Applicant Privacy Policy and Notice
Effective Date: February 3, 2023
Overview
Participant, including its subsidiaries and affiliates (“we”, “us”, “our”, the “Company”) values your privacy. In this Applicant Privacy Policy and Notice (“Applicant Privacy Policy”), we describe what information we collect from you (“you” or “your”) in connection with your application of employment, internship or fellowship with the Company, why we collect it and use it, and your rights with respect to this information. This Applicant Privacy Policy applies whether you apply online through our website at www.participant.com (the “Site”), through a third-party job board, by email or in person.
This Applicant Privacy Policy contains the policies, procedures, and practices to be followed by the Company pertaining to the collection, use, and disclosure of the personal information and data (“Personal Information”) of an identifiable person that applies for employment, internships or fellowships with the Company.
Please note this Applicant Privacy Policy is not intended to constitute any offer of employment, internship or fellowship by the Company. If you are subsequently employed by the Company, we may collection additional Personal Information from you, which will be subject to our Employee Privacy Policy. In addition, your activities on our Site will also be governed by our Privacy Policy at https://participant.com/privacy-policy.
If you have any questions regarding this Applicant Privacy Policy, please do not hesitate to reach out to Human Resources. Our goal is to make sure that you understand your rights and our obligations under this Applicant Privacy Policy.
California residents should review the Company’s notice below required under the California Consumer Privacy Act.
We are a U.S. company with our headquarters in Culver City, California. This means that Personal Information may be used, processed, and transferred to Culver City, California and other states and territories, and that these jurisdictions may not offer the same level of data protection as the jurisdiction where you reside.
However, we will ensure that appropriate or suitable safeguards are in place to protect your Personal Information and that the transfer of your Personal Information is in compliance with applicable privacy and data protection laws.
Who is Collecting your Personal Information?
The Company will be the entity that is responsible for collecting your Personal Information.
What is Personal Information?
Personal Information, also known as personally identifiable information or personal data, for purposes of this Applicant Privacy Policy means any information that (i) directly and clearly identifies an individual, or (ii) can be used in combination with other information to identify an individual. Personal Information does not include such information if it is anonymous or if it has been rendered de-identified by removing personal identifiers.
Please note that for California residents, the term Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer or household.
What Personal Information Do We Collect?
We may collect and maintain different types of Personal Information about you in in connection with your application and in accordance with applicable law. This includes the following:
- Your resume (which may include your employment history and educational background), full name, email, address, and phone number, current company, LinkedIn or other social media URL, cover letter, gender, race, and veteran status.
- We may collect information about your past employment or education from references that you provide.
- We may also conduct background checks using a credit reporting agency, but will request your consent to do so.
- We may collect further information about you in connection with any interview that we may conduct with you.
- We may create inferences based on information we collect about you during the interview process.
How We Collect Personal Information?
Generally, we collect Personal Information directly from you in circumstances where you provide Personal Information (such as in your application or during the interview process, for example). However, in some instances, the Personal Information we collect has been inferred about you based on other information you provide us, through your interactions with us, or from third parties. When we collect your Personal Information from third parties (such as from background checks or from your references) it is either because you have given us express consent to do so, your consent was implied by your actions (e.g., your use of a third-party job board where a position is posted or from a recruiter or placement agency), or because you provided explicit consent to the third party to provide the Personal Information to us.
How Do We Use Your Personal Information?
We may collect and process your Personal Information in our systems for various purposes, including:
- Processing of applications for employment, internships and fellowships;
- Recruitment, training, development, promotion, career and succession planning;
- Appropriate vetting for recruitment and team allocation including, where relevant and appropriate credit checks, right to work verification, identity fraud checks, relevant employment history, relevant regulatory status and professional qualifications;
- Complying with applicable laws and regulations;
- Monitoring programs to ensure equality of opportunity and diversity with regard to personal characteristics protected under local anti-discrimination laws;
- Supporting HR administration and management and maintaining and processing general records necessary to manage the employment or worker relationship and operate the contract of employment or engagement;
- Enforcing our legal rights and obligations, and for any purposes in connection with any legal claims made by, against or otherwise involving you;
- Complying with lawful requests by public authorities (including without limitation to meet national security or law enforcement requirements), discovery requests, or where otherwise required or permitted by applicable laws, court orders, government regulations, or regulatory authorities (including without limitation data protection, tax and employment), whether within or outside your state; and
- Other purposes permitted by applicable privacy and data protection legislation including where applicable, legitimate interests pursued by the Company where this is not overridden by the interests or fundamental rights and freedoms of employees.
Sharing Personal Information
Your Personal Information may be shared, including to our affiliates, subsidiaries, and other third parties, as follows:
- Where you request us or provide your consent to us.
- To vendors and service providers that we use to perform certain functions for us or carry out the uses of Personal Information described above. For example, we use a service called Lever to process job applications on our Site. You can view their privacy policy at www.lever.co/privacy.
- We may buy or sell businesses and other assets. In such transactions, Personal Information is generally one of the transferred business assets and we reserve the right to include your Personal Information as an asset in any such transfer. Also, in the event that we, or substantially all of our assets, are acquired, your Personal Information may be one of the transferred assets. We may also disclose your Personal Information to our professional advisors (e.g. bankers, lawyers, accountants) and potential buyers in connection with such transactions.
- Where required by law, by order or requirement of a court, administrative agency, or government tribunal, which includes in response to a lawful request by public authorities, including to meet national security or law enforcement requirements or in response to legal process.
- If we determine it is necessary or desirable to comply with the law or to protect or defend our rights or property.
- As necessary to protect the rights, privacy, safety, or property of an identifiable person or group or to detect, prevent or otherwise address fraud, security or technical issues, or to protect against harm to the rights, property or safety of the Company, our users, applicants, candidates, employees or the public.
- Where the Personal Information is public.
- To seek advice from our lawyers and other professional advisors.
Resolving Concerns
If you have questions or concerns regarding the handling of your Personal Information please contact Human Resources. Alternatively, you may report concerns or complaints to privacy@participant.com
Changes to Applicant Privacy Policy
We may change this Applicant Privacy Policy at any time. If we do so, we will inform you via the email you provided to us with your application. The effective date of this Applicant Privacy Policy is identified above.
Data Security and Monitoring
We implement commercially reasonable physical and electronic security measures to protect against the loss, theft, misuse and unauthorized access, disclosure, destruction, and alteration of your Personal Information. Nevertheless, transmission via the Internet and online digital storage are not completely secure and we cannot and do not guarantee the security of your Personal Information.
Privacy Notice under the California Privacy Rights Act (“California Notice”)
If you are a California resident, this serves as our privacy notice to you in compliance with the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”). We will refer to the CCPA and CPRA collectively as “California Privacy Laws”.
This California Notice refers only to rights under the California Privacy Laws. However, other California laws may govern access to certain employment records. For example, California Labor Code Section 1198.5 governs an employee’s right to inspect and receive a copy of certain personnel records the employer maintains relating to the employee’s performance or any grievance concerning the employee. We reserve the right to object to a request under this California Notice to the extent it conflicts with obligations we may have such other California laws or under federal laws.
Under the California Privacy Laws, Personal Information for purposes of this California Notice is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
Notice at Collection and Notice of Personal Information Collected in the Past 12 Months
We may collect from you and in the past 12 months have collected from applicants the following categories of Personal Information, for the following purposes, and from the following categories of sources:
| Category | Collected | Business or Commercial Purpose | Categories of Sources or Personal Information |
|---|---|---|---|
| A. Identifiers | YES. See “What Personal Information Do We Collect?” subsection above. | See “How We Use Your Personal Information?” subsection above. | Directly from you, former employers, recruiters, third-party job boards and references. |
| B. Personal information categories listed in theCalifornia Customer Records statute (Cal. Civ. Code § 1798.80(e)). | YES. See “What Personal Information Do We Collect?” subsection above. | See “How We Use Your Personal Information?” subsection above. | Directly from you, former employers, recruiters, third-party job boards and references. |
| C. Protected classification characteristics under California or federal | YES. See “What Personal Information Do We Collect?” subsection above. | See “How We Use Your Personal Information?” subsection above. | Directly from you. |
| D. Commercial information. | NO | NOT APPLICABLE | NOT APPLICABLE |
| E. Biometric Information | NO | NOT APPLICABLE | NOT APPLICABLE |
| F. Internet or other similar network | YES. See “What Personal Information Do We Collect?” subsection above. | See “How We Use Your Personal Information?” subsection above. | Directly from your use of our Site. |
| G. Geolocation Data | NO | NOT APPLICABLE | NOT APPLICABLE |
| H. Audio, electronic, visual, thermal, olfactory, or similar information | YES. See “What Personal Information Do We Collect?” subsection above. | See “How We Use Your Personal Information?” subsection above. | Directly from you. |
| I. Professional or employment-related information. | YES. See “What Personal Information Do We Collect?” subsection above. | See “How We Use Your Personal Information?” subsection above. | Directly from you, former employers, recruiters, third-party job boards and references. |
| J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). | YES. See “What Personal Information Do We Collect?” subsection above. | See “How We Use Your Personal Information?” subsection above. | Directly from you, recruiters and references. |
| K. Inferences drawn from other Personal Information. | YES. See “What Personal Information Do We Collect?” subsection above. | See “How We Use Your Personal Information?” subsection above. | Created internally or received from recruiters and references. |
| L. Sensitive Personal Information. | YES. See “What Personal Information Do We Collect?” subsection above. | See “How We Use Your Personal Information?” subsection above. | Directly from you or recruiters. |
Notice of Personal Information Sold or Shared to Third Parties In the Past 12 Months
We will not sell or share your Personal Information (for cross-context behavioral advertising) and have not sold or shared (for cross-context behavioral advertising) your Personal Information with third parties in the past 12 months. We will not sell or share and have not sold or shared Personal Information of any individual under 16 years old.
Statement of Disclosure of Personal Information in the Past 12 months
We have not disclosed Personal Information to third parties in the past 12 months, except to recruiters in connection with processing of job applications and reporting the outcome of the same. We do disclose Personal Information to service providers in connection with processing of applications as noted above.
Statement Regarding Use and Disclosure of Sensitive Personal Information
The Company does not use or disclose sensitive Personal Information to infer characteristics or for purposes other than those specified in the California Privacy Laws.
Retention of Personal Information
If you are hired by the Company, we generally retain your Personal Information for the period of your employment and thereafter as required by law or in accordance with our document retention policies. If you are not hired by the Company, will generally retain your Personal Information for four (4) years for purposes of recruitment and future applications, and thereafter as required by law or in accordance with our document retention policies.
Your Rights Under California Privacy Laws
You have the following rights under California Privacy Laws:
- The right to know what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom we have disclosed Personal Information, and the specific pieces of Personal Information we have collected about you (“Request to Know”);
- The right to delete Personal Information that we have collected from you, subject to certain exceptions (“Request to Delete”);
- The right to correct inaccurate Personal Information that we maintain about you (“Request to Correct”); and
- The right not to receive discriminatory treatment by the business for the exercise of privacy rights conferred by the CPRA, including your right not to be retaliated against for the exercise of your CPRA rights.
You also have the right to opt-out of the sale or sharing of your Personal Information or limit the use or disclosure of your sensitive Personal Information. However, we are not required to offer such an opt-out or right to limit because (a) we do not sale or share your Personal Information and (b) we do not infer characteristics based on your sensitive Personal Information.
Methods For Submitting Requests to Know, Correct, and Delete
You may submit Requests to Know, Requests to Correct, and Requests to Delete in one of the following methods: (a) sending an email to privacy@participant.com; or (b) by calling the following toll free number 800.250.2383. You cannot submit a Request to Know more than twice in a 12‐month period.
Verification of Requests
We will need to verify your identity to respond to Requests to Know, Requests to Correct and Requests to Delete. Depending on the nature of the request and the Personal Information that is the subject of the request, we may request two or more pieces of Personal Information for the purpose of verifying the consumer together with a signed declaration under penalty of perjury that the requestor is the consumer whose Personal Information is the subject of the request.
Authorized Agent
As a California resident, you have the right to designate an agent to exercise these rights on your behalf. In such a case, we may require you to do either of the following: (1) verify your own identity directly with us or (2) directly confirm with the business that you have provided the authorized agent permission to submit the request. Alternatively, you or your authorized agent can provide us a power of attorney pursuant to Probate Code sections 4121 to 4130. Please contact us at privacy@participant.com for more information if you wish to submit a request through an authorized agent.
Contact Us
If you have questions about our privacy policies or practices or this California Notice, please contact us at privacy@participant.com.
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