DATA PROTECTION POLICY

“Customer Personal Data” means Personal Data that the Customer provides Talentify in connection with its use of Talentify’s services.

“Data Protection Requirements” means any applicable laws, regulations, and other legal requirements relating to (a) privacy, data security, and protection of Personal Data; and (b) the Processing of any Personal Data. Data Protection Requirements may include but are not limited to, the CCPA.

“Personal Data” means information about an individual that (a) can be used to identify, contact or locate a specific individual; (b) can be combined with other information that can be used to identify, contact or locate a specific individual; or (c) is defined as “personal data” or “personal information” by applicable laws or regulations relating to the collection, use, storage or disclosure of information about an identifiable individual.

“Sensitive Personal Data” A user name or e-mail address, in combination with a password or security question and answer, that would permit access to an online account.

“Personal Data Breach” means any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to any Sensitive Personal Data or Customer Personal Data.

“Process” and its cognates mean any operation or set of operations that is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation, or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 

OVERVIEW

Introduction

Talentify is engaged in the business of sourcing prospective employment candidates for Talentify clients.  During the course of providing services to its clients, Talentify may need to gather and use certain information about individuals.

This Data Protection Policy (“DPP”) describes how such personal data is to be collected, handled, and stored to meet the company’s data protection standards — and to comply with applicable legal standards.

The DPP ensures that Talentify:

• Complies with data protection rules, regulations, and industry-standard practices;
• Protects the rights of Talentify personnel, clients, and partners;
• Maintains clear and transparent policies about how it stores and processes individuals’ data;
• Protects the firm and its clients from the risks of a data breach

PEOPLE RISKS AND RESPONSIBILITIES

Policy scope

This policy applies to:

• The head office of Talentify
• All branches of Talentify
• All personnel and contractors of Talentify

The DPP applies to data that the company stores and maintains relating to identifiable individuals. This may include:

• Names of individuals
• Postal addresses
• Email addresses
• Telephone numbers
• …plus any other information relating to individuals

Talentify never asks for or stores sensitive personally identifiable information, such as Social Security Numbers, of any individuals.

“Personal Data” means information about an individual that (a) can be used to identify, contact or locate a specific individual, including data that Customer chooses to provide to Talentify from services such as applicant tracking systems (ATSs) or customer-relationship management (CRM) services; (b) can be combined with other information that can be used to identify, contact or locate a specific individual; or (c) is defined as “personal data” or “personal information” by applicable laws or regulations relating to the collection, use, storage or disclosure of information about an identifiable individual.

Data Protection Risks

The policy helps to protect Talentify and its clients and business partners from data security risks, including but not limited to the following:

• Breaches of confidentiality. For instance, information is being given out inappropriately.
• Failing to offer choice. For instance, all individuals should be free to choose how the company uses data relating to them.
• Reputational damage. For instance, the company could suffer if hackers successfully gained access to sensitive data.

Responsibilities

All personnel who work for or with Talentify have some responsibility for ensuring data is collected, stored, and handled appropriately.

Each team that handles personal data must ensure that it is handled and processed in line with this policy and data protection principles.

Talentify has identified the following roles and/or individuals that  have key areas of responsibility:

• The Chief Technology Officer (“CTO”), Lucas Magroski, is responsible for the following:

• Reviewing all data protection procedures and related policies and updating such policies in a timely manner.
• Arranging data protection training and advice for the people covered by this policy.
• Handling data protection questions from staff and anyone else covered by this policy.
• Dealing with requests from individuals to see the data Talentify holds about them (also called ‘subject access requests’).
• Checking and approving any contracts or agreements with third parties that may handle the company’s sensitive data.

GENERAL STAFF GUIDELINES

• The only people able to access data covered by this policy should be those who need it for their work.

• Data should not be shared informally. When access to confidential information is required, employees can request it from their line managers.

• Talentify will provide training to all employees to help them understand their responsibilities when handling data.
• Employees should keep all data secure, by taking sensible precautions and following the guidelines below.
• In particular, strong passwords must be used, and they should never be shared.
• Personal data should not be disclosed to unauthorized people, either within the company or externally.
• Data should be regularly reviewed and updated if it is found to be out of date. If no longer required, it should be deleted and disposed of.
• Employees should request help from their line manager or the data protection officer if they are unsure about any aspect of data protection.

DATA STORAGE

The following rules describe how and where data should be safely stored. Questions about storing data safely can be directed to the IT manager or data controller.

When data is stored on paper, it should be kept in a secure place where unauthorized people cannot see it.

These guidelines also apply to data that is usually stored electronically but has been printed out for some reason:

• When not required, the paper or files should be kept in a locked drawer or filing cabinet.
• Employees should make sure paper and printouts are not left where unauthorized people can see them, like on a printer.
• Data printouts should be shredded and disposed of securely when no longer required.

When data is stored electronically, it must be protected from unauthorized access, accidental deletion, and malicious hacking attempts:

• Data should be protected by strong passwords that are changed regularly and never shared between employees.
• If data is stored on removable media (like a CD or DVD), these should be kept locked away securely when not being used.
• Servers containing personal data should be sited in a secure location, away from general office space.
• Data should be backed up frequently. Those backups should be tested regularly, in line with the company’s standard backup procedures.
• Data should never be saved directly to laptops or other mobile devices like tablets or smartphones.
• All servers and computers containing data should be protected by approved security software and a firewall.

DATA USAGE

Personal data is of no value to Talentify unless the business can make use of it. However, it is when personal data is accessed and used that it can be at the greatest risk of loss, corruption, or theft:

• When working with personal data, employees should ensure the screens of their computers are always locked when left unattended.
• Personal data should not be shared informally. In particular, it should never be sent by email, as this form of communication is not secure.

DATA ACCURACY

Rules and regulations require Talentify to take reasonable steps to ensure data is kept accurate and up to date.

The more important it is that the personal data is accurate, the greater the effort Talentify should put into ensuring its accuracy.

It is the responsibility of all employees who work with data to take reasonable steps to ensure it is kept as accurate and up-to-date as possible.

• Data will be held in a few places as necessary. Staff should not create any unnecessary additional data sets.
• Staff should take every opportunity to ensure data is updated, for instance, by confirming a customer’s details when they call.
• Talentify will make it easy for data subjects to update the information Talentify holds about them. For instance, via the company website.
• Data should be updated as inaccuracies are discovered. For instance, if a customer can no longer be reached on their stored telephone number, it should be removed from the database.

SUBJECT ACCESS REQUESTS

All individuals who are the subject of personal data held by Talentify are entitled to:

• Ask what information the company holds about them and why.
• Ask how to gain access to it.
• Be informed about how to keep it up to date. 
• Be informed about how the company is meeting its data protection obligations.

If an individual contacts the company requesting this information, this is called a subject access request.

Subject access requests from individuals should be made by email, and addressed to the data controller at information@talentify.io. The data controller can supply a standard request form, although individuals do not have to use this.

The data controller will always verify the identity of anyone making a subject access request before handing over any information.

DISCLOSING DATA FOR OTHER REASONS

In certain circumstances, the Data Protection Act allows personal data to be disclosed to law enforcement agencies without the consent of the data subject.

Under these circumstances, Talentify will disclose requested data. However, the data controller will ensure the request is legitimate, seeking assistance from the board and from the company’s legal advisers where necessary.

PROVIDING INFORMATION

Talentify aims to ensure that individuals are aware that their data is being processed and that they understand:

• How the data is being used
• How to exercise their rights

To these ends, the company has a privacy statement, setting out how data relating to individuals is used by the company.

NATURE OF DATA PROCESSING

Each party agrees to Process Personal Data received under the Agreement only for the purposes set forth in the Agreement. For the avoidance of doubt, the categories of Personal Data Processed and the categories of data subjects subject to the agreement are described in the Privacy Policy.

3. COMPLIANCE WITH LAWS

The parties shall each comply with their respective obligations under all applicable Data Protection Requirements.

4. CUSTOMER OBLIGATIONS

4.1   Customer agrees to:

(i) determine the purposes and general means of Talentify ’s Processing of Customer Personal Data in accordance with the Agreement; and

(ii) comply with its protection, security and other obligations with respect to Customer Personal Data prescribed by Data Protection Requirements for data controllers.  

TALENTIFY OBLIGATIONS

Processing Requirements. Talentify  will:

a. Process Customer Personal Data (i) only for the purpose of providing, supporting, and improving Talentify ’s services (including providing insights and other reporting), using appropriate technical and organizational security measures; and (ii) in compliance with the instructions received from Customer. Talentify will not use or Process the Customer's Personal Data for any other purpose. b. Inform Customer promptly if, in Talentify ’s opinion, an instruction from Customer violates applicable Data Protection Requirements;

c. Where Talentify  is collecting Customer Personal Data from individuals on behalf of Customer, follow regulations and laws regarding such Customer Personal Data collection (including with regard to the provision of notice and exercise of choice)

d. Ensure that its employees and authorized agents are required to comply with and acknowledge and respect the confidentiality of the Personal Data, including after the end of their respective employment, contract, or assignment;

 Notice to Customer. Talentify  will inform Customer if Talentify  becomes aware of:

1. Any non-compliance by Talentify  or its employees relating to the protection of Customer Personal Data Processed
2. Any legally binding request for disclosure of Customer Personal Data by a law enforcement authority, unless Talentify  is otherwise forbidden by law to inform Customer, for example, to preserve the confidentiality of an investigation by law enforcement authorities;
3. Any notice, inquiry or investigation by a Supervisory Authority with respect to Customer Personal Data; or
4. Any complaint or request (in particular, requests for access, rectification, erasure, restriction, portability, blocking or deletion of Customer Personal Data) received directly from data subjects of Customer.

Talentify  will:

1. Maintain appropriate organizational and technical security measures designed to protect against unauthorized or accidental access, loss, alteration, disclosure, or destruction of Customer Personal Data
2. Take reasonable steps to confirm that all Talentify  personnel are protecting the security, privacy, and confidentiality of Customer Personal Data consistent with the requirements of this DPA; and
3. Notify Customer of any Personal Data Breach by Talentify or any other third parties acting on Talentify ’s behalf without undue delay and in any event within 48 hours of becoming aware of a Personal Data Breach.