Privacy Notice (UK)

Privacy Notice

Last updated August 2022

 

Who We Are

Collection and Processing of Personal Data

Modern Hire as Processor

Modern Hire as Controller

Third Parties

Purpose and Legal Basis of Processing

Relying on Our Legitimate Interests

Relying on Your Consent

Withdrawing Your Consent; Objecting to Direct Marketing

Disclosure and Sharing of Information

Retention of Information

Your Rights

Data Security

Cookies; Beacons; Tracking Technology

Additional Laws; Changes

Children’s Online Privacy Protection Rule (“COPPA”)

Changes

Country Specific Law Addenda

Transfers of Your Personal Data

Contact Information

Modern Hire, Inc.

Affiliates and Contact Information

Who We Are

Welcome to Modern Hire. We are committed to protecting your privacy. This Privacy Notice (“Notice”) is effective as of the date set forth above and describes our data collection and disclosure practices in connection with our website and our application platform (our website and our application platform are collectively referred to in this Notice as the “Services”). Modern Hire Inc., and its affiliates (“Modern Hire,” “we,” “us,” and “our”) offer Services that facilitate completion of pre-employment processes that connect job applicants, candidates and/or job seekers (“Candidate(s)”) with recruiters, hiring managers and /or further interviewers (“Recruiters”) acting on behalf of our clients, the employers (“Employers” or “Clients”). Modern Hire’s core Services are delivered through a cloud-based application platform whereby Recruiters and Candidates can leverage our pre-hire solutions for digital/virtual interviewing, scheduling, and pre-employment assessments, among other features.

By using our Services, you signify that you have read and understood this Notice. To the extent required under applicable law and unless you opt-out, you also provide your consent to us in collecting, receiving, storing, processing, and transferring (collectively “Processing” or “Process”) your Personal Data in accordance with this Notice.

Modern Hire’s Services 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. Candidates, Recruiters and Employers may be collectively referred to in this Notice as “Users.”  As part of our Services, we Process your data which may identify, or can be used to help identify, you as a User (such identifiable personal data hereafter “Personal Data”). While we use Personal Data for this Notice, please note that personal data, personal information or personally identifiable information are all used depending on the applicable law. This Notice describes the types of Personal Data as well as the purposes for which we Process it.

Modern Hire is headquartered in the United States, and has affiliates, Clients and third-party service providers around the world. Our primary address and the locations of our affiliates are located at the end of this Notice.

This Notice describes how we will use of your Personal Data when you utilise our Services, visit our websites and access our social media pages. It also describes your rights with regards to your Personal Data. More information about your rights, and how to exercise them, is set out in the “Your Rights” section below.

Collection and Processing of Personal Data

Depending on how we receive your Personal Data and for what purposes you or the Employer provides it, we may be in the role of a data controller (“Controller“) determining the purposes and means of Processing your Personal Data, or we may be in the role of a data processor (“Processor“) Processing your Personal Data on behalf of our Clients (i.e., the Controllers). We anticipate that most, if not all, of the time we will be in the role of a Processor with respect to your Personal Data.

Modern Hire as Processor

Modern Hire’s business is based on being a Processor of Personal Data through the use of our Services. This means that we act on behalf of our Clients (i.e., Employers) and Process your Personal Data on their instructions. Our Clients are typically the Controllers of the Personal Data that we Process. As the Controller, our Client determines the purposes for which Personal Data obtained through our Services is Processed, and the Client has the obligation to determine the legal basis that allows our Processing. Our Client’s privacy statements may have further details about their activities. Depending on the jurisdiction in which we operate, the terms “Processor” and “Controller” may have different designations, but the concepts behind the terminology are consistent. For example, a Processor may be referred to under some regulations as a “service provider” or other terminology and a Controller may be referred to as a “business” or other terminology. For simplicity, we use the Processor/Controller terms throughout this Notice.

Modern Hire does not intend to Process sensitive types of data such as health information, political opinions, religious beliefs, national insurance numbers, date of birth, driver’s license numbers, and/or financial information, and our Services are not intended to store this type of data either. Modern Hire may incidentally Process information pertaining to a User’s gender, race, or ethnicity if those characteristics are captured or could be inferred by video, but such characteristics play no role in how our Services are provided. In addition, our Services do not analyse or measure facial features, facial expressions, eye movements or tone of voice for any purpose, including identification. You may also upload information into our Services which may contain sensitive data; we do not anticipate being required to Process this sensitive data as part of our Services.

In the event you elect to provide any information that is acquired through a recording (i.e., video or voice), we do not use such recordings for identification purposes (i.e., they are not digitally analysed or processed into voiceprints or facial recognition files) and therefore do not consider these recordings to be biometric data as defined in or subject to some laws. However, we treat your Personal Data as confidential even if it does not meet the definition under applicable law for additional data privacy obligations. You may contact us at any time with questions you may have about your Personal Data and our Processing of the same through the Contact Information below.

Modern Hire as Controller

In addition to the Services, we provide to our Clients, we act as a Controller when you visit our Website or interact with our social media pages. When this happens, we may collect the following information:

  • IP address
  • Cookie ID
  • Use and browser information
  • Content you interact with

If you request a demo for our Services, then we will also collect your:

  • First Name
  • Last Name
  • Phone Number
  • Email Address
  • Department
  • Company Name and information about your company

Modern Hire may also collect non-personal and/or anonymous information which we reserve the right to use for any purpose including in an aggregate fashion. For example, we may collect system-related information to be used for system administration purposes, to help diagnose problems, to monitor traffic patterns, to determine which Services are used most frequently and to assess site usage. Where data is anonymised or de-identified, it is no longer identifiable to you and is no longer Personal Data.

Third Parties

When you access our Services through any co-branded websites or linked web pages (whether through an Employer or otherwise), your Personal Data will be disclosed to Modern Hire and/or the relevant Employer where applicable. In that case, the use of such Personal Data by the Employer will be subject to the privacy policy of that Client, and Modern Hire is not responsible for nor subject to that Client’s policy regarding their use of the Personal Data. Accordingly, Modern Hire encourages you to review the privacy policies and practices of any relevant Employer and other third party before you supply any personal data to them.

Our Services may contain links to third-party sites. These links are provided for your convenience only and Modern Hire is not responsible for the privacy policies, practices, or content of sites owned by others that you may link to or that may be linked from the Services. We encourage you to review the privacy policies and terms and conditions of those sites so that you understand how those sites collect, use, and share your information. This Notice applies solely to the information that we collect from our Services.

Purpose and Legal Basis of Processing

Modern Hire collects User information to provide the following Services:

To fulfil a contract, or take steps linked to a contract. This is relevant where you contact us to receive Services. This includes:

  • Setting up accounts.
  • Verifying your identity.
  • Communicating with you.
  • Providing customer service.

Relying on Our Legitimate Interests

We have carried out balancing tests for all the Personal Data Processing we carry out on the basis of our legitimate interests or the legitimate interests of our Clients, which we have described below. You can obtain information on any of our balancing tests by contacting us using the Contact Information below.

As required by Modern Hire to conduct our business and pursue our legitimate interests, in particular:

  • Sending information that Modern Hire believes Users may find helpful.
  • From time to time, contacting Users for application research purposes.
  • Customising the Services.
  • Monitoring use of our websites and online Services and improving our products.
  • Providing products and Services you have requested.
  • Responding to any comments or complaints you may send us.
  • Using Personal Data as necessary in connection with legal claims, compliance, regulatory and investigative purposes and as required by law.

Relying on Your Consent

Where you give us consent:

  • We will send you direct marketing in relation to our relevant products and Services, or other products and Services provided by us, our affiliates and carefully selected partners.
  • We place cookies and use similar technologies in accordance with the section below titled “Cookies, Beacons; Tracking Technology” and the information provided to you when those technologies are used.
  • On other occasions where we ask you for consent, we will use your Personal Data for the purpose for which we explain at that time.

For purposes which are required by law:

  • We reserve the right to use your Personal Data as necessary in response to requests by government or law enforcement authorities conducting an investigation.

Withdrawing Your Consent; Objecting to Direct Marketing

Wherever we rely on your consent, you will always have the right to withdraw that consent. Please note that such withdrawal will be honored for any future or continued use, although we may have other legal grounds for Processing and/or retaining your Personal Data for other purposes, such as those set out above. In some cases, we may elect to send you direct marketing without your consent, for example, where we rely on our legitimate interests. You have a right to opt-out of direct marketing at any time. You can do this by following the instructions in the communication where this is an electronic message, or by contacting us at the Contact Information below.

Disclosure and Sharing of Information

Where authorised by law and unless you have chosen to opt-out, we may share your Personal Data with Modern Hire affiliated group companies for marketing, communication, and facilitation of our Services.

Modern Hire will share your Personal Data in the following manners:

  • If you are a Candidate – with the Employer and Recruiter.
  • If you are a Recruiter – with the Employer.
  • If you are an Employer – with the Recruiter, in order to provide our Services.

Personal Data will also be shared with certain third-party service providers, who will process it on behalf of Modern Hire for the purposes identified above. In particular, we use certain third-party service providers for, among other purposes, website hosting, maintenance, and audio/visual processing.

Where we engage such third-party service providers on our behalf, we ensure that we have entered into appropriate agreements to protect your Personal Data. Modern Hire may also disclose Personal Data and/or aggregate anonymous information to those businesses, divisions, and units that are affiliated with Modern Hire.

If a Modern Hire business line or the entire business, or a substantial portion thereof, is acquired or transferred, whether by merger, consolidation or purchase of a substantial portion of assets, Modern Hire may disclose and transfer your Personal Data to the acquiring entity. Modern Hire may also disclose your Personal Data to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply the terms and conditions of the Services; (b) comply with legal or regulatory requirements; (c) protect the rights, property or safety of us, our users or other third parties; or (d) prevent a crime or protect national security. Modern Hire may also use and/or disclose anonymous and/or aggregate information as we choose in our sole discretion, including to Clients, business partners, third-party service providers, advertisers, investors, potential buyers and other third parties.

Retention of Information

Modern Hire will not retain your Personal Data any longer than is necessary to fulfil the purposes for which it is Processed, whether such purpose is specified by contract or as required by applicable law or regulations. When acting as a Processor, the Processing of Personal Data relating to Candidates is established by contract between Modern Hire and the Employer.

Where we process your registration data, we do this for as long as you are an active User of our Services and in conformance with our record retention policies thereafter.

Where we Process Personal Data for marketing purposes or with your consent, we have the right to Process such Personal Data until you either revoke your consent or request that we stop (for example, to further marketing purposes). Where we are required or allowed to do so by law, we also keep a record of the fact that you have asked us not to send you direct marketing or to Process your Personal Data so that we can respect your request in the future.

Your Rights

Depending on where you reside, you may have certain rights related to your Personal Data, for example:

  • The right to be informed about our Processing of your Personal Data;
  • To access a copy of your Personal Data;
  • To request a correction to your Personal Data;
  • To request a transfer of your Personal Data;
  • To restrict or object to our Processing of your Personal Data; and
  • To request that your Personal Data be deleted.

You may also have the right to object to automated decision making, if applicable.

You may request any rights you believe you may have (see also the Country Specific Law Addenda) by contacting us at the Contact Information below.

If you believe a breach of your Personal Data has occurred, you may either contact us or you may make a complaint to the regulatory authority in the country where you live, work, or believe a breach of your Personal Data has happened.

Please address any request to us in accordance with Contact Information below.

We do not sell your Personal Data to anyone, and we do not share it with or transfer it to anyone except as necessary for us to provide our Services and allowed by applicable law.

We encourage you to contact us at the address set forth in the Contact Information below to discuss any concerns or issues you may have relating to the Processing of your Personal Data.

Data Security

Modern Hire has put in place appropriate technical and organisational measures to prevent Personal Data from being accidentally lost, used or accessed in an unauthorised manner. Where appropriate, we have entered into Data Protection Agreements with our Clients and third-party service providers in order to more specifically detail the data protection measures put in place. We are ISO 27001 certified and SOC2 Type 2 compliant. Additional information about our commitment to security can be found at

Cookies; Beacons; Tracking Technology

Modern Hire uses “cookies,” “web beacons” and similar technology for the convenience of Users and to enhance Users experience using the Services. A cookie is a small text file that is recorded either temporarily or persistently on a hard drive by a web page server depending on use they enable us to recognise you without requiring you to repeatedly log in when using the Services. Web beacons are graphics designed to collect web log information such as pages viewed, or messages opened. By relying on cookies, web beacons, and similar technology, Modern Hire may be able to deliver a more efficient Service that is more personalise for each user. Additionally, these technologies may allow Modern Hire to monitor traffic patterns, Services usage, and session information to make the Services more useful.

Modern Hire uses the following Cookies for the following purposes:

Cookie categories
Necessary cookies. These cookies are necessary for the website to work.
Analytics cookies. These cookies help us to analyse the use of our website so that we may improve our Services.

 

Functionality cookies. These cookies allow us to remember choices you make (such as your language or the region you are in) and provide enhanced, more personal features.

Additional Laws; Changes

Children’s Online Privacy Protection Rule (“COPPA”)

We do not knowingly or specifically collect Personal Data from users under 16 years of age. We do not authorise users under 16 years of age to use the Services. Please notify us if you believe our Services are being used by a child under the age of 13.

Changes

Modern Hire reserves the right to change this Notice at any time. In particular, we may modify this Notice to reflect changes in the way we collect, use, or disclose information, or to reflect changes in privacy laws, regulations, and/or industry standards. We encourage Users to review this Notice when accessing the Services. Where the changes substantially affect the manner in which we handle your data, we will bring them to your attention.

Transfers of Your Personal Data

When Modern Hire transfers your Personal Data from one country to another, Modern Hire will make sure that your information is protected to at least the same standard as that which is required in the originating country. For example, we will ensure that there is a proper legal agreement that covers the data transfer.  We take additional specific steps with respect to transferring Personal Data from one country to another when required by applicable law to do so; for example, see the Country-Specific Law Addenda.

Country Specific Law Addenda

Depending on where you reside, one or more of the following Country (and/or Region and/or State) Specific Law Addenda may apply to you in addition to the terms set forth in our Privacy Notice. Capitalised terms that are not defined in the Country Specific Law Addenda have the same meanings given to such terms as in the Privacy Notice.

Please review the Country Specific Law Addenda for additional considerations which may apply to you depending on the law where you live.

United States Addendum

For Residents of Illinois

          EU/EEA Addendum

          United Kingdom Addendum

          Canada Addendum

          Australia Addendum

          Malaysia Addendum

Contact Information

For technical questions, please contact

To exercise your rights, ask questions about our privacy practices, or to submit a complaint, please contact us at:

Modern Hire, Inc.

3201 Enterprise Parkway, Ste 460

Cleveland, Ohio 44122

Email:

 

Affiliates and Contact Information

UNITED STATES

Modern Hire, Inc.

3201 Enterprise Parkway, Ste 460

Cleveland, Ohio 44122

USA

Tel: (877) 451-1659

info@modernhire.com

EUROPE

Modern Hire Europe Limited

europe@modernhire.com

ASIA PACIFIC

Modern Hire Asia Pacific Pte Ltd.

asiapacific@modernhire.com

AUSTRALIA

Modern Hire Australia Pty Ltd.

australia@modernhire.com

UNITED KINGDOM

Modern Hire UK Limited

uk@modernhire.com

FRANCE

Modern Hire France SAS

europe@modernhire.com