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EU and Switzerland Safe Harbor Privacy Policy Last updated: 4/20/2013 SecurTest, Inc. ("SecurTest") participates in the Safe Harbor Program administered by the U.S. Department of Commerce ("the Department") for the transfer of Personal Information[1] from the European Union ("EU") and Switzerland to the United States. As part of our participation in the Safe Harbor Program, SecurTest has adopted this policy ("Safe Harbor Policy"), which is consistent with the Safe Harbor Privacy Principles published by the Department. Our Safe Harbor Policy also reflects, where applicable, the requirements of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et. seq., (the "FCRA") and its state law counterparts, which regulate many of the Personal Information products offered by SecurTest (i.e., consumer or background investigation reports). In the event of any conflict between this Safe Harbor Policy and our obligations under the FCRA or other laws, the law will control. Please note that in certain cases, consistent with the Safe Harbor Program, the notice, choice, and onward transfer principles below do not apply in cases where SecurTest is transferring public record information from the EU or Switzerland to the U.S. without combining that information with nonpublic information, or in cases where SecurTest is transferring publicly available information that has not been restricted by the transferor. However, as noted above, SecurTest complies with the FCRA when applicable. NOTICE: SecurTest seeks to inform individuals, either directly or by requesting our customers to do so, about the purposes for which we collect and use Personal Information about them, how to contact us with any questions or complaints (as seen below), the types of third parties to which we disclose Personal Information, and the choices and means we offer individuals for limiting the use and disclosure of Personal Information. In addition, SecurTest provides additional notices that may be required by the FCRA either directly or through its customers. SecurTest, for example, collects, maintains, uses, and discloses Personal Information about consumers in connection with the preparation of reports for government agencies and employers and their joint users and agents, such as staffing firms or recruiters. These reports are used for employment eligibility determinations or access control privileges, including for purposes of evaluating a consumer for employment, promotion, reassignment, or retention as an employee. Personal Information, for example, may be collected, maintained, used, and disclosed in the performance of background checks on applicants and employees; for purposes of verifying prior employment and credentials such as education history and professional licensure and conduct; and investigations of possible employee misconduct. CHOICE: It is our policy to provide individuals with clear and conspicuous, readily available, and affordable mechanisms to exercise choice. Consistent with FCRA requirements, SecurTest requires subscribers to obtain the written authorization of the consumer before furnishing a consumer report for employment purposes. In the event we collect Personal Information from the EU or Switzerland specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying the sex life of the individual—we would provide consumers affirmative (opt in) choice if the information is to be disclosed to a third party or used for a purpose other than those for which it was originally collected or subsequently authorized by the individual through the exercise of opt in choice. We also make reasonable efforts to treat Personal Information as "sensitive" if a third party providing us with that Personal Information treats and identifies it as being sensitive. In the case of other Personal Information other than consumer report information, we offer individuals the opportunity to choose (opt out) whether their Personal Information is (a) to be disclosed to a third party (other than our agents and contractors) or (b) to be used for a purpose that is incompatible with the purpose(s) for which it was originally collected or subsequently authorized by the individual. Finally, we allow individuals to opt-out of certain products and services as required by law and SecurTest policies. For information about opt-out opportunities contact us by telephone at 1-800-445-8001 or by e-mail at compliance@SecurTest.com ONWARD TRANSFER: Our disclosure of Personal Information to third parties will be done in compliance with the notice and choice principles above, where applicable, and, in cases where SecurTest is providing the third party with a consumer report, we comply with FCRA requirements. In the event that we disclose Personal Information to our agents or contractors we either enter into a written agreement with the agent or contractor requiring that they provide at least the same level of privacy protection as is required by the Safe Harbor Privacy Principles or verify that other appropriate legal controls are in place to safeguard Personal Information. SECURITY: We take reasonable precautions to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration, and destruction. We strive to protect Personal Information which we maintain or disseminate so it is not obtained by unauthorized individuals or used in unauthorized ways. We strive to know that our customers are legitimate and verify that they have an appropriate and lawful purpose for obtaining information. We continue implementing and updating security safeguards, as appropriate. DATA INTEGRITY: We take reasonable steps to ensure that data is reliable, relevant for its intended use, accurate, complete, and current. We also strive to assure that every source we use is reputable and reliable. In the case of consumer reports, SecurTest has developed procedures to comply with the FCRA's requirements regarding the accuracy of the information contained in consumer reports; restrictions on the information that can be included in consumer reports; and requirements regarding the reporting of certain public record information and the provision of contemporaneous notice to consumers that such information is being provided to an employer, if the information is not complete and up to date when it is provided. ACCESS: We strive to provide consumers with access to Personal Information about them that we hold and to allow consumers to correct, amend, or delete that information where it is inaccurate, except where the burden or expense of providing access would be disproportionate to the risks to the individual's privacy in the case in question, or where the rights of persons other than the individual would be violated. As an example, we hold the patent for iReviewNow, which allows consumers free access to their consumer reports prepared by SecurTest at no charge. A consumer can dispute any information in the report, explain any information, and self-improvement steps by using iReviewNow. In some cases, depending upon the nature of your request and the Personal Information involved, we may need to direct you to the party that provided the data to us (such as our customer or a public record repository). We will respond to consumers' requests' within 30 days. In the case of our FCRA-regulated products, consumers have specified rights under the FCRA to obtain Personal Information that we maintain in their file. Consumers also have specific rights under the FCRA to dispute the accuracy and completeness of Personal Information in their file. For additional information see www.ireviewnow.com or www.securtest.com. ENFORCEMENT: We take steps internally to verify that our privacy promises have been implemented as presented and take appropriate steps to remedy any deficiencies that we may identify. The Federal Trade Commission is the federal agency primarily responsible for enforcing the FCRA, including with respect to consumer reporting agencies such as SecurTest. Additional information is available at http://www.ftc.gov/privacy/privacyinitiatives/credit.html. We participate in the U.S.-EU and U.S.-Swiss Safe Harbor Frameworks as set forth by the Department of Commerce for SecurTest. As part of our participation in the Safe Harbor program, we have agreed to Better Business Bureau Atlanta Online Dispute System (http://atlanta.bbb.org/european-dispute-resolution/consumer/) for disputes relating to our compliance with the Safe Harbor Frameworks. Additional information about obtaining an FCRA file disclosure and the procedures for disputing the accuracy or completeness of information in your file is available at www.ireviewnow.com, www.securtest.com, or by contacting us at 1-800-445-8001or by e-mail at compliance@SecurTest.com.
1 "Personal Information" for purposes of this policy means any information relating to an identified or identifiable natural person ("data subject"); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity that are within the scope of the EU Privacy Directive, received by SecurTest from the EU, and recorded in any form.
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