Orange Tree Employment Screening Consumer Information Privacy Policy

 

Orange Tree Employment Screening (Orange Tree) is a Consumer Reporting Agency that prepares Consumer Reports for our clients as allowed by the federal Fair Credit Reporting Act (FCRA) and other applicable state, federal and international laws.

 

Orange Tree complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries.  Orange Tree has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability.  If there is any conflict between the policies 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 page, please visit https://www.privacyshield.gov/

We use cookies to collect anonymous traffic data on the Orange Tree Online client site (www.orangetreeclient.com) and the Orange Tree external site (www.orangetreescreening.com). The Orange Tree Online site (www.orangetreeclient.com) is accessible only to Orange Tree clients and is used by Orange Tree clients to submit requests to Orange Tree and to transmit information from Orange Tree to authorized client users. All such submittals and transmissions are between Orange Tree and Orange Tree clients.

In order to process Consumer Reports on behalf of our clients, Orange Tree collects information about consumers as needed to complete those services.  Information collected will vary based on, and will be limited by the types of consumer reports requested by our clients.  The types of information typically collected include consumer name, address and address history, other names used by the consumer, education, employment and professional license history, phone numbers and email addresses.  Information collected is used only for the purpose of creating consumer reports, and only upon request from our clients.

Notice/Purpose

Requests for Consumer Reports are initiated by Orange Tree clients that have agreed to request Consumer Reports only in those cases where there is a permissible purpose to do so, where the client has made disclosure to the consumer that they intend to procure a Consumer Report, and where they have received the consumer’s authorization to do so, as allowed by law. Consumer information is collected from Orange Tree clients and from consumers directly. Consumer Reports are prepared using information provided from many sources, including but not limited to Orange Tree clients, consumers, law enforcement agencies, local, state and federal agencies and record repositories, schools and universities (public or private), employers, public record researchers, credit bureaus and other Consumer Reporting agencies. The Consumer Reports that are created for Orange Tree clients are shared only with the client that requested the Consumer Report and their agent(s), and with the consumer upon the request of the consumer.

Choice

If you are a U.S. resident and you do not wish to have your personal data made available to our client (for example, your current or prospective employer), do not authorize our client to procure a Consumer Report. By consenting to the procurement of a Consumer Report and submitting information to our client, you are agreeing to allow Orange Tree to disclose information about you to our client and to our sharing that information with our subcontractors.

If you are a European Union resident or reside in other countries where Orange Tree is doing business, you may choose not to submit personal information to Orange Tree through the site or through forms provided by our client for that purpose. You have been provided a consent form either by us or our client. By filling out and submitting the consent form you expressly agree to provide personally identifying information and you consent to our use of that information in accordance with this policy. 

To withdraw your consent, contact , Heidi Seaton, Vice President of Compliance at hseaton@otes.com or by phone toll free 800-886-4777, extension 7121.

Accountability for Onward Transfer

In connection with preparing Consumer Reports for our clients, we may in some instances employ other companies and individuals as our subcontractors to complete parts of the background screening process on our behalf. Subcontractors are contractually obligated to use and maintain the confidentiality of personal information in a manner consistent with this policy. These companies and individuals may not share any such information with any third party, other than their subcontractors, Orange Tree's subcontractors or Orange Tree. Except as described in this policy or required by law, we will not use or otherwise disclose any of the personally identifying information that you provide or that we collect from third parties or other sources.  Note however, that Orange Tree may be required to disclose information that we collect in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

Security / Data Integrity / Access

Consumer information is stored in a secure manner within a secure facility. Use of consumer information is restricted to users approved by Orange Tree clients and Orange Tree agents with a legitimate business need to conduct background checks requested by Orange Tree clients. Users that are allowed to view consumer information access it in a secure manner using strong encryption and strong password protection. Orange Tree systems are located at an undisclosed location within a state-of-the-art data center with 24X7X365 security. Physical access to systems is protected by two factor biometric access control. Data is stored in a secure manner in accordance with security best practices and have been audited by third parties. Orange Tree maintains a written internal Information Security Policy to which all Orange Tree employees must adhere. In addition, all Orange Tree agents who have access to information collected on the Orange Tree Online site have signed privacy agreements. Orange Tree agents are stationed in the US and abroad, however consumer information is maintained in United States.

 

Information is retained as required by FCRA for a minimum of six (6) years. Consumers may opt out of Orange Tree receiving information about them by not consenting to the Consumer Report (background screening report) with their perspective or current employer. Once a consumer has consented to such a report, Orange Tree must retain the information on file for the six (6) year period.

A consumer may exercise their right to access and correct information in their file or dispute information in their file, as allowed by Privacy Shield principles and the FCRA. The Consumer Financial Protection Bureau’s Summary of Rights document provides a list of consumer rights, and the Fair and Accurate Credit Transaction Act (FACT Act) also includes additional rights. See the Consumer Financial Protection Bureau’s Summary of Rights document. To request to access or correct the information in your consumer file or to make a request for a free annual file disclosure (as allowed by 16 CFR Part 610) contact Orange Tree toll free at 877-458-7137. If you are a consumer and you believe your personal information has been compromised, please contact Heidi Seaton, Vice President of Compliance at hseaton@otes.com or by phone toll free 800-886-4777, extension 7121 for assistance or information.

 

Independent Recourse Mechanism/Enforcement/Liability

In compliance with the EU-US Privacy Shield Principles, Orange Tree commits to resolve complaints about your privacy and our collection or use of your personal information.  European Union individuals with inquiries or complaints regarding this privacy policy should first contact Orange Tree at:

By phone: 800-886-4777, ext. 7121

By email: hseaton@otes.com

By mail:

Orange Tree Employment Screening

Attn: Heidi Seaton          

7275 Ohms Lane

Minneapolis, MN 55439

 

Orange Tree has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

 

The Federal Trade Commission (FTC) has enforcement authority over Orange Tree’s compliance with the Privacy Shield.  Under certain circumstances, an individual may invoke “last resort” binding arbitration to determine whether a Privacy Shield organization has violated its obligations under the Privacy Shield Framework.  A Privacy Shield organization may remain liable for information it transfers to 3rd parties.

Links to Consumer Financial Protection Bureau Notices

 

Fair Credit Reporting Act (FCRA) Rights and Responsibilities

A Summary of Your Rights Under the Fair Credit Reporting Act (FCRA)

Obligations of Furnishers Under the FCRA

Obligations of Users Under the FCRA

NY Correction Law Article