Privacy Policy

CHECKR, INC PRIVACY POLICY

Effective Date: May 26, 2022

Spanish Privacy Policy: https://checkr.com/spanish-privacy-policy

This Privacy Policy (“Policy”) describes how Checkr, Inc., including its affiliates, (“Checkr” or “we” or “our”) collects, uses, discloses, and processes personal information in connection with Checkr’s website https://checkr.com (“Website” or “Site”), products and services (the “Services“). Please note that by using Checkr’s Site and Services, you are agreeing that you have read and agree to this Policy. 

We believe privacy policies should be transparent, accessible and help you find the information you need. The information we collect and how we use it will depend on how you interact with us.  See the definitions below to determine which type of user you are:

  • Consumers: Consumers are individuals Checkr has received information about for the purpose of using the Site or Checkr performing Services. This information may come directly from Consumers or indirectly through Customers or affiliates. 
  • Customers: Customers are organizations or individuals that use the Services.  
  • Site Visitors: Any individuals, Consumers or Customers accessing our Website are Site Visitors.

With the type of user in mind, you can navigate our Privacy Policy through the Table of Contents below.

Table of Contents

1. What information does Checkr collect through the Services?
2. How does Checkr collect your information?
3. How does Checkr use the collected information?
4. When does Checkr share collected information?
5. Will you receive notices and disclosures electronically?
6. How can you access, change, or delete information about you?
7. Does this Policy apply to third parties or third party links?
8. What choices do you have about email and text communications from Checkr?
9. How does Checkr protect your information?
10. International Considerations
11. Changes to the Privacy Policy
12. How can you contact Checkr with more questions?

1. What information does Checkr collect through the Services?

Checkr collects certain information that relates directly to the Consumer. Checkr may also collect limited information related to Customers and Site Visitors. In the past 12 months, Checkr has collected the following categories of personal information:

  • Identifiers, such as name, date of birth, online identifiers, phone number, email address, postal address, bank account numbers and other payment information, and government issued identification numbers such as Social Security number, passport number, and drivers license or permit numbers;
  • Characteristics of protected classifications;
  • Commercial Information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; 
  • Internet or other electronic network activity information, such as, IP address, browser type, device type, operating system and version, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site;
  • Professional or employment related data, such as, previous employers, roles, employee record information, salary, and benefits;
  • Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act, and professional training information; 
  • Inferences drawn from personal information to create a profile about a consumer reflecting the consumer’s preference, characteristics, behavior, abilities, and aptitudes.
  • Additional information or supporting documentation you provide in connection with the Services that is not exempt from applicable privacy laws;
  • Information collected for activities involving the collection, maintenance, disclosure, sale, communication or use of such information regulated by the Fair Credit Reporting Act, including but not limited to information found in public records, including civil and criminal court records; health records; public media articles; or business filings.

2. How does Checkr collect your information?

In the past 12 months, Checkr collected information from the following categories of sources:

Information You Submit To Us
Checkr collects personal information submitted directly to Checkr via our site or by email, such as information needed to produce a background check report; and personal information including name, email address and general business information provided in contact requests, in browser chats, and/or with Checkr agents. Checkr may maintain records of communications submitted through the Site.

Third Party Information
Certain Services require the collection of information from third parties. Third party information may relate to Consumers or Customers and includes both public and private records as described below:

  • Public Records: Checkr may collect public records bearing on an individual or business entity, including civil and criminal court records and documentation, business filings, and public media articles. Public records may be obtained from sources such as government offices, records databases, court systems, and law enforcement organizations.
  • Private Records: Where appropriately authorized, Checkr may obtain private records, including educational, employment, financial, and health records. Private records may be obtained from sources such as schools and educational institutions, professional and licensing organizations, employers, drug testing and other healthcare service providers, and credit agencies.

Personal information may also be collected by Customers, third parties or affiliates and transferred to Checkr for the purpose of performing Services offered on third party marketplace platforms, such as producing a background check report.

Automatically Collected Information
When Consumers, Customers or Site Visitors visit the Site or use the Services, we automatically gather certain Internet or other electronic network activity information, including technical and usage information, which may be associated with your user account. Technical Information also includes “Cookies,” which are small text files containing a string of alphanumeric characters that are downloaded by your web browser when you visit a website. For more information about how Checkr uses cookies, please review our Cookie Policy.

3. How does Checkr use the collected information?

In the past 12 months, Checkr used all categories of data described in Section 1 to: 

  • To Perform Services and Provide the Site: Checkr uses collected information to perform Services for Consumers and Customers and provide the Site to all users. These services include producing background check reports, providing access to background check reports, providing certain analytics related to background check reports, providing certain product functionality relating to use of background check reports. 
  • To Communicate with You: Checkr uses collected information to communicate with you about the Services, such as by phone, mail, email, in-browser chat, or SMS regarding the status of certain requested Services, to provide updates on changes or modifications to the Services, and to facilitate the delivery of information authorized or required through the Services. Where appropriate, Checkr may send you product announcements and special promotions from Checkr or our business partners, or to administer participation in special events, surveys, contests and sweepstakes.
  • Day to Day Business Operations: Checkr uses collected information for its day to day business operations, such as to administer your account, to process billing and payment information, manage preferences and troubleshoot problems, and personalize the content that account Consumers and Customers’ users see based on personal characteristics or preferences.
  • To Meet Legal and Compliance Requirements:  Checkr may use the collected information to: i) comply with any applicable procedures, laws, and regulations, subpoenas, governmental requests or legal process; ii)  in connection with a legal investigation, if in our good faith opinion such is required or permitted by law; iii) protect the rights, property or safety of Checkr, our Consumers, our Customers, or third parties; (iv) prevent fraud or abuse of Checkr or our users; or (v) perform a task carried out in the public interest.
  • To Provide Security: Checkr uses collected information to create Consumer and Customer account credentials, to verify identity prior to granting access to account information, to validate against existing information maintained by Checkr, to protect against duplicate or unauthorized account creation, to secure the Site and Services, and to address fraud, abuse or safety concerns of Checkr, our Customers or Consumers , including investigation of complaints or suspected fraud or wrongdoing.
  • To Improve our Systems: Checkr uses collected information to continuously improve system functionality through quality assurance checks and audits,  to troubleshoot problems, and to verify, improve, or maintain the quality or safety of our services.
  • Business Transaction or Reorganization: Checkr may be involved with a transaction such as a merger, acquisition, joint venture, financing, or sale of company assets. In connection with such a transaction, Checkr may disclose personal information to a third party. Personal information may be disclosed as part of an insolvency, bankruptcy, or receivership.
  • To Conduct Research and Marketing: Where permitted by law, we may disclose information to non-affiliated third parties for research and marketing purposes.
  • As otherwise permitted by law.

In using the above categories of data, Checkr strives to adhere to a philosophy of data minimization so as to use only the data necessary to complete any of the above activities.

Data Retention
Checkr will retain collected information in accordance with applicable laws and agreements between Checkr and its Customers and affiliates. See Privacy Choices for more information.

Anonymized Information
We may use and share anonymized information without limitation, including sharing with third parties. This includes anonymized, pseudonymized, aggregated, or de-identified information about Consumers, Customers, Site Visitors, and information collected from third parties, including public records.

4. When does Checkr share collected information?

Checkr shares personal data only with authorization from a Consumer, a Customer or other data controller, or when permitted by law. Checkr shares data with the following categories of third parties:

  • Checkr affiliates and partners;
  • Service Providers;
  • Government Entities;
  • ExCheckr Customers, when authorized by a Consumer;

In the past 12 months, Checkr has shared the categories of data described in Section 1 with the above third parties with consent, for a legitimate business purpose, or as required by law.

Sale of Information
The California Consumer Privacy Act (CCPA) sets forth certain obligations for businesses that “sell” personal information.  Checkr does not sell personal information subject to the CCPA. We do share information as described in this Policy. For more information refer to Privacy Choices.

5. Will you receive notices and disclosures electronically?

Yes. The Services are offered through Checkr’s website, mobile site, and application. To obtain Services from Checkr, you must create an online account and (1) be able to access Services on a computer or other device that is capable of accessing the Internet, (2) have an active email account, and (3) consent to our use of our website, application, or email to provide you any written information that we may be required to send you in connection with the Services, your account, and/or background checks and reports. However, you may still exercise your rights under the Fair Credit Reporting Act by contacting us through non-electronic means such as mail or a phone call. See How can you contact Checkr with more questions? below.

Method of Providing Communications to You in Electronic Form
All Communications that we provide to you in electronic form will be provided either (1) via email, telephone or text, (2) by making it available online and accessible via the Services, or (3) by requesting you download a PDF file containing the Communication.

Your Consent to Electronic Disclosures
By creating an account and/or authorizing a background check or other Services, you acknowledge and agree that:

  • You can access and read the information we post on our website or mobile app;
  • To provide an email address that is active and effective for receiving emails from us;
  • To receive electronically on our website, app, or via email notices and disclosures, required by law related to your account and the Services; and
  • You have received the following disclosures as required by the federal Electronic Signatures in Global and National Commerce Act (“ESIGN”).

Please read this Federal ESIGN disclosure and consent carefully and keep a copy for your records. Your consent is voluntary, but we cannot provide the Services to you if you do not consent. If you are unwilling to receive these disclosures and notices electronically, you may terminate the creation of your account by closing your browser at any time before you create an account and/or authorize a background check.

Accurate Contact Information
It is your responsibility to provide us with true, accurate, and complete contact information, such as email address, and other information related to your account, and to maintain and update promptly any changes in this information. If you give us an incorrect email address or fail to update or correct your email address, an electronic communication will be deemed provided to you if we use the email address in our records for the electronic communication.

Scope of Communications to Be Provided in Electronic Form
Your consent to receive electronic communications and transactions includes, but is not limited to, all legal and regulatory notices or disclosures and communications associated with your account, the Services, your request for a background check, and any product or service we agree to provide you (each, a “Communication”).

How to Withdraw Consent
You may at any time withdraw your consent to receive Communications in electronic form. To begin receiving Communications in paper form, please contact us at the following address: One Montgomery Street, Suite 2400, San Francisco, CA 94104. Please specify the information you wish to receive in paper form. Be sure to state that you are requesting a copy of the disclosures, notices, etc., and include your name and mailing address. Your request will apply only to those specific items you designate. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.

Required Equipment
In order to use the Services and to view and retain a copy of this Policy and certain Communications, you understand that you must have a computer or device equipped with at least: a browser with 128-bit encryption, a current version of a software that can open and display PDF files (e.g., Adobe), and either a printer or other electronic storage device.

Retaining Copies of the Communications
To retain a copy of any Communication we provide electronically, you can download an electronic copy to your computer or a storage device (such as a disk or USB storage device), request a copy by email, or print copies on a printer attached to your computer. You will not be charged for a downloaded or emailed copy.

6. How can you access, change, or delete information about you?

For Consumers
Consumers may access and control the contents and use of their information as described below:

  • Accessing your Information: Consumers may access and review their account by visiting Checkr’s Candidate Portal and using their personal information to login.
  • Disputing Incorrect Information: If at any time you believe Checkr possesses or has communicated incorrect information about you to Customers, you should contact Checkr. You can contact Checkr through our Candidate Portal or by reaching out to our Candidate Experience Team.
  • Exercising your rights under the California Consumer Privacy Act (CCPA):The California Consumer Privacy Act (CCPA) affords additional rights to California residents. See For California Residents for more information.

For Customers:
Customers may access and control the contents and use of their information as described below:

  • Account information: Requests to update Customer account information should be directed to your account representative or emailed to clients@checkr.com.

For information and protections relating to California residents, please see section below titled For California Residents.

For Site Visitors:
Site Visitors may control the collection and use of their information as described below:

  • Exercising your rights under the California Consumer Privacy Act (CCPA): The California Consumer Privacy Act (CCPA) affords additional rights to California residents. See For California Residents for more information.

For California Residents:
Under the California Consumer Privacy Act (CCPA), California residents have the right to make certain requests, including:

  • Access: California residents have the right to request that Checkr disclose what personal information it collected, used, and disclosed in the past 12 months.
  • Deletion: California residents have the right to request the deletion of certain personal information.
  • Right to Non-Discrimination: Checkr enforces a strict non-discrimination policy when you exercise your rights.

Checkr will help you exercise these rights free of charge, where applicable. If you make a request under CCPA, we will take steps to verify your identity. Please note that certain information may be exempt from such requests under CCPA or other state and federal laws. In certain circumstances, Checkr is exempt from CCPA in order to comply with the Fair Credit and Reporting Act (FCRA).

See Privacy Choices to exercise your rights under the California Consumer Privacy Act (CCPA). See How can you contact Checkr with more questions? for additional ways to exercise your rights.

7. Does this Policy apply to third parties or third-party links?

No. Site and Services may contain links to third-party websites, but this Policy does not apply to information that you may provide to or that may be collected by such third parties. We encourage you to review such third parties’ privacy policies and terms and conditions before engaging with such third parties.

8. What choices do you have about email and text communications from Checkr?

Promotional Emails: Subject to any restrictions under applicable laws, we may send periodic promotional or informational emails to you. You may opt-out of such communications by clicking the unsubscribe link in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any services you have requested or received from us.

Opting Out of Checkr Text Messages: The number of text messages you receive may depend upon factors, including how you use our Services and whether you take steps to generate additional text messages from us (such as by sending a HELP request). If you no longer want to receive Checkr text messages, you may reply STOP to our messages at any time. After doing so, we will send you confirmation of your opt-out via text message. If you have revoked consent and want to re-enroll in our text message program, you can re-enroll by emailing us at support@checkr.com.

9. How does Checkr protect your information

Checkr maintains industry standard physical, technological, and administrative safeguards to help protect the security and privacy of the information we maintain about you. We may use such safeguards as encryption, multi-factor authentication, and other proactive security measures to help protect your information against unauthorized access and disclosure. However, no security measures are 100% effective. You should take steps to protect against unauthorized access to your information, passwords, accounts, phones, computers, and other devices.

10. International Considerations

Data Storage

Checkr uses infrastructure primarily located and operated in the United States. Checkr may also use partners or affiliates located in countries outside the US to store, process, and transmit your information. If you are located in the European Union or another region with comparable data protection laws, your personal information may be transferred to a jurisdiction that does not have the level of legal protections. 

Data Transfer and Standard Contractual Clauses

Checkr relies on the European Commission-approved Standard Contractual Clauses (“SCCs”) for the transfer of data from the European Union to the United States. Checkr may also rely on the active consent of EU based data subjects. Data from EU based data subjects is processed with consent, to fulfill our legitimate interests to produce a data subject’s requested background check, and to fulfill our contractual obligations. We may retain data for compliance with our legal obligations under applicable law, including the Fair Credit and Reporting Act.

Additional Information for Canadian Users

This Policy applies to Customers, Candidates and Site Visitors in Canada. However, to the extent that this Policy is inconsistent with any applicable Canadian laws, Checkr will comply with the applicable law for Customers, Candidates and Site Visitors in Canada. For example, Checkr will only send commercial electronic messages to persons located in Canada with explicit, opt-in consent, unless otherwise permitted pursuant to Canadian legislation that is applicable to such activities.

Consumers who are located in Canada should also understand that the nature of the Services will involve Checkr obtaining potentially sensitive personal information about them, including consumer reports, criminal records, driving records, as well as education and employment records, from third parties such as consumer reporting agencies, police services, and government agencies (e.g., provincial transportation ministries).

Checkr will also share Consumers’ personal information with a third party service provider in Canada, for the purpose of completing or facilitating the background checks described in this Policy.

In addition, personal information that is collected in the course of providing the Services will be transferred outside Canada. Therefore, such information may be accessible to law enforcement and national security authorities in the jurisdiction(s) where it is stored or processed.

Canadian Customers and Consumers will be notified of any material changes to this Policy, where such a change would result in use or disclosure of their personal information by Checkr in a manner not contemplated by this Policy or reasonably expected by the individual.

Privacy Shield

We comply 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 Data transferred from the European Union (EU) and Switzerland to the United States. Checkr 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 EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as well as Checkr’s certification on the Privacy Shield List, please visit https://www.privacyshield.gov.

At Customers’ request, Checkr may collect from third-party sources Personal Data about EU and Swiss residents who are applicants for positions with Customers, who are otherwise seeking a business relationship with Customers or who are the Customers’ employees, to compile a background report on the EU or Swiss resident.  The information collected may include, at the Customer’s election and to the extent permitted by applicable law, an EU or Swiss resident’s criminal history, employment history, work eligibility, educational background, civil litigation history, residence history, and/or driving history.  Checkr receives this Personal Data for investigative, credential verification, and employment screening purposes. Customers (employers or their agents) may use this Personal Data for their own employment-related decisions, such as whether to hire, retain, promote, or re-assign an employee.  When Checkr collects and uses Personal Data of EU and Swiss residents, it does so only for the purpose of providing services in accordance with its Customer’s instructions.

Checkr may disclose the Personal Data of EU and Swiss residents to the Customer who requested the collection of that Personal Data for employment screening and/or business-related purposes.  Checkr may disclose Personal Data of EU and Swiss residents, subject to written agreement, to authorized third-party service providers who assist Checkr in providing services to Customers. These third-party service providers may, for example, perform reference and credential verifications or collect information from public or private records sources in connection with the preparation of a background report.  Upon notice, Checkr will act promptly to stop and remediate unauthorized processing of Personal Data by a recipient. 

Checkr is accountable for Personal Data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party as described in the Privacy Shield Principles.  In particular, Checkr remains liable under the Privacy Shield Principles if third-party service providers engaged by Checkr to process Personal Data on its behalf do so in a manner inconsistent with the Privacy Shield Principles, unless Checkr is not responsible for the event giving rise to the damages.

In certain situations, Checkr may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Checkr relies on Customers to provide EU and Swiss residents with respect to whom the Customer requests a background report with clear, conspicuous, and readily available mechanisms to opt out from: (a) the disclosure of their Personal Data to a non-agent third party; and (b) the use of their Personal Data for purpose(s) that are materially different from the purpose(s) for which the Personal Data was originally collected or subsequently authorized by the individual.  Checkr will follow Customers’ instructions regarding the choices made by individuals.

Checkr does not review data processing notices provided by Customers to EU and Swiss residents, or authorizations to the Customer from EU and Swiss residents who are the subject of a background check requested by a Customer to determine whether the notices or authorizations are in compliance with, or conflict with, applicable law or any policy or notice published by the Customer.  Customers are responsible for providing all legally required notices and for obtaining all legally required authorizations and for ensuring that the notices and authorizations are consistent with the Customers’ policies and comply with applicable laws.  

If, and to the extent, Checkr collects any sensitive Personal Data as expressly delineated by Privacy Shield Principles, Checkr obtains (directly or through Customers) affirmative express consent, i.e., opt-in consent, from the relevant EU or Swiss resident, subject to certain exceptions permitted by the Privacy Shield Principles, before such information is to be (i) disclosed to a third party, or (ii) used for a purpose other than those for which the sensitive Personal Data was originally collected or subsequently authorized by the EU or Swiss resident.

Pursuant to the Privacy Shield Frameworks, EU and Swiss individuals have the right to obtain our confirmation of whether Checkr maintains personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to support@checkr.com. If requested to remove data, we will respond within a reasonable timeframe.

Checkr is responsible for the processing of Personal Data we receive and subsequent transfers to a third party acting as an agent on our behalf, under the Privacy Shield Frameworks. Checkr complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Checkr is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

In compliance with the Privacy Shield Principles, Checkr 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 us at: support@checkr.com.

Checkr has further committed to refer unresolved Privacy Shield complaints to BBB EU PRIVACY SHIELD, 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 https://bbbprograms.org/privacy-shield-complaints/ for more information or to file a complaint. This service of BBB EU PRIVACY SHIELD are provided at no cost to you.  

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

11. Changes to the Privacy Policy

Checkr reserves the right to change this Policy at any time. Please check this page periodically for changes. Your continued use of our Site and Services following the posting of changes to this Policy will mean you agree with, and consent to be bound by, the new revised Privacy Policy.

12. How can you contact Checkr with more questions?

If you have any questions, concerns or complaints about our Policy or Checkr’s handling of your personal information, or if you would like to access or update personal information that is not available via the Candidate portal, please contact us at:

Checkr, Inc.
Attn: Privacy Questions
One Montgomery Street, Suite 2400
San Francisco, CA 94104
support@checkr.com
(844) 824-3257

To exercise any of these rights, you may review the information provided above, contact us as described in the “How can I contact you with more questions?,” or contact us at support@checkr.com. In addition to those rights, you have the right to contact your relevant supervisory authority. However, we encourage you to contact us first, and we will do our very best to resolve your concern.

PRIVACY CHOICES

Using the links below, you can view your background check, download a PDF of your report, or request a copy of your consumer file. For EU residents with any other GDPR requests or questions, please contact us at support@checkr.com.
Access My Data

You have the right to delete your data. After deleting your data, you will no longer have access to our Candidate Portal.