Consent and/or Lawful Basis to Collection and Processing of Personal Data (English UK)

Consent and/or Lawful Basis to Collection and Processing of Personal Data

Last Updated August 2022

This application platform (“Platform”) is operated by Modern Hire Inc. (“Modern Hire“we” “our”) in order to facilitate completion of pre-employment processes provided to our clients (i.e., employers) (without distinction, “Client” or “Employer”) as part of our “Services.” Our Platform and Services include, but are not limited to, pre-employment assessments, digital/virtual interviews, scheduling and/or other pre-hire experiences for job applicants, candidates and/or job seekers (together “Candidate(s)” or “you”) by connecting them with recruiters, hiring managers and/or further interviewers (collectively, “Recruiters”). Our Platform and Services facilitate the Employer’s pre-employment processes, but Modern Hire does not participate in or otherwise make decisions with respect to the Candidate interview, assessment, evaluation, selection or hiring process. Individuals who access and use the Platform or Services, including Candidates, Recruiters and Employers, may be referred to herein collectively as “Users.”

The responsible entity for any Personal Data (as defined below) that is Processed (as defined below) during the usage of the Platform and Services for both Candidates and Recruiters is the entity with whom the Candidate submitted an employment application as specified in the respective job posting or the entity through whom Candidate or Recruiter accessed the Platform (i.e., our Client/the Employer and the “Data Controller”). We collect, use and transfer (collectively “Process”) the Personal Data as the “Data Processor” at the direction of the Data Controller.

We process Personal Data in accordance with our Privacy Notice and the applicable data protection laws, including as applicable and for example, the Data Protection Act 2018 (for users in the UK), the General Data Protection Regulation (for Users in the European Union), the Australian Privacy Act (for Users in Australia), the California Consumer Protection Act (for Users in California).  Details on the specific rights you have under applicable data protection laws are further specified in our Privacy Notice and the related Country-Specific Law Addenda. Under the applicable data protection laws, you may be required to consent to certain use of Personal Data and in some instances the Data Controller (i.e., our Client) and its Data Processor (i.e., Modern Hire) may have a lawful basis to use your Personal Data without a need for express consent.

When using our Platform and the Services, all personal data provided by or collected from you as a User, which may include your answers to digital/virtual interviews and/or assessments collected via video and/or audio recordings, SMS text messages, and/or question responses, and which may be multiple choice or text-based (collectively “Personal Data”) are processed and digitally stored in accordance with our data retention policies and our Privacy Notice, as well as any applicable Client’s privacy policy.

Please note that any recordings (i.e., video and/or audio) you provide through our Services are NOT used for identification purposes (i.e., they are not digitally analysed or processed into voiceprints or facial recognition files). In other words, neither the Platform nor Services analyse your facial features, facial expressions, eye movements, or tone of voice for any purpose, including for identification, and therefore Modern Hire does not consider these recordings to be biometric data as defined in or subject to any biometric information protection regulations. We may convert the raw Personal Data from the recordings into text format for purposes of providing the Services. Our Client as the Data Controller will have access to the Personal Data.

Our compliance with applicable data protection laws includes compliance as required in connection with the Processing of any such recordings. In the event that the recordings themselves should be deemed to be covered by biometric laws or other applicable data protection laws (even though not used for identification purposes), then you as a User may have the following rights: the right to know that such recordings are collected and stored as necessary to transcribe and evaluate your responses; that the recordings are deleted in accordance with our normal data retention policies and as necessary to comply with applicable data protection laws; and that your use of our Platform or Services, which include collection via video and/or audio recordings is your acknowledgement as a User of receipt of information regarding the collection and use the recordings as described herein. You may refer to our Privacy Notice and the related Country-Specific Law Addenda for additional specifics (e.g., the Illinois Biometric Information Protection Act).

Your Personal Data may include data such as your first name, last name, e-mail address and/or mobile phone number. Our Services do not require any sensitive information, as defined in applicable data protection laws (e.g., racial, ethnic origin, political opinions, religious beliefs, etc.).  We typically collect Personal Data directly from you as a User, which may include sensitive data, for example, a video recording may reflect information from which gender, race or ethnicity could be inferred, but we do not use such data for the purposes of our Services. We Process Personal Data as necessary to provide our Services to our Clients. Your Personal Data (including any sensitive data) will be handled in accordance with our Privacy Notice, including the related Country-Specific Law Addenda.

Depending on which data protection laws may apply to you as a User (please see our Privacy Notice and the related Country-Specific Law Addenda for additional details), your provision of an email address to us either in a request for information, to exercise your rights regarding your Personal Data, or for another purpose will constitute your election on an opt-in basis where required under applicable data protection laws (such as Canada’s Anti-Spam Legislation), to permit us to communicate with you via email. You may elect at any time to opt out of further email communication from us.

We may also use artificial intelligence and/or automated decision making to evaluate your Personal Data. When used, the automated decision making and/or artificial intelligence does not make the final decision based on your responses, but rather provides a score or a recommended score, which our Client’s hiring team can use to assist in consideration of your responses. Our Platform and Services facilitate the Employer’s pre-employment processes, but Modern Hire does not participate in or otherwise make decisions with respect to the Candidate interview, assessment, evaluation, selection or hiring process. Additional details about the use of artificial intelligence are noted in the “How is Artificial Intelligence used to reduce bias in the hiring process?” consent form, which will be shown to you prior to the part of the Platform that would use such decision-making process.

As noted in our Privacy Notice, we utilise certain third-party service providers, including our data host provider (“DHP”) as a sub-processor. We also disclose Personal Data to other third-party service providers, as detailed in our Privacy Notice. Our DHP’s data centres and our other third-party service providers may be in a country other than where you reside.  In such cases, our Client (i.e., the Data Controller) and Modern Hire will take measures to ensure an adequate level of data protection is in place to comply with applicable data protection laws (e.g., the EU Standard Contractual Clauses under GDPR are one means of doing so).

You may revoke your consent to the processing of your Personal Data at any time by contacting us at . Upon receiving a revocation of consent request, we will promptly contact the Data Controller and, if approved by the Data Controller, delete your Personal Data as requested, unless retention is required by law or our record retention requirements as noted in our standard data retention policies. If we are unable to delete your Personal Data, either Modern Hire or the Data Controller will inform you as the User of the reasons for this retention.

If you do not consent or revoke your consent for us to process your Personal Data, you may not get the full use of the Platform and/or the full benefit of our Services. Our Privacy Notice contains information about how you as a User may request access and seek correction of your Data, how Users can make a complaint about a breach of applicable data protection laws and how we (or our Client as the Data Controller) will deal with such complaint. Additional individual rights you as a User may have under applicable data protection laws are also detailed in our Privacy Notice and the related Country-Specific Law Addenda. You can contact us at for any other questions regarding this Consent.

We take precautions in order to ensure the highest possible protection of your Personal Data. All Personal Data that we Process in the context of providing our Services is protected against unauthorised access and manipulation through appropriate technical and organisational measures and in compliance with applicable data protection laws.

 By clicking ACCEPT below you acknowledge: I consent to Modern Hire’s processing of my Personal Data, including without limitation sensitive data or the use of recordings, the use of artificial intelligence or automated decision making, and the right to communicate with me as a User by electronic mail if I provide my email address, each for the purposes described above and as may be further specified in the Modern Hire Privacy Notice and related Country-Specific Law Addenda for me as a User to access and use the Modern Hire Platform and Services.