SpotHero Applicant Privacy Notice

Effective Date: January 1, 2023

Last Updated: January 1, 2023

Introduction & Application

At SpotHero, Inc. and SpotHero Canada Inc. (“SpotHero”) we are committed to respecting and maintaining your privacy in compliance with all applicable laws. This Applicant Privacy Notice describes the personal information that SpotHero collects from or about you, and how we use and to whom we disclose that information. Please note that SpotHero has adopted a series of privacy policies to address practices as related to different sets of individuals (e.g., customers, business partners, etc.). This Applicant Privacy Notice applies to the personal information of individuals who apply or are recruited for employment with SpotHero (collectively, “applicants” and each, an “applicant”), unless the personal information is collected, used or disclosed while using the SpotHero services as a consumer. Your rights as a consumer are covered by SpotHero’s privacy policies at spothero.com/legal/privacy-policy. If you are unsure of which privacy policy applies to you, or if you have any questions, please contact the SpotHero Legal & Compliance Team.

It is SpotHero’s policy to comply with all laws that apply to it, including laws related to the collection and use of personal information such as the California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). This Applicant Privacy Notice has a limited legal scope and application, and the rights and obligations contained in this Applicant Privacy Notice may not be available to all individuals or in all jurisdictions. Please also note that this Applicant Privacy Notice does not in any way limit any provision in any other SpotHero policies.

This Applicant Privacy Notice is not intended and shall not be read to create any express or implied promise or contract for employment, for any benefit, or for specific treatment in specific situations. Nothing in this Applicant Privacy Notice should be construed to interfere with SpotHero’s ability to process applicant data for purposes of complying with our legal obligations, or for investigating alleged misconduct or violations of company policy or law, subject to compliance with local legal requirements.

This Applicant Privacy Notice will be updated at least once every twelve (12) months to reflect changes in our business, legal or regulatory obligations, so please check periodically for changes. We will not collect additional categories of your personal information or use your personal information already collected for additional purposes without providing you with a notice of our intent to do so.

What is Personal Information and Sensitive Personal Information?

For purposes of this Applicant Privacy Notice, personal information is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with, a particular individual or household. Sensitive personal information is personal information that reveals, for example, an individual’s social security or passport number, an individual’s precise geolocation, an individual’s race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, or that concerns an individual’s health.

What Personal Information and Sensitive Personal Information Does SpotHero Collect from Applicants?

We may collect, maintain, and process different types of personal information from applicants during the application and recruitment process, including the personal information contained in the following categories:

Identifiers, including real name, alias, home address, unique personal identifiers, email addresses, and telephone numbers;
Professional or Employment-Related Information, including information from job application materials or recruiters, such as your job application, resume or CV, cover letter, professional qualifications, such as licenses, permits, memberships, and certifications, references, education history, work history, whether you are subject to prior employer obligations, information that referrers provide about you, work authorization documentation, and immigration status and other information that would allow us to verify your employment eligibility;
Education Information, including information about an applicant’s educational background, such as education records and transcripts that are not publicly available;
Inferences, including any information drawn from any of the personal information categories referenced above to create a profile about an applicant reflecting the applicant’s characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes;
Demographic Data, as set forth here: (i) Your date of birth and gender, as well as more sensitive personal information, including: (ii) Social security number; (iii) Driver’s license or state identification number; (iv) Passport number; (v) Health information, including information needed to understand and assess accommodation requests regarding potential disabilities or other health conditions; and (vi) Racial and ethnic origin. We process this category of personal information for a variety of reasons, including: (i) monitoring and ensuring diversity and equal treatment opportunity; (ii) providing appropriate accommodations; and (iii) complying with applicable law. Where the processing of this category of personal information is not required by law, we will seek your consent to process your information.

Providing personal information to us is voluntary. However, if you do not provide sufficient information, we may be unable to consider your application.

How Do We Collect Your Personal Information?

As a general rule, SpotHero collects personal information directly from you.

We may also collect your personal information from service providers and publicly available sources such as: job board websites, prior employers, professional references, employment agencies and recruiters, educational institutions, and public social media profiles.

If applicable and to the extent legally required, in circumstances where the personal information that we collect about you must be requested from a third party, such as a background or credit check provider, we will take reasonable steps to obtain your permission before we seek out this information from such sources (such permission may be given directly by you, or implied from your actions).

Why Do We Collect Your Personal Information?

The personal information collected is used and disclosed for purposes of engaging with you about SpotHero career opportunities, considering your application for employment, including candidate screening, interview scheduling and management, lawful background screening, and on-boarding, if you receive and accept an offer of employment with us. Specific uses include:

Recruitment Management, such as operating our careers website, recruiting, interviewing, and evaluating applicants, conducting lawful background screenings, accommodating disabilities or health conditions, communicating with you regarding your candidacy or opportunities with SpotHero.
To Comply with Applicable Law or Regulatory Requirements, such as legal (state, federal and provincial) and internal company reporting obligations, including equal opportunity monitoring.
To Comply with Lawful Requests for Information, sharing information with government authorities, law enforcement, courts or private parties where we have a good-faith belief it is necessary for the foregoing purposes.

We may also use your personal information without your knowledge or consent where we are required by applicable law or regulatory requirements to do so, or where we are requested under a bona fide legal or administrative process or as otherwise permitted under applicable law, including in the case of an emergency.

We will use your personal information only for the purposes for which it was collected, unless we reasonably need it for another compatible purpose and there is a legal basis for further processing.

When Do We Disclose Your Personal Information?

We may share your personal information with our subsidiaries and affiliates and other third parties, including service providers, as necessary for the business purposes described above.

For example, we may share your personal information with:

Companies that provide us with services that help us manage the recruiting process such as job boards, recruiters, interviewers, pre-employment screening providers, and recruitment analytics providers;
Service providers that assist us in our daily business operations such as Carta (equity grant administration), Greenhouse (recruiting and interviewing), DocuSign (signature and acknowledgement services), and Google (internal website and related services).
Subsidiaries and affiliates whose legitimate interests with respect to your candidacy align with ours.

When we share personal information with such parties we require that they only use or disclose such personal information in compliance with law and only for the services being provided. Please note that SpotHero reserves the right to work with additional service providers from time to time in the future. Unless you advise us otherwise in writing, we will presume that you have consented to SpotHero collecting, using and disclosing your personal information for the purposes stated in this Applicant Privacy Notice (including any other purposes stated or reasonably implied at the time such personal information was provided to us).

Your personal information may also be disclosed:

as permitted or required by applicable law or regulatory requirements;
to comply with valid legal processes such as subpoenas or court orders;
to protect the rights and property of SpotHero;
during emergency situations or where necessary to protect the safety of a person or group of persons;
where the personal information is publicly available;
to another party (or transferred to such party) in connection with a change in ownership of all or a part of SpotHero through, for example, an asset or stock sale, or some other form of business combination, merger or joint venture; or
otherwise with your consent, where such consent is required by law.

Categories of Information Disclosed

In the previous twelve (12) months, we have disclosed the following categories of personal information to our employees, subsidiaries and affiliates, and service providers for a business purpose, as further described above:

Identifiers
Professional or Employment-Related Information
Education Information
Demographic Data

Categories of Information Sold or Shared

In the previous twelve (12) months, we have not sold or shared for purposes of cross-context behavioral advertising any personal information collected pursuant to this Applicant Privacy Notice.

Cookies

Cookies and similar tracking technologies, such as beacons, scripts, web beacons and tags, are small bits of text, that are stored on browsers or devices by websites, apps, online media and advertisements. Our websites may use cookies and similar technologies to allow us to store and honor your preferences and settings, enable you to sign-in, combat fraud, and analyze how our websites and online services are performing.

You can learn more about our use of cookies by visiting our Cookie and Interest Based Advertising Policy. You can update your cookie settings by using our “Cookie Preference Center” tool available in our website footer.

Security

We utilize information technology security to keep the information that you provide to us secure. We also attempt to have privacy protection controls in place with our vendors in order to ensure that your personal information is protected from unauthorized access or disclosure. Notwithstanding, as effective as our reasonable security measures may be, no security system is impenetrable nor is any method of transmission over the Internet or via mobile device, or method of electronic storage, 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information we cannot guarantee its absolute security.

Third Parties

This Applicant Privacy Notice does not address, and we are not responsible for, the practices of any third parties, which have their own rules for how they collect and use your personal information. Our links to third party websites or services are not endorsements.

Where We Process and Store Your Personal Information

SpotHero is based in the United States of America (“U.S.”), and, regardless of where you are located, the personal information you provide to us may be transferred to and maintained on servers located in the U.S. Please note that any personal information we obtain about you will be stored in accordance with U.S. privacy laws, regulations and standards, which may not be equivalent to the laws in other countries.

Retention

We will store personal information in accordance with applicable laws or regulatory requirements and retain personal information for as long as necessary to fulfill the purposes for which the personal information was collected.

Revisions to this Applicant Privacy Notice

SpotHero may from time to time make changes to this Applicant Privacy Notice to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your personal information. Any changes to this Applicant Privacy Notice will be effective from the time and date that they are communicated; provided, that any change that relates to why we collect, use or disclose your personal information will not apply to you where your consent is required (under applicable law) to such collection, use or disclosure, until we have obtained your consent to such change. We encourage you to review this Applicant Privacy Notice from time to time.

Rights to Your Personal Information

If you are a California resident, you may have certain additional data privacy rights. Your rights may include the:

Right to Access: You have the right to request a copy of the specific pieces of personal information that we have collected about you in the previous twelve (12) months. The information will be delivered by mail or electronically. Upon receipt of a verifiable request, we will disclose:

The categories of personal information we have collected about you;
The categories of sources from which personal information is collected;
Our business purpose for collecting personal information;
The categories of third parties with whom we share personal information, if any; and
The specific pieces of personal information we have collected about you.

Right to Data Portability: You have the right to receive your personal information in a portable, readily usable format that allows you to transmit your information to another entity without hindrance. Note that any sensitive personal information will be removed by SpotHero before fulfilling your request.

Right to Correct Inaccurate Information: You have the right to request that we correct inaccurate information about you that we maintain.

Right to Deletion: You have the right request that we delete personal information that we have collected from you. We are not obligated to delete background or reference check results, performance evaluations, investigation reports, emails discussing you, or other personal information created by SpotHero or received from others.

Right to Be Free from Retaliation: You have the right to not be retaliated against by us for exercising any of your rights under the CCPA.

Application of the above rights may vary depending on the type of personal information involved, and SpotHero’s particular basis for processing the personal information. Please understand that SpotHero cannot delete personal information in those situations where our retention is required for our own internal business purposes or otherwise permitted by the CCPA (such as fraud prevention or legal compliance). In these situations, we will retain your information in accordance with our records retention program and securely delete it at the end of the retention period. In the event that we cannot delete your personal information, we will inform you of the reasons why.

To exercise your rights, please use one of the methods described below:

Visit us at the following Webform (Preferred);
Emailing us at legal@spothero.com

Please be aware that your rights (including those enumerated elsewhere in this Policy) are limited to the extent permitted by applicable law.

Interpretation of this Applicant Privacy Notice

Any interpretation associated with this Applicant Privacy Notice will be made by SpotHero. This Applicant Privacy Notice includes examples but is not intended to be restricted in its application to such examples, therefore where the word “including”' is used, it shall mean “including without limitation.” This Applicant Privacy Notice does not create or confer upon any individual any rights, or impose upon SpotHero any rights or obligations outside of, or in addition to, any rights or obligations imposed by the privacy laws applicable to such individual's personal information. Should there be, in a specific case, any inconsistency between this Applicant Privacy Notice and such privacy laws, this Applicant Privacy Notice shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.

Contact Information

For copies of additional policies mentioned in this Applicant Privacy Notice, or if you have any questions related to this Applicant Privacy Notice, please contact legal@spothero.com.