Customer or Customer’s Users.
8) RETURN AND DELETION OF CUSTOMER DATA
BSC LLC shall return Customer Data to Customer and, to the extent allowed by applicable law, delete Customer Data in accordance with the procedures and timeframes specified in the Security, Privacy and Architecture Documentation.
9) AUTHORIZED AFFILIATES
9.1 Contractual Relationship. The parties acknowledge and agree that, by executing the Agreement, the Customer enters into the DPA on behalf of itself and, as applicable, in the name and on behalf of its Authorized Affiliates, thereby establishing a separate DPA between BSC LLC and each such Authorized Affiliate subject to the provisions of the Agreement and this Section 9 and Section 10. Each Authorized Affiliate agrees to be bound by the obligations under this DPA and, to the extent applicable, the Agreement. For the avoidance of doubt, an Authorized Affiliate is not and does not become a party to the Agreement, and is only a party to the DPA. All access to and use of the Services and Content by Authorized Affiliates must comply with the terms and conditions of the Agreement and any violation of the terms and conditions of the Agreement by an Authorized Affiliate shall be deemed a violation by Customer.
9.2 Communication. The Customer that is the contracting party to the Agreement shall remain responsible for coordinating all communication with BSC LLC under this DPA and be entitled to make and receive any communication in relation to this DPA on behalf of its Authorized Affiliates.
10) LIMITATION OF LIABILITY
Each party’s and all of its Affiliates’ liability, taken together in the aggregate, arising out of or related to this DPA, and all DPAs between Authorized Affiliates and BSC LLC, whether in contract, tort or under any other theory of liability, is subject to the ‘Limitation of Liability’ section of the Agreement, and any reference in such section to the liability of a party means the aggregate liability of that party and all of its Affiliates under the Agreement and all DPAs together. For the avoidance of doubt, BSC LLC’s and its Affiliates’ total liability for all claims from the Customer and all of its Authorized Affiliates arising out of or related to the Agreement and each DPA shall apply in the aggregate for all claims under both the Agreement and all DPAs established under this Agreement, including by Customer and all Authorized Affiliates, and, in particular, shall not be understood to apply individually and severally to Customer and/or to any Authorized Affiliate that is a contractual party to any such DPA. Also for the avoidance of doubt, each reference to the DPA in this DPA means this DPA including its Schedules and Appendices.
Background Screening Consultants, LLC (SafeScreener.com)
2775 W Algonquin Rd Suite 220
Rolling Meadows, IL 60008