CPRA Candidate Policy

Privacy notice to California job applicants regarding the collection of personal information

Last Updated: November 29, 2023

Imply Data, Inc, and its subsidiaries and affiliates (the “Company,” “us” or “we”) are committed to protecting the privacy and security of the personal information you provide to us. Please read this Job Applicant Privacy Notice (the “Privacy Notice”) to learn how we collect and process your personal information when you apply for a job or other role with us. As a job applicant, you have the right to know and understand the categories of personal information we collect about you, and the purposes for which we use such personal information, pursuant to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, effective January 1, 2023 and applies solely to residents of the State of California (collectively the “CPRA”). This Privacy Notice only applies to job applicants who are residents of the State of California. The Company does not sell or otherwise disclose this personal information for monetary or other consideration to any third parties.

Categories of Personal Information Collected. This section sets forth the categories of “personal information” (as such term is defined under the CPRA) we may collect about you when you inquire about and/or apply for employment at Imply. In the preceding twelve (12) months, we have collected the following categories of personal information from one or more of the job candidates.

• Personal identifiers, such as your name, preferred name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, date of birth, and other similar identifiers.
• Personal Records, such as your signature, Social Security number, address, telephone number, education, employment or employment history.
• Protected characteristics, such as minority, veteran and disability status, through voluntary self-disclosure. Such information will only be collected as permitted by applicable law and will not be used to make hiring decisions.
• Internet or other similar network activity information, such as your IP address, log-in information or information regarding your interaction with a website, application or advertisement.
• Geolocation Data, such as IP addresses from which we can determine your general location.
• Sensory data, such as audio and visual information, for example if you use video interviewing as part of the application process. If you visit our facilities, your entry and exit may be monitored by CCTV.
• Professional or employment-related information, such as your work history, references, information about skills and abilities, accomplishments and awards, training and development information, performance evaluation information, and employment termination information.
• Education information, such as your education history, education records (such as grades, transcripts and class lists), and other information included in your resume or cover letter.
• Inferences drawn from other personal information, such as a profile reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.
• Other: Job interview notes, responses to screening questions, assessment results, and any other information you provide in connection with the recruitment process. We also collect legal and contractual information, such as information necessary to respond to law enforcement and governmental agency requests, comply with legal and contractual obligations, exercise legal and contractual rights, and initiate or respond to, or establish, exercise and defend, legal and contractual rights claims.

Sources of Personal Information

We collect personal information you voluntarily provide to us when you apply for a job or otherwise contact us in the recruitment context. If you are visiting our website or online job application, we may also automatically collect device information such as IP addresses and device identifiers.

We may also combine personal information collected from other sources with the personal information that you provide to us. For example, we may collect information from:

• Recruiters
• Prior employers (e.g., for references)
• Professional references you provide to us
• Educational institutions
• Pre-employment screening services
• Credentialing and licensing organizations
• Publicly available sources such as your social media profile (e.g., LinkedIn)
• Other sources as directed by you

We may combine information that we receive from the various sources described in this Notice, including third party sources and public sources, and use or disclose it for the purposes set forth in this Privacy Notice.

Use of Personal Information

We use the categories of personal information listed above for the following purposes:

• Process and manage your application: We use your personal information to process your job application, establish a job applicant profile for the recruitment process, assess your qualifications for a specific role with us, schedule and conduct interviews, communicate with you, and carry out background and reference checks (see the following bullet point for additional information). We may collect audio and visual information of job applicants through photographs used for identification purposes. With your consent, we may record video of you in connection with the application process, for example through a third-party screening service. Additionally, if you are offered a position with us, we may use your personal information in the employee on-boarding process.
• Conduct reference and background checks (as permitted by applicable law): We use personal information we collect to conduct reference checks and to evaluate your qualifications and experience. We may also conduct background checks (as authorized by you and permitted by applicable law).
• Provide immigration support: If applicable and as permitted by applicable law, we may collect your personal information to assist with immigration support, such as applying for visas or work permits.
• Analyze and improve our recruitment process and tools: For example, we analyze trends in our applicant pool, and use personal information to understand and improve our recruitment process and tools (including improving diversity and inclusion). If you use our online job application process, we collect personal information in this category, such as your interactions with our “Careers” page and our online application process. We collect IP address location information to better understand how candidates use our careers page and online application process.
• Record-keeping: We keep records of your personal information as required by law and in accordance with our record retention policies.
• Meeting legal requirements and enforcing legal terms: We collect and process your personal information for purposes of fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities; protecting the rights, property or safety of you, us or another party; enforcing any agreements with you; responding to claims; and resolving disputes. Additionally, we may use information about protected characteristics to analyze and monitor the diversity of our job applicants in accordance with applicable laws.
• Sensitive Personal Information: During the recruitment process, we generally do not collect or process any Sensitive Personal Information as defined in the CPRA. However, there are circumstances in which we are required or permitted by local law to process Sensitive Personal Information provided, however, any processing of your sensitive personal information in connection with your job application is based on your explicit consent. For example, Imply may be required to collect information about your racial/ethnic origin, gender and disabilities for the purposes of equal opportunities monitoring, to comply with anti-discrimination laws or for government reporting obligations. Similarly, information about your physical or mental condition may be collected in order to consider accommodations we need to make for the recruitment process and/or subsequent job role. You may also provide, on a voluntary basis, other Sensitive Personal Information during the recruiting process.  Please note that you can always withdraw your consent, although this may affect our ability to consider you for employment at Imply.

Disclosure of Personal Information

We may share your personal information as necessary for the purposes described in this Privacy Notice, including internally with our personnel involved in the hiring process. We make third party business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract.  We share, and during the past 12 months, we have shared for our business purposes the categories of personal information listed above to the following categories of third parties:

• Affiliates: We may share your personal information with our affiliates.
• Service Providers: We use service providers to operate, host and facilitate our hiring and recruitment process. These include hosting, technology and communication providers; security and fraud prevention consultants; analytics providers; background and reference check screening services; and hiring process management tools.
• Government authorities and law enforcement: In certain situations, we may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
• Business transfers: Your personal information may be transferred to a third-party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).
• Professional advisors: We may share your personal information with our professional advisors.
• Other: We may also share your personal information with third parties in conjunction with any of the activities set forth under “Meeting legal requirements and enforcing legal terms” in the “Use of Personal Information” section above.

Sale of Personal Information 

We do not sell (as such term is defined under the CPRA) your personal information to third parties. This means that we do not sell, rent, share, or otherwise disclose your personal information to third parties in exchange for monetary or other valuable consideration.

How long we retain your personal information 

We will only retain your personal information for as long as reasonably necessary to fulfill the purposes we collected it for, including satisfying any legal, regulatory, tax, accounting or reporting requirements. To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (e.g., because your personal information has been stored in backup archives), we will securely store your personal information and isolate it further from any further processing until deletion is possible. 

Your California Rights under the CPRA Subject to certain legal exceptions, the CPRA provides California residents with specific rights regarding their personal information. This section describes your CPRA rights and explains how to exercise those rights. 

Right to Know and Data Portability 

Subject to certain exceptions, you have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity, we will disclose to you: 1. The categories of personal information we collected about you; 2. The categories of sources for the personal information we collected about you; 3. Our business or commercial purpose for collecting that personal information; 4. The categories of third parties with whom we share that personal information, including identifying the personal information categories that each category of recipient obtained; and 5. The specific pieces of personal information we collected about you (also called a data portability request). To make a right to know and data portability request, please submit a request by emailing us at privacy@imply.io.

Right to Delete 

Subject to certain exceptions, you have the right to request that we delete any of your personal information that we collected from you and retained. Right to Correct Subject to certain exceptions, you have the right to correct inaccurate personal information that we maintain about you.

How to Exercise your CPRA Rights 

To exercise your rights to know, or delete or correct under the CPRA, please submit a request by emailing us at privacy@imply.io. Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. You may only submit a request to know twice within a 12-month period. Your request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in the request to verify the requestor’s identity or authority to make it. 

Response Timing and Format 

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another forty-five (45) days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. 

Non-discrimination 

We will not discriminate against you for exercising any of your CPRA rights. 

Updates 

We may amend this Privacy Notice from time to time. When we do, we will post the revised Privacy Notice on our website indicating when the Privacy Notice was last updated.

Contact for Questions

If you have any questions or concerns regarding this Privacy Notice or the collection of your personal information, please contact: privacy@imply.io. Job applicants with disabilities may access this notice in an alternative format by contacting, people@imply.io.