Privacy Notice for Candidates and Potential Contractors

PRIVACY NOTICE FOR CANDIDATES AND POTENTIAL CONTRACTORS

1. Purpose of this document

Contentstack is committed to protect the privacy and security of your personal data.

This privacy notice describes how we collect and use personal data about you during the recruitment process in accordance with applicable data protection laws including the EU General Data Protection Regulation, the UK’s Data Protection Act 2018, the UK’s EU General Data Protection Regulation, the California Consumer Privacy Act and any other applicable laws, rules, regulations or successor laws relating to data protection (collectively referred to in this privacy notice as Data Protection Laws).

You are being sent, or provided with, a copy of this privacy notice because you are applying for a job or role with us (whether as an employee, worker, freelancer, intern or contractor, and whether on a permanent or temporary basis). It makes you aware of how and why your personal data will be used, namely for the purposes of the recruitment exercise, and how long it will usually be retained for. It provides you with certain information that must be provided under applicable Data Protection Laws.

This privacy notice is issued by the following list of Contentstack group controllers:

• Contentstack Inc - a Delaware company with its main office at 315 Montgomery St., Suite 909, San Francisco, CA 94104, USA (parent company).
• Contentstack India Pvt. Ltd. 8th Floor, New Viva College, opp. DMart, Chintamani Vihar, Y K Nagar, Virar West, Vasai-Virar, Maharashtra 401303, India

As controllers of your personal data we are responsible for deciding how we hold and use personal data about you. We are required under applicable Data Protection Laws to notify you of the information contained in this privacy notice.

It is important that you read and retain this privacy notice, together with any other privacy notices we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using such personal data and what your rights are under applicable Data Protection Laws. This privacy notice supplements other privacy notices and privacy policies and is not intended to override them.

We have appointed a data protection officer (DPO) to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal data, please contact our DPO via 

2. Data protection principles

We will comply with the data protection principles of applicable Data Protection Laws. These say that the personal data we hold about you must be:

• used lawfully, fairly and in a transparent way;
• collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
• relevant to the purposes we have told you about and limited only to those purposes;
• accurate and kept up to date;
• kept only as long as necessary for the purposes we have told you about; and
• kept securely.

3. How your personal data is collected

We collect personal data about you from the following sources:

• you, the candidate;
• any recruitment or employment agencies that may be used in the recruitment process;
• your named referees; and/or
• publicly available information including social media platforms (e.g., LinkedIn).
• Background checks on potential employees or contractors.

4. The kind of personal data we hold about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

In connection with your application for a job or role with us, we will collect, store and use the following categories of personal data about you (if applicable):

• information you have provided to us in your CV and any covering letter;
• information you have provided in your application form;
• information provided to us by any recruitment or employment agencies;
• information you provide to us during the interview and selection process;
• information, scoring and notes from our staff involved in the recruitment, interview and selection process; and/or
• copies of any assessment tools used in the selection process which you would have completed and received a copy of.

There are “special categories” of more sensitive personal data which require a higher level of protection. To the extent permitted by applicable laws (including applicable Data Protection Laws), we may also collect, store and use the following “special categories” of more sensitive personal data:

• information about your race or ethnicity, religious beliefs, sexual orientation and political opinions;
• information about any accessibility or accommodations you require in connection with a disability
• Social security numbers, accounts or Tax Identification Numbers
• information about your health, including any disability, medical condition, health and sickness records; and
• Information about criminal convictions and offences

5. Why and how we will use your personal data

We need certain personal data to decide whether offer you the job or role. As a result, we will need to process your personal data:

• where necessary to take steps to decide whether to enter into a contract of employment or services with you;
• for our legitimate interests (it is in our legitimate interests to decide whether to offer you a job or role since it would be beneficial to our business to offer someone that job or role). We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting our DPO via 
  privacy@contentstack.com; and/or
• to comply with any applicable legal and/or regulatory obligations.

Accordingly, we will use personal data we collect about you to:

• communicate with you about the recruitment process;
• fairly assess your skills, qualifications and suitability for the job or role;
• share first stage recruitment output with the management team conducting face-to-face interviews;
• carry out background and reference checks, where applicable and to the extent permitted by applicable laws (including applicable Data Protection Laws and/or
• keep records related to our hiring processes.

To the extent permitted by applicable laws (including applicable Data Protection Laws), we may also use the following special categories of more sensitive personal data in the following ways:

• we will use information about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made during a test or interview; and
• we will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting and to comply with anti-discrimination laws and for government reporting obligations.

Having received your CV, any covering letter and completed application form (and the results of any test(s) which you took), we will then process your personal data to decide whether you meet the basic requirements to be shortlisted for the job or role. If you do, we will decide whether your application is strong enough to invite you for an interview. If we decide to call you for an interview, we will use the personal data you provide to us at the interview to decide whether you will progress to further stages of the selection process as applicable to the type of job or role you are applying for. If we decide to offer you a job or role, we will then take up references and carry out any other checks [(including a criminal record check)] before confirming your appointment.

6. If you fail to provide personal data

If you fail to provide certain personal data when requested, which is necessary for us to consider your application, we may not be able to process your application successfully. For example, if we require references for this job or role and you fail to provide us with relevant details, we will not be able to take your application further.

7. Change of purpose 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

8. Automated decision-making

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making unless we have a lawful basis for doing so and we have notified you.

We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes and where required by applicable Data Protection Laws put in place appropriate measures to safeguard your rights.

9. Data sharing

Your personal data may be shared internally within Contentstack group companies, including with members of the team involved in the recruitment process, the HR department, accounts (where applicable), your future manager and your future Head of Department and IT staff, if access to your personal data is necessary for the performance of their roles and relevant to the recruitment process.

Your personal data will be stored in systems, some of which are owned, supported and hosted by third parties. These systems enable our business to operate and include email, instant messaging, document management and file sharing. We require such third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow these third parties to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Where a recruitment or employment agency is involved in the recruitment process, we may share certain personal data with them. Please ensure you read the recruitment agencies own privacy notice/policy to understand how they will process your personal data. We are not responsible for a recruitment or employment agency’s processing of your personal data.

10. International transfers

We may transfer your personal data to various jurisdictions during the recruitment process because of the location of (i) those involved in the recruitment process and/or (ii) systems where your personal data is stored.

The applicable data protection laws of those jurisdictions may differ from the data protection laws of your country of residence and, in some cases, may not be as protective. Whenever we transfer your personal data outside your country of residence, we will ensure a similar degree of protection is afforded to it as the data protection laws of your country of residence. For example, if you are based in the UK or EEA, your personal data may be transferred to countries that have been deemed to provide an adequate level of protection for personal data by (as applicable) the UK Government or the European Commission. In other instances, we will ensure at least one other lawful safeguard is implemented, which may include the use of specific contracts approved by (as applicable) the UK Government or the European Commission.

If you have questions about, or need further information concerning, international data transfers, please contact our DPO via 

11. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost or destroyed, altered, disclosed, used or accessed in an unauthorized way. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need-to-know in order to perform their duties and responsibilities. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

Our IT systems are protected against unauthorized access with various level of controlled and password protected access rights. When transferring or disclosing your personal data, the safety measures vary based on the sensitivity of the personal data and may include, but are not limited to, identification of the recipient, logging transfer, access controls, two factor authentication and encryption of the transferred personal data.

We prefer to avoid personal data collection and usage in paper format. If so required, the paper documents and copies will be stored in locked-up premises.

Our IT organization together with our DPO monitor the safety and integrity of personal data on a regular basis and have implemented technical measures to prevent and detect any security breaches that may threaten your personal data. We have implemented procedures to deal with any actual or suspected data security breaches and will notify you and any applicable authority about an actual breach where we are legally required to do so.

Further details of these measures may be obtained from our DPO via 

12. How long we will retain your personal data for

For candidates who are not offered a job or role, we will retain your personal data for a period of [six] months after we have communicated to you our decision. We retain your personal data for that period so that we can show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted the recruitment exercise in a fair and transparent way. After this period, we will securely destroy your personal data in accordance with our data retention and destruction policies.

For candidates who are offered a job or role, personal data collected through the recruitment process will form part of your personnel file, which is held by us for the duration of your working relationship and thereafter in accordance with our data retention and destruction policies.

If we wish to retain your personal data on file, on the basis that a further opportunity may arise in the future and we may wish to consider you for that, we will write to you separately, seeking your explicit consent to retain your personal data for a fixed period on that basis.

13. Your rights 

Under certain circumstances, you have the right to:

• Request access to your personal data (commonly known as a "data subject access request"). This enables you to know what categories of data are collected about you (California residents only) and to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below).
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground.
• Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal data to another party.
• Complain to the relevant data protection commissioner or a supervisory authority about our collection and use of your personal data. For more information, please contact your local data protection authority. This may be the data protection commissioner or supervisory authority of your usual place of residence. For more information, please contact (as applicable):
  • United Kingdom – 
    The Information Commissioners Office.
  • EEA – 
    Relevant data protection supervisory authority.
  • California – 
    California Attorney General

If you want to review, verify, correct or request erasure of your personal data, object to the processing of your personal data, or request that we transfer a copy of your personal data to another party, please contact our DPO via privacy@contentstack.com.

What we may need from you

In order to meet your request we may need to request specific information from you to help us confirm your identity and ensure your right to access the personal data (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

Your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during the recruitment process by contacting our DPO via privacy@contentstack.com.

14. Acceptance of this privacy notice

By applying for a job or role, you acknowledge that you have received a copy of this privacy notice and have read and understood it. If you have any questions about, or concerns with, this privacy notice, please contact our DPO via privacy@contentstack.com before you apply for a job or role with us.