EU-US Privacy Shield Privacy Policy

Info Cubic is a premier provider of international screening services. We work closely with trusted, experienced worldwide court researchers, government contacts and private agencies, which allows us to provide the most coverage throughout the globe in the most cost-effective and timely manner possible.

EU-US PRIVACY SHIELD PRIVACY POLICY

Info Cubic self-certifies compliance with the EU-US Privacy Shield as set forth by the U.S. Department of Commerce regarding the collection, use and transfer of personal data from the European Union member states to the United States. More information about this program may be found here: https://www.privacyshield.gov/welcome and a list of active and inactive organizations, including Info Cubic’s certification, may be found here: https://www.privacyshield.gov/list.

As a background screening provider, we recognize the importance of protecting the privacy and confidentiality of personal information that we may obtain about individuals through this website. This Privacy Policy sets forth the principles established by the EU-US Privacy Shield Info Cubic follows with respect to personal information from the European Union member states to the United States whether that information is received electronically, in writing or verbally.

Notice

Info Cubic is committed to applying the EU-US Privacy Shield Principles to all covered personal data collected, processed and used from individual consumers and companies. The personal information we collect from individual consumers is used for the sole purpose of preparing background reports (also known as consumer reports, investigative consumer report, background check and others) and related communications. The information collected is not sold to unauthorized parties such as debt collectors.

Personal information collected from individual consumers may include such details as academic and employment information, criminal record history, motor vehicle records, credit history and other credentials related to an individual. Prior employers or references may be contacted to confirm information supplied by either our client or an individual, and the report may include information obtained through personal interviews regarding the applicant’s character, general reputation, personal characteristics and/or mode of living. All data collection, storage and utilization procedures practiced by Info Cubic are in compliance with all applicable laws, which include the Fair Credit Reporting Act (FCRA), individual state or province laws, European Union Data Protection Directive and any other international laws as applicable. Our clients certify to us that they will obtain consent from individuals before procuring a background report.

The information we collect and use from companies pertains to a request for services information and/or registration with our site. If you complete Info Cubic’s online signup form, we will collect personal information necessary to proceed including your name, phone number, email and information related to your company profile such as company name and address, and billing preference. This information will be used to contact you to discuss services and arrange an account if requested.

Cookies: A cookie is a data file stored on the user’s computer tied to information about the user. Cookies allow website operators to better customize visits to the site to your individual preferences. The use of cookies is standard on the Internet and many major websites use them. Info Cubic may use cookies to help provide you with a better experience on our site; however, we do not store personal identifying information in cookies. If users reject the cookie, they may still use our site. The only drawback to this is that the user may be limited in some areas of our site.

Though we make every effort to preserve and protect privacy of personal information, we may need to disclose such personal information when required by law wherein we have a good faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process, or to meet national security requirements.

Choice (Opt-Out)

Info Cubic will not use personal information collected for any other purpose than that identified in the previous Notice section of this Privacy Policy. If information were to be used for any other purpose, the affected individual would receive the opportunity to opt-out of such use. Opting out of such use does not guarantee the information will be deleted however as we have retain data used in the preparation of background reports for a specific period of time. Info Cubic does not use personal information collected related to the preparation of background reports for any direct marketing purposes. Further, individuals may withdraw consent. To do so, please refer to the contact information included at the conclusion of this Privacy Policy.

Info Cubic maintains servers and other storage facilities in the United States. As a consequence of using the site and providing personal information to us, your personal information may be used or stored in the United States. By using this site you hereby affirmatively consent to the processing of your personal information in a country which may not have the same level of privacy protection as your country of residence. Should you withdraw this consent, you agree that you will not use or visit the website subsequent to your withdrawal of such consent.

Accountability for Onward Transfer (Transfers to Third Parties)

In the course of business, we may transfer personal information to government agencies and/or Info Cubic partners, and we may employ other individuals or third parties as subcontractors (i.e., agents) to act on our behalf in order to complete the background check request. Any subcontracted individuals (i.e., agents) are contractually obligated to uphold the confidentiality and privacy of information collected in accordance with this Privacy Policy and the EU-US Privacy Shield Principles. Subcontractors are prohibited from sharing any information collected with other third parties. Information provided to such third parties is limited to the most minimal amount possible. Info Cubic remains liable in accordance with applicable laws if found to have willfully violated an individual’s rights in the case of onward transfers to third parties.

Security

Info Cubic understands the importance of data security and has implemented measures – technical, contractual, administrative and physical – to protect and safeguard information against loss, misuse and unauthorized access, use, disclosure, destruction or alteration. Info Cubic uses secure socket layer (SSL) encryption to protect information online. Please be advised however that Info Cubic cannot guarantee the security of information collected as no data transmission over a wireless network and/or via the internet can be guaranteed 100% secure.

Data Integrity/Purpose Limitation

As outlined previously in this Privacy Policy, information is collected for the purpose of completing a background check or contacting a company in response to a request for services. Info Cubic takes all reasonable measures available to ensure the information collected is reliable for its intended use, and is accurate, complete and current.

If you become aware that personal information is no longer accurate or complete, please contact Info Cubic using the contact information designated below. Info Cubic retains personal information as long as necessary to fulfill the stated purpose; however, there may be legal, contractual or auditing requirements that mandate longer retention of particular personal information.

Access

Individuals have the right to access personal information held about them by Info Cubic. Individuals also have the right to correct, amend or delete information where it is inaccurate. You may contact Info Cubic as set out at the end of this Privacy Policy or by completing this online form to determine if we hold any of your information and for a copy of that information. For the sake of protecting identities, we will require verification of certain personal identifiers before releasing information. In the event an individual wishes to dispute the accuracy of any information on a background report, the individual is encouraged to contact Info Cubic via phone or email, or complete this online form (Note: completion of this form this is not required to initiate a reinvestigation request) and we will conduct a prompt reinvestigation. Info Cubic takes all reasonable steps possible to ensure accurate data is reported. However, we cannot guarantee that third parties are accurate in transmission of their data and therefore we are not responsible for that information.

Note, Info Cubic will only be able to provide access to information held if we have previously conducted a background check on an individual or if an individual has submitted a request for services. We only provide background reports at the request of our clients who must first obtain an individual’s authorization. If no background check has ever been conducted on the individual making the request or submitted a request for services, Info Cubic will not have any information to provide.

Further, Info Cubic may not be able to provide access or correction rights to an individual where the granting of such rights will impose a burden onto Info Cubic to the extent that it outweighs the privacy rights of the individual or the access request places another individual’s privacy rights at risk. Regardless of whether we hold data on an individual in our system or not, or are able or unable to provide access or correction rights, Info Cubic will respond to all requests.

Recourse, Enforcement and Liability

Info Cubic periodically conducts in-house audits and verification to ensure compliance with this Privacy Policy and the EU-US Privacy Shield Principles, in addition to internal processes related to security, confidentiality and privacy. Individuals and clients are encouraged to contact us at any time using the contact information established below to address any complaints or concerns related to practices governed by this Privacy Policy and the EU-US Privacy Shield. Info Cubic has selected JAMS (Mediation, Arbitration and ADR services) as its independent dispute resolution provider which may be contacted to file a complaint if you feel your concerns have not been properly addressed: https://www.jamsadr.com/eu-us-privacy-shield. Info Cubic is also subject to the investigatory and enforcement powers of the Federal Trade Commission and the Consumer Financial Protection Bureau.

Arbitration

Scope and Available Remedies

Individuals may also invoke binding arbitration under certain conditions if your complaint is not fully resolved. The arbitration option is only available to an individual to determine whether Info Cubic has violated its obligations under the Privacy Shield Principles and whether such violation remains fully or partially un-remedied. Under this arbitration option, the Privacy Shield Panel (consisting of one or three arbitrators as agreed by the parties) has the authority to impose individual-specific, non-monetary equitable relief (i.e., access, correction, deletion or return of the individual’s personal information) necessary to remedy the violation of the Privacy Shield Principles only with respect to the individual. Each party bears its own attorneys’ fees.

Pre-Arbitration Requirements

In order to initiate an arbitration claim, and individual must: (1) raise a complaint directly with Info Cubic and afford Info Cubic an opportunity to resolve the issue within 45 days, (2) contact JAMS (which is at no cost to the individual), and (3) raise the issue through their Data Protection Authority to the Department of Commerce and afford the Department of Commerce an opportunity to use best efforts to resolve the issue at no cost to the individual.

This arbitration option also may not be invoked if the individual’s same claimed violation of the Privacy Shield Principles (1) has previously been subject to binding arbitration; (2) was the subject of a final judgment entered in a court action to which the individual was a party; or (3) was previously settled by the parties. In addition, this option may not be invoked if an EU Data Protection Authority (1) as authority under the Privacy Shield Principles; or (2) has the authority to resolve the claimed violation directly with the organization.

Binding Nature of Decisions

An individual’s decision to invoke this binding arbitration option is entirely voluntary. Arbitral decisions will be binding on all parties to the arbitration. Once invoked, the individual forgoes the option to seek relief for the same claimed violation in another forum, except that if non-monetary equitable relief does not fully remedy the claimed violation, the individual’s invocation of arbitration will not preclude a claim for damages that is otherwise available in the courts.

Review and Enforcement

Individuals and Info Cubic will be able to seek judicial review and enforcement of the arbitral decisions pursuant to U.S. law under the Federal Arbitration Act. Any such cases must be brought in the federal district court whose territorial coverage includes the primary place of business of Info Cubic which is Colorado.

This arbitration option is intended to resolve individual disputes, and arbitral decisions are not intended to function as persuasive or binding precedent in matters involving other parties, including in future arbitrations or in EU or US courts, or FTC proceedings.

You may initiate binding arbitration, subject to the requirements above, by delivering “Notice” to the organization which must contain: steps taken the resolve the claim, the nature and description of the alleged violation, and, if an individual desires, any supporting documents and material relating to the alleged violation or complaint. For more information on the binding arbitration and how to invoke arbitration under the EU-US Privacy Shield Framework, please visit: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

Contact Information

If users have any questions or suggestions regarding our privacy policy, or any complaints related to personal data collection, processing or use under the EU-US Privacy Shield, please contact us at:

E-mail: compliance@infocubic.com
Toll-free: (877) 360-4636
Phone: (303) 220-0170
Fax: (303) 220-0171
Address: 9250 E Costilla Ave Suite 525 Greenwood Village, CO 80112

This Privacy Policy may be updated and/or amended from time to time, consistent with the requirements of the EU-US Privacy Shield Principles.
Last Updated: 11/7/2016

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