Last Updated: 1 June 2022
Introduction
As a data processor of individual’s personal information, First Advantage and/or its affiliates (all hereinafter “First Advantage”) fully respects personal information, which is protected under the Personal Data Protection Act B.E. 2562 (2019) (the “PDPA”). We are committed to handling any personal data with transparency and in compliance with the PDPA.
This Policy has been prepared to explain our principles regarding personal data protection in compliance with the PDPA including the ways in which First Advantage collects, uses, and discloses individual’s personal information. However, full details of information required by the PDPA to be informed to such individual as a data subject (e.g. purposes of the collection of personal data, disclosure/transfer of personal data or retention period in more specific details), shall be fully presented to him/her, separately from this Policy, by First Advantage and/or his/her employer/prospective employer prior to or at the time of collection of the personal data.
What is Personal Data/Information
“Personal information/data” means any information relating to a natural person, which enables the identification of such natural person, whether directly or indirectly. However, personal information shall not include information of a deceased person.
First Advantage Privacy Vision
First Advantage is committed to the responsible use of information and protecting individual privacy rights. First Advantage strives to provide services to businesses, consumers, non-profit organizations and government agencies that help reduce fraud, mitigate risk, facilitate more informed decisions, and make society safer, in ways that protect consumer privacy. We aspire to protect consumer privacy through the design of our products, by credentialing, monitoring, and auditing our customers as appropriate, and through other information security safeguards. We also strive to promote transparency through consumer education initiatives, privacy principles and policies, and appropriate opportunities for consumer choice, access, and correction with respect to personal information about the consumer.
Data Privacy Principles
The First Advantage Data Privacy Principles speak to personal information including sensitive personal information, collected, maintained, used or disseminated in connection with services offered by First Advantage.
Security
Data security is a company imperative. First Advantage strives to protect personal information that we maintain or disseminate, including using appropriate administrative, physical, and technical safeguards, so it is not obtained by unauthorized individuals or used impermissibly.
Distribution of Personal Information
First Advantage seeks to limit the distribution of personal information consistent with the nature and sensitivity of the information. In its services, First Advantage also strives to make available personal information from sources other than public records or publicly available information only to its authorized users or customers. In the case of public record information available to the general public (such as bankruptcy, liens, judgments, criminal records and Uniform Commercial Code filings) and publicly available information (such as telephone directory information or personal information available through widely available media), we may make this information available to the general public unless applicable law operates to limit our distribution of such information to authorized users.
If, upon investigation, First Advantage finds that personal information has been used or accessed inappropriately or unlawfully, First Advantage strives to take reasonable steps to stop the misuse or access, educate the user concerning the appropriate use of the information, and prevent similar future misuses. Such steps may include measures up to and including discontinuation of the user’s access to First Advantage information products and services, pursuit of other legal remedies, and the referral of misuse to the appropriate authorities.
Accuracy
First Advantage strives to accurately report information in its products. First Advantage also strives to accurately report information that it receives from its data sources. First Advantage recognizes, however, that reporting errors may occur and offers consumers opportunities, where applicable, to dispute and correct information that we report as discussed further in Principle 9 on Access and Correction.
Protection of Social Security Numbers, Driver’s License Numbers and Identification Numbers
First Advantage strives to provide additional safeguards for Social Security numbers, driver’s license numbers and identification numbers. First Advantage strives to limit the availability and access to full Social Security Numbers, Driver’s License Numbers and Identification Numbers. First Advantage strives to protect the confidentiality of these personal information by limiting access thereto to certain legitimate and authorized users, such as: government entities; financial institutions; insurers; employers; creditors; debt collectors and other user types to which First Advantage may decide to provide such access. A limited number of public records may contain these information that are already available to the public and, if such public records are accessed through First Advantage services, our services may provide access to such information. First Advantage prohibits the unlawful disclosure of the aforesaid information s well as any personal information.
Education
First Advantage strives to inform its employees, users and the general public about appropriate use of First Advantage products and services. First Advantage strives to inform its users and employees about:
Privacy and security issues associated with First Advantage information products and services; and
- The responsible use of personal information.
First Advantage strives to inform the public about:
- The responsible use of personal information; and
- Measures First Advantage has undertaken to enhance consumer privacy; and choices available to consumers regarding information access and the ability to opt-out of certain products and services which utilize personal information.
Reputable Sources
First Advantage strives to acquire personal information from established, reputable sources in the government and private sectors. In support of this Principle, First Advantage takes reasonable steps to assess the reputation and reliability of its private sector data sources before incorporating personal information from the source into its products and services. First Advantage also strives to obtain assurances from its data suppliers that they have the legal right to license or sell the data to First Advantage.
Notice
First Advantage strives to make its Data Privacy Principles publicly known. First Advantage publicly posts these Data Privacy Principles.
Security;
Distribution of Personally Identifiable Information;
Accuracy;
Protection of Social Security Numbers and Driver’s License Numbers;
Education;
Reputable Sources;
Notice;
Choice;
Access and Correction;
Accountability;
Online Privacy;
Identity Theft; and
Compliance
Choice
First Advantage will allow customers to opt-out of the dissemination of personal information from certain First Advantage owned databases used solely for marketing our services to which customers have previously opted in.
Access and Correction
First Advantage will provide consumers with a central point of contact regarding their questions about First Advantage and its commitment to the responsible use of personal information. First Advantage strives to ensure that requests of an individual, who is a data subject, to exercise their right of access and correction will be fulfilled.
Accountability
First Advantage supports accountability of information industry standards and practices, responsible and effective federal regulation of the data industry, and legislation governing the practices of all data providers. First Advantage also supports industry oversight and active engagement with the privacy community. First Advantage believes that strong privacy and information security protections are vital for an effective and trusted data industry.
Online Privacy
First Advantage strives to protect the privacy of personal information obtained over the Internet and strives to apply our Data Privacy Principles and evolving standards to the online environment.
Identity Theft
First Advantage strives to prevent the acquisition of information from its products and services for improper purposes, such as identity theft. First Advantage believes that it is important that individuals who may have had their personal information acquired by an unauthorized individual be notified, with proposed remedial measures, when such act is likely to result in a high risk to the rights and freedoms of such persons or other individuals.
Compliance
First Advantage will obtain assessments from a qualified, objective, independent third party, who uses procedures and standards generally accepted in the profession to assess First Advantage’ administrative, technical, and physical safeguards, as appropriate.
How We Use and Collect Information in Our Various Businesses
First Advantage collects personal data that is relevant for the purpose(s) for which it is to be used.
In order to process and verify information for a Client’s request, the Client and First Advantage may collect an individual’s personal information directly from the individual. Such information may be collected through live or recorded voice calls. We may also collect information about an individual from our Client or a third party a candidate refers us to. In these circumstances, we will assume that the individual has referred First Advantage to them and informed them of the purposes involved in the collection, use and disclosure of the relevant personal or other information.
We process personal information in ways that are compatible with the purpose(s) for which it has been collected (as identified in this Policy, or as separately identified and informed to and subsequently authorized by the individual). We are also able to rely on grounds described under the PDPA to process personal information without individual’s authorization. Said grounds include but are not limited to:
Where it is necessary for us to enter into an agreement with an individual;
Where we have to comply with statutory obligations;
Where it is necessary for legitimate interests of us, our Client or any third party to collect, use or disclose individual’s personal information. However, where we rely on merely the basis of legitimate interests to collect, use or disclose personal information, we will take into account interests or fundamental rights of individual who is a data subject;
Where it is necessary for us to collect, use or disclose personal information for vital interests to prevent or suppress any danger to a person’s life, body or health; and
Where it is necessary for public interest or for the exercise of official authority.
For ‘sensitive personal information’, namely criminal history information; racial or ethnic origin; religious or philosophical beliefs; political opinions; heath data; biometric data, such as individual’s finger scans and facial data; labour union membership; and sexual orientation information, they will be processed in accordance with an individual’s explicit consent unless we are able to rely on the grounds described under the PDPA to collect, use or disclose sensitive personal information without obtaining individual’s consent. Should this be the case, we will do so in a limited manner and only to the extent allowed by applicable laws.
To the extent necessary for those purposes, First Advantage takes reasonable steps to ensure that personal information collected is accurate, complete, current, and reliable for its intended use. First Advantage retains personal information only for as long as it serves a purpose of processing.
When engaged by a Client, First Advantage verifies an individual’s information, documentation and any responses by carrying out verification checks for the purposes of preparing an employment, investigative, or due diligence report. This is done at the Client’s request to enable them to assess an individual’s suitability for employment, promotion, provision of services, or other purposes in accordance with their legal obligations and internal risk management policy (including but not limited to insurance and claims review).
In certain circumstances, First Advantage may be engaged by a Client to prepare an employment or investigative report because they are required by law to determine a candidate’s suitability for a position of employment.
First Advantage may use the personal information, documentation and any responses an individual or third party reference has provided to us to apply to various other entities (“Sources”) for verification of an individual’s personal and other information, to collect additional personal information, and to conduct public record searches. Examples of Sources include, but are not limited to, government agencies, law enforcement bodies, publicly available records, public registries, court or tribunal records, educational institutions, current and/or previous employers, and regulatory and licensing bodies.
First Advantage will then use the personal information to prepare a report outlining the findings of its investigations and provide the report to the Client via a secure means. The Client may then use that information to consider an individual’s suitability for employment, change in the level of responsibility, or other circumstances where an individual’s background is relevant, or to determine if further verification or investigation is necessary.
We do not use personal information which we receive from the candidate for any marketing and advertising purpose. Any data used for statistical purposes will be anonymized.
What are Individual’s Rights under the PDPA: As a data subject, individuals have the rights over their personal information that First Advantage holds about them under the PDPA. However, they may not be entitled to exercise all the rights since their rights are subject to the nature or the purpose of the collection, use or disclosure of your personal information carried out by First Advantage as will be further explained below.
Right to Withdrawal of Consent: Individuals have the right to withdraw their consent to collect, use and/or disclose their personal information so long as there are no restrictions in so doing by law or the contract which gives benefit to them. However, the withdrawal of consent shall not affect the collection, use, or disclosure of personal information for which they have already given consent legally.
Right to Access: Individuals have the right to request information about how their personal information is collected, used or disclosed, including the right to access to their own personal information and to obtain a copy of such personal information, as well as to request for disclosure of their personal information that they believe First Advantage obtained without their consent.
Right to Rectification: Individuals have the right to require First Advantage to correct or complete their personal information that they believe it is inaccurate or incomplete.
Right to Erasure: Individuals have the right to request First Advantage to have their personal information erased and to have confirmation of such erasure, or to make their personal information anonymous under certain conditions and on certain grounds in accordance with the PDPA, as follows:
Where their personal information is no longer necessary in relation to the purpose for which it was collected, used or disclosed;
Where their consent for collection, use or disclosure of such personal information is withdrawn, and where First Advantage has no legal grounds for such collection, use or disclosure;
Where they have objected to the collection, use or disclosure of their personal information, and First Advantage has no legal ground to reject such request; or
Where there is no legal basis for the collection, use or disclosure thereof.
Right to Restriction: Individuals have the right to request First Advantage to restrict the use of their personal information in the following circumstances:
Where there is a pending examination process to their request for rectification as stated above;
Where they have a right to erasure on the grounds that the collection, use or disclosure of their personal information carried out by First Advantage is unlawful but they do not want such personal information to be erased;
Where their personal information is no longer needed for the purpose of collection, use or disclosure but they still require it for the establishment, exercise or defence of legal claims; or
Where they have objected to the collection, use or disclosure of their personal information, and the verification of such objection is pending.
Right to Data Portability: Individuals have the right to request that First Advantage sends or transfers their personal information which First Advantage collected and arranged to be in a format readable or commonly used by ways of automatic tools or equipment, and which can be used or disclosed by automated means to another organization or directly to them in accordance with the conditions and grounds specified under the PDPA. Their right in this regard will only apply to the personal information which they have consented to be collected, used or disclosed, or which the First Advantage collects, uses or discloses by relying on the necessity for performance of a contract.
Right to Object: Individuals have the right to object to the collection, use or disclosure of their personal information in accordance with the conditions and grounds specified under the PDPA, for example, where the First Advantage relies on the legitimate interest ground to collect, use or disclose their personal information without their consent, unless First Advantage can demonstrate compelling legitimate grounds for the collection, use or disclosure which override their interests; or where it was done for the establishment, exercise or defence of legal claims.
Right to Lodge a Complaint: Individuals have the right to lodge a complaint to relevant committee(s) under the PDPA if Advantage or its employees fail to comply with the PDPA or the announcements issued under the PDPA.
To obtain additional information about the privacy practices or exercise your rights as a data subject, please contact:
First Advantage Corporation
Bret Jardine, Esq.
General Counsel
United States
Telephone: +1.678.710.7260
Email: privacy.sapac@fadv.com
All other requests, including customer and job applicant help, support or additional information please visit our contact page or call:
U.S. client support: 800.888.5773
APAC client support: +65 6534 3262
Canadian client support: 1.800.833.7511
EMEA client support: +44 (0) 8448 24 34 44