Checkwell Decision Limited (“Checkwell”), is registered (Registration Number: Z9745943) as a Data Controller for the purposes of the Data Protection Act 1998 (“the Act”). Checkwell is committed to excellence and protection of the privacy of individuals.
BackCheck collects and uses certain types of information, including personal and sensitive personal data, about people with whom it deals in the course of performing its business. These include current, past and prospective employees, suppliers, clients, and individuals whom we are asked to background screen.
BackCheck assumes entire responsibility for information that is provided by our clients to us. BackCheck has assigned a data protection officer who is responsible for ensuring the organisation’s compliance with these principles. BackCheck asks all of our clients to sign our Privacy and Terms of Service Agreement which identifies the importance of strict privacy and accountability standards.
BackCheck continuously updates and trains staff with regards to the importance of protecting personal information. Each BackCheck representative has been thoroughly screened and has signed a confidentiality agreement. BackCheck has signed contractual agreements with third party organisations that may process information during the course of a background check. BackCheck monitors all third parties’ compliance with the Act.
BackCheck has developed consent forms that clearly identify the purpose for which personal information is being gathered. The purpose of gathering personal information is to complete components of a background check during the hiring process. When conducting a background check only personal information that is required to complete the service(s) is collected prior to conducting any searches. Clear written disclosure of the reason for that request in writing is mandatory.
BackCheck collects information from individuals for the purposes that are clearly laid out on consent forms, which are provided to our clients. BackCheck does not complete any services without the written consent of a candidate having been viewed by our office. Background information subsequently collected is only disclosed to parties as specified on the consent form, and where required by law.
The collection of personal information shall be limited to that which is necessary for the purposes identified by the organisation. Information is collected by fair and lawful means.
Personal information is collected on clearly laid out consent forms, or is verbally communicated to the extent that is required to complete components of a background check. BackCheck recommends that a client collects information in a fair and lawful manner that is consistent with its hiring environment and process, and the laws and regulations of the territory in which it is based.
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Limiting Use and Disclosure
BackCheck does not use personal information for reasons other than those specified on the consent forms that individuals sign during the employment process.
BackCheck does not sell or otherwise release personal information to third parties for marketing purposes.
BackCheck may need to share your personal information with third party suppliers that process data on our behalf in order to provide our services.
BackCheck reserves the right to disclose your personal information as required by law or when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, request from a regulator or any other legal process served on us. In the event that BackCheck is subject to a takeover or acquisition we may disclose your personal information to the new owner of the business.
BackCheck only provides background information about individuals for approved clients who have been deemed corporations in good standing. BackCheck does not release personal information to individuals other than those who are clearly designated by our clients
BackCheck uses data on its current, past and prospective employees for a variety of personnel, administration, work and general business management purposes. For example, BackCheck uses employee data to administer payroll, administrate employee benefits, to facilitate the management of work and employees, to operate performance and salary reviews, to operate policies contained within the Employee Handbook, to operate BackCheck’s IT and communications, and to comply with record keeping and other legal obligations. Some information that BackCheck holds may relate to employees’ health such as records of sickness, absence and medical certificates. The purpose of keeping this information is to manage staff administration including statutory sick pay, to monitor and manage sickness absence and to comply with obligations under the Health and Safety legislation and the Disability Discrimination Act 1995. BackCheck may become aware of this data in a number of ways – directly from employees, from management and others. BackCheck may receive and/or retain it in various forms (whether in writing, electronically, verbally or otherwise).
Prior to providing a work/professional reference request for a current or past employee, BackCheck will require evidence of consent before releasing a reference.
Upon request, an individual shall be informed of the existence, use and disclosure of his or her personal information and shall be given access to that information, except where it is not permitted by law.
Please note that should BackCheck receive a request relating to a background check conducted on behalf of a client, BackCheck will notify the client and seek direction on how they wish to handle the request.
Where an individual has given an employment reference, this information will only be released to the subject of that reference where we believe that this information would not cause a significant risk of harm to the referee or to other members of the public. When considering the release of an employment reference BackCheck will take into account the wishes of the referee.
International Data Transfers
BackCheck operates worldwide; this may therefore mean that we could transfer your data to other countries including countries outside of the European Economic Area (EEA). These countries may not have laws regulating the use and transfer of personal data; however, in all circumstances, BackCheck will take steps to ensure that your personal information receives at least the same level of protection as within the EEA. This includes ensuring that it is kept secure, only used and released in accordance with our instructions and for the purposes we have indicated to you at the time of collection of the data, or where required by law.
BackCheck will from time to time enter into agreements with organizations whereby the performance of certain tasks is restricted to a specific location. In such circumstance these tasks will only be performed at the agreed location.
BackCheck does not retain personal information for any longer than is required after the recruitment (or any other relevant) decision has been made. In general, this is no longer than 7 years. This is to allow for the resolution of any disputes or complaints. Personal information will only be retained for longer than this period in exceptional circumstances which justify retention for a longer period. The same conditions relating to secure storage and access will apply during any such period.
Once the retention period has elapsed, BackCheck will ensure that personal information is immediately destroyed in a secure manner. BackCheck will not retain an electronic or hard copy of personal information. BackCheck will ensure that any personal information which is awaiting destruction will not be kept in any insecure receptacle. Information that is non-identifiable to specific individuals may be retained and used for statistical purposes.
Information that is submitted by applicants and/or our clients to BackCheck is transferred into our secure database. When completing background check components, BackCheck upholds a high standard of accuracy and verification of accuracy of work completed. An individual shall be able to challenge the accuracy and completeness of the information and have it amended where appropriate.
Safeguards and Data Security
BackCheck has advanced security in place to safeguard personal information about our clients and their employees or employment applicants.
BackCheck has located its data servers within a managed infrastructure and in so doing benefits from a world class data security solution based on ISO 17799 and ISO 27001/2. Any personal information in hard copy form is kept securely, in lockable, non-portable storage containers that are accessible only to named individuals.
Our secure online delivery system is password protected and ensures that unauthorized individuals are not given access to personal information.
BackCheck has a strict policy for release of information to individuals upon inquiry, including identity verification.
All BackCheck employees have been thoroughly screened and, within our office, access to information is restricted to that which is required for designated purposes. The third parties who may provide information to complete components of a background check have been thoroughly screened. These organisations have privacy policies in place to ensure compliance with these principles.
Criminal Disclosure Information
BackCheck complies fully with, and will take all reasonable steps to ensure that our clients comply fully with, the Police Act 1997 (“the 1997 Act”), including the Codes of Practices published under section 122 of the 1997 Act, the Rehabilitation of Offenders Act 1974 and associated orders. These outline the correct gathering, handling, use, storage, retention and disposal of Disclosure information.
BackCheck has written policies on these matters, which are available to anyone who wishes to see them on request. We will ensure that our clients have written policies to this effect and, if necessary, will provide model policies for our clients to use or adapt for this purpose.
BackCheck has a strict protocol in place for the identification of individuals who are requesting access to information maintained on file. To make a ‘Subject Access Request’ please contact: firstname.lastname@example.org.
BackCheck provides access for individuals to challenge and, if duly warranted, amend information as appropriate. Should a challenge be enacted, any corrections or amendments that are made will be forwarded on to the end-user who originally requested the background check. Should a challenge remain unresolved, the existence of an unresolved challenge will be documented and forwarded on to the end-user.