United Kingdom Addendum
United Kingdom Addendum
Last updated August 2022
The following additional terms apply to you if you reside in the United Kingdom (UK). To the extent of any inconsistency, these terms take precedence over the terms in our Privacy Notice in relation to personal data that is processed in the UK.
The UK’s General Data Protection Regulation (UK GDPR) governs our processing (as defined therein) 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”, “Information Commissioner’s Office (ICO)”, “data subject”, “data subject rights”, “personal data”, “personal data breach”, “processing” (and “process”) (regardless of whether capitalized herein) have the meanings given to them in the UK GDPR. The UK GDPR may regard a video as “personal data” if the image can be used to identify you.
“UK Addendum” means the International Data Transfer Addendum to the EU/EEA Standard Contractual Clauses issued by the ICO, version B1.0 in force March 21, 2022, as may be amended from time to time (or any successor version).
Data Controller and Data Processor
Modern Hire is a data processor of your personal data while the Employers are data controllers of your personal data. The UK GDPR sets forth specific obligations of Modern Hire and the Employers in each of these roles.
Lawful Basis for our Processing of Your Personal Data. Because Employers are data controllers and we process data on their behalf, they are the ones who 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 UK 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 UK 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 data. In some cases, such as when using portions of our Services that include voice or video recordings, Employers may be required by UK GDPR or other applicable data protection laws to obtain your consent before they can collect and process your personal data through such recordings. If applicable, you will be provided with our Consent and/or Lawful Basis to Collection and Processing of Personal Data notice.
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 (UK GDPR Article 37). Should any of these circumstances change and we are required to appoint a DPO, we will provide that information in our Privacy Notice.
Voice and Video 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, UK 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.
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; and may not use your unwillingness to consent to exclude you from employment consideration (offering a manual process instead).
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 UK 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.
You have the right to lodge a complaint with the ICO if you consider that the processing of your personal data infringes the UK GDPR. If you wish to exercise this right, please contact the Employer. You may also contact us using the contact information provided in our Privacy Notice. The Employer has the right to 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 information or by providing information by recording, you consent to Modern Hire’s collection of such information and our use and disclosure of it in accordance with our Privacy Notice for purposes directly related to the reason it was provided.
International Transfers of Data
Personal Information originating in the UK will be stored on servers in the UK but may be accessed and/or processed in a limited manner outside of the UK. Modern Hire adheres to the UK GDPR where it applies to our Services. Where your data is processed outside of the UK, Modern Hire has put in place appropriate safeguards. Where appropriate, Modern Hire may enter into the UK Addendum to the Standard Contractual Clauses with the Employer 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 the UK GDPR.
If we determine we are unable to provide equivalent protection of your personal data, including by entry into the UK Addendum to the Standard Contractual Clauses, we may seek to rely on derogations authorized by the UK 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.