Introduction
First Advantage Corporation and its U.S. subsidiaries (“First Advantage”) complies with the Swiss-U.S. Data Privacy Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the Switzerland to the United States. First Advantage has certified to the Department of Commerce that it adheres to the Data Privacy Framework Principles. If there is any conflict between the terms in this privacy policy and the Data Privacy Framework Principles, the Data Privacy Framework Principles shall govern. To learn more about the Data Privacy Framework program, and to view our certification, please visit.
https://www.dataprivacyframework.gov/.
“Swiss Personal Data” is data pertaining to an identified or identifiable individual located in Switzerland that is received by First Advantage.
In compliance with the Swiss-U.S. Data Privacy Framework Principles, First Advantage commits to resolve complaints about our collection or use of your personal information. Individuals in Switzerland with inquiries or complaints regarding this policy should first contact First Advantage at GDPR@fadv.com or at one of the contacts provided below.
If such a complaint goes unresolved, First Advantage further commits to comply with the advice of the Swiss Federal Data Protection and Information Commissioner (“FDPIC”), established to investigate and resolve Data Privacy Framework complaints. Contact details for the FDPIC can be found at https://www.edoeb.admin.ch/edoeb/en/home/deredoeb/kontakt.html. Finally, First Advantage agrees to participate in binding arbitration for any complaints that meet the conditions set forth in Annex I of the Data Privacy Framework requirements. For more information about binding arbitration please visit: https://www.dataprivacyframework.gov/s/. All of the above described recourse mechanisms are available at no cost to you.
In cases where First Advantage transfers Swiss Personal Data received pursuant to the Swiss-U.S. Data Privacy Framework onward to third party agents, First Advantage is potentially liable under the Data Privacy Framework Principles if its agents process that Swiss Personal Data in a manner inconsistent with the Principles, unless First Advantage is not responsible for the event giving rise to the damage. In the event of a conflict between this policy and the Data Privacy Framework Principles, the Data Privacy Framework Principles shall govern.
First Advantage is subject to the investigatory and enforcement powers of the Federal Trade Commission. First Advantage may be required to disclose personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
Notice
Where permissible, First Advantage processes Swiss Personal Data at the direction of its clients (employers or their agents, such as recruiters or staffing firms) for use in making employment-related decisions, such as who to hire, retain, promote, or re-assign.
First Advantage uses a limited number of third-party service providers to assist us in providing our services to customers. These third-party providers perform reference and credential verifications and complete portions of services requested by our customers, such as by obtaining records from data sources. These third parties may access or process personal data in the course of providing their services. First Advantage maintains contracts with these third parties restricting their access, use and disclosure of personal data in compliance with our Data Privacy Framework obligations.
The scope of this notice also covers Swiss Personal Data that First Advantage has obtained on behalf of employers by manually or electronically contacting the appropriate sources of the data (court records, education and employment references, licensing bureaus, etc.). First Advantage also performs services related to investigative services as requested by our clients.
Choice
First Advantage or its clients will offer individuals the opportunity to choose (opt-out) whether their Swiss Personal Data will be disclosed to a third party (not including our agents) or will be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. With respect to sensitive information, however, an individual must “opt-in” to the disclosure of the information to a non-agent third party or to the use of this information for a purpose other than its original purpose or that purpose authorized subsequently by the individual. First Advantage or its customers will provide individuals with a readily available mechanism to exercise their choices should circumstances arise that require opt-out or opt-in. In addition, First Advantage will treat as sensitive any Swiss Personal Data received from a third party where the third party identifies and treats it as sensitive.
Onward Transfer (Transfers to Third Parties)
With respect to the transfer of Swiss Personal Data to third parties (other than our agents), the principles of “Notice” and “Choice” apply. Accordingly, Swiss Personal Data is only provided to these types of third parties for purposes described in the “Notice” section or otherwise disclosed to individuals, and will not be disseminated to such a third party where an individual has “opted-out” or, in the case of sensitive information, failed to “opt-in.”
Non-agent third parties to whom we transfer Swiss Personal Data will be obligated to provide the same level of protection as the Data Privacy Framework Principles.
First Advantage may disclose Swiss Personal Data to clients and third parties acting as agents. We will transfer such data only for limited and specified purposes and ascertain that agents are obligated to provide at least the same level of privacy protection as is required by the Data Privacy Framework Principles.
Security
First Advantage takes reasonable and appropriate measures to protect Swiss Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction.
Data Integrity and Purpose Limitation
First Advantage collects Swiss Personal Data that is relevant for the purpose(s) for which it is to be used, consistent with the Data Privacy Framework Principles. We process Swiss Personal Data in ways that are compatible with the purpose(s) for which it has been collected (as identified in the Notice section above, or as subsequently authorized by the individual). To the extent necessary for those purposes, First Advantage takes reasonable steps to ensure that Swiss Personal Data collected is accurate, complete, current, and reliable for its intended use. First Advantage retains Swiss Personal Data only for as long as it serves a purpose of processing.
Access
An individual may request, in writing, access to Swiss Personal Data collected and maintained about him or her, which First Advantage will make a good faith effort to provide pursuant to our client’s approval (as the client acts as the data controller). First Advantage affords the individual a reasonable opportunity to correct, amend, or delete information that is inaccurate or incomplete, except where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy, or where the rights of persons other than the individual would be violated.
First Advantage reserves the right to engage in reasonable efforts to confirm the identity of the individual requesting Swiss Personal Data to ensure the information is provided only to the subject of the data.
To request information relating to his or her Swiss Personal Data, an individual may contact First Advantage in writing or by e-mail at the following email address: GDPR@fadv.com; or by writing to the contacts listed below. In addition, the individual will be asked to provide sufficient evidence of his or her identity so we may ensure that information is being released to the correct individual. If we are unable to provide the individual with access to his or her Swiss Personal Data or to correct the data, we will notify the individual.
Recourse, Enforcement and Liability
First Advantage will verify that its attestations and assertions about its privacy practices with respect to Data Privacy Framework are true and that those privacy practices have been implemented as presented via in-house verification and internal policies and procedures implemented by First Advantage management. First Advantage will take reasonable and appropriate steps to remediate any issue that comes to its attention with respect to compliance with the Data Privacy Framework Principles.
As described above, First Advantage will cooperate with the FDPIC as an independent, readily available recourse mechanism by which individual complaints and disputes that cannot be resolved between the individual and First Advantage can be investigated and remedied at no cost to the individual and by reference to the Data Privacy Framework Principles.
First Advantage will respond promptly to inquiries and requests by the Department of Commerce for information related to the Data Privacy Framework, as well as to complaints regarding compliance with the Data Privacy Framework Principles referred by the FDPIC through the Department of Commerce.
First Advantage will arbitrate claims and follow the terms set forth in Annex I of the Data Privacy Framework requirements, provided that an individual has properly invoked binding arbitration and delivered notice to First Advantage in accordance with the appropriate procedures and conditions.
Amendments
From time to time, this policy may be amended to reflect new products and services, or as necessary to reflect a new business practice. Consistent with the Data Privacy Framework requirements, we will post any revised policy on this website.
Contact Information
If you have questions about this policy, or to request information relating to your Switzerland Personal Data, please contact:
First Advantage Corporation
Data Protection Officer
Email: GDPR@fadv.com