CCPA Privacy Notice for California Residents

Last Updated: December 17, 2019

This section of the Privacy Policy is required by the California Consumer Protection Act (“CCPA”) and applies to California residents.

Information SmartRecruiters Collect

SmartRecruiters collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. In particular, SmartRecruiters has collected the following categories of personal information from consumers within the last 12 months:

Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the CCPA’s scope, like:
• health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
• personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

SmartRecruiters obtains the categories of personal information listed above from the following categories of sources:

• Directly from our clients or their agents. For example, from information that You provide our customers
• Indirectly from our clients or their agents. For example, through information SmartRecruiters collects from our customers in the course of providing services to them.
• Directly and indirectly from activity on SmartRecruiters’ website (www.smartrecruiters.com). For example, from submissions through our SmartRecruiters website portal or SmartRecruiters website usage details collected automatically.
• Directly from You if you provide Your personal information to us.

Use of Personal Information

SmartRecruiters may use or disclose the personal information SmartRecruiters collects for one or more of the following business purposes:

• To fulfill or meet the reason for which the information is provided. For example, if You provide SmartRecruiters with personal information in order for SmartRecruiters to allow You to apply for jobs with our customers, SmartRecruiters will use that information to submit it to our customers.
• To provide You with information, products or services that You request from SmartRecruiters.
• To provide You with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to You.
• To carry out our obligations and enforce our rights arising from any contracts entered into between You and SmartRecruiters.
• To improve SmartRecruiters’ website and present its contents to You.
• For testing, research, analysis and product development.
• As necessary or appropriate to protect the rights, property or safety of SmartRecruiters technology or our customers or others.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to You when collecting Your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by SmartRecruiters is among the assets transferred.

SmartRecruiters will not collect additional categories of personal information or use the personal information SmartRecruiters collected for materially different, unrelated, or incompatible purposes without providing You notice.

Sharing Personal Information

SmartRecruiters may disclose Your personal information to a third party for a business purpose.  When SmartRecruiters discloses personal information for a business purpose, SmartRecruiters enters a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding 12 months, SmartRecruiters has disclosed the following categories of personal information for a business purpose:

• Identifiers.
• California Customer Records personal information categories.
• Protected classification characteristics under California or federal law.
• Professional or employment-related information.
• Internet or other electronic network activity information.

SmartRecruiters discloses Your personal information for a business purpose to the following categories of third parties:

• Our affiliates.
• Service providers.
• Partners.
• Third parties to whom You or Your agents authorize SmartRecruiters to disclose Your personal information in connection with products or services SmartRecruiters provide to You.

In the preceding 12 months, SmartRecruiters has not sold any personal information.

Your Rights and Choices

The CCPA provides California residents with specific rights regarding their personal information. This section describes Your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights
You have the right to request that SmartRecruiters disclose certain information to You about our collection and use of Your personal information over the past 12 months. Once SmartRecruiters receives and confirms Your verifiable consumer request, SmartRecruiters will disclose to You:

• The categories of personal information SmartRecruiters collected about You.
• The categories of sources for the personal information SmartRecruiters collected about You.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom SmartRecruiters shares that personal information.
• The specific pieces of personal information SmartRecruiters collected about You (also called a data portability request).
• If SmartRecruiters sold or disclosed Your personal information for a business purpose, two separate lists disclosing:
• sales, identifying the personal information categories that each category of recipient purchased; and
• disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights
You have the right to request that SmartRecruiters delete any of Your personal information that SmartRecruiters collected from You and retained, subject to certain exceptions. Once SmartRecruiters receives and confirms Your verifiable consumer request, SmartRecruiters will delete (and direct our service providers to delete) Your personal information from our records, unless an exception applies.

SmartRecruiters may deny Your deletion request if retaining the information is necessary for SmartRecruiters or our service providers to:

• Complete the transaction for which SmartRecruiters collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise their free speech rights, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if You previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which You provided it.

Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to SmartRecruiters by either:

• Calling SmartRecruiters at 601.326.1000, Service Code 641.
• Visiting smartrecruiters.com

Also:

• Go the Candidate Portal: You can see all of Your profile and applications You’ve made

• You can modify Your profile by going to the “My SmartProfile” section:

• Deletion: You can withdraw and delete Your profile at each company You applied for:

Please note that SmartRecruiters will transmit Your request to the Customers You applied.  In some cases, they may decide to keep Your application data in compliance with their own legal obligations. To find more about these obligations, SmartRecruiters encourage You to contact them directly. Contact information should be found in each company’s privacy policy linked at the bottom of Your application or via their corporate website.

• Right to data portability: You can export Your profile in a machine-readable format [Picture]

Only You or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable consumer request related to Your personal information. You may also make a verifiable consumer request on behalf of Your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows SmartRecruiters to reasonably verify You are the person about whom SmartRecruiters collected personal information or an authorized representative.
• Describe Your request with sufficient detail that allows SmartRecruiters to properly understand, evaluate, and respond to it.

SmartRecruiters cannot respond to Your request or provide You with personal information if SmartRecruiters cannot verify Your identity or authority to make the request and confirm the personal information relates to You.  Making a verifiable consumer request does not require You to create an account with us.  SmartRecruiters will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format
SmartRecruiters endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If SmartRecruiters requires more time (up to 90 days), SmartRecruiters will inform You of the reason and extension period in writing.  If You have an account with us, SmartRecruiters will deliver our written response to that account.  If You do not have an account with us, SmartRecruiters will deliver our written response by mail or electronically, at Your option.  Any disclosures SmartRecruiters provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.  The response SmartRecruiters provides will also explain the reasons SmartRecruiters cannot comply with a request, if applicable.  For data portability requests, SmartRecruiters will select a format to provide Your personal information that is readily useable and should allow You to transmit the information from one entity to another entity without hindrance.

SmartRecruiters does not charge a fee to process or respond to Your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If SmartRecruiters determines that the request warrants a fee, SmartRecruiters will tell You why SmartRecruiters made that decision and provide You with a cost estimate before completing Your request.

Non-Discrimination

SmartRecruiters will not discriminate against You for exercising any of Your CCPA rights. Unless permitted by the CCPA, SmartRecruiters will not:

• Deny You goods or services.
• Charge You different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide You a different level or quality of goods or services.
• Suggest that You may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to this Privacy Policy:

SmartRecruiters reserve the right to change this Privacy Policy at any time. SmartRecruiters will notify You of significant changes by sending a notice to the primary email address specified in Your account or by placing a prominent notice on our site. Significant changes will go into effect two weeks following such notification. Non-material changes or clarifications will take effect immediately. SmartRecruiters encourage You to check our site and this Privacy Policy for updates.