This Privacy Notice describes how Employ, Inc. and its and its subsidiaries located at
www.employinc.com/subsidiaries/ (“Employ”) collect and process personal data about you, how we use and protect this information, and the rights that may be available to you under applicable laws in relation to this information.
1. Responsible Employ entity
This Privacy Notice does not apply to the extent Employ processes Personal Data in the role of a processor or service provider on behalf of Employ customers, including where Employ offers to Employ customers various products and services through which Employ customers (or their affiliates collect, use, share or process Personal Data via Employ products and services.
For detailed privacy information related to a Employ customer or a customer affiliate who uses Employ products and services as the controller, please contact Employ customer directly. Employ is not responsible for the privacy or data security practices of Employ customers, which may differ from those explained in this Privacy Notice.
2. Processing activities covered
This Privacy Notice applies to the processing of Personal Data collected by Employ when you:
- Visit Employ websites that display or link to this Privacy Notice;
- Visit Employ branded social media pages;
- Visit Employ offices;
- Receive communications from Employ or otherwise communicate with us, including but not limited to emails, phone calls, or texts;
- Use Employ products and services where Employ acts as a controller of your Personal Data;
- Register for, attend or take part in Employ events, webinars, programs, trainings, certifications or contests;
- Act as or work for a service provider or supplier to Employ, to the extent Employ acts as a controller with respect to your Personal Data;
- Participate in an Employ community such as customer groups; or
- Participate in surveys, research or other similar data collection facilitated by us.
Employ websites and services may contain links to other websites, applications, platforms and services maintained by third parties. The information practices of these third parties, including the social media platforms that host Employ branded social media pages, are governed by their Privacy Notices, which you should review to better understand their privacy practices
In some circumstances, Employ also collects, or Employ partners provide Employ with, publicly available information which may contain Personal Data that you have published or that has been made available online. The way in which Employ partners collect this is detailed in their own privacy policies, available on their websites.
3. What Personal Data does Employ collect?
3.1 Personal Data Employ collects directly from you
The Personal Data Employ collects directly from you may include identifiers, professional or employment-related information, financial account information, commercial information, visual information, and internet activity information, among others. Employ may collect such information in the following situations:
Situations
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Categories of Personal Data
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If you express an interest in obtaining additional information about Employ services; request customer support (including accessing the Help & Training Portal); use Employ “Contact Us” or similar features; register to use Employ websites or to receive communications; sign up for an event, webinar or contest; participate in a program, training, certification or survey; use Employ products and services; download certain content; or are employed by a customer of Employ products and services where your information has been shared with us
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Contact information, such as your name, job title, company name, address, phone number, email address, username and password, other information you have voluntarily chosen to share
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If you make purchases via Employ websites or register for an event or webinar
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Contact information, financial and billing information, such as billing name and address, credit card number or bank account information
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If you attend an event
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Attendee badge information which may include name, title, company name, address, country, phone number and email address, image and video
During the Covid-19 pandemic, this may also include health status, including your temperature, COVID-19-related symptoms, exposure to COVID-19 positive individuals, vaccination status, testing results, and recent travel history
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If you register with Employ for a variety of purposes, including joining a community that Employ host or participating in a program, training or certification
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Username, photo, video or other biographical information, such as your occupation, location, social media profiles or usernames, company name, areas of expertise and interests
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If you interact with Employ websites or emails
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Information about your device and your usage of Employ websites or emails (such as Internet Protocol (IP) addresses or other identifiers), which may qualify as Personal Data (please see Section 4 below) using cookies, web beacons, or similar technologies
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If you use and interact with Employ products and services
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Information about your device and your usage of Employ services through log files and other technologies, some of which may qualify as Personal Data (including Usage Data) (please see Section 4 below)
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If you communicate with Employ via a phone call
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Information you have provided as part of that interaction, which may include Personal Data and special categories of Personal Data, to the extent you voluntarily choose to provide it
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If you visit Employ offices
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Name, email address, phone number, company name, time and date of arrival, image or video
During the Covid-19 pandemic, this may also include health status, including your temperature, COVID-19-related symptoms, exposure to COVID-19 positive individuals, vaccination status, testing results, and recent travel history
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If you voluntarily submit certain information to us, such as filling out a survey, responding to a questionnaire or participating in other forms of research
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Information you have provided as part of that request, which may include Personal Data and special categories of Personal Data, to the extent you voluntarily choose to provide it
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If you are a supplier or service provider to Employ (or work for a supplier or service provider)
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Contact information, payment and billing information
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If you provide us, Employ service providers or Employ affiliates with any Personal Data relating to other individuals, you represent that you have the authority to do so, and where required, have obtained the necessary consent, and acknowledge that it may be used in accordance with this Privacy Notice. If you believe that your Personal Data has been provided to Employ improperly, or want to exercise your rights relating to your Personal Data, please contact Employ by using the information in Section 14 below.
Personal Data Employ collects from other sources
Employ also collects information about you from other sources including partners from whom Employ collects or purchases Personal Data or who provide Employ with publicly available information which may contain Personal Data. Employ may combine this information with Personal Data provided by you.
Provision of the services:
- The Personal Data Employ collects to provide Employ products and services may include information you have made publicly available online (such as when using social media sites) or that is published by third parties and contains information about you (such as news articles). For a select number of services, Employ collects this Personal Data from partners who may receive this data when you visit or use their services or through the third parties they work with. Employ analyzes this information to enable Employ customers to assess the success of their brands.
- In addition, the Personal Data Employ collects to provide Employ products and services may include location information from third parties, which helps Employ offer features like identity management and multi-factor authentication.
Advertising: The Personal Data Employ collect from other sources for the purposes of tailored advertising includes identifiers, professional or employment-related information, education information, commercial information, visual information, internet activity information, and inferences about preferences and behaviors. We, collect this from third party providers of business contact information, including mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), IP addresses, social media profiles, LinkedIn URLs and custom profiles for purposes of targeted advertising, delivering relevant email content, event promotion and profiling, determining eligibility and verifying contact information. This helps Employ update, expand, and analyze Employ records, identify new customers, and create more tailored advertising to provide services that may be of interest to you.
Additional sources: In addition to the aforementioned, Employ collect Personal Data from another individual at your organization who may provide Employ with your personal information, which may include Personal Data and special categories of Personal Data, to the extent you consent to providing it and sharing it, for the purposes of obtaining services and assessing Employ goals related to encouraging diversity within Employ vendors.
4. What Usage Data does Employ process?
Employ use common information-gathering tools, such as tools for collecting data, cookies, web beacons, pixels, and similar technologies to collect information that may contain Personal Data as you navigate Employ websites, Employ services, or interact with emails Employ have sent to you.
Device and Usage Data
When you gather Employ websites, Employ may collect (i) identifiers, such as user ID, organization ID, username, email address and user type; (ii) commercial information; and (iii) internet activity information such as IP address (or proxy server information), device and application information, identification numbers, location, browser type, user interactions such as the pages and files viewed, website and webpage interactions including searches and other actions you take, operating system type and version, system configuration information, date and time stamps associated with your usage and details of which of Employ products and product versions you are using. This information is used for the purposes set out in section 5 of this Privacy Notice below.
In addition, Employ gathers certain information automatically as part of your use of Employ products and services (“Usage Data”). This information may include identifiers, commercial information, and internet activity information such as IP address (or proxy server), mobile device number, device and application identification numbers, location, browser type, Internet service provider or mobile carrier, the pages and files viewed, website and webpage interactions including searches and other actions you take, operating system type and version, system configuration information, date and time stamps associated with your usage and details of which of Employ products and product versions you are using. This information is used for the purposes set out in detail in section 5 of this Privacy Notice below. In addition, Employ may use aggregate and de-identified Usage Data for other internal business purposes, such as to identify additional customer opportunities and to ensure that Employ are meeting the demands of Employ customers and their users. Please note that this Usage Data is primarily used to identify the uniqueness of each user logging on (as opposed to specific individuals), apart from where it is strictly required to identify an individual for security purposes or as required as part of Employ provision of the services to Employ customers.
Cookies, web beacons and other tracking technologies on Employ website and in email communications
Cookies. Employ uses “cookies” to collect information and improve Employ’s Interactions with you. A cookie is a small data file that Employ transfer to your device. Employ may use “persistent cookies” to save your registration ID and login password for future logins to Employ’s website, such as, to register for webinars. Employ may use “session ID cookies” to enable certain features of the Service, to better understand how your Interactions with Employ and to monitor aggregate usage and web traffic routing on Employ’s website. For more information on how Employ use Cookies and similar technologies, please see Employ’s Cookie Policy.
To manage the use of targeting and advertising cookies on this website, click the Cookie Preferences link in the footer of the page or consult your individual browser settings for cookies. To learn how to manage privacy and storage settings for Flash cookies, click here. Various browsers may also offer their own management tools for removing HTML5 local storage. To learn more about targeted advertising and advertising networks, please visit the opt-out pages of the Network Advertising Initiative, here, and the Digital Advertising Alliance, here.
Social Media Features
Our websites may use social media features, such as sharing widgets (“Social Media Features”). Social Media Features may allow you to post information about your activities on Employ website to outside platforms and social networks. Social Media Features may also allow you to like or highlight information Employ have posted on Employ website or Employ branded social media pages. Social Media Features are either hosted by each respective platform or hosted directly on Employ website. To the extent the Social Media Features are hosted by the platforms themselves, and you click through to these from Employ websites, the platform may receive information showing that you have visited Employ websites. If you are logged in to your social media account, it is possible that the respective social media network can link your visit to Employ websites with your social media profile.
Employ also allows you to log in to certain Employ websites using sign-in services. These services authenticate your identity and provide you the option to share certain Personal Data from these services with Employ such as your name and email address to pre-populate Employ sign-up form.
Your interactions with Social Media Features are governed by the privacy policies of the companies providing them.
Telephony log information
If you use certain features of Employ services on a mobile device, Employ may also collect telephony log information (like phone numbers, time and date of calls, duration of calls, SMS routing information and types of calls), device event information (such as crashes, system activity, hardware settings, browser language), and location information (through IP address, GPS, and other sensors that may, for example, provide Employ with information on nearby devices, Wi-Fi access points and cell towers).
5. Purposes for Processing and Legal Basis
Employ collect and process your Personal Data (including, where legally permissible, special categories of Personal Data) for the following purposes and relying on the following legal bases:
Purpose
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Description
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Legal basis
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Websites and social media branded pages
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Providing Employ websites (including Employ social media pages)
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Employ processes your Personal Data to operate and administer Employ websites and to provide you with the content you access and request
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Employ legitimate interest in providing online content to Employ customers and prospective customers regarding Employ service offering and related information
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Improving Employ websites
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Employ processes your Personal Data to analyze overall trends and help Employ improve the user experience on Employ websites
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Our legitimate interest in providing a relevant and well-functioning website for the benefit of Employ website visitors
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Promoting the security of Employ websites
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Employ processes your Personal Data by tracking use of Employ websites and verifying and investigating activity
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Our legitimate interest in promoting the safety and security of Employ websites and in protecting Employ rights and the rights of others
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Displaying personalized advertisements and content
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Employ processes your Personal Data to conduct market research, advertise to you, provide personalized information about Employ on and off Employ websites and to provide other personalized content based upon your activities and interests
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Our legitimate interest in advertising Employ products and services or, where necessary, to the extent you have provided your prior consent
Please see Section 10 below, to learn how you can control the processing of your Personal Data by Employ for personalized advertising purposes
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Office visitors and events
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Registering visitors
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Employ processes your Personal Data, including registration information and associated non-disclosure information, for security reasons
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Our legitimate interest in protecting Employ offices, staff, visitors and Employ confidential information against unauthorized access
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Managing event registrations and attendance
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Employ processes your Personal Data to plan and host events or webinars for which you have registered or that you attend, including sending related communications to you
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Performance of a contract or where Employ receives your consent
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Ensuring the health and safety of Employ visitors and employees
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Employ processes your Personal Data (which may include special categories of Personal Data) (where legally permitted) during office visits and at events during the COVID-19 pandemic to ensure the health and safety of Employ visitors and employees
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Consent and explicit consent or in Employ legitimate interest to ensure the health of Employ employees and visitors where necessary for reasons of public interest in the area of public health
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Communications
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Sending communications
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Employ processes your Personal Data to send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, telemarketing calls, SMS or push notifications, information about Employ products, news, or events) about us, Employ affiliates and partners
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Our legitimate interest in conducting direct marketing or where you have provided prior consent (please see Section 10 below to learn how you can control the processing of your Personal Data by Employ for marketing purposes)
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Recording phone calls
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Employ processes your Personal Data, including recording phone calls (in accordance with applicable laws) for training, quality assurance, and administration purposes
If required under applicable law, Employ will give you the option to object to a call being recorded
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Consent or Employ’s legitimate interest in maintaining the high quality of Employ phone calls with users
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Handling contact and user support requests
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Employ processes your Personal Data, if you fill out a “Contact Me” web form or request user support, or if you contact Employ by other means including but not limited to via phone
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Necessary for the performance of a contract or Employ’s legitimate interest in fulfilling your requests and communicating with you
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Webinars, programs, trainings, certifications, and contests
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Managing, and participating in, webinars, contests, programs, training, certifications or promotions
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Employ processes your Personal Data if you register for a webinar, contest, promotion, training, certification or a program. Some webinars, contests, programs, trainings, certifications and promotions have additional rules containing information about how Employ will process your Personal Data
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Necessary for the performance of a contract or where Employ seeks your consent
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Other data collection
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Managing payments
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If you have provided financial information to us, Employ processes your Personal Data to verify that information and to collect payments to the extent that doing so is necessary to complete a transaction and perform Employ contract with you
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Necessary for the performance of a contract
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Administering surveys and conducting research
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Employ processes your Personal Data (including, where legally permitted, special categories of Personal Data) in order to meet the goals set out in surveys or research as well as to analyze Employ compliance with internal policies
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Consent or explicit consent (if required under applicable law) or Employ’s legitimate interest in conducting the survey or research based on its stated goals (where no special categories of Personal Data are in scope)
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Participating in an Employ community, such as that focused on open-source development
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Employ process your Personal Data, such as your username associated with your community account, in order to host and maintain the community for the benefit of its members
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Our legitimate interest in hosting and maintaining such a community for the benefits of its members, as well as in order to inform you of program changes that are important to your participation or relate to additional security measures
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Collection of diversity information
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Employ process your Personal Data (including special categories of Personal Data) to the extent you voluntarily consent to provide it to meet Employ broader community goals related to diversity and equality of opportunity
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Consent or explicit consent (if required under applicable law)
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Compliance with legal obligations
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Employ processes your Personal Data (including Usage Data) when cooperating with public and government authorities, courts or regulators in accordance with Employ legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Data to protect Employ rights
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Legal obligation or Employ’s legitimate interest in protecting against misuse or abuse of Employ websites or services, protecting personal property or safety, pursuing remedies available to Employ and limiting Employ damages, complying with judicial proceedings, court orders or legal processes, responding to lawful requests, or for auditing purposes
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If Employ needs to collect and process Personal Data by law, or under a contract Employ has entered into with you, and you fail to provide the required Personal Data when requested, Employ may not be able to perform Employ contract with you.
6. Data Sharing
Employ may share your Personal Data as follows:
- Service providers: With Employ contracted service providers, who provide services such as IT and system administration and hosting, research and analytics, marketing, customer support and data enrichment for the purposes and pursuant to the legal bases described above in Section 5;
- Employ affiliates: With affiliates within the Employ corporate group and companies that Employ acquire in the future after they are made part of the Employ corporate group, to the extent such sharing of data is necessary to fulfill a request you have submitted via Employ websites or for customer support, marketing, technical operations, event registration and account management purposes;
- Event sponsors: If you attend an event or webinar organized by us, or download or access an asset on Employ website, Employ may share your Personal Data with sponsors of the event. If required by applicable law, you may consent to such sharing via the registration form or by allowing your attendee badge to be scanned at a sponsor booth. In these circumstances, your information will be subject to the sponsors’ Privacy Notices. If you do not wish for your information to be shared, you may choose to not opt-in via event/webinar registration or elect to not have your badge scanned, or you can opt-out in accordance with Section 10 below;
- Partners: With specific partners that offer supplementary services to those provided by Employ, to the extent you consent to such sharing (where required by applicable law);
- Contest and promotion sponsors: With sponsors of contests or promotions for which you register in order to fulfill the contest or promotion;
- Third party networks and websites: With third-party social media networks, advertising networks and websites, so that Employ can market and advertise on third party platforms and websites;
- Professional advisers: In individual instances, Employ may share your Personal Data with professional advisers acting as service providers, processors, or joint controllers – including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance and accounting services, and to the extent Employ are legally obliged to share or have a legitimate interest in sharing your Personal Data; and
- Third parties involved in a corporate transaction: If Employ are involved in a merger, reorganization, dissolution or other fundamental corporate change, or sell a website or business unit, or if all or a portion of Employ business, assets or stock are acquired by a third party. In accordance with applicable laws, Employ will use reasonable efforts to notify you of any transfer of Personal Data to an unaffiliated third party.
Employ may also share anonymous or de-identified Usage Data with Employ’s service providers for the purpose of helping Employ in such analysis and improvements. Additionally, Employ may share such anonymous or de-identified Usage Data on an aggregate basis in the normal course of operating Employ business; for example, Employ may share information publicly to show trends about the general use of Employ services.
Anyone using Employ communities, forums, blogs, or chat rooms on Employ websites may read any Personal Data or other information you choose to submit and post. For more information on the recipients of your Personal Data, please contact Employ by using the information in Section 14 below.
7. International Transfer of Personal Data
Your Personal Data may be collected, transferred to and stored by Employ in the United States and by Employ affiliates and third-parties disclosed in Section 6, above, that are based in other countries.
Therefore, your Personal Data may be processed outside your country or jurisdiction, including in places that are not subject to an adequacy decision by the European Commission or your local legislature or regulator, and that may not provide for the same level of data protection. Employ ensure that the recipient of your Personal Data offers an adequate level of protection and security, for instance by entering into the appropriate back-to-back agreements and, if required, standard contractual clauses or an alternative mechanism for the transfer of data as approved by the European Commission (Art. 46 GDPR) or other applicable regulators or legislators. Where required by applicable law, Employ will only share, transfer or store your Personal Data outside of your jurisdiction with your prior consent.
8. Employ’s Policy Toward Children
Employ’s offerings are not directed to persons under 18, and Employ does not knowingly collect Personal Data from children under 18. Any individuals under the age of 18 must have consent from their parent or guardian to interact with Employ. If a parent or guardian becomes aware that his or her child has provided Employ with Personal Data without their consent, he or she should contact Employ at privacy@employinc.com ever become aware that a child under 18 has provided Employ with Personal Data, Employ will take steps to delete such information from Employ’s files.
9. How long does Employ keep your Personal Data?
Employ may retain your Personal Data for a period of time consistent with the original purpose of collection (see Section 5 above) or as long as required to fulfill Employ legal obligations. Employ determine the appropriate retention period for Personal Data on the basis of the amount, nature, and sensitivity of the Personal Data being processed, the potential risk of harm from unauthorized use or disclosure of the Personal Data, whether Employ can achieve the purposes of the processing through other means, and on the basis of applicable legal requirements (such as applicable statutes of limitation).
After expiry of the applicable retention periods, your Personal Data will be deleted. If there is any data that Employ are unable, for technical reasons, to delete entirely from Employ systems, Employ will implement appropriate measures to prevent any further use of such data.
10. Your rights relating to your Personal Data
Your Rights Relating to Your Personal Data
You have certain rights relating to your Personal Data, subject to local data protection laws. Depending on the applicable laws and, in particular, if you are located in the EEA, these rights may include:
- To access your Personal Data held by us;
- To rectify inaccurate Personal Data and, accounting for the purpose of processing the Personal Data, ensure it is complete;
- To delete your Personal Data;
- To restrict Employ processing of your Personal Data;
- To transfer your Personal Data to another controller;
- To object to any processing of your Personal Data carried out on the basis of Employ’s legitimate interests. Where Employ processes your Personal Data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection;
- To not be subject to a decision based solely on automated processing, including profiling, which produces legal effects; and
- To the extent Employ bases the collection, processing and sharing of your Personal Data on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.
To exercise your rights in connection with Personal Data processed by Employ on its own behalf, please contact Employ by using the information in Section 14 to exercise your rights.
Please note that opting out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as communications about your subscriptions or event registrations, service announcements or security information.
How Employ Secure Your Personal Data
Employ takes reasonable and appropriate steps to protect the security of Personal Data against unauthorized or unlawful access, use, destruction, loss, alteration or disclosure. While Employ follow generally accepted standards to protect Personal Data, no method of storage or transmission is 100% secure.
Data Retention
Employ may retain your Personal Data for a period of time consistent with the original purpose of collection (see the “Our Purposes for Processing Personal Data” section above).
11. California Privacy Rights
A business subject to California Civil Code section 1798.83 is required to disclose to its California customers, upon request, the identity of any third parties to whom the business has disclosed Personal Data information within the previous calendar year, along with the type of Personal Data disclosed, for the third parties’ direct marketing purposes. Please note that under California law, businesses are only required to respond to a customer request once during any calendar year. If you are a California resident and would like to make either type of request described above, please contact Employ at privacy@employinc.com.
12. Additional Privacy Rights for Individuals in the EEA, UK and Switzerland
This section only applies to Interactions with individuals who are in the European Economic Area, United Kingdom or Switzerland (collectively, the “Designated Countries”) at the time of data collection.
The EU-U.S. Data Privacy Framework and, as applicable, the UK Extension to the EU-U.S. DPF, and/or the Swiss-U.S. Data Privacy Framework
Employ and its US subsidiaries identified at
www.employinc.com/subsidiaries/ complies with the EU-U.S. Data Privacy Framework and, as applicable, the UK Extension to the EU-U.S. DPF, and/or the Swiss-U.S. Data Privacy Frameworks (the “Frameworks”) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the European Union, the United Kingdom and Switzerland to the United States. Employ has certified to the Department of Commerce that it adheres to the Framework Principles. The Federal Trade Commission has jurisdiction over Employ’s compliance with the Framework. If there is any conflict between the terms in this Privacy Notice and the Framework Principles, the Framework Principles shall govern. In the context of an onward transfer, Employ has responsibility for the processing of Personal Data it receives under the Framework and subsequently transfers to a third party acting as an agent on its behalf. To learn more about the Framework program, and to view an Employ entity certification, please visit
this site. If you are a European, United Kingdom or Swiss data subject with an unresolved complaint or dispute arising under the requirements of the Framework, Employ agree to refer your complaint under the Framework to an independent dispute resolution mechanism.
Employ has further committed to refer unresolved Framework-related complaints to JAMS, an independent dispute resolution provider located in the United States. If you do not receive a timely acknowledgement of the Framework-related complaint from Employ, or if we have not satisfactorily resolved your complaint or addressed your concern, please contact JAMS to file your complaint, at no cost to you. To contact JAMS and/or learn more about JAMS dispute resolution services, including instructions for submitting a complaint, please visit:
https://www.jamsadr.com/eu-us-privacy-shield. Under certain limited situations, as a last resort, you may seek redress from the Panel, a binding arbitration mechanism.
Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Framework Panel. You also have a right to lodge a complaint with a competent supervisory authority situated in a Designated State of your habitual residence, place of work, or place of alleged infringement.
13. Changes to this Privacy Notice
Employ will update this Privacy Notice from time to time to reflect changes in Employ practices, technologies, legal requirements, and other factors. If Employ does, Employ will update the “effective date” at the top. If Employ make a material update, Employ may provide you with notice prior to the update taking effect, such as by posting a notice on Employ website or by contacting you directly, or where required under applicable law and feasible, seek your consent to these changes.
Employ encourages you to periodically review this Privacy Notice to stay informed about Employ collection, processing and sharing of your Personal Data.
Employ is committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that Employ have not been able to assist with your complaint or concern, and you are located in the EEA, you have the right to lodge a complaint with the competent supervisory authority.