Candidate Privacy Notice

This Candidate Privacy Notice (“Notice”) applies to personal information Conviva Inc., including any of its affiliates (collectively “Conviva,” “we” or “us”), collects about its job applicants and how it handles such information during the application process.

For the purposes of this Notice, “Personal information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to a job applicant. This may include your name, email address, location, job title and company or employer, your user ID and password when you apply, IP address, and other information described in this Notice. The country in which the position is located will determine the types of personal information we receive. Should you apply to more than one location, or should the role be available in more than one country, the personal data processed are determined by each of those countries where the position is located.

Personal information does not include anonymized, de-identified, or aggregated information which does not personally identify you.

You are being provided this Notice because you are applying for work with us (whether as an employee, worker, or contractor). When you sign-up for job alerts or apply to a job posting directly with Conviva, the personal information contained in your application will be collected by Conviva’s third party provider(s) and shared with us.

This Notice does not apply to data about our employees, contractors, clients, or other personal information that Conviva collects for other purposes. Please review our Privacy Policy to learn how information provided through our website and/or services is processed.

Please note that you may have different or additional rights in respect of your personal information depending upon your location. Please contact [email protected] for more information.

The relevant controller for the purposes of UK and EU data protection laws (where they apply) in respect of your personal information that is collected and used in connection with the recruitment process is, usually, the company within Conviva to which you have applied as your potential employer. It is the controller of your personal data that decides how and why your personal information is held and used. Conviva’s group functions (such as IT, HR, Recruitment and Finance) are primarily located in the United States, which means that personal information relating to all Conviva applicants will also be transferred to and accessed and handled in the United States by Conviva Inc., as required. You can find further information on international data transfers later in this Notice.

In connection with your application for work with us, we will collect, store, and use the following categories of personal information about you. We do not collect all of this information about all candidates, as needs vary by candidate (including depending on their prospective role and the stage of their candidacy), and local recruiting practices and legal requirements vary. Some of this personal data is collected only after an offer is extended.

• • Identifiers: your name, address, email address, telephone numbers, date of birth, social media profiles/handles, and other contact details including more sensitive data such as your social security number, passport number, driver’s license, or state ID card number.
  • Internet, electronic network, device activity, and device information and related identifiers such as your IP address if you apply for a job through our website.
  • Professional or employment-related information.
  • Recruitment, employment, or engagement information such as application forms and information included in a resume, cover letter, or otherwise provided through the application and recruitment process; information you provide which is required to initiate your employment, such as proof of eligibility to work in a specified country (such as a passport or visa), citizenship or immigration status; references; our evaluations of your performance during the interview process; and if provided an offer, background screening results (including any criminal convictions).
  • Career information such as job titles, work history, work dates and work locations, and information about skills, qualifications, and experience.
  • Education information: institutions attended, degrees, academic record, certifications, licenses, transcript information, and professional memberships.
  • Business travel and expense information: travel itinerary information and expenses incurred for travel during the interview process.
  • Audio or visual information such as CCTV footage, as well as other information relating to the security of our premises collected during in-person interviews or other parts of the recruitment process; and video or audio recordings of the interview process.
  • Potentially protected classification information to the extent required or as permitted by relevant local law and voluntarily provided such as race, sex, gender identity/expression, nationality, ethnicity, citizenship, accommodation information, and other information to help us monitor compliance with equal opportunity legislation.
  • Other information that you may voluntarily choose to include on your resume or in connection with your application or otherwise.

Sensitive Information: We may also collect, store and use the following types information that may be considered “sensitive personal information” or “special categories of data” under applicable privacy laws:

• • Social Security number or passport information for legal compliance and immigration purposes.
  • Health information, which may include disability status, to provide reasonable accommodations during recruitment process.
  • Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions, if you have provided such information voluntarily through your CV/resume, interview process and/or LinkedIn profile, to ensure meaningful equal opportunity monitoring and reporting.
  • Information about criminal convictions and offenses for background check purposes.

We collect personal information about candidates from the following sources:

• • You, the candidate.
  • Information provided to our third-party applicant tracking provider.
  • Information available from your LinkedIn profile (subject to you explicitly consenting to linking your LinkedIn profile).
  • Our external recruitment agencies from which we collect the following categories of data: recruitment information.
  • Our background check provider, from which we collect the following categories of data: criminal record information and education and employment verification.
  • Your named references, from whom we collect the following categories of data: confirming employment and dates of employment.

We will use the personal information we collect about you for the following business purposes – for each of these purposes, we have set out the lawful basis on which we use your personal information in order to comply with data privacy laws in the UK and EEA:

We may also use personal information for any other legally permitted purpose (subject to your consent, where legally required).

We will normally only collect and process your information where:

• • we need to comply with legal obligations applicable to us (such as applicable immigration and/or employment laws and regulations);
  • we need the information to fulfill our responsibilities in any actual or prospective agreement with you (such as an employment agreement or an offer of employment, if you are considered for employment);
  • the processing is necessary for our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms (such as to ensure a safe working environment for all our staff, and to ensure the reliability of our candidates, and otherwise to administer and process your application, or to communicate with you about your application); or
  • we have your consent to do so.

Where we collect and process special categories of data (for example, race, health), then we will only process such information:

• • where we reasonably need to do so in order to comply with our legal obligations as a prospective employer;
  • where we need to do so in order to assess your working capacity and whether we need to provide appropriate adjustments to the recruitment process (for example, whether adjustments need to be made during a test or interview);
  • where it is needed in the public interest, such as, in some circumstances, for meaningful equal opportunities monitoring and reporting;
  • where we need to do so to protect your or another person’s vital interests (and we are unable to obtain your consent); or
  • where you have given us your consent.

California only

Certain information we collect may also be considered “Sensitive Personal Information” under the California Consumer Privacy Act (“CCPA”). We collect and process such information only for our legitimate business purposes and do not process such information for purposes for which the “right to limit” applies under the CCPA.

California law also places certain obligations on businesses that “sell” personal information to third parties or “share” personal information with third parties for “cross-context behavioral advertising” as those terms are defined under the CCPA.  We do not “sell” or “share” the personal information covered by this Notice and have not done so in the twelve months prior to the effective date of this Notice.

If you fail to provide information which is necessary for us to consider your application (such as evidence of qualifications or work history) when requested, we will not be able to process your application successfully. For example, if we require a background check or references for the role you apply for and you fail to provide us with relevant details, we will not be able to take your application further.

Unless prohibited under applicable law, we conduct background checks of all our potential Conviva employees if an offer is extended and such checks include searches of prior criminal convictions. If requested, you will be provided with a copy of the conducted search results.

As part of the recruitment process, we may engage a third party provider to carry out background checks on our behalf relating to criminal convictions (in the UK, these are referred to as ‘DBS checks’); education history; prior employment history and global sanctions and enforcement. We and our third party provider rely upon your explicit consent as the appropriate ground and condition for processing of such data.

We only use information relating to criminal convictions in accordance with applicable law and for the purpose for which you have consented. This will usually be where such processing is necessary in the course of our legitimate business interests to carry out our obligations, where it is necessary in relation to legal claims, to protect your interests (or someone else’s interests) or where you have made the information public and provided we put appropriate safeguards in place and in line with our data protection and information handling policy.

We may disclose certain personal information to the following types of entities or in the following circumstances (where applicable):

• • Internally: to employees within Conviva that participate in the recruitment process, such as HR managers and employee interviewers.
  • Vendors: such as background check companies, security providers, information technology providers, travel management companies, and employment businesses (e.g., recruiting contractors or agency workers) that provide us with services relevant to recruiting and hiring.
  • Recruiters: to the extent you are working with a recruiter in connection with your application for employment and your recruiter is authorized by you to obtain feedback from us regarding your application and interview process.
  • Legal compliance and exercising legal rights: (i) when required to do so by law, regulation, or court order, (ii) in response to a request for assistance by the police or other law enforcement agency, (iii) to seek legal advice from our external lawyers or in connection with litigation with you or a third party, or (iv) as otherwise necessary to exercising our legal rights or to protect the Conviva or its employees.
  • Business transaction purposes: in connection with the sale, purchase, or merger of all or a portion of Conviva.
  • Consent: with your consent and as permitted by law, we may disclose personal information to any other parties in any other circumstances.

Any third parties with whom we share your personal information are limited (by applicable law and by contract) in their ability to use your personal information and the purposes for which they use it. In respect of third party service providers who are processing data on our behalf, we only permit them to process personal data for specified purposes and in accordance with our instructions.

Please note that this section only applies if you are located in, or potentially applying for, roles in the UK or the EEA.

Personal information may be processed outside the UK and the EEA by staff operating outside of the UK and the EEA working for us, or other members of our group or third party data processors located outside of the UK and the EEA, for the purposes mentioned in this Notice. Please be aware that countries which are outside the UK and the EEA may not offer the same level of protection for personal information as in the UK and the EEA, although our collection, storage and use of your personal information will continue to be governed by this Notice. By providing us with your personal information you acknowledge any such transfer, storage and use.

If we provide any personal information about you to any such non-UK and non-EEA members of our group (including Conviva Inc.) or third party data processors, we will take appropriate measures to ensure members of our group and our service providers protect your personal information adequately in accordance with this Notice.  These measures include:

1. • entering into UK Government and/or European Commission approved (as applicable) standard contractual arrangements with them; or
   • ensuring that the country in which your personal information will be processed has been deemed “adequate” by the relevant UK authorities and/or by the European Commission (as applicable).

Further details on the steps we take to protect your personal information in these cases is available from us on request by contacting us by email at [email protected] at any time.

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors, and other third parties who have a business need-to-know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention, and that decision produces a legal or similarly significant effect on you (for example, this would be the case if we decided whether to offer you a job solely based on automated processing of your personal information). We do not engage in that type of automated decision-making and we will notify you in writing if this position changes.

The personal information we collect from job candidates will be retained until we determine it is no longer necessary to satisfy the purposes for which it was collected and will be securely destroyed after that time (in accordance with applicable laws and regulations) except where we need to keep any personal information to comply with our legal obligations, resolve disputes, or pursue or defend any claims.

As described above, these purposes include our business operations and complying with reporting, legal and accounting obligations.  In determining how long to retain information, we consider the amount, nature and sensitivity of the information, the potential risk of harm from unauthorised use or disclosure of the personal information, the purposes for which we process the personal information and whether we can achieve those purposes in other ways, limitation periods for the bringing of claims where the data may be evidentially relevant and the applicable legal requirements, and our legitimate interests.

Where personal information is kept beyond the time that we normally would need to keep it, that period will be determined based on the applicable local law.  Because we may collect and use the same category of personal information for different purposes and in different contexts, and because rules differ by jurisdiction, there is not typically a fixed retention period that always will apply to a particular category of personal information.

To provide security and business continuity for the activities described in this Notice, we make backups of certain data, which we may retain for longer than the original data.

To the extent provided for by relevant local law and subject to applicable exceptions, you may have the following rights in relation to the personal information we collect:

• • Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example, if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal information to another party.
  • Provide us with instructions regarding management of your personal information after your death.
  • Withdraw your consent to our collection and processing of your information at any time.
  • Lodge a complaint at any time to the data protection supervisory authority in the location where you are based, for example in the UK, the Information Commissioner’s Office (ICO), and in Spain, the Spanish Data Protection Agency.

You also have the right not to be discriminated against (as provided for in California law) for exercising your rights.

If you wish to exercise any of these rights, please contact [email protected], submit a form, or contact us at 1-888-203-0378. We may request proof of identification to verify your request.

If you are an agent making a request on behalf of a candidate, we reserve the right to take steps to verify that you are authorized to make that request, which may include requiring you to provide us with written proof such as a notarized authentication letter or a legally sufficient power of attorney signed by the data subject pursuant to California Probate Code sections 4121 to 4130, or other written authorization acceptable to us.  We also may require the candidate to verify their identity directly with us where permitted.  We are not responsible for the security risks of this or any other arrangements that a candidate may have with an agent.  For clarity, this is not permission for any applicant to disclose their login credentials to an agent or any third party. Such disclosure is prohibited and is not required for an agent to make requests under this Notice.

For security and legal reasons, however, Conviva reserves the right not to accept requests that require us to access third-party websites or services.

This Notice does not form part of any contract of employment or other contract to provide services. We may update this Notice at any time.

If you require clarification regarding this Notice, or need to access it in an alternative format, please contact [email protected].