EU-U.S. and Swiss- U.S. Privacy Shield Framework

Midwest Backgrounds DBA MBI Worldwide complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. MBI Worldwide has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

MBI Worldwide has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of the employment relationship.

      

Notice

  1. MBI Worldwide is a participant in the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework and self certifies according to the requirements of the program. You can find Privacy Shield Framework participants at https://www.privacyshield.gov/PS-Application.
  2. MBI Worldwide collects personal information on individuals whom have consented in writing, on behalf of it’s clients by manually or electronically contacting the appropriate sources of data. The purpose of data collection is to prepare and provide pre-employment background check reports to employers or their agents for use in making employment-related decisions, such as to hire, retain, promote or re-assign. Below is an illustrative list of common ways in which employers 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 into a suspicion of work-related misconduct or wrong doing
  • Investigation into matter of employee compliance with employer policies, and or with Federal, State, local laws and regulations.
  1. A consumer may find out more about the nature and scope of any inquiry that is made about them by contacting MBI Worldwide directly:

MBI Worldwide

Attention: Compliance Department

Telephone: (1)866-275-4624

Email: compliance@mbiworldwide.com

Choice

Consumers are given a choice to opt-out of having their personal information collected by way of a disclosure form provided to them by our client (their prospective or current employer) prior to a background investigation report being procured. The consumer can opt-out by not signing the disclosure, thereby stating they do not give their consent to have their personal information collected. By consenting to the procurement of a background investigation report, and submitting information to our client, the consumer is agreeing to allow MBI Worldwide to disclose information about them to our client and to our sharing that information with our sub-processors.

Choice is further afforded by the fact that MBI Worldwide only collects personal information from those employers, educational institutions, or other credential granting organizations that are identified by the consumer. The collected information is then only utilized for the purpose as described above in the section on “Notice.”

 Accountability and Onward Transfer

In connection with our providing services, MBI Worldwide utilizes third party agents, both domestically and internationally, to perform tasks on behalf of and under the instruction of MBI Worldwide. All such agents, representatives, vendors and or sub-processors are contractually obligated to use and maintain the confidentiality of personal information in a manner consistent with this Privacy Policy. These companies may not share any such information with any third party, other than MBI Worldwide’s sub-processors or clients. Except as described in this Privacy Policy, or required by law, we will not use or otherwise disclose any of the personally-identifying information that is provided or that we collect from third parties or other sources. In instances of onward transfer to third parties of data of EU and Swiss individuals received pursuant to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, MBI Worldwide is liable.

Use of Third Party Agents and/or Sub-Processors

Personal data, including EU and Swiss personal data, obtained on a consumer may be disclosed from MBI Worldwide’s clients to third parties (such as agents, representatives, vendors, and/or sub-processors) for the purpose of performing functions related to the limited and specified purpose for which the data was collected. MBI Worldwide’s agents, vendors, and/or sub-processors are contractually obligated 1) to use, protect, and maintain the same levels of confidentiality and protection of personal information consistent with MBI Worldwide’s standards.

Owens Online LLC is a sub-processor assigned by MBI Worldwide to process international employment and education verifications per the instruction of the Controller. Owens Online LLC is a data furnisher, as defined within the FCRA, of domestic and international information for processing background screenings for employment or other purposes permitted under the FCRA or other applicable law. Owens Online LLC can be contacted at its offices located at:3802 Ehrlich Road; Suite 307 Tampa Florida, United States of America. Owens Online LLC Privacy Policy can be accessed on its website: https://owens.com/privacy-policy

 

 Security

MBI Worldwide has taken and will continue to take appropriate measures to safeguard personal information that we have maintained, used or disseminated. Personal data on our servers is stored in a secure manner. Access to those servers and data is strictly limited to authorized personnel of MBI Worldwide, who have been trained to protect against loss, misuse, unauthorized access, disclosure, alteration or destruction of personal data under MBI Worldwide’s control.

 Data Integrity and Purpose Limitation

MBI Worldwide only collects data that is strictly for the purposes listed under the section on “Notice.” The data includes information that is necessary to identify the consumer for purposes of collecting employment related information.

 Access

All subjects of consumer reports have the right of access to any reports MBI Worldwide produces and maintains on them. If you wish to access, edit, delete or exercise any rights you may have under applicable data protection … please direct your query to the contact listed in this policy below. For your protection, we will require proof of identity, including proper verification and confirmation that you are the individual who is entitled to request access, before providing information to you. If, for good reason, we are unable to provide you with access to your data or to correct data, we will let you know. Otherwise, we will mail or email to you if you are a U.S. resident a copy of the report about you, as it has been provided to your current or prospective employer, at no charge (as mandated by the Fair Credit Reporting Act).

If you are an EU or Swiss resident or a resident of any other country where MBI Worldwide is doing business, you may contact us at any time to determine whether we hold personal data about you and for purposes of reviewing your personal information. If you wish to have that information corrected, amended or deleted where it is inaccurate or processed in violation of the Principles.

Recourse, Enforcement, and Liability

In compliance with the Privacy Shield Principles, MBI Worldwide commits to resolve complaints about our collection or use of your personal information.  EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact MBI Worldwide at:
MBI Worldwide

Bethany Thompson

Compliance Manager

866-275-4624

compliance@mbiworldwide.com

MBI Worldwide has further committed to refer unresolved EU-US Privacy Shield complaints to the EU Data Protection Authorities (EU DPAS) an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit http://www.uscib.org/privacy-shield/for more information or to file a complaint.  The services of EU Data Protection Authorities (EU DPAS) are provided at no cost to you.

 

MBI Worldwide has further committed to refer unresolved Swiss-US Privacy Shield complaints to JAMS at https://jamsadr.com/ for more information or to file a complaint. The services of JAMS are provided at no cost to you.

 

These recourse mechanisms are available at no cost to you. Damages may be awarded in accordance with applicable law.

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.

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

If you have any question or would like to enquire about our privacy practices and this Policy, the use of your Personal Information, object to or restrict our use of your Personal Information or request deletion or correction of such Personal Information, please contact us at:

MBI Worldwide
Attn: Compliance Department
Address: 101 North Park Avenue; Suite 200; Herrin IL 62948

Right to Change Policy

In general, changes will be made to this Policy to address new or modified laws, changes to EU-US Privacy Shield Framework or the Swiss-US Privacy Shield Framework, or new or modified business procedures. However, we reserve the right to amend this Policy at any time. Appropriate notice will be given concerning such amendments.