EU/EEA Addendum  

Last Updated August 2022 

The following additional terms apply to you if you reside in the European Union/European Economic Area (EU/EEA). To the extent of any inconsistency, the following terms take precedence over the terms in our Privacy Notice in relation to personal data that is collected and/or held relating to individuals (i.e., data subjects) residing in the EU/EEA. 

The EU/EEA’s General Data Protection Regulation (GDPR) governs our processing (as defined under GDPR) of your personal data, as well as your rights regarding the same. As used in this Addendum, the following terms have the following meanings:  

“Breach”, “data controller”, “data processor”, “Data Protection Authority”, “data subject”, “data subject rights”, “Member State”, “personal data”, “personal data breach”, “processing” (and “process”) (regardless of whether capitalized herein) have the meanings given to them in GDPR. GDPR may regard a video as “personal data” if the image can be used to identify you.  

“Standard Contractual Clauses”, for purposes of our Privacy Notice, means the template agreement contained in the Annex of the European Commission’s Implementing Decision of 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, and any replacement, amendment or restatement of the foregoing issued by the European Commission. 

Data Controller and Data Processor 

Modern Hire is a data processor of your personal data, while the Employers are the data controllers.  GDPR sets forth specific obligations of a data processor and data controller (i.e., Modern Hire and the Employer, respectively) in each of these roles. 

Lawful Basis for our Processing of Your Personal Data.  Because Employers are the data controllers and we process data on their behalf, as specified in GDPR, the data controllers are responsible for establishing a lawful basis for the processing of your personal data. We anticipate that in most cases, Employers will rely on their legitimate interests under GDPR Article 6 in order to engage in the processing of your personal data. This means that they have a legitimate interest in receiving and processing your personal data in order to evaluate you as a Candidate for potential employment. Employers might in some cases also rely on obtaining your consent under GDPR Article 6 as the lawful basis of their processing of your personal data. If so, this means that they have requested your explicit consent (or “opt-in”) to their processing of your personal data.  In some cases, such as when using portions of our Services that include video interviews, Employers may be required by GDPR or other applicable data protection laws to obtain your consent before processing your personal data via such collection method. 

Data Protection Officer.  Modern Hire has not appointed a Data Protection Officer (DPO) because we are not a public authority or body, we do not engage in regular and systematic monitoring of data subjects on a large scale, and our core activities do not consist of processing special categories of data (GDPR Article 37). Should any of these circumstances change and we are required to appoint a DPO, we will provide that information in this EU/EEA Addendum. 

Video and Voice Recordings.  Part of our Services may involve capturing voice or video recordings of you while answering employment related questions. While we do not use voice or video recordings for identification, to the extent these recordings can be used to identify you, GDPR may require that the data controller obtain your consent before collecting such recordings in the context of our Services. If applicable, you will be provided with our Consent and/or Lawful Basis to Collection and Processing of Personal Data notice to accept or not. 

Automated Decision Making and/or Artificial Intelligence. Part of our Services may also involve the application of our proprietary algorithms in an automated decision making or artificial intelligence (AI) mode of evaluating your answers to employment-related questions. In all cases, the Employers make the final assessment of any such scoring method. Modern Hire provides the Services to facilitate the Employer’s pre-employment processes, but Modern Hire does not participate in or otherwise make decisions with respect to the interview, assessment, evaluation, selection or hiring process. If an Employer determines that your consent is required, the Employer will be required to first obtain your consent prior to such use of any automated decision making or AI. 

Individual Rights 

As also noted in our Privacy Notice, you may make the following requests from the data controller (i.e., the Employer). In each case these rights are subject to restrictions and/or exceptions as specified in the GDPR. The following is a summary of your rights:  

• The right of access, enabling you to receive a copy of your personal data 
• The right to rectification, enabling you to correct any inaccurate or incomplete personal data we hold about you 
• The right to erasure, enabling you to ask us to delete your personal data in certain circumstances 
• The right to restrict processing, enabling you to ask us to halt the processing of your personal data in certain circumstances 
• The right to object, enabling you to object to us processing your personal data on the basis of our legitimate interests (or those of a third party), and 

• The right to data portability, enabling you to request us to transmit personal data that you have provided to us to a third party without hindrance, or to give you a copy of it so that you can transmit it to a third party, where technically feasible.  

Under GDPR, a data subject also has the right to lodge a complaint with a Data Protection Authority, in particular in the Member State of the data subject’s residence, place of work or place of an alleged infringement, if the data subject considers that the processing of the personal data infringes the GDPR.   

If you wish to exercise any of these rights, please contact us using the contact information provided in our Privacy Notice. Please note that the GDPR specifies when the data controller (or us on behalf of the data controller) may refuse your request where there is a basis to do so in law, or if your request is manifestly unfounded or excessive.   

Special Categories of Personal Data  

Our Services do not require the collection or processing of any sensitive personal data or sensitive information, as defined in applicable data protection laws (e.g., racial, ethnical origin, political opinions, religious beliefs, etc.).  We may nevertheless collect such sensitive personal data about you if the Employer (or a Recruiter) provides it to us in the course of using our Services or we may collect it incidentally if you provide such data to us (for example, when using our video interview service). By providing any sensitive personal data or by providing information by a recording, you consent to Modern Hire’s collection of such information, however, we do not require or use such data for our Services. 

International Transfers of Data 

Personal Information originating in the EU/EEA will generally be stored on servers in the EEA but may be accessed and/or processed in a limited manner outside of the EEA. Modern Hire adheres to the GDPR where it applies to our Services. Where your personal data is processed outside of the EEA, Modern Hire has put in place appropriate safeguards.  Where appropriate, Modern Hire may enter into Standard Contractual Clauses with Employers and/or other relevant third parties for the transfer of your personal data and may carry out a risk assessment and/or take necessary security measures in order to fulfill our obligations under GDPR.  

If we determine we are unable to provide equivalent protection of your personal data, including by entry into the Standard Contractual Clauses, we may seek to rely on derogations authorized by the GDPR, including the derogation of consent/contract/request of data subject. If relying on your consent, the Employer will seek your explicit consent in advance.