Privacy Policy

 This Privacy Policy describes how FunctionAI LLC (“Function AI,” “Company,” “we,” “us,” or “our”)collects, uses, discloses, and protects personal information in connection with our website, platform, and services (collectively, the “Services”). This Privacy Policy is incorporated into and forms part of our Terms of Service. By using the Services, you agree to both this Privacy Policy and the Related Policies and Agreements.

By accessing or using the Services, you acknowledge that you have read and understand this Privacy Policy.

1. Scope and Applicability.  

1.1  This Privacy Policy applies to visitors to our website, Employers and business customers, job applicants, candidates, and individuals whose information is processed through the Services.
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1.2 Depending on the context, Function AI may act as a data controller, data processor/service provider or consumer reporting agency, where applicable under the Fair Credit Reporting Act (“FCRA”).

2. Information We Collect.  We collect personal information directly from you, from our customers, and from third parties.

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2.1 Information You Provide.  We may collect (i) name, email address, phone number; (ii) resume, employment history, and education records;(iii) identification information (where required); and (iv) communications and support inquiries.
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2.2 Information Collected Automatically.  When you use our Services, we may automatically collect (i) IP address and device identifiers; (ii) browser type and operating system; and (iii) usage data (pages viewed, time spent, interactions).

2.3 Information from Third Parties.  We may collect information from(i) employers and clients; (ii) background screening providers; (iii) public records and databases; and (iv) references and verification sources.

2.4 Sensitive Personal Information.  Where permitted by law and necessary for our Services, we may process sensitive information such as (i) government-issued identifiers; (ii) background check information; and (iii) other legally permissible screening data.  

3. How We Use Information.  We use personal information for the following purposes to: (i) provide employment screening, verification, and hiring-related services; (ii) generate reports for legally permissible purposes; (iii) communicate with users and respond to inquiries; (iv) improve our Services and develop new features; (v) detect, prevent, and address fraud or security issues; and (vi) comply with legal and regulatory obligations.

4. Legal Bases for Processing (GDPR).  Where applicable, we rely on the following legal bases (i) consent; (ii)performance of a contract; (iii) compliance with legal obligations; and (iv) legitimate interests, balanced against individual rights.

5. FCRA Compliance.  

5.1 To the extent Function AI qualifies as a consumer reporting agency under the Fair Credit Reporting Act, (i) we provide consumer reports only for permissible purposes;  and (ii) employers must obtain proper authorization before requesting reports.

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5.2 Individuals have the right to (i) access their information; (ii) dispute inaccuracies; and (iii) receive notice of adverse actions.  

5.3 Function AI does not make employment decisions.

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6. Automated Processing and ArtificialIntelligence.  

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6.1 Function AI may use automated tools, including artificial intelligence, to assist with (i) data validation; (ii) pattern recognition; and (iii) risk indicators.

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6.2 We do not make fully automated employment decisions without human involvement.

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6.3 Where required by law, individuals may (i) request information about automated processing and (ii) request human review of decisions

7. Disclosure of Information.  We may disclose personal information in the following circumstances:

7.1 To Customers (Employers).  To facilitate hiring and screening processes.

7.2 To Service Providers.  We engage third-party vendors to support our operations, including: (i) cloud hosting providers; (ii) dataprocessing vendors; and (iii) analytics providers.  These providers are contractually required to protect personal information.

7.3 Legal Requirements.  We may disclose information to: (i) comply with laws, regulations, or legal process; (ii) enforce ouragreements; or (iii) protect rights, property, or safety.  

7.4 Business Transfers.  In connection with mergers, acquisitions, or asset sales.  We do not sell personal information for monetary consideration.

8. Data Retention.

8.1 We retain personal information (i) for as long as necessary to provide the Services; (ii) as required by applicable laws, including FCRA requirements; and (iii) to resolve disputes and enforce agreements.
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8.2 Retention periods vary depending on the nature of the data and legal obligations.

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‍9. Data Security.  We implement commercially reasonable administrative, technical, and physical safeguards, including (i) encryption in transit and at rest (where appropriate); (ii) access controls and authentication mechanisms; and (iii) monitoring and logging of system activity.  However, no system can be guaranteed to be completely secure.

10. Your Privacy Rights.

10.1 U.S. Privacy Rights. Depending on your state of residence, you may have rights to (i) access personal information;(ii) request deletion; (iii) correct inaccuracies; and (iv) opt out of certain data uses.  These rights may be subject to limitations under applicable law.
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10.2 California Residents. Under the California Consumer Privacy Act, California residents have additional rights, including (i) right to know categories of personal information collected; (ii) right to request deletion; and (iii) right to non-discrimination.

10.3 European Economic Area (EEA). Individuals in the EEA have rights under the General Data Protection Regulation, including (i) access, correction, and deletion; (ii) data portability; and (iii) restriction or objection to processing.

11. International Data Transfers.  Personal information may be transferred to and processed in the United States and other jurisdictions. Where required, we implement appropriate safeguards, including Standard ContractualClauses; and data protection agreements.

12. Cookies and Tracking Technologies.  We use cookies and similar technologies to: (i) maintain sessions; (ii) analyze usage; and (iii) Improve functionality. Users may control cookies through browser settings or cookie management tools.

13. Children’s Privacy. The Services are not directed to individuals under 18, and we do not knowingly collect personal information from children.

14. Third-Party Links. Our Services may contain links to third-party websites. We are not responsible for their privacy practices.

15. Updates to this Privacy Policy.  We may update this Privacy Policy from time to time.  When we do the “Last Updated” date will be revised and material changes may be communicated through the Services or by email. Continued use of the Services constitutes acceptance of the updated Privacy Policy.

16. Contact Information. If you have questions or wish to exercise your rights, contact:

Function AI
1920 McKinney Ave, 7th Floor
Dallas, TX, 75201

17. Related Policies and Agreements. Your use of the Services is subject to additional policies and agreements, which are incorporated by reference or other wise applicable as described below:
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17.1 Terms of Service.  Our Terms of Service govern your use of the Services, including important provisions regarding limitations of liability, disclaimers, and dispute resolution. By using the Services, you agree to the Terms of Service.

17.2 Cookie Policy. Our Cookie Policy explains how we use cookies and similar technologies.

17.3 Data Processing Addendum (DPA).  For customers processing personal data subject to applicable data protection laws, our Data Processing Addendum applies and governs our data processing obligations.

17.4 Trust Center.  Our Trust Center provides additional information regarding our security practices, compliance programs, and sub-processors.

17.5 Responsible AI Statement.  Our Responsible AI Statement describes how we design and use automated systems in a fair and transparent manner.

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 18. Order of Precedent. In the event of a conflict between this Privacy Policy and any other Related Policies and Agreement between you and Function AI: (i) The Terms of Service shall control with respect to use of the Services; (ii) the Data Processing Addendum shall control with respect to data processing obligations; and (iii) this Privacy Policy shall control with respect to general privacy disclosures