When you visit or use the Services, we automatically gather certain technical and usage information, which may be associated with your user account. This technical and usage information (“Technical Information”) includes usage information, such as information on when, how often and for how long you use the Services; and server log data such as a computer’s IP address, browser type, device type, operating system and version, or the webpage you were visiting before you came to the Services.

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. Like many online services, we may use both session cookies and persistent cookies when you access and use the Services. Cookies are used to remember your user account information and your preferences, to customize the Services for you and to assist us in measuring and analyzing utilization of the Services.

Third-party web analytics services providers we engage, such as Google Analytics, may use cookies in order to provide analytics services for the Services to us. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Services. Persistent cookies can be removed. Please review your web browser’s documentation to learn the best way to modify your cookie settings and see Section 7 below.

2. How does Hero Backgrounds use the collected information?

Hero Backgrounds uses the information it maintains about you (including information you provide, Customer Information, Background Check Information, and Technical Information):

Hero Backgrounds uses Background Check Information as reasonably necessary to:

• verify applicant identity;
• conduct background checks;
• conduct quality assurance checks;
• investigate disputes; or
• provide certain communications, including adverse action notice

We may use Customer Information to:

• contact you regarding your use of the Services;
• process billing and payment;
• send you product announcements and special promotions from Hero Backgrounds or our business partners, or to administer participation in special events, surveys, contests and sweepstakes; or
• send you communications regarding updates or modifications to the Services.

We may use Customer Information and Technical Information to:

• personalize the content that you and others see based on personal characteristics or preferences;
• troubleshoot problems;
• provide you with required notices, in connection with disputes between you and another user; or
• alert you to changes in our policies or agreements that may affect your use of the Services.

Hero Backgrounds may also use Technical Information to analyze your use of the Services to help us improve the Services and develop and improve other products and services

3. When does Hero Backgrounds share information about you?

We may share the information we collect from and maintain about you as follows:

• Employers or Other Customers Requesting Background Reports. We provide background reports, which may include Background Check Information, about Applicants to the requesting employer or Customer. We may also provide an employer or Customer other communications related to background reports such as notification of a dispute.
• Furnishers and Researchers. We provide Background Check Information to entities that research and furnish data contained in background reports.
• Service Providers. We may provide access to your information to select third parties who perform services on our behalf. These third parties provide a variety of services to us, including without limitation conducting components of background checks, billing, fulfillment, data storage, analysis and processing, identity verification, fraud, accounting, auditing, and legal services.
• Affiliates. We may share information with our affiliates for use as described in this Policy.
• Legal Requirements. We will use and disclose information where we, in good faith, believe that the law or legal process (such as a court order, search warrant or subpoena) requires us to do so or in other circumstances where we believe is necessary to protect the rights or property of Hero Backgrounds, our users, or third parties.
• De-identified information. We may share de-identified information with third parties, including without limitation: (1) sharing aggregated, de-identified information about our user base and its interests and usage patterns and (2) providing de-identified information to third-party partners for our business arrangements, including without limitation to jointly offer a product or service to you or create interoperability between our products and services and theirs.
• Consent. We may disclose your information to nonaffiliated third parties based on your consent to do so.
• Business Transfer. In the event of a merger, sale of capital stock or assets, reorganization, consolidation or similar transaction involving Third Eye Checks, or in contemplation of such a transaction (e.g., due diligence), the information we possess may be transferred as a corporate asset to the acquiring entity.
• Analytics. We use Google Analytics for purposes of analyzing usage of the Services. You can find more information about Google privacy practices here. here.

Note that Hero Backgrounds will not provide your personally identifiable information to third parties for their own marketing purposes without your consent.

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

Applicants should promptly update their contact information if it changes or is inaccurate. Applicants may review, access, and change certain account information such as email address, phone number and mailing address via the applicant portal on the Services. Requests to change certain other information, such as Social Security Information, may require verification before the change is accepted. Applicants can request deletion of certain information in Third Eye Checks’ control by contacting Hero Backgrounds as set forth at the end of this Policy. Applicants can dispute background check reports by printing this form and mailing the completed form along with required documentation to the address on the form.

Once a Customer, such as an employer, has received a background check report, Hero Backgrounds does not control the Customer’s retention of such information.

Our policy is to retain personally identifiable information only as long as reasonably necessary to provide the Services or as otherwise required for legal compliance purposes. For example, we may retain information, including from closed accounts, in order to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations of any user, enforce our Terms of Use, and/or for any other purposes otherwise permitted by law that we deem necessary in our sole discretion.

5. Will you receive notices and disclosures electronically?

Yes. The Services are offered through Hero Backgrounds’ website and mobile site. To obtain Services from us, 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 websites 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.

Your Consent to Electronic Disclosures

By creating an account and/or authorizing a background check, you acknowledge and agree:

• you can access and read information we post on our website;
• to provide an email address that is active and effective for receiving emails from us;
• to receive electronically on our website or via email the notices and disclosures, required by law related to your account and the Services; and

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”).

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 your account portal, or (3) by requesting you download a PDF file containing the 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: Hero Backgrounds, 7270 NW 12th Street STE 700, Miami, FL 33126. 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.

How to Update Your Records

It is your responsibility to provide us with true, accurate and complete email address, contact, and other information related to your account, and to maintain and update promptly any changes in this information. You can update information (such as your email address) through your account portal or by email us at info@herobackgrounds.com. 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.

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. Does this Policy apply to third parties?

No. The 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.

7. What are your choices regarding online tracking, analytics and certain email communications from Hero Backgrounds?

• Online Tracking and Cookies. Like many websites, the Services do not currently respond to “do not track” browser headers. But you can take steps to limit tracking by erasing cookies from your computer’s hard drive and by setting your browser to block all cookies or warn you before a cookie is stored. If you disable cookies, you may be prevented from taking full advantage of the Services because they may not function properly without cookies.
• Analytics. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here. here.
• Promotional Emails. As discussed in this Policy, 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 replying with the words “Opt Out” or “Remove.” 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.

8. How does Hero Backgrounds protect your information?

Hero Backgrounds maintains safeguards to help protect the security of information we maintain about you. We may use encryption, passwords, and physical security measures to help protect your information against unauthorized access and disclosure. However, no security measures are 100% effective and we cannot guarantee your information will not be collected, disclosed and/or used by others. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, keeping your log-in and password private, and not recycling passwords from other websites or accounts. Hero Backgrounds is not responsible for the unauthorized use of your information nor for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized password activity. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING, OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR INFORMATION OR TECHNICAL INFORMATION.

9. Where is your information processed or stored?

Hero Backgrounds uses servers located in the United States. Hero Backgrounds may also use partners or affiliates located in other countries besides the US to store and process your information. By using the Services, you consent to the transfer of information outside of your country, even if your country has more rigorous data protection standards.

10. Who can use the Services?

You must be 18 years of age or older to use the Services. If you are a parent or guardian and believe that your child under the age of 13 has provided personally identifiable information to us through the Services, please contact us at the contact information listed below. If we discover that an individual under 13 has provided us with personal information, we will take steps to delete the account and any such personally identifiable information to the extent required by applicable law.

11. How can I contact you with more questions?

If you have any questions, concerns or complaints about this Policy or Third Eye Checks handling of your personal information, or if you would like to access or update personal information that is not available via the applicant portal, please contact us at info@herobackgrounds.com or at:

Hero Backgrounds
Attn: Privacy Questions
7270 NW 12th Street STE 700,
Miami,
FL 33126

California Information-Sharing Disclosure

We do not share your personal information with third parties for direct marketing purposes without your permission. Also, we do not share anyone’s Personally Identifiable Information (PII) with any company outside the United States. All domestic background checks are conducted by our company, with offices in Florida and Texas, and supported by US-based suppliers only.

Additional Information for Canadian Users

This Policy applies to customers, users and applicants in both Canada and the United States. However, to the extent that this Policy is inconsistent with any applicable Canadian laws, Hero Backgrounds will comply with the applicable law for customers, users and applicants in Canada.

For example, Hero Backgrounds 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.

Applicants who are located in Canada should also understand that the nature of the Services will involve Hero Backgrounds obtaining potentially sensitive personal information about them, including consumer reports, criminal record, driving record, 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).

Hero Backgrounds will also share Applicants’ 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, as indicated under Question #9 above, 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, users and applicants will be notified of any material changes to this Policy, where such change would result in use or disclosure of their personal information by Hero Backgrounds in a manner not contemplated by this Policy or reasonably expected by the individual.

Additional Information for European Users

European Union data protection laws make a distinction between organizations that process personal data for their own purposes (known as “data controllers”) and organizations that process personal data on behalf of other organizations (known as “data processors”)

Under applicable law, Hero Backgrounds is considered the “data controller” of the personal data we handle under this Privacy Policy. We retain the personal data for as long as necessary to provide the Services, or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements.

Our legal grounds for using personal data are as follows:

• Contractual Commitments: We may use, share, or disclose information to honor our contractual commitments to you.
• With Your Consent: Where required by law, and in some other cases, we use, share, or disclose information on the basis of your consent.
• Legitimate Interests: In many cases, we use, share, or disclose information on the ground that it furthers our legitimate business interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals, such as customer service, analyzing and improving our business, providing security for our Services, preventing fraud, and managing legal issues.
• Legal Compliance: We need to use, share, and disclose information in certain ways to comply with our legal obligations.

Your Legal Rights Under Local Law:

Your local laws (e.g., laws of the E.U.) may permit you to request that we:

• provide access to and/or a copy of certain information we hold about you;
• prevent the processing of your information for direct-marketing purposes; (including any direct marketing processing based on profiling)
• update information which is out of date or incorrect;
• delete certain information that we are holding about you;
• restrict the way that we process and disclose certain of your information;
• transfer your information to a third party provider of services; and
• revoke your consent for the processing of your information.

Please note, however, that certain information may be exempt from such requests in some circumstances, which may include needing to continue processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.

To exercise any of these rights, you may review the information provided in Sections 4, 5, and 7, or contact us as described in the “How can I contact you with more questions?”section above. In addition to those rights, you have the right to lodge a complaint with the relevant supervisory authority. However, we encourage you to contact us first, and we will do our very best to resolve your concern.

As described above, Hero Backgrounds uses servers located in the United States. Hero Backgrounds may also use partners or affiliates located in other countries besides the US to store and process your information. By providing us with your information, you acknowledge any such transfer, storage or use. If we provide any information about you to any such non-EU third party information processors, we will take appropriate measures to ensure such companies protect your information adequately in accordance with this Privacy Policy and applicable law.