American DataBank is committed to the privacy of our users and their personally identifiable information (“PII”). We make every effort to safeguard the information we collect for employment screening and other background check purposes.
If your PII is sent or obtained from outside the United States, please see the section below on International Collection and Cross-Border Transfer of PII.
Collection and Use of Information
American DataBank only collects PII that is knowingly provided by you and is required in connection with a service you have selected (e.g., background screening). Examples of PII collected with your consent may include, without limitation, name, mailing address, e-mail address, telephone number, date of birth, credit card number, social security number and driver’s license number. You can also visit our websites without providing any information about yourself.
Information collected is never sold or shared with a party that has not been authorized by you through a completed written authorization form. American DataBank does not share, sell or trade PII with third parties for their promotional or marketing purposes. Information is only disseminated to other parties outside of the United States when it is for the purposes of completing international verifications and additional precautions are taken to ensure that information is protected. American DataBank 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.
In accordance with the Fair Credit Reporting Act (“FCRA”), American DataBank may collect, store, process and retain your background screening information, including personally identifiable information, for a minimum of five (5) years unless you request a shorter period (but not less than two years) by sending a written notice to ADB directing that your information and records should be deleted from the System. Screening Information used for employment purposes will be destroyed after five (5) years. Other information may be retained for longer or shorter than five years depending on (1) the consumers wishes, (2) frequency of use, (3) contractual obligations, (4) legal requirements and (5) third party audit requirements.
You have the right to request American DataBank to correct or remove information previously provided to American DataBank. Subject to legal requirements, American DataBank will take all reasonable steps to honor such requests.
Log Files; Non-PII Information
Like most standard Web site servers, we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. IP addresses are tied to personally identifiable information to enable our Web-based service.
About Our Services
American DataBank distributes public-record and non-public information obtained directly from government entities or from reputable third parties who have compiled such information from governmental entities. Regarding public record information provided by American DataBank, we are not in a position to correct alleged inaccuracies in the data unless a formal dispute process is commenced by contacting us at 1-800-200-0853 or emailing us at: disputes@AmericanDataBank.com.
Every Local, State, and Federal government agency compiles records that are available under various open record laws. With a few common exceptions to protect personal privacy, any citizen can access any of these records if they know where to look. American DataBank simply compiles many of these records into searchable databases to provide information needed to verify a person’s identity and credentials or a business’s capabilities. All of the information we provide is in full accordance with State and Federal privacy laws and our own privacy protection policies.
Data Security and Integrity
American DataBank takes all reasonable measures and procedures to protect the information from loss, misuse and unauthorized access, disclosure, alteration and destruction. American DataBank has put in place appropriate physical, electronic and managerial processes to assure the protection of data. All data submitted to American DataBank is protected by the latest in Secure Socket Layer (SSL) technology encrypting the information transmitted over the internet. All access to information both by American DataBank personnel and end user is password protected. The servers that are used to store information are housed in state of the art facilities with the highest level of security.
Fair Credit Reporting Act
Several of the products offered by American DataBank are “consumer reports” as that term is defined in the Fair Credit Reporting Act (“FCRA”). American DataBank is a Consumer Reporting Agency under the FCRA and is subject to the requirements of that statute. American DataBank strictly follows the requirements of the FCRA regarding: privacy, access, accuracy, fairness and accountability. If you would like to obtain a report regarding the information American DataBank maintains about you, please call 303-573-1130 or email our Quality Assurance team at: QA-All@AmericanDataBank.com
For credit reports from the credit bureaus, please visit: https://www.annualcreditreport.com/cra/index.jsp.
Changes to Our Policy
Notice under California Law: Investigative Consumer Reports
Under California law, an Investigative Consumer Report is a consumer report containing information on a consumer’s character, general reputation, personal characteristics or mode of living. American DataBank may provide Investigative Consumer Report to businesses for employment and other similar purposes.
International Collection & Cross-Border Transfer of PII
In order to perform a background check or other service that you authorized, your information may be processed and stored in other countries where American DataBank’s service providers are located. American DataBank may transfer your personally identifiable information to other countries outside of your home country, including to the United States (“U.S).
American DataBank utilizes a variety of methods to transfer personal information across country borders. This can include consent, contractual methods, and/or regulatory authority certifications. American DataBank maintains appropriate contracts in place with service providers who may view your personal information. In the case of EU and Swiss Personal Data, American DataBank abides by the EU-U.S. and the Swiss-U.S. Privacy Shield Frameworks (“Privacy Shield”) developed by the U.S. Department of Commerce.
American DataBank’s EU & Switzerland Privacy Statements
American DataBank’s compliance with these Frameworks applies to personal information pertaining to an identified or identifiable individual that is received by American DataBank from the European Union or Switzerland. This Policy does not apply to data collected and used by American DataBank which is not EU or Swiss related.
The EU-U.S. and Swiss-U.S. Privacy Shield Policy applies to personal information American DataBank receives from the European Union and/or Switzerland.
American DataBank processes EU and Swiss Personal Data at the request of clients and other third-parties, and with the written consent of the data subject, for investigative, verification, employment and education related purposes. This includes but is not limited to, identifying information about the data subject, employment and educational history, credit and insolvency reports, driving records, court records, criminal history checks, and other checks contracted by American DataBank’s client or by the data subject themselves. American DataBank uses this information to fulfill background screening requests by customers, which may be employers, other background screening companies, educational institutions, and the data subject. American DataBank’s client is required to have obtained written consent from the data subject for this collection. American DataBank maintains written service agreements with its clients.
The scope of this Notice covers consumer report data that American DataBank has obtained on behalf of employers and other businesses by manually or electronically contacting the appropriate sources of the data (court records, references, licensing bureaus, etc.). American DataBank also performs services related to health record management and compliance as requested by American DataBank clients.
Information about how American DataBank collects and uses EU and Swiss Personal Data also follows below.
American DataBank gathers consumer and other data which it provides to 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. American DataBank also gathers consumer, health record and other data which it provides to entities schools and hospitals. Note that American DataBank does not engage in any of the decision-making activities for any data subjects. Below is an illustrative list of common ways in which employers and others use the data provided by this service:
- Performance of applicant and employee background checks
- Verification of the credentials of job applicants and current employees
- Investigation of employee compliance with Federal, State, or local laws.
- Management of compliance with hospital health record requirements.
American DataBank customers who are processing EU and Swiss Personal Data are contractually required to provide a legally compliant Notice to their data subjects, prior to submitting screening requests to American DataBank.
More information regarding the nature and scope of American DataBank’s data processing is available by contacting American DataBank at the address or phone number listed on the Contact Us page of our website.
- Choice; Opt-Out
The information collected is only utilized for the purposes of completing the background check or other purpose you have authorized. If you do not wish to have your information made available to your current employer, perspective employer, school administrator, our agents or anyone else then please do not authorize them to receive a report from American DataBank. You may ask American DataBank to stop the processing of data collection previously consented to and we will make every effort to do so as quickly as possible.
Users who wish to opt-out of any use of information collected by American DataBank can notify us through the contact information on our site that the permission for the use of the data is withdrawn. We will honor all such requests subject to legal requirements that we maintain the data for the applicable statute of limitations required under the Fair Credit Reporting Act.
- Accountability for Onward Transfer
In addition, American DataBank may disclose EU or Swiss Personal Data to clients, or their agents who enter into a written agreement with American DataBank, in which the client agrees to comply with the FCRA, if applicable. These American DataBank customers are contractually required to provide a legally compliant Notice to their data subjects prior to submitting screening requests to American DataBank.
American DataBank takes reasonable procedures to protect EU and Swiss Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction.
- Data Integrity and Purpose Limitation
The information obtained by American DataBank is only used for the original purpose to which the data subject has consented or the legal grounds for processing allow this access, unless a new consent is obtained or another legal ground for processing has been met. American DataBank processes EU and Swiss Personal Data in ways that are compatible with the purposes for which it has been collected (as identified in the Notice section above) or subsequently authorized by the individual. To the extent necessary for those purposes, American DataBank takes reasonable steps to ensure that EU and Swiss Personal Data collected are comprehensive, complete, current, and reliable for their intended use.
If your information has been or is being processed by American DataBank under the Privacy Shield, you have the right to access all personal data collected and maintained about you by contacting our Quality Assurance team directly at: QA-All@AmericanDataBank.com
American DataBank will give you a reasonable opportunity to correct, amend, or delete information that is not comprehensive or complete, except where the burden or expense of providing access would be disproportionate to the risks to your privacy, or where the rights of other persons would be violated. In cases where the information is subject to the Fair Credit Reporting Act (“FCRA”), American DataBank complies with the FCRA’s requirements regarding access and correction rights of affected persons.
American DataBank will take reasonable steps to confirm the identity of the person requesting their personal data. This is done to ensure the information is provided only to the subject of the data. If we are unable to provide you with access to your EU or Swiss Personal Data or to correct the data, we will notify you. To request information relating to your personal data, or to request processing be halted, a data subject may contact American DataBank’s Quality Assurance team at: QA-All@AmericanDataBank.com.
- Recourse, Enforcement, and Liability
American DataBank is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
American DataBank has further committed to refer unresolved privacy complaints under the EU-U.S. and Swiss-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 http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. American DataBank will cooperate with the EU Data Protection Authorities and the Swiss Federal Data Protection and Information Commissioner and will comply with the advice of such authorities with respect to Human Resources data transferred from the European Economic Area and Switzerland in context of the employment relationship.
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.