PROFORMA 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.
The U.S. Department of Commerce and the European Commission have developed the EU-U.S. Privacy Shield Framework of data protection principles.
“Personal Information” or “Information” means personally identifiable 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 identifiers.
“Sensitive Personal Information” means information that identifies, such as: 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.
We collect general information about our users in three ways: directly from the user, from our Web server logs and through cookies.
User-supplied information: Proforma collects information on individuals for the purpose of providing background information to its clients, who are employers, for employment related decisions, including to hire, retain, promote, or reassign employment. This 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’s organizations will utilize the information.
Individuals must provide express written consent for personal information to be collected by employers and delivered to Proforma. Prior to receiving background 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 a Permissible Purpose, such as 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 to complete his/her job, he/she must provide an individual compliance certification to the same effect.
Also, if you complete the “Request A Quote”, “Start Screening”, “Contact”, “Program Builder” or “Get Updates” forms on this website, you will be asked to provide some personal information, such as name, title, company, email address phone number, and employee count. Information that you provide to us through one of these forms will be used to by Proforma respond to your inquiry. We may also use the information you provide to us to communicate with you in the future. If you do not wish to receive such communications, you may opt out (unsubscribe) anytime as described below.
Web server logs: When you visit our website, we may track information about your visit and store that information in web server logs, which are records of the activities on our sites. The servers automatically capture and save the information electronically. The information we collect helps us administer the site, analyze its usage, protect the website and its content from inappropriate use and improve the user’s experience.
- 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 section 1, titled, “Notice.” In the event a consumer wishes to opt-out of any information collected by Proforma, a consumer may withdrawal his/her consent by notifying Proforma through the contact link on this website 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.
- 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 section 1 titled, “Notice”. Proforma takes reasonable steps to ensure that any party that receives information will maintain privacy and confidentiality (see “individual certification” as described in section 1 titled, “Notice.”). Any third party that receives information from Proforma has obtained 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. If we ever were to engage in any onward transfers of your data with third parties other than our agents, we would provide you with an opt-out choice to limit the use and disclosure of your personal data.
Proforma may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
Proforma provides access to consumers of all data collected concerning the consumer 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 consumer 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. In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-U.S. Privacy Shield Principles, Proforma is potentially liable.
Proforma follows all reasonable procedures to protect personal and identifiable information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Proforma utilizes at least 256-bit encryption on secured servers for all Internet communications. Furthermore, only Proforma employees who require the information to perform specific tasks are granted access to consumer 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 used to store consumer personally identifiable information are stored in a secure environment, with appropriate physical security measures. However, we cannot guarantee that unauthorized persons will always be unable to defeat our security measures.
- Data Integrity
Proforma only collects data that is strictly necessary for the purposes listed in section 1 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 and disseminated. 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.
Proforma acknowledges that EU individuals have the right to access the personal information that we maintain about them. Proforma provides access to consumers of all data collected about the consumer to allow the consumer the reasonable opportunity to ascertain what personal data Proforma possesses concerning the consumer, and to correct, amend, transfer, or delete information that is inaccurate or incomplete. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct his query to firstname.lastname@example.org.
If requested to remove data, we will respond within a reasonable timeframe. 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.
Proforma Screening Solutions, LLC
125 E Hirst Road, Suite 3C
Purcellville, VA, 20132
You may opt out of any future contacts from us at any time by contacting us via the above information, or via the contact information on our website.
Proforma has further committed to refer unresolved privacy complaints under the EU-U.S. Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, 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 https://www.bbb.org/EU-privacy-shield/file-a-complaint/ for more information and to file a complaint.
Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.
Furthermore, Proforma is governed by the Fair Credit Reporting Act regulations as enforced by the U.S. Federal Trade Commission. Proforma is subject to the investigatory and enforcement powers of the 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.
This Policy may be amended from time to time, consistent with the requirements of the Privacy Shield Principles and the Fair Credit Reporting Act. Any such changes will be posted on this web page.
Effective date: May 25, 2018.