Privacy Policy

Privacy Statement

Proforma Screening Solutions, LLC respects the privacy interests of all clients, consumers, and visitors to our web sites. We are committed to protecting any information provided to us. Be assured that we take extreme caution in protecting the privacy of this information. Additionally, we are committed to safeguarding and securing our methods of data transmission.

We understand that consumers may be concerned about what we do with personal information. We agree that consumers have a right to know how we will utilize such information. Therefore, we have adopted this Privacy Policy to govern the use and handling of personal information.

PROFORMA SCREENING SOLUTIONS’ PRINCIPLES OF PRIVACY, CONSUMER

CONFIDENTIALITY AND SECURITY

Only information that is actually needed is collected and processed. Personal information is protected from unauthorized or accidental disclosure and is only viewed by those persons who need it to perform their job to provide the products and services authorized by you. Personal information is retained only as long as is required by law.

Our employees are comprehensively screened and trained to ensure that information is handled responsibly and in accordance with the Privacy Policy. We maintain strict physical, electronic, and procedural safeguards that comply with state and federal regulations to guard a consumer’s nonpublic and public personal information.

TO OUR WEB SITE VISITORS
When you visit the Proforma Screening Solutions’ website, we collect general data including your domain name, the name of the web page from which you entered our site, which pages you visit on our site, and how much time you spend on each page. This general information does not include specific identifying information about you. We use this information to monitor and improve our site, and we do not provide this information to outside parties.

SAFE HARBOR PROVISIONS OF PRIVACY POLICY
The U.S. Department of Commerce and the European Commission have developed a “safe harbor” framework of data protection principles (“U.S.-EU Safe Harbor Framework”). The U.S. Department of Commerce and the Federal Data Protection and Information Commissioner of Switzerland have developed a similar, but separate “safe harbor” framework of data protection principles (“U.S.-Swiss Safe Harbor Framework”). These frameworks are designed to provide U.S. organizations with a means to satisfy the European Union’s or Switzerland’s legal requirement that adequate data protections be afforded to personal information transferred from the European Union or Switzerland to the United States.

Proforma Screening Solutions, LLC (“Proforma”) hereby affirms its strong policy to protect and maintain the privacy and personal data that we assemble on behalf of employers concerning consumers. In that regard, Proforma complies with the US-EU Safe Harbor Framework and the US-Swiss Safe Harbor Framework privacy principles as set forth by the United States Department of Commerce, regarding the collection, use, and retention of personal information from European Union member countries and Switzerland (hereafter “Safe Harbor Privacy Principles”). Proforma has certified that it adheres to the Safe Harbor Privacy Principles of: Notice; Choice; Onward Transfer; Security, Data Integrity; Access; and Enforcement. If there is any conflict between the policies in this privacy policy and the Safe Harbor Privacy Principles, the Safe Harbor Privacy Principles shall govern. To learn more about the Safe Harbor program, and to view our certification page, please visit http://www.export.gov/safeharbor/.

SCOPE
This Safe Harbor Privacy Policy (the “Policy”) applies to all personal information received by Proforma in the United States from the European Economic Area and from Switzerland, in any format including electronic, paper or verbal.

DEFINITIONS
“Personal Information” or “Information” means information that (1) relates to an individual and (2) identifies or can be used to identify the individual. Such information may include an individual’s: name; postal address; e-mail address; telephone number; Social Security number; date of birth; or other unique identifier.

“Sensitive Personal Information” means information that identifies; racial or ethnic origin; political opinions; religious beliefs; trade union membership; health; sex life; employment; commission or alleged commission of any offence; and criminal record.

PRIVACY PRINCIPLES
1. Notice
Proforma collects information on individuals for the purpose of providing the information to employers for employment related decisions (hire, retain, promote, or reassign). Information may also be utilized to conduct employee investigations where an employer has a suspicion of work related misconduct or wrongdoing. Human resources and security professionals with the employer organizations will utilize the information. Prior to receiving information from Proforma, each employer must provide a certification (as prescribed by the Fair Credit Reporting Act) to Proforma stating that it will only use the information for employment purposes and that it will comply with all state and federal regulations and obligations. Furthermore, before any employer’s agent or employee receives the information in order to complete his/her job, he/she must provide an individual certification to the same effect.

2. Choice (opt-out of sensitive information)
Proforma gives consumers a choice for the collection of information by virtue of the fact that the information is only collected with the consumer’s explicit consent. Furthermore, the information collected is only utilized for the purposes described above in the section on “Notice.” In the event a consumer wishes to opt-out of any information collected by Proforma, a consumer can withdrawal his/her consent by notifying Proforma through the contact link on this web site or through contact information provided on the consent form. This does not mean that information will be erased or deleted. Various laws require that Proforma maintain the data on file for a period of time. However, in the event of an opt-out, the data will not be forwarded or utilized by Proforma for any purpose.

3. Onward Transfer
The information obtained by Proforma is forwarded only to an entity that has been specifically authorized by the consumer to receive the data, or an agent of the end-user operating on behalf of the end-user, and only for the purpose described in the section under “Notice”. Proforma takes reasonable steps to insure that any party that receives information will maintain privacy and confidentiality (see “individual certification” as also described in the section under “Notice.”). Any third party that receives information from Proforma has received written authorization from the consumer, and has given the consumer prior notice as to the purpose of the collection of data. Each transfer of information to the third party includes a notification reiterating the privacy and confidential certifications made by the third party.

Proforma provides access to consumers on all data collected concerning the consumer in order to allow the consumer the reasonable opportunity to ascertain what personal data Proforma possesses about the consumer, and to correct, amend, or delete information that is inaccurate or incomplete. Disclosure is provided under the terms of the Fair Credit Reporting Act. Under all circumstances, a consumer is entitled to a copy of his/her report, including a consumer who is a citizen of the EU. However, Proforma reserves the right to engage in reasonable efforts to confirm the identity of anyone requesting this data.

4. Security
Proforma follows all reasonable procedures to protect personal and identifiable information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Proforma utilizes a 256-bit encryption on a secured server for all Internet communications. Furthermore, only Proforma employees who require the information to perform a specific job are granted access to personally identifiable information. Strong password protection protocols are used on all computers. All employees are kept up-to-date on our security and privacy policies. Finally, the servers that are used to store personally identifiable information are kept in a secure environment, with appropriate security measures.

5. Data Integrity
Proforma only collects data that is strictly necessary for the purposes listed under the section titled, “Notice.” The data includes information that is required to identify the consumer for purposes of collecting employment related information. Proforma makes every reasonable effort to assure maximum possible accuracy in the information collected. Regarding public record information that is likely to have an adverse effect on the consumer, Proforma maintains strict procedures to insure the information is complete and current (pursuant to Fair Credit Reporting Act rules 613 (a)(1)(2). Proforma cannot be responsible for errors within court records and within the records of other consumer reporting agencies, such as credit bureaus. Therefore, Proforma cannot act as a guarantor of information.

6. Access
Proforma provides access to consumers on all data collected about the consumer in order to allow the consumer the reasonable opportunity to ascertain what personal data Proforma possesses concerning the consumer, and to correct, amend, or delete information that is inaccurate or incomplete. Disclosure is provided under the terms of the Fair Credit Reporting Act. Under all circumstances, a consumer is entitled to a copy of his/her report, including a consumer who is a citizen of the EU. However, Proforma reserves the right to engage in reasonable efforts to confirm the identity of anyone requesting this data.

7. Enforcement
Proforma adheres to the Safe Harbor Privacy Principles by means of self-assessment verification. In addition, we provide a readily available and affordable independent recourse mechanism by which each individual’s complaints and disputes are investigated and resolved by reference to the principles and damages awarded where applicable law or private sector initiatives so provide. In compliance with the Safe Harbor Privacy Principles, Proforma commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss citizens with inquiries or complaints regarding this privacy policy should first contact Proforma at:

Gregg Hyde, Compliance Officer
Proforma Screening Solutions, LLC
125 E Hirst Road, Suite 3C
Purcellville, VA, 20132
ghyde@lowersrisk.com

Proforma has further committed to refer unresolved privacy complaints under the US-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint. By participating in the BBB EU Program, Proforma has made a commitment to meet the program’s strict requirements regarding how we treat and protect consumer information.

Furthermore, Proforma is governed by the Fair Credit Reporting Act regulations as enforced by the U.S. Federal Trade Commission. As a Virginia Limited Liability Company and a Credit Reporting Agency, we are also governed by the rules and regulations of the Commonwealth of Virginia.

Proforma is a member of the National Association of Professional Background Screeners and strictly adheres to its professional standards, code of conduct, ethical business practices, and its promotion of compliance with the Fair Credit Reporting Act.

We self-certify compliance with:

safeharbor

To learn more about the Safe Harbor program please visit: http://www.export.gov/safeharbor
Proforma’s Safe Harbor certification can be verified at: https://safeharbor.export.gov/list.aspx

Changes To This Safe Harbor Privacy Policy
This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles and the Fair Credit Reporting Act. Any such changes will be posted on this web page.
Effective date: [September 2, 2015]