Job Applicant Privacy Policy

Job Applicant Privacy Policy

NetBrain Technologies, Inc. and its international subsidiaries value your trust and are committed to the responsible management, use, and protection of your personal data provided and collected in connection with your job application.

The hiring NetBrain entity named in the job advertisement (hereinafter “NetBrain”) is the controller of your personal data processed in connection with your job application and is responsible for complying with all applicable data protection laws.

For general information on data protection at NetBrain please refer to our general NetBrain Privacy Policy, accessible at https://www.netbraintech.com/privacy-policy/

  1. Personal Data Provided by You

NetBrain processes the personal data you provide in connection with your application in order to check your suitability for the position (or any other open positions in one of the NetBrain entities) and to carry out the application procedure.

The personal data collected by NetBrain includes:

    • Name, address, telephone number, email address, and other contact information;
    • Username and password;
    • Work authorization status;
    • CV and/or resume, cover letter, previous work experience, and education information;
    • Knowledge, skills, and abilities;
    • Professional and other work-related licenses, permits, and certifications held;
    • Information relating to employment references;
    • Any other information you elect to provide to NetBrain (e.g., employment preferences, willingness to relocate, current salary, desired salary, awards, professional memberships, hobbies, social preferences, etc.).
  1. Information Collected from Other Sources

Where relevant for your application and to the extent permitted by the applicable laws and/or with your prior explicit consent, NetBrain may, for the purpose of pre-employment screenings and background checks in connection with your application, obtain information about you from other sources. These other sources may include your references, prior employers, educational institutions you attended, credit checks, and social media profiles (e.g. LinkedIn).

  1. Sensitive Personal Data

NetBrain usually doesn’t request sensitive data (“special categories of data” according to Art. 9 GDPR, if applicable), such as ethnic origin, religion, sexual orientation, or political affiliation in connection with your application. Please avoid submitting such sensitive data unless specifically requested. In strict compliance with applicable law, NetBrain may ask questions about gender, ethnic origin, veteran status, health, and disabilities of applicants for the monitoring of equal employment opportunity compliance. If you provide NetBrain with such special categories of data, you consent to the processing of such data in connection with your application and in accordance with this Job Applicant Privacy Policy and applicable law and regulation.

Where relevant for your application, and to the extent permitted by the applicable law, and/or with your prior explicit consent, NetBrain may also ask you to provide criminal records.

  1. Reference Data

Should you provide NetBrain with personal data of a reference or any other individual as part of your application, you are responsible to obtain the individual’s consent prior to providing such personal data to NetBrain.

  1. Purposes of Data Processing

NetBrain will process your personal data for recruitment, management, and planning purposes, in particular, for the following purposes:

    • Processing of your application;
    • Assessment of your capabilities and qualifications;
    • Conduct of reference checks, where relevant and to the extent compliant with applicable laws;
    • Communication with you about your application;
    • Compliance with any applicable law or regulation (e.g. diversity requirements);
    • Protection of NetBrain’s rights; and
    • General administration and human resources management (in case you become a NetBrain employee).
  1. Access and Disclosure

NetBrain will share your personal data on a strict “need to know” basis only with those employees who really need it to process your application, including, but not limited to, the HR department, the hiring manager(s), and interview partners.

In this context, NetBrain may also disclose your personal data to employees of NetBrain entities other than the hiring entity, if such a disclosure is necessary for the fulfillment of the purposes described above, for example, if the hiring manager should not be employed with the hiring entity but with another NetBrain entity.

  1. Third-Party Service Provider

NetBrain may share your data with third-party service providers used for the provision of services in the context with your application, such as the provider of the NetBrain career website, the provider of the NetBrain HR information system, recruitment agencies, external consultants, pre-employment screening providers, tax advisors, and attorneys.

Where NetBrain uses a third-party service provider to process your personal data, NetBrain will enter into data processing agreements with such provider, as required by applicable law. NetBrain will also ensure that the service provider will be able to meet industry standard security measures to ensure the confidentiality and integrity of your personal data.

  1. Legal Basis

The legal basis for the processing of your personal data in this application procedure is:

    • Your explicit consent;
    • Processing of your personal data is necessary in connection with the decision to establish an employment relationship;
    • NetBrain has a specific legitimate interest in the processing of such data;
    • Processing is necessary to comply with NetBrain’s legal obligations;
    • Processing is necessary in order to protect your vital interests.

Where the collection or processing is based on your consent, you may withdraw your consent at any time to the extent permitted by applicable law.

  1. Retention of Data

In general, NetBrain will keep your personal data as long as necessary in connection with the purposes described above. NetBrain may also, subject to your explicit consent, where required, retain your information in the NetBrain talent pool for the purpose of considering whether your skills are suitable for other future opportunities.

  1. Your rights

You have the right to be informed about the personal data NetBrain processes about you. In the case of a request for information that is not made in writing, NetBrain asks for your understanding that it may then require you to provide evidence that proves that you are the person you claim to be.

Furthermore, you have the right to correct or delete your personal data or to restrict its processing to the extent that you are legally entitled to do so.

Furthermore, you have the right to object to the processing within the framework of the legal requirements. The same applies to a right to data transferability.

If you would like to exercise these rights, please submit your request to [email protected].

You also have the right to complain to the competent data protection supervisory authority about the processing of personal data by NetBrain.

  1. Security

NetBrain implements appropriate technical and organizational measures to protect personal information consistent with applicable data protection law and regulations.

  1. International Transfers (for European Applicants) and Privacy Shield

NetBrain may transfer your personal data to countries located outside of the EU/EEA. With regard to transfers of personal data to third countries not considered adequate by the European Commission, NetBrain has put in place adequate safeguards, such as EU Standard Contractual Clauses, to protect your personal data. You may obtain a copy of these measures by contacting NetBrain’s Data Protection Officer at [email protected].

NetBrain also has certified that it abides by the EU-US and Swiss-US Privacy Shield frameworks, both for HR and Non-HR data, as set forth by the U.S. Department of Commerce regarding the collection, storage, use, transfer, and other processing of Consumer Personal Data transferred from the European Economic Area (“EEA”) to the United States, where NetBrain is headquartered. Please refer to the U.S. Department of Commerce‘s Privacy Shield List accessible here: https://www.privacyshield.gov/participant?id=a2zt0000000TNFHAA4&status=Active

For further information, please refer to NetBrain’s Privacy Shield Policy, accessible at https://www.netbraintech.com/privacy-shield/.

  1. Contact

If you have questions or requests, please feel free to contact NetBrain’s Data Protection Officer at [email protected].

(Last Updated: April 27, 2020)

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