K2 Integrity, LLC (“K2 Integrity”) receives personal information pertaining to data subjects residing in the European Union (“EU”). Such personal information may be received from subjects through the subject’s voluntary submission in writing, electronic submission via our website, or from our clients in connection with requests for background due diligence we provide.K2 Integrity is a participant in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union. K2 Integrity has certified that it adheres to the seven Safe Harbor Principles and the 15 FAQs that make up the Safe Harbor Framework(s) published by the U.S. Department of Commerce with regard to the use of certain personal information.
K2 Integrity complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. K2 Integrity has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view K2 Integrity’s certification, please visit http://www.export.gov/safeharbor/.
In addition all personal information is collected, stored and used in compliance with the Fair Credit Reporting Act (“FCRA”) and other state and federal laws where applicable, which regulate some of the background work conducted by K2 Integrity.
K2 Integrity receives personal information about consumers from its clients in providing employment related and investment due diligence. K2 Integrity’s clients certify to K2 Integrity the following: to the extent required by applicable law, they have obtained the consumer’s consent to share this information with K2 Integrity; they are requesting due diligence for employment or other purposes permitted under the FCRA or other applicable law, and finally that they will use the results of K2 Integrity’s work only for legally permissible purposes, such as employment and investment due diligence decisions.
Through its due diligence process K2 Integrity may obtain and provides to its client, information as requested by K2 Integrity’s client. The information that is collected may include, but may not be limited to, history of arrests and/or convictions, credit history, employment history, educational history, places of residence, and driving records. Pursuant to the terms of its contract with its client, K2 Integrity uses this information to prepare a report that meets its clients’ needs. K2 Integrity will not use the information collected about a consumer for any other purpose without first giving the consumer an opportunity to opt out from such use. If the information is “sensitive” information as defined in the Safe Harbor Privacy Principles (i.e., personal information specifying medical or health conditions, racial or ethnic origin, political opinions or philosophical beliefs, trade union membership or information concerning the sex life of the individual), K2 Integrity will use the information for an incompatible purpose only if the consumer affirmatively authorized that use.
K2 Integrity collects information about consumers only if K2 Integrity’s client has, to the extent required by applicable law, certified to K2 Integrity that the consumer has affirmatively consented to such collection. Consumers who wish to revoke their consent to K2 Integrity’s collection of information about them can do so at any time by sending written notification to Jason N. Golub, Chief Compliance Officer, K2 Integrity at 845 Third Avenue, New York, NY 10022.
The revocation does not mean that information already collected will be erased or deleted. Various laws and compliance obligations require that K2 Integrity maintain the data on file for a period of time. However, the consumer’s data will not be further disclosed after K2 Integrity receives a revocation. After revocation of consent, K2 Integrity also will not use the information for any purpose other than maintaining for compliance purposes an internal record.
3. ONWARD TRANSFER (Transfers to Third Parties)
K2 Integrity generally will disclose the information obtained on a consumer only to:
(a) K2 Integrity’s client, as described in the “Notice” section of this Policy; and
(b) a third-party representative or subcontractor of K2 Integrity authorized to receive such information (e.g., service providers that help host or support K2 Integrity’s web site, or that otherwise provide technical assistance; court researchers; and other providers of professional services). K2 Integrity shares information with these third parties only for the purposes described in the “Notice” section of this Policy. K2 Integrity takes reasonable steps to safeguard personal information disclosed to its representatives and subcontractors. K2 Integrity will disclose only the minimum personal information necessary to deliver to K2 Integrity (for the benefit of K2 Integrity’s client) the requested product or service. Before making such disclosures, K2 Integrity ascertains that the third-party is subject to the European Union Data Protection Directive or requires by written agreement that the third party provide at least the same level of privacy protections as is required by the relevant Safe Harbor Privacy Principles. In addition, K2 Integrity will disclose consumer information to these third parties only if they will maintain commercially reasonable security measures to protect the confidentiality, integrity and security of that personal information. K2 Integrity also may in good faith disclose personal information and any other additional information available to K2 Integrity, for any of the following purposes:
(ii) to respond to subpoenas, court orders, or other legal process;
(iii) to establish or exercise K2 Integrity’s legal rights;
or (iv) otherwise to comply with applicable law.
K2 Integrity permits all consumers to inspect, and/or to receive a copy of, the information that K2 Integrity has collected about them in accordance with the FCRA or other applicable law. Consumers also may request that K2 Integrity correct, amend or delete inaccurate information about them. Consumers who wish to exercise these rights may contact K2 Integrity. For security purposes, K2 Integrity will require verification of the consumer’s identity.
K2 Integrity is committed to protecting the personal information that K2 Integrity receives about consumers. While we cannot guarantee the security of that information, we have implemented a comprehensive information security program that includes a combination of administrative, technical and physical safeguards designed to protect against loss, misuse, and unauthorized access, disclosure, alteration and destruction of consumer information.
6. DATA INTEGRITY
In accordance with applicable law, K2 Integrity takes reasonable steps to ensure that the information K2 Integrity collects is accurate, complete, current, and reliable for its intended use. K2 Integrity is not responsible for errors that exist within public court records or within records of other consumer reporting agencies, such as the national credit bureaus, and therefore cannot act as a guarantor of the information. Customers who wish to dispute the accuracy of information that K2 Integrity maintains about them can do so by contacting the Chief Compliance Officer, Jason N. Golub. For security purposes, K2 Integrity will require verification of the consumer’s identity.
K2 Integrity conducts in-house verification of its compliance with the Safe Harbor Privacy Principles. As part of our participation in Safe Harbor, we have designated the American Arbitration Association as our independent recourse mechanism for investigation of unresolved complaints relating to our compliance with the Safe Harbor Privacy Framework. For any complaints regarding our compliance with the Safe Harbor Framework, please contact K2 Integrity’s Chief Compliance Officer, Jason Golub at: email@example.com
If contacting K2 Integrity does not resolve the complaint, please contact the American Arbitration Association by one of the following means:
Mail: 1633 Broadway, 10th Floor
New York, New York 10019
Toll-free Phone: 1-800-778-7879
Complaints involving human resources data as defined by the Safe Harbor may alternatively be submitted to the European Union Data Protection Authorities.
845 Third Avenue
Attn: Chief Compliance Officer
Effective Date: January 20, 2012