Privacy Policy - Employment Screening Services

Introduction

Employment Screening Services, Inc. (“ESS”) publishes this Privacy Policy to provide consumers with information concerning our practices for handling information that is provided to or obtained by us. This policy is for general information only and is posted in compliance with applicable laws and regulations. This policy is not meant to provide guidance on whether personal consumer information should be supplied to ESS. In deciding whether to direct consumers to supply information to ESS, clients of ESS should consult our Master Services Agreement. In deciding whether to supply information to ESS, consumers are encouraged to consult with the company that is asking the consumer to submit to a background check.

This policy addresses:

Frequently Asked Questions (“FAQ”)
Information Gathered Pursuant to Our Background Screening Services
Information Security
Information Access and Accuracy
Our Website
Additional Notices
ESS Contact Information

Frequently Asked Questions

This FAQ section will provide you with answers to the most commonly-asked questions concerning our privacy practices. Once you have read this quick summary, please keep reading this policy to take a deeper look into our privacy practices.

1. What is Personal Identifying Information (“PII”)?

PII is information that is unique or specific to you and allows us to distinguish you from other people. Common examples of PII include your full name, date of birth, residential address, email address, basic biometric information, such as race and gender, Social Security Number, and Driver’s License Number. Some PII is already publicly available and can be found by anyone using the internet. Examples include a person’s name, date of birth, email address, and residential address.

2. Why does ESS collect PII?

ESS collects your PII from you in order to provide services to our client. These services include, but are not limited to, conducting background checks for employers, providing electronic Form I-9 services, serving as an E-Verify employer agent, and administering drug and alcohol testing. Your PII is used to match you to (or distinguish you from) records we obtain from a variety of sources, including courthouses, employers, and educational institutions.

3. What is Sensitive Personally Identifying Information (“SPII”)?

SPII is a subset of PII that receives special protection under state or federal laws. Examples include your Social Security Number or Driver’s License Number.

4. Does ESS engage in decision making or profiling using consumer information?

We do not make decisions about you, and we do not attempt to analyze or predict your behavior, preferences, interests, health, or other personal characteristics.

5. How long does ESS keep consumer information?

We keep information as long as we believe it may be necessary to fulfill our legal or compliance obligations. These obligations include record retention laws, file disclosure obligations, and client contract requirements.

6. Why is there no information in this policy about opting-out of transfers of my personal information?

ESS does not have a specific “opt-out” procedure designated within this policy for the following reasons:

ESS does not collect or transfer consumer information for any purpose other than the purpose for which it was originally intended;
We do not disclose consumer information to third parties for marketing purposes; and
Our clients have certified to us either (1) that they have received your consent to request your information or (2) that they have a permissible purpose under the Fair Credit Reporting Act (“FCRA”) or other applicable laws to obtain information about you.
The California Consumer Privacy Act does not require background screening companies (also known as consumer reporting agencies) to provide an opt-out to consumers. This is because consumers already have rights and protections under the federal Fair Credit Reporting Act, the California Consumer Credit Reporting Agencies Act, and the California Investigative Consumer Reporting Agencies Act. Please read this Privacy Policy to learn more about your rights and protections as a consumer under these laws.

7. How can I access or correct information about me?

At any time, you can request access to information about you held by ESS, or you can dispute the accuracy or completeness of information we report, by contacting ESS using any of the methods listed in the “ESS Contact Information” section of this page. We will take reasonable steps to respond to your request.

8. What are the rights of a consumer under the FCRA?

You can view a “Summary of Your Rights” by clicking here.

9. What are the obligations of a user of consumer reports under the FCRA?

You can view the “Notice to Users of Consumer Reports: Obligation of Users Under the FCRA” published by Consumer Financial Protection Bureau (“CFPB”) by clicking here.

10. What do I do if I believe my identity has been stolen?

If you believe your identity has been stolen, you may contact a nationwide consumer reporting agency to place a fraud alert on your credit file. Please note that ESS is not a nationwide consumer reporting agency. You can view the CFPB’s “Remedying the Effects of Identity Theft,” which provides information about how to contact one or more of the three credit bureaus, by clicking here.

Information Gathered to Provide Our Background Screening Services

ESS is a background screening company that compiles consumer reports on individuals according to the needs of our clients. Common reasons why a background check may be ordered by our clients include the following:

You are a potential or current employee of our client;
You are a potential or current volunteer for our client;
You are a potential or current independent contractor for our client;
You are a potential or current student of our client;
You are a potential or current tenant of our client; or
You have initiated a business transaction with our client.

Our clients have certified to us that they are requesting background checks on individuals for a permissible purpose under the FCRA. If you want to know why ESS is being asked to collect specific information about you, please contact the client that requested a background check on you.

When conducting background checks, ESS only uses information about you in relation to the services provided to a client that has a permissible purpose to request your information under the FCRA. When providing Electronic I-9 or E-Verify services, ESS uses information about you only to complete those services. ESS does not collect information about an individual unless it was requested by our client for a permissible purpose. We do not actively monitor individuals or aggregate information to sell to third parties for marketing purposes.

ESS does not make decisions about you and does not attempt to predict, monitor, or track your behavior with automated technology or otherwise.

Review the list below to see the types of information we collect to perform services for our client. Please keep in mind that this list may not be exhaustive, as every client’s specific needs are unique.

Chart

Information Security

ESS has worked to implement both technical and physical security measures in an effort to protect our consumer files against loss, misuse, and unauthorized access or disclosure. Please be aware that it is impossible to guarantee the absolute security or safety of information that is collected, but we strive to take reasonable measures to protect against the theft of unencrypted PII and SPII.

ESS instructs its employees and vendors to use certain security measures when sharing, storing, and destroying SPII. These measures typically include transmitting SPII only when necessary and by using appropriate levels of protection.

ESS periodically shares consumer information with vendors and our clients to perform our services. ESS intends only to share information with third parties who have a legitimate and legal purpose to receive it. We do not sell consumer information to third parties for marketing purposes. If we are asked to search for background information in a foreign country where you previously or currently live or work, we will transmit PII to researchers located in those countries so that they can complete the background check.

We may need to retain information collected to address or comply with contractual, statutory, or other legal obligations or requirements even after our services are completed. Please note that we may have to disclose your information as required by law or when we believe that disclosure is necessary to protect our rights or to comply with a court order or other judicial process.

When ESS disposes of consumer information, it takes reasonable measures to protect against unauthorized access to or use of the information in connection with its disposal.

Information Access and Accuracy

Your Right to a File Disclosure: You may request and obtain a copy of the information about you that we have in our files. To do so, you can email us at FileDisclosure@es2.com or contact us by any of the methods listed at the bottom of this page. You will be required to provide proper identification, which may include a copy of your driver’s license or other state-issued identification. We will use reasonable measures to facilitate your request.

Most of the PII that we collect about you comes directly from you, in which case, you are in control of its accuracy. ESS works to report accurate information when completing its services. However, we recognize that reporting errors may occur. As such, we offer consumers opportunities to dispute and correct information pursuant to the FCRA or other applicable laws. Information that ESS finds to be inaccurate will be revised accordingly. If you identify information on our consumer report that you believe is incomplete or inaccurate, you may report it to ESS and we will conduct a reinvestigation. Please visit https://www.es2.com/resources/disputes/ to learn how to initiate a dispute with ESS.

Please Note: We do not compile or maintain files on consumers on a nationwide basis. We do not compile or maintain credit history information on consumers. (From time to time, we may resell credit reports furnished by credit reporting agencies.) We are also not a nationwide specialty consumer reporting agency. We do not compile or maintain information relating to medical records or payments, residential or tenant history, check writing history, employment history, or insurance claims. Each time ESS furnishes a consumer report, that report is generated anew, gathering information from original source furnishers, such as court houses, state bureaus of investigation, past employers, educational institutions, etc. ESS’s files are therefore historical only. Archival copies of reports are maintained for compliance and legal purposes. If we have not furnished a consumer report about you to an employer or other third-party, then we do not have a file on you.

Our Website

This website only collects personal information from you if you choose to provide that information to us. It may also collect and utilize cookies. Cookies track only non-personal information for limited purposes, such as data analytics. Please be aware that this website contains links to other sites, such as our vendors’ online service websites. ESS does not control the privacy practices of these websites and is not responsible for the security measures utilized by other sites. This website is not intended for children under the age of 13, and ESS does not knowingly collect information related to children.

Our Web Application

Our web application is restricted access. If you are a client of ESS, ESS must provide you with logon credentials before you will be able to access it. If you are a consumer, you must be invited by our client to interact with our web application. It is through the web application that you submit information about yourself to us. For compliance purposes, you may be offered the opportunity to permit our web application to use location services, so that we can furnish legal notices that might be relevant to you. You will be able to decline location services, if you wish. The web application is not intended for use by children under the age of 13.

Additional Notices

Notice to California Consumers

ESS occasionally provides investigative consumer reports about residents of the State of California. If you would like ESS to provide you with additional information regarding our privacy practices or if you believe your personal information has been compromised, please contact us using any method listed at the bottom of this page.

Personal Information Disclosure: United States or Overseas – Information about consumers may be shared overseas under limited circumstances, such as when we prepare a background report on an individual who is or was living or working overseas.

California Consumer Privacy Act: Recognizing that consumers are already provided with accuracy and privacy protections under the federal Fair Credit Reporting Act, the California Consumer Credit Reporting Agencies Act, and the California Investigative Consumer Reporting Agencies Act, the California Consumer Privacy Act (“CCPA”) expressly exempts background screening companies from compliance with the CCPA. As a consumer, you still have rights and protections. Please read this Privacy Policy to learn about the information we collect, how we collect it, and how you can review your file and dispute inaccuracies.

Changes to This Policy

ESS may update this Privacy Policy periodically to reflect new products and services or as necessary to reflect new business practices.

Disclaimers

This policy does not apply to the practices of third parties that ESS does not own or control or to individuals that ESS does not employ or manage. ESS assumes no liability in case of onward transfers of any individual’s information to third-party vendors. By publishing this Privacy Policy, ESS does not guarantee or warrant the correctness, completeness, merchantability, or fitness for a particular purpose any of our services.

updated Dec. 4, 2019

ESS Contact Information

If you have any questions regarding this Privacy Policy or any other matter, please contact:

Compliance Officer
Employment Screening Services, Inc.
2700 Corporate Drive
Suite 100
Birmingham, AL 35242
Toll Free Phone Number: 866-859-0143
Email: Compliance@es2.com