Bynder Employee/Candidate Privacy NoticeDecember 30, 2019
Scope and Overview
The California Consumer Privacy Act of 2018 (“CCPA”) requires certain businesses that collect Personal Information on California consumers (as defined in the CCPA) to, at, or before the point of collection, inform consumers as to the categories of Personal Information to be collected and the purposes for which the categories of Personal Information shall be used.
This Employee/Candidate Privacy Notice (“Notice”) describes how Bynder LLC (“Bynder,” “we,” or “us”) collects and uses, Personal Information when California consumers apply for or accept employment with Bynder. This Notice applies to job applicants and to current and former (full or part-time) employees, workers, contractors, and agents of Bynder only and applies to all employment positions to which you apply. For purposes of this Notice, the term “Personal Information” refers to any information, or a combination of pieces of information, that allow you to be identified, and that is subject to, or otherwise afforded protection under, an applicable data protection law.
This Notice describes the categories of Personal Information we collect, how we use that Personal Information, and when we may disclose your Personal Information to third parties. We will use your Personal Information only in accordance with this Notice, unless otherwise required by applicable law. We will take steps to ensure that the Personal Information we collect about you is adequate, relevant, not excessive, and used for limited purposes.
Collection of Personal Information
Bynder may collect Personal Information from: you (the candidate or employee), our recruitment vendors, background and credit check providers, public agencies responsible for assisting in the employment eligibility and verification process, publicly available sources, and your identified references. We may collect and process the following categories of Personal Information about you:
Applicant Information: When you apply for employment with Bynder we may collect:
- contact information including name, title, residential or postal address, telephone number, and personal email address;
- the information in your resume, cover letter, or other application materials, or additional information provided by you during the course of your interview or other engagement with us;
- details regarding the type of employment sought, willingness to relocate, as well as job, compensation, and benefits preferences;
- information related to your background, criminal record, credit, or other information provided by your references, or other third parties, related to your employment history, skills, or qualifications;
- information related to previous applications to Bynder, or previous employment history with Bynder; and
- potentially sensitive information including information about your race, ethnicity, national origin, health, including, but not limited to, any medical condition, health, or sickness records, and data about your criminal convictions and offenses.
Employee Information: When you are offered or continue your employment with Bynder we may collect:
- personal and business contact information (including name, home address, work address or location, phone number, and email address);
- financial information (including bank account and salary details);
- recruitment, pre-employment, and employment information including background checks, employment history, educational history, career profiles, attendance records, performance appraisals, corrective actions, benefits-related information and information concerning retirement, resignation, and other types of termination, job title and description, date of hire, working status, employment hours and any written agreements between the employee and Bynder;
- information relating to work-related claims, internal investigations and disciplinary proceedings;
- information held for employment law and health and safety purposes; and
- communications data and other data stored on, or transmitted through, Bynder’s information resources (including phone call logs, emails, and internet browsing history); photographs and visual images; driver’s license information; business travel and expense reporting information; and other similar information.
Third Party Information: Bynder may collect and process personal information from you about third parties including: emergency contact information, beneficiary information, including potentially sensitive sexual orientation and medical information, reference information and other similar information.
Collection of Other Information
How We Use Personal Information
We use your Personal Information, as applicable law permits, or requires, to satisfy our employment, employment application and recruitment process, or our other legitimate business interests. For example, we may use your Personal Information for the following purposes:
- identifying and evaluating job applicants, including assessing skills, qualifications, and interests;
- verifying your information and completing employment, background and reference checks, which may be subject to your consent where required by applicable law;
- communicating with you about the recruitment process and your application;
- complying with our legal, judicial, regulatory, administrative, or other corporate requirements, including, but not limited to, requirements mandating that we conduct criminal record, or other background checks;
- analyzing and improving our application and recruitment process;
- accommodating individuals who may have specialized needs during the employment process;
- staffing and organizational planning (including recruitment, retention, and succession planning);
- personnel management and administration;
- verification of references and qualifications;
- processing payroll, withholding taxes (or addressing other income tax matters), administering other required withholdings, or complying with various reporting or disclosure obligations under applicable law;
- designing, evaluating, or administering compensation and benefits (such as salary, bonuses, pensions, medical benefits, insurance policies, vacation, and leaves of absence or other leave entitlements) or other human resources programs;
- designing, evaluating, or implementing employment-related education and training programs;
- facilitating, monitoring, or evaluating employee conduct, attendance, and performance;
- facilitating business communications, negotiations, transactions, conferences, and travel;
- preparing for, facilitating, executing, or otherwise supporting any transaction or potential transaction involving all or a portion of the business;
- facilitating employee investigations (including suspected misconduct or non-performance of duties);
- maintaining and improving workplace and employee safety, health, and security (including security systems);
- monitoring compliance with company policies, procedures, and processes;
- facilitating compliance with contractual and legal obligations;
- facilitating diversity objectives and compliance with diversity requirements;
- authorizing, granting, administering, monitoring, improving, and terminating access to, use of, or the efficiency of Bynder’s electronic systems, information resources, facilities, records, property, and infrastructure to the extent permitted and in compliance with law;
- budget planning and administration;
- protecting Bynder’s assets, including and, in connection with, internal investigations, through the (i) monitoring and review of email, communications, and information on Bynder’s information resources to the extent permitted by, and in compliance with, law; (ii) backup or storage of information on Bynder’s desktops/laptops and other Bynder’s information resources; and (iii) authentication of employees’ identities and the implementation of security measures;
- facilitating decision-making with regard to employees to the extent permitted and in compliance with law;
- maintaining global employee directories, emergency contact information, and beneficiary details;
- preparing for, defending, or participating in litigation or potential litigation;
- understanding and improving business operations; facilitating and providing services for the relocation and movement of employees and family members;
- conducting auditing, accounting, financial, or economic analyses;
- maintaining and/or retaining current and former employees’ and job candidates’ business and employment records;
- when relevant to the job function of the employee, supplying business contact information, including names, images, and other business contact information by means of website posting, business cards, brochures, or other promotional media to Bynder’s current and potential employees, customers, suppliers, contractors, joint venture partners, teammates, or other business associates;
- complying with applicable law and other legal requirements;
- other reasons permitted or required by law; and
- protecting the rights and property of Bynder, other job applicants, employees, or the public, as required, or permitted, by law.
We will use your Personal Information only in accordance with this Notice, and we do not sell your Personal Information for any business reason or other purpose. If we need to use your Personal Information for an unrelated purpose, we will, to the extent practicable, provide notice to you and, if required by law, seek your consent. We may use your Personal Information without your consent, where permitted by applicable law or regulation.
We will disclose your Personal Information within Bynder to appropriate officials who are involved in the employment application and recruitment process. We may also disclose your Personal Information to our designated agents, or third-party service providers, who require such information to assist us with administering our employment application and recruitment process, including, but not limited to, obtaining employment verification and background checks. We will share your Personal Information with third parties when required to do so by law, or by regulatory requirements to which you, or we, are subject, where it is necessary to administer our working relationship with you or where we deem it necessary for the operation of our business.
We may also share your Personal Information with potential acquirers or investors of Bynder, or the business area in which you work. We may share your Personal Information in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some, or all, of Bynder’s practice or assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Bynder, in any form or format, is among the assets transferred.
We Do Not Sell Your Data
We do not sell or rent Personal Information that we have collected or retain about you to any other third-party for any purpose. Accordingly, we do not offer individuals the ability to “opt-out” of the selling or renting of Personal Information because we do not engage in those practices.
Your Rights to Your Personal Information
You have the following rights to your Personal Information:
- the right to access, and to know both the categories of Personal Information and the specific Personal Information we collect;
- the right to have your Personal Information deleted, subject to some legal limitations;
- the right to request disclosure of the Personal Information collected; and
- the right to disclosure of Personal Information we have disclosed for valuable consideration.
Bynder will not discriminate against you in any unlawful way for exercising any of your rights under the CCPA.
With regard to any Personal Information that you provide Bynder, regardless of whether that Personal Information relates to you or a third party, you must ensure, on a continuing basis, that (i) such Personal Information is accurate, relevant, and complete, (ii) you have the lawful basis to provide Bynder with such Personal Information, and (iii) you have provided this Notice to, and/or received, consent from, any third party whose Personal Information you have provided Bynder.
For applicants, if you choose not to provide us the Personal Information that is necessary for us to consider your applications (e.g., evidence of qualifications or work history) or set up your human resources profile, then we will not be able to process your application. For current employees, we need continued access to Personal Information necessary for us to meet our legal and contractual obligations (e.g., name, financial information, and performance reviews) to continue employing you. You acknowledge and agree that Bynder shall not be held liable for any consequence directly resulting from these circumstances.
This Notice does not form part of any contract of employment or other agreement to provide services, and nothing in this Notice shall be construed to (in any way) terminate, supersede, undermine, or otherwise modify the status of the employment or professional relationship between you and Bynder, pursuant to which Bynder may terminate the employment or professional relationship at any time, with or without cause, and with or without notice. Bynder may amend or update this Notice from time to time and we will, when necessary and appropriate, notify you of such amendments and updates.
If you have questions, concerns, or comments related to how Bynder processes your Personal Information, including whether you would like to exercise the rights described herein, please call us at (877) 460-2314 or email us at [email protected]