Candidate Privacy Notice

Effective May 1, 2023

Scope and Overview

Operative(namely, SintecMedia Ltd. d/b/a Operative, SintecMedia NYC, Inc. d/b/a Operative, or any of their direct or indirect affiliates and subsidiaries with which you will be engaging during the recruitment and interview process; in each instance, “Operative,” “we,” “us,” “our,” or the “Company”) is committed to protecting the privacy and security of your personal data. Personal data means any information about an identifiable individual collected in connection with the recruitment process. This Candidate Privacy Notice (this “Privacy Notice”) describes: 1) how Operative and its affiliates and related entities collect and process personal data about you during the recruitment, application and interview process, and 2) the handling of personal data obtained about internal and external job applicants, including applicants by referral, those who apply through third-party agencies, recruiters and external career sites (e.g., LinkedIn and other online job boards) as well as prospective candidates who apply directly through Operative’s online careers page and recruitment process. Please read this document carefully to understand how Operative uses and protects the information you provide.

This Privacy Notice describes the categories of personal data that we may collect from you, and how we may process your personal data, including how we use your personal data, how we secure your personal data, when we may disclose your personal data to third parties and when we may transfer your personal data outside of your home jurisdiction. We will process your personal data for the legitimate business purpose of conducting activities directly related to and commercially necessary for the recruitment and interview process, and a legal basis.  In addition, this Privacy Notice also describes your rights regarding the personal data that we hold about you, including how you may access, correct and request erasure of your personal data.

We will only process your personal data in accordance with this Privacy Notice unless otherwise required by applicable law. We take steps to ensure that the personal data that we collect about you is adequate, relevant, not excessive, and processed for the limited purposes set forth herein.

Collection of Personal Data

We will collect your personal data from you directly and potentially from other sources. We may collect personal data directly from you as a job applicant, or may receive personal data from third parties, for example, in connection with a background, employment, or reference check, subject to your consent where required by law. Personal data excludes anonymous or de-identified data that is not associated with a particular individual. We may collect, store, and process the following categories of personal data to the extent permitted by law in relevant jurisdictions, some of which we require in connection with our recruiting activities:

A. Identifiers. Identifiers we may collect include, but are not limited to:

• personal contact details such as real name, alias/nickname, postal addresses, unique personal identifier, online identifier, social security number / national identification number, home/mobile telephone numbers, and personal email addresses.
• driver’s license number, passport number or other similar identifiers.

B. Personal Information Categories listed in the California Customer Record Statute. Personal Information Categories we may collect, include but are not limited to:

• Name, signature, social security number, physical characteristics or description, address, home / mobile telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
• Information about health issues or disabilities (e.g., disability status, or requests for accommodations); virus vaccination status; and virus testing results.
• If a position of employment is offered by Operative and accepted by you, information necessary for the administration of health benefits, including information we may disclose to third parties responsible for managing the administration of such benefits.

C. Professional and Employment Related Information. Professional and employment related information we may collect includes, but is not limited to:

• work history and other relevant experience including information contained in a resume, CV, cover letter, or job application.
• information collected during phone screenings and interviews.
• information collected in the course of assessing skills, qualifications, and interests for the purpose of determining suitability for the position for which you have applied.
• other information you may choose to voluntarily submit to us in connection with your application (e.g., information contained in a cover letter, information disclosed in an interview or information you volunteer regarding your criminal records history, compensation history, family history or personal situation).
• details regarding the type of employment sought, desired salary, willingness to relocate, job preferences and other information related to compensation and benefits.
• reference information and information received from background checks, where applicable, including information provided by third parties.
• information related to previous applications to Operative or previous employment history with Operative.

D. Educational Information. Educational information we may collect includes, but is not limited to:

• educational details, including qualifications, certifications, transcripts, degrees, skills, and any other information provided in support of job applications.

E. Protected Classifications Characteristics. Information regarding protected characteristics of candidates we may collect includes, but is not limited to:

• data for diversity monitoring where such data is allowed by law (e.g., race, ethnicity, gender, veteran status and/or disability status).
• national origin, citizenship and immigration information for visa and right-to-work purposes.
• physical or mental health condition or disability status to determine appropriate workplace accommodations and evaluate fitness for a particular position.

F. Internet or other electronic network activity information. Internet or other electronic network activity information includes, but is not limited to:

• Browsing and search history. Please visit our Privacy Policy, available here for further information about the collection of Internet or other electronic network activity information.

G. Data collected from other sources. We may collect personal data about you from other sources for background screening purposes as necessary and only as permitted by applicable law. This personal data may fall into the following aforementioned categories of personal information: Identifiers, Personal Information Categories listed in the California Customer Records Statute, Professional and Employment Related Information, and Education Information. Specifically, we may collect the following:

• information collected through background checks, such as criminal records history, employment history, educational history and/or compensation history from employment screening agencies, publicly available registers or databases, information gathered from former employers and/or educational institutions. 
• information about your performance or conduct from references and former employers.
• publicly available information from websites or social media, including information that you choose to voluntarily submit to us in connection with your application (e.g., when applying through LinkedIn, and other online job boards).

Use of Personal Data

We limit our use of your personal data, and only process your personal data for specific, necessary reasons. We may, for example, use your personal data to:

• identify and verify your job application, including assessing skills, qualifications, and interests for the purpose of determining suitability for the position for which you have applied.
• verify your information and for carrying out employment, background, and reference checks, where applicable, and subject to your consent where required by applicable law.
• communicate with you about the recruitment process and your application.
• retain records related to our hiring processes, for only as long as appropriate under the circumstances.
• create and submit reports as required by applicable laws or regulations.
• comply with our legal, regulatory, or other corporate governance requirements.
• analyze and improve our application and recruitment process.
• prevent fraud.
• ensure network and information security, including preventing unauthorized access to our computer and electronic communications systems and preventing malicious software distribution.

We must have a legal basis to process your personal data. In most cases the legal basis will be one or more of the following legitimate business purposes:

• where applicable law permits or requires it in connection with carrying out our application and recruitment process (e.g., processing personal data pertaining to immigration status, diversity reporting, and processing disability information for the purpose of determining reasonable accommodations)
• to take steps necessary to enter into a potential employment contract with you.
• to comply with a legal obligation that applies to us (e.g., responding to discovery requests in connection with related litigation and processing personal data to protect the rights and property of Operative).  
• for our legitimate interests or the legitimate interests of third parties (e.g., when we process your resume, CV, cover letter, or job application in connection with the recruiting and interview process, and to determine whether you are suited for an open position with us).
• with your consent. 

In addition to using your personal data for the position for which you have applied, if you are notified that you did not receive an offer of employment (a “Notification”) in connection with such a position, we may retain and use your personal data for a period of two years from the date of the Notification, to inform you about and to consider you for other positions that may be appropriate for you with your consent.

We will only process your personal data for the purposes we collected it for or for compatible purposes. If we need to process your personal data for an incompatible purpose, we will provide notice to you and, if required by law, seek your consent. We may process your personal data without your knowledge or consent only where required by applicable law or regulation. If we ask for your consent to process your personal data, you may withdraw your consent at any time by contacting us using the details at the end of this privacy statement, or by completing the web form available here.

Collection and Use of Special Categories of Personal Data

Under certain legislation pertaining to data privacy, the following special categories of personal data are considered sensitive and may receive special protection:

• personal data concerning racial or ethnic origin.
• personal data concerning political opinions.
• personal data concerning religious or philosophical beliefs.
• personal data concerning trade union membership.
• personal data concerning health.
• personal data concerning sexual orientation.
• personal data relating to criminal convictions or offences.
• personal data relating to biometric, genetic or precise geolocation  data.

Sensitive personal data also includes financial account or credit information, credit or debit card number, security access code or password and other data that is defined as sensitive personal data by applicable law (such as a driver’s license, state identification card, passport number and contents of a consumer’s mail, email and text messages unless Operative was the intended recipient).

We may collect and process the following special categories of personal data when you voluntarily provide them, when we receive them from a third party with your consent, when relevant for a particular position to carry out our obligations under employment law, or as applicable law otherwise permits:

• physical or mental health condition or disability status to determine appropriate workplace accommodations and evaluate fitness for a particular position.
• race or ethnic origin to comply with statutory obligations.
• previous criminal charges or convictions where relevant for the position.

Where we have a legitimate need to process special categories of personal data about you for purposes not identified above, we will only do so only after providing you with notice and, if required by law, obtaining your prior, express consent.

Disclosing Data

A. Service Providers and other Third Parties. While we do not sell or market your personal data, we may disclose your personal data to third parties in limited situations, including with service providers under the following circumstances:

• to our employees, contractors, designated agents, or third-party service providers who require such information to assist us with administering the recruitment process.
• to obtain employment verification and background checks.
• for data storage or hosting.

These third-party service providers may be located outside of the country in which you live or the country where the position you have applied for is located.

B. Legal Obligations. We may disclose your personal data where required by law. For example, we may disclose your personal data in connection with search warrants, subpoenas, or court orders. When we disclose your personal data to comply with a legal obligation or legal process, we will take reasonable steps to ensure that we only disclose the minimum personal data necessary for the specific purpose and circumstances.

C. Operative Companies. We may also disclose your personal data if permitted or required by applicable law:

• to other members of our group of companies (including outside of your home jurisdiction) for the purposes set out in this Privacy Notice, as necessary to administer the application and recruitment process and as part of our regular reporting activities to other members of our group of companies.
• if a business transfer or change in ownership occurs and the disclosure is necessary to complete the transaction. In these circumstances, we will limit data sharing to what is necessary, and we will anonymize the data where possible.

In addition, we may disclose your personal data during emergency situations or where necessary to protect the safety of persons, and for additional purposes with your consent where such consent is required by law.

Cross Border Data Transfers

By proceeding with the recruitment process with Operative, to the extent permitted by applicable law, you consent to your personal data possibly being transferred, processed and/or stored in any country where we have facilities or in which we engage service providers, including in the United States, which may have data protections rules and data protection safeguards that vary from those of your country (in certain circumstances law enforcement agencies, courts or security authorities may be entitled to access your personal data without your knowledge and without a judicial remedy available to you).

If you reside in the United Kingdom, Swiss Confederation or in the European Economic Area, while we may transfer, store, or process your personal data in a country that is not regarded as ensuring an “adequate” level of protection for personal data, we have put in place appropriate safeguards (such as the ​Standard Contractual Clauses​) to ensure that your personal data is adequately protected. 

Data Security

We have implemented appropriate physical, technical, and organizational security measures designed to secure your personal data against accidental loss and unauthorized access, use, alteration, or disclosure. In addition, we limit access to personal data to those employees, agents, contractors, and other third parties that have a legitimate business need for such access. To learn more about measures Operative takes to safeguard your personal data, please see Operative’s Information Security Policy available here.

Data Retention

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal data for longer than is reasonably necessary to fulfill or in relation to the purposes for which we collected and processed it for, and as required to satisfy any legal, accounting, or reporting requirements, or as necessary to resolve disputes. To determine the appropriate retention period for personal data, we consider various criteria to determine how long we will retain it including, the length of the recruiting process, whether you ultimately receive and accept an offer of employment from us (in which case we will provide additional notification to you about how we will process your personal data in the employee context); our statutory obligations, the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, and whether we can achieve those purposes through other means.

Under some circumstances we may anonymize your personal data so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

If you are offered and accept employment with Operative, the personal data we collected during the application and recruitment process will become part of your employment record, and we may use it in connection with your employment consistent with our employee personal data policies. If your application does not lead to employment with Operative, you consent to Operative retaining and using your personal data to inform you about and consider you for other positions that may be appropriate for you for a two-year retention period extending from the date you were notified that your application did not lead to employment with Operative.  

Your Rights

Your personal data belongs to you. As such, you may exercise the following rights in relation to your personal data:

A. The right to be informed. This Privacy Notice gives you transparency on how Operative processes and handles your personal data. If you have any questions, please do not hesitate to contact us.

B. The right of access. You are allowed at any time to access your personal data so that you are aware of and can verify the accuracy of the personal data and lawfulness of the processing.

C. The right to rectification. You are entitled to have your personal data rectified if it is inaccurate or incomplete.

D. The right to erasure. You may request the deletion or removal of your personal data where there is no compelling reason for its continued processing.

E. The right to restrict processing. You have the right to suppress processing of personal data.

F. The right to objection. You have the right to object to processing based on legitimate interests.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal data that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal data that we hold about you, or we may have destroyed, erased, or made anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal data, we will inform you of the reasons why, subject to any legal or regulatory restrictions. If you would like to exercise any of your individual privacy rights, please complete the request form available here.

Right to Withdraw Consent

In instances where you have provided your consent to the collection, processing, and transfer of your personal data, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, please complete the request form available here.

Changes to this Privacy Notice

We reserve the right to update this Privacy Notice at any time. If we would like to use your previously collected personal data for different purposes than those we notified you about at the time of collection, we will provide you with notice and where required by law, seek your consent, before using your personal data for a new or unrelated purpose. We may process your personal data without your knowledge or consent only where required by applicable law or regulation.

Contact Us

Should you have any questions regarding this Privacy Notice or our privacy practices, please contact us at:

Alyssa Greenspan
Chief Privacy Officer
Privacy@Operative.com

If you would like to exercise any of your individual privacy rights, please complete this web form.