Services Privacy Notice

Employ, Inc. along with its subsidiaries located at www.employinc.com/subsidiaries/ (“Employ”) provides Customers a range of talent acquisition software and solutions. This Services Privacy Notice applies the software offerings Employ provides to its Customers. For more information on what information Employ collect from Third Party Services, contact your employer and see Employ’s Privacy Notice Integration Addendum page here. “Personal Data” means data that identifies or relates to an identifiable individual. “Customer” means the organization that subscribes to the Services and through whom you, the end user of such Services, are provided access to the Services.

This Services Privacy Notice describes how Employ processes Personal Data that it collects on its own behalf from or through the Services. For the avoidance of doubt, Employ is the controller of this Personal Data, meaning that Employ determines how and why it is processed. Furthermore, this Services Privacy Notice applies solely to Employ processing of this Personal Data. This Services Privacy Notice does not apply to other data provided by or on behalf of a Customer to the Services, which is considered by Employ to be “Customer Data” and is controlled by each Customer. For the avoidance of doubt, as between the Customer and Employ, each Customer is the controller of its Customer Data and Employ does not process that Customer Data except as provided in Employ Master Subscription Agreement, including any applicable Order Forms, with the Customer.

To the extent you sign up to receive marketing or informational announcements from Employ, such emails will be subject to the privacy notice located at www.Employ.co/privacy-notice-general. Transactional communications about your account or the Service are not considered “marketing” or “informational” communications and are part of the Services.

If you have questions or would like to exercise your legal rights regarding Customer Data, please contact the Customer responsible for such Customer Data.

What data does Employ collect?

Personal Data collected directly from you

Through a Customer’s use of the Services, Employ may collect certain account information, including name, password, email address, physical office address, phone number, affiliated Customer and job title, and other information that you provide.

Other data collected from your device or browser

Employ may collect other data, including Personal Data, from your device or browser, such as, without limitation:

• Data about your device used to access the Services. Employ collects certain data about your device or browser automatically via log files, such as your Media Access Control (MAC) address, device ID, operating system name and version, browser type and device manufacturer and model. Employ may also collect your IP address. Employ use data about your device to administer the Services. Employ may derive your approximate location from your IP address.
• Employ use “cookies” to collect information and improve the Services. 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 the Service. Employ may use “session ID cookies” to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service. For more information on how Employ use Cookies and similar technologies, please see Employ’s Cookie Policy.
• Usage data. Employ collects certain technical data related to your use of the App, such as the date and time your device accesses Employ servers, what data and files have been viewed in the Services, and the parts of the Services that were visited. Employ may use this data to ensure the Services functions properly and to improve the Services.
• Data collected from other sources. Employ may combine the foregoing types of data with data Employ already has or data provided by third parties, including third parties from whom Employ has purchased Personal Data.
• Data about other individuals. If you provide Personal Data about other individuals to us, then Employ Customer or you, and not Employ, are responsible for providing notice and obtaining consent as may be required by law.

Our Purposes for Processing Personal Data

Employ processes Personal Data:

• Based on Employ’s legitimate interests or as necessary to improve and provide the Services to your affiliated Customer, Employ may use Personal Data to analyze trends and usage, assess capacity requirements, identify Customer opportunities and conduct surveys, build models to allow Employ to better serve Customers and personalize content and features for Customers, and for research and development activities for new products and services for Customers;
• Based on Employ legitimate interests, to keep the Services secure, including through identity management and security monitoring to detect, prevent and respond to suspicious activity, fraud, intellectual property infringement, misuse of the Services, violations of Employ terms or law and for other similar purposes;
• Based on Employ’s legitimate interests or to comply with applicable laws, to communicate with you, to provide notices regarding Employ policies, terms and conditions or to send you marketing communications or product recommendations.
• Based on Employ’s legitimate interest to contact you to provide updates regarding the Services, provide account related information, provide customer service or respond to questions, concerns, feedbacks or disputes.

How Employ May Share Your Personal Data

Employ may share your Personal Data:

• With your affiliated Customer, if Employ is providing the Services to you pursuant to a Customer’s subscription to the Services;
• With Employ service providers, who provide services such as IT and system administration and hosting, credit card processing, research and analytics, marketing, customer support and data enrichment for the purposes and pursuant to the legal bases described above; and
• Within the Employ corporate group and with companies that Employ acquires in the future when they are made part of the Employ corporate group, including Employ, Inc. And Hireku, Inc.
• With Third Party Services utilized by your affiliate Customer as needed to provide information regarding integrations between the Services and such Third Party Serivces.

Other Uses and Disclosures

On the basis of Employ legitimate interests or compliance with legal obligations, Employ may use or share your Personal Data as necessary or appropriate (a) to comply with applicable laws, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including authorities outside your country of residence and to meet national security or law enforcement requirements; (d) to enforce Employ terms and conditions; (e) to protect Employ operations; (f) to protect the rights, privacy, safety or property of the Employ, you or others; and (g) to allow Employ to pursue available remedies or limit the damages that Employ may sustain.

Employ may also share your Personal Data with relevant third parties if Employ is involved in a corporate transaction, such as a merger, reorganization, dissolution or other fundamental corporate change, or if all or a portion of Employ business, assets or stock are acquired by a third party.

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).

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 the “Contacting Employ” section, below. To exercise your rights with respect to Customer Data processed by the Services on behalf of your affiliated Customer, please inquire with your affiliated Customer directly. Some users may update their user settings, profiles, organization settings and event registrations by logging into the Services on their device and editing their settings or profiles.

How Employ Secures 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.

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 which are based in other countries. Therefore, your Personal Data may be processed outside your jurisdiction and in countries which (a) are not subject to an adequacy decision by the European Commission or your local legislature or regulator, and (b) may not provide for the same level of data protection as your jurisdiction, such as the EEA. In this event, or if Employ transfer Personal Data to a third party that provides services to us, Employ will ensure that the recipient of your Personal Data offers an adequate level of protection, for instance by entering into the appropriate agreements and, if required, standard contractual clauses for the transfer of data as approved by the European Commission (Art. 46 GDPR), or Employ will ask you for your prior consent to such international data transfers. Employ is certified under the EU-U.S. and the Swiss-U.S. Framework and adheres to the Framework Principles. For more information, see the Additional Privacy Rights for Individuals in the EEA, UK and Switzerland section below.

Customer Data

Personal Data and other data submitted by or on behalf of a Customer to the Services through the App, excluding Content and Third Party Services, is considered by Employ to be Customer Data. Employ does not process Customer Data except as provided in Employ Master Subscription Agreement, including any applicable Order Forms, with the Customer. Please contact the Employ Customer through whom you are provided access to the Services for more information about its practices and how Customer Data is processed. Employ is not responsible for the privacy or data security practices of Employ Customers, which may differ from those set forth in this Services Privacy Notice.

Where appropriate, Employ may collect of Customer Data from your device to enable certain features using the Services. This Customer Data may include, without limitation:

• Call or text histories or other telephony log information collected from your device’s telephone service or app[s), such as phone numbers, time, date and duration of calls, SMS routing information, and types of calls;
• Scheduling information collected from your device’s calendar app(s);
• Facial characteristics and other physical identifiers collected through your device’s camera(s);
• Voice recordings collected through your device’s microphone(s);
• Social media account data, including your account profile photo, collected from your device’s social media app(s); and
• Precise geolocation data collected from your device.
• If you connect the Services to Third Party Services such as Google, Microsoft, Dropbox and Box , certain Customer Data may be collected from your device by Third Party Providers. This data may be collected automatically through the use of application programming interfaces such as the Google API Services or the Outlook Mail REST API, and may include:
• The contents, metadata and related information of emails, calendar events and stored files when you choose to sync the Services with Third Party Provider’s email, calendar and cloud storage services;
• Customer Data that you send from the Services to a Third Party Provider, or data that you request from a Third Party Provider, automatically or otherwise. Note that, as a security precaution, if you choose to connect to the Services to apps or services provided by a Third Party Provider and you request data from that Third Party Provider, information that identifies you or your device may also be sent in order to authenticate the request.

Employ is not responsible for the data processing practices of Third Party Services. Employ encourage you to review your Third Party Services’ respective privacy notices before connecting such Third Party Services to the Services.

Employ’s Policy Toward Children

Employ’s Service is 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 use the Service. 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.

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.

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.

Changes To This Services Privacy Notice

Employ will update this Services Privacy Notice from time to time to reflect changes in Employ practices, technologies, legal requirements and other factors. If Employ does, Employ will reflect this in the “Last updated” date at the top of this Services Privacy Notice. If Employ makes a change to this Services Privacy Notice that Employ reasonably believes materially affects how Employ process your Personal Data, Employ will provide notice of such change on Employ’s website. By continuing your Interactions after those changes become effective, you accept the provisions of Employ’s revised Privacy Notice.

In addition, Employ may provide you with “just-in-time” disclosures or additional information about the data collection, use and sharing practices. These notices may provide more information about Employ’s privacy practices, or provide you with additional choices about how Employ process your Personal Data. The notices and information are subject to this Privacy Notice unless specifically indicated otherwise in the notice.

Contacting Us

To exercise your rights regarding your Personal Data, or if you have questions regarding this Services Privacy Notice or Employ privacy practices, please contact Employ at privacy@employinc.com. Automated privacy requests may be sent to privacy-noreply@employinc.com. You may also contact Employ’s EU member representative VeraSafe by using this contact form: https://www.verasafe.com/privacy-services/contact-article-27-representative or via telephone at: +420 228 881 031.You may contact Employ’s United Kingdom member representative Verasafe using this contact form: https://verasafe.com/public-resources/contactdata-protection-representative or via telephone at +44 (20) 4532 2003.

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.