United States Addendum

United States Addendum

Last Updated August 2022

The following additional terms may apply to you depending on where you reside in the United States. To the extent of any inconsistency, these terms take precedence over the terms in our Privacy Notice in relation to personal information that is collected and/or held in the United States.

Please use the contact information in the Privacy Notice if you wish to access or correct any of your personal information that we hold or if you would like to report a potential breach by us of any applicable laws of the United States, our Privacy Notice, or this Addendum.  We will promptly acknowledge and investigate any such reports.

The laws of the states described below are the ones we are currently aware of that require giving individual notice and/or consent with respect to our Services, and that provide for specific individual rights with respect to our Services.  We recognize that other states also have laws that may affect your privacy rights with respect to our Services, and we direct you to the information in our Privacy Notice for a description of such rights.

For Residents of Illinois

Illinois has two relevant laws which may apply to you in using our Services: the Illinois Video Interview Act, and the Illinois Biometric Information Protection Act.

Voice and Video Recordings.  Part of our Services may involve capturing voice or video recordings of you while answering employment related questions. We do not use such recordings for identification. If applicable you will be provided with our Consent and/or Lawful Basis to Collection and Processing of Personal Data notice for additional information.

Automated Decision Making and/or Artificial Intelligence.  Under the Illinois Video Interview Act, your express consent is required before we can use artificial intelligence (AI) to assist in the evaluation of your video-based interview. You have the right to opt out of such AI use. In any event, our Services do not: measure facial expressions; process recordings for identification purposes (and we do not believe such collection method on its own constitutes biometric information); or record your racial or ethnic origin or associate such factors with your interview answers. Finally, even with the use of our automated decision making or AI, the Employer always has the right to review and make the final determination on scoring, selection and hiring of a Candidate. 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 you do not consent to the use of our automated decision making and/or AI technology in the evaluation of your Candidate application, you may be provided with an alternative either within the Platform or outside of the Platform by the Employer to manually proceed with your application. Additional details about the use of artificial intelligence is 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.

For Residents of California

As used in this sub-section of this Addendum, the following terms have the following meanings:

“CCPA” means the California Consumer Privacy Act, including any amendments and any implementing regulations thereto that become effective on or after the effective date of this Privacy Notice.

“CCPA Consumer” means a “consumer” as that term is defined in the CCPA and includes you when you are using our Services.

“Consumer Rights Requests” means requests made by you as a CCPA Consumer, directed to our customer, concerning your Personal Information.

“Personal Information” means your “personal information” (as defined in the CCPA) that we process on behalf of Employers in connection with our Services.

“Processing” has the meaning given in the CCPA, and “Process” will be interpreted accordingly.

“Subprocessor” means any subcontractor (including any “service providers” and “contractors” as defined in the CCPA) engaged by us to process your Personal Information on our behalf, or to whom we make your Personal Information available. Please note that our Subprocessors are called our third-party service providers in our Privacy Notice.

We will not retain, use or disclose Personal Information for any purpose (including any commercial purpose) other than for the specific purpose of providing the Services, or as otherwise permitted by the CCPA. Where required by the CCPA, the Employer is responsible for obtaining all necessary consents from you to use our Services, and the Employer will provide you with all necessary notices for the processing of your Personal Information by us.  We may not disclose, release, transfer, make available or otherwise communicate your Personal Information to another business or third party without your prior written consent, unless and only to the extent that such disclosure is made to a Subprocessor for a business purpose and provided that we have entered into a written agreement with such Subprocessor. We do not sell your Personal Information.

Individual Rights. We are committed to assisting Employers with responding to Consumer Rights Requests as required by applicable CCPA requirements, including requests by you as a CCPA Consumer to access, modify, correct, opt-out from Processing, restrict the Processing of, or delete CCPA Personal Information.  You should direct Consumer Rights Requests to the Employer. If you contact us, we will forward your request to the Employer unless we are required by law or by our agreement with the Employer to reply to you directly.