1. Who are the Applicants eligible to perform BCK?
All Applicants may be subject to background checks.
2. What information is included in the BCK?
In Brazil:
In the USA:
Other jurisdictions:
- Registration status (Government ID/SSN validation/Global ID check);
- Reference check and/or confirmation of employment history;
- Confirmation of employment history
- Education history;
- Criminal record;
- Reputational media.
The categories of information contained in BCK searches may vary, depending on legislation applicable to specific localities and cases. To obtain detailed information about the information contained in each BCK survey, Applicants can request access to the results by contacting People.
3. When is the BCK conducted?
For Applicants for job openings, the BCK will be conducted concurrently with the Cultural Fit phase (Brazil) or concurrently with the sending of the offer letter (USA), which will be conditioned to the result of the BCK or, in other jurisdictions, at the equivalent stage defined in accordance with local legislation and market practices. In all cases, the completion of the hiring will be subject to the results of the BCK
When the hiring takes place through EOR arrangements, the BCK will be conducted at the same procedural stage defined for direct hires, in compliance with applicable legislation.
4. What is the time range covered by the BCK survey?
In general, the analyses cover the period of 7 (seven) years prior to the date of the survey. This period may be altered by specific legislation applicable to each case.
5. How long is the BCK valid for?
The BCK result is valid for 3 (three) years. Once this period has expired, a new analysis is automatically performed, in accordance with the Employment Agreement for Applicants from Brazil. The same process applies to the USA, with the difference being that the Applicants will be notified in advance to grant their consent to update the BCK, unless the consent granted at the time of the first search is still valid (evergreen agreement). For Applicants from other jurisdictions, once the three (3) years have elapsed, the update will follow the procedure described in this Policy, subject to the specific requirements set forth under local legislation.
Applicants submitted to BCK who have not been hired or who have been terminated from Incognia more than six (6) months ago, must be submitted to a new BCK survey in cases of hiring or re-hiring.
6. How long are BCK results stored at Incognia?
The BCK results are stored for a period of 5 (five) years.
7. Who performs the BCK surveys?
BCK surveys are performed by third party companies hired by Incognia, namely Exato (Brazil), and HireRight (USA and other jurisdictions), or any other similar companies to be hired by Incognia. An academic background and professional reference analyses may be carried out directly by the People team or through the third party companies.
8. Who has access to the results of the BCK surveys?
BCK surveys are treated in an extremely confidential manner. Only members of the Ethics Committee representing the People area have access to it and, in some cases, other members of the Ethics Committee can have access to the results for discussion and decision-making purposes.
In specific cases the Candidate's manager can also be involved for decision making.
9. What are the legal grounds for authorizing the processing of Candidate data for BCK purposes?
In the USA the BCK survey can only be conducted by collecting the Applicant's consent, while in Brazil the survey is conducted based on legitimate interests of Incognia. In other jurisdictions, the BCK will be conducted in accordance with the legal bases provided under the applicable local privacy and data protection legislation.
10. What transparency measures are applied in BCK research?
In the case of hiring in Brazil, the Applicant will be notified about the BCK through the e-mail in which he/she is informed about his/her approval for the Cultural Fit stage. The e-mail will provide general information about the types of data to be processed, purposes, periods, and other to comply with the transparency of the process. If the Applicant is hired, the Employment Contract will also include provisions for periodic BCK, or in cases of promotion/transfer (when he/she becomes eligible).
In cases of hiring in the USA, the Applicant will be made aware of the BCK concomitantly with the receipt of the offer letter and must consent to it. He/she will also be informed about the BCK at the time of the periodic checks or when there is an eventual promotion/transfer.
In other jurisdictions, the communication will take place as determined by applicable local legislation.
In all cases all Applicants have access to this Policy.
11. What rights do Applicants have?
As per local law, U.S. Applicants will receive a copy of the BCK results and may submit explanations to compare any negative results, request data correction and update data.
Applicants from Brazil can request access to the BCK results, as well as request data corrections and updates.
In other jurisdictions, Applicants ’ rights will be ensured in accordance with applicable local legislation. Across all jurisdictions, Incognia will ensure the exercise of legally guaranteed rights in a transparent, fair, and proportionate manner.
All rights under applicable local laws will be guaranteed by Incognia.
12. How will Incognia evaluate the BCK results?
Incognia will treat all Applicants fairly and lawfully, making hiring/promotion decisions based on the totality of each individual's qualifications, merits and results analysis. A criminal record does not automatically disqualify an Applicant from consideration for employment, promotion or internal transfer. However, a criminal record may be a relevant consideration depending on the nature of the conviction and the specific position for which the Applicant is being considered.
The analysis of the BCK's results will take into account the relationship between any adverse report and the duties to be performed by the Applicant, the date of the facts, the impact it may have on the company's reputation and on the Applicant's daily activities, as well as the criticality and risks that such a report may subject the company to.
Any decision by Incognia not to hire or not to promote the Applicant due to the BCK result must be deliberated by the Ethics Committee.
Whenever there are negative notes in the BCK, the person responsible at the People area must register in a specific document the justifications that supported the decision to hire or not hire the Applicant.
In the case of U.S. Applicants, Incognia must previously notify the Applicant through a Pre-Adverse Action Letter, so that he/she can present the justifications, according to the particularities required by the law of the state where the hiring is being done. If, even after the justifications, Incognia chooses not to hire the Applicant, then a final Adverse Action Letter must be sent. In case of Applicants in California, Incognia will also consider provisions of the California Fair Change Regulation.
In other jurisdictions, the assessment will follow equivalent criteria, in compliance with applicable local legislation and ensuring ethical, proportionate, and non-discriminatory treatment.
13. What steps can be taken if an employee's periodic BCK check returns negative results?
If during the periodic BCK checks (every 3 years) any negative result related to the Applicant is identified, the same process described in the previous item must be followed and the Ethics Committee must deliberate on the options of reallocating the professional to another compatible position/activity, without changing salaries, or even deciding for his/her dismissal.