Job Candidate Privacy Notice

1. Introduction

This Job Candidate Privacy Notice (the “Candidate Privacy Notice”) describes the personal information that Topstep LLC and its, subsidiaries, corporate affiliates, and related entities (collectively, the “Company”, “we”, “us”) collects from or about its job candidates (“Job Candidate Personal Information”).  The purpose of this Candidate Privacy Notice is: (i) to provide a consistent policy statement and guidelines for the collection, processing, storage, transfer, and use of Job Candidate Personal Information, and (ii) to inform job candidates of the Company of the principles under which the Company processes Job Candidate Personal Information. 

2. Compliance with local laws

This Candidate Privacy Notice is meant to guide the Company with respect to Job Candidate Personal Information.  However, the Company has operations in many jurisdictions which have varied laws, rules and regulations related to the privacy of Job Candidate Personal Information.  It is the Company’s policy to comply with the privacy laws within each jurisdiction in which the Company operates.

3. Collection and Use of Job Candidate Personal Information

The Company collects or may collect the following types of Job Candidate Personal Information depending upon your prospective employment responsibilities, citizenship, location of employment, and other factors:

• Identifiers & Contact Information
  • name including name history (e.g., maiden name) 
  • beneficiary and emergency contact information*
  • phone numbers
  • email addresses
  • mailing addresses
  • photographs and video*
  • government identification numbers (e.g., social security numbers, taxpayer identification numbers, drivers’ license numbers)* 
  • date of birth
• Professional & Employment History
  • resumes and employment applications
  • references and interview notes
  • education, training, qualifications, and other certification documentation or information
• Demographic Information
  • veteran status
• Legal Information
  • health* and disability data
  • citizenship and/or immigration status
  • data related to criminal records 
• Other data deemed to be necessary by the Company or voluntarily disclosed during an application for employment with the Company

* Indicates types of Job Candidate Personal Information typically collected following a job offer, if any.

Company collects the majority of Job Candidate Personal Information directly from the applicable job candidate. In limited circumstances, third parties provide Job Candidate Personal Information to us including, without limitation, former employers, references, government agencies or regulators, law enforcement, and third-party service providers. You may refuse to disclose some Job Candidate Personal Information although in some circumstances this may impact our ability to adequately consider your application.

The Company may hold, use, and disclose your Job Candidate Personal Information for the following purposes:

• Managing the Employer Relationship: to determine your eligibility for employment with the Company including the verification of references and qualifications; to identify you; to communicate with you; to establish training and development requirements; to conduct performance reviews and determine performance requirements; to assess your qualifications for a particular job, task, or assignment; for human resources management purposes; to conduct data analytics and analysis to review retention, attrition rates, and other related statistics.
• Verification and Access: To verify your identity; to facilitate your access to Company facilities and/or premises.
• Maintain Emergency and General Contacts: To establish a point of contact in the event of an emergency; to contact family or designated individuals; to compile directories.
• Safety and Security: to comply with laws, rules, or regulations; when, in the Company’s judgment, disclosure is necessary to prevent fraud or to comply with any statute, law, rule or regulation of any governmental authority or any order of any court of competent jurisdiction; to verify your identity for access to Company systems, networks, databases, software, hardware, or devices; to ensure network and information security, including preventing unauthorized access to our computer and electronic communications systems and preventing malicious software or code distribution.
• Business Transaction: To transfer personal data in connection with an asset sale, acquisition, merger, consolidation, reorganization, divestiture, stock sale, purchase of part or all of the assets of the Company or any of its subsidiaries or affiliates, or other transaction, or by way of assignment (whether by operation of law or otherwise) in connection with any such or similar transaction or in connection with the administration of a bankruptcy estate.  In such event, your personal data may become the property of the successor and will be subject to the successor’s privacy policies.
• Legitimate Business Purposes: To provide and operate the Company’s business processes, systems and business operations; when the Company outsources some or all of its operations to third party service providers who provide services for the Company; to third parties engaged by the Company and serving in an agency capacity to perform functions on behalf of the Company including, without limitation, the processing of personal data for compensation, the performance of legal and other professional services; in connection with a sale or other disposition of an affiliate or business unit; to enforce or apply the Company’s policies and other agreements; to support internal administration with our affiliates.

Company will only use Job Candidate Personal Information for the above purposes and for compatible purposes. If Company needs to use Job Candidate Personal Information for an incompatible or secondary purpose, Company will provide prior notice to you, and if required by applicable local laws, obtain consent. Company can use Job Candidate Personal Information where required by applicable law, regulation, subpoena, or court order.

While we may use some automated processes to evaluate candidates, we do not automate our decision making process.

4. Collection and Use of Sensitive Information

Certain jurisdictions provide special categories of personal data that are considered sensitive information under the applicable local laws. Where required by local law, Company will obtain prior consent from the job candidate before collecting sensitive data from the job candidate. 

Company collects and uses the following special categories of personal data when you voluntarily provide them:

• Social Security number and other government identification numbers (e.g., drivers licenses); 
• citizenship or immigration status; and
• health and disability data.

Company collects and uses the foregoing special categories of personal data for the following legitimate business purposes:

• to carry out our obligations under employment law;
• for the performance of the hiring process and creating the employment contract, and as reasonably expected in the job candidate-potential employer relationship;
• to protect the Company’s legal interests and to ensure the physical safety of the Company and other individuals; and
• as otherwise required by law.

Where Company has a legitimate need to process special categories of personal data for purposes not identified above and where required by applicable law, Company will only do so after providing you with notice and, if required by applicable law, obtaining prior consent. 

5. Selling Personal Data

Company does not sell or share personal data with any third parties for cross-context behavioral advertising or to use for their own purposes. We also do not use personal data for marketing purposes. If we undergo a change in control, acquisition, merger, reorganization, asset sale (in whole or in part), or similar transaction, we may transfer, sell, share, or otherwise disclose Collected Information to the subsequent owner(s) or successor(s) of those transactions. We may also disclose Collected Information in connection with the evaluation of those transactions.

6. Disclosure of Personal Data to Third Parties

Company may share your Job Candidate Personal Information with the following:

• Other employees.
• Our subsidiaries, affiliates, or their or our successors or assigns.
• Our contractors, business partners, service providers, and other third parties who require the data to assist us (including, for example, recruiters and information technology / software service providers) in establishing, managing, or terminating your employment with us, including third parties that provide products or services to us and, by extension, to our employees.
• Background check providers.
• A potential buyer (and its agents and advisors) in connection with any proposed merger, acquisition, or any form of sale or transfer of some or all of our assets (including in the event of a reorganization, dissolution or liquidation), in which case, personal data held by us about you will be among the assets transferred to the buyer or acquirer.
• A third party under the following circumstances where we, in good faith: (i) believe we are compelled by applicable law or regulation, judicial request from a court of competent jurisdiction, or another legal process or government authority; (ii) find it necessary to exercise, establish or defend our legal rights; (iii) seek to protect Company’s rights or property; (iv) seek to protect Company, our other customers, or the public from harm or illegal activities; (v) seek to respond to an emergency which we believe, in good faith requires us to disclose data to prevent harm; and (vi) rely on your consent.

7. Security

We have implemented measures designed to secure Job Candidate Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of Job Candidate Personal Information also depend on you. Unfortunately, the transmission of information via the internet is not completely secure. Despite our measures, we cannot guarantee the security of Job Candidate Personal Information. Any transmission of personal information is at your own risk. 

If you become aware of any breach regarding Job Candidate Personal Information security or of this Candidate Privacy Notice, please notify us at [email protected] immediately. 

8. Accuracy

It is every job candidate’s responsibility to provide the Company with accurate Job Candidate Personal Information.  A job candidate must notify the Company when there are changes so Company is above to ensure the personal data collected is reliable for its intended use.  Except as otherwise set forth in this Candidate Privacy Notice, the Company shall only use Job Candidate Personal Information in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual.  To the extent necessary for these purposes, the Company shall take reasonable steps to ensure that Job Candidate Personal Information is accurate, complete, current and relevant to its intended use. 

9. Information for California Residents

The following section of this Candidate Privacy Notice only applies to California residents.

Collection

Consistent with the “Collection and Use of Job Candidate Personal Information” section above, the Company collects certain categories and specific pieces of Job Candidate Personal Information about job candidates who reside in California (“CA Job Candidate Personal Information”). In the prior 12 months, the Company collected the following types of categories of Job Candidate Personal Information from California residents, which the Company will continue to collect:

Personal Data	We collect such Personal Data for the following purposes (as defined in the body of the Candidate Privacy Notice above):
Identifiers	Managing the Employer Relationship; Verification and Access; Maintain Emergency and General Contacts; Safety and Security; Business Transactions; Legitimate Business Purposes
Characteristics of protected classifications under California or federal law	Managing the Employer Relationship; Safety and Security; Business Transactions
Internet or other electronic network activity information	Managing the Employer Relationship; Safety and Security; Verification and Access; Legitimate Business Purposes
Approximate Geolocation	Same as above
Audio, electronic, visual, thermal, olfactory, or similar information.	Managing the Employer Relationship; Verification and Access; Safety and Security
Professional or employment-related information	Managing the Employer Relationship; Verification and Access; Maintain Emergency and General Contacts; Safety and Security; Business Transactions; Legitimate Business Purposes
Education information	Same as above
Inferences	Same as above
Sensitive Personal Information	To carry out our obligations under employment law; for the performance of the hiring process and to facilitate the hiring and onboarding process as reasonably expected in the job candidate-employer relationship; to protect the Company’s legal interests and to ensure the physical safety of the Company and other individuals; as otherwise required by law.

Sources

Consistent with the “Collection and Use of Job Candidate Personal Information” section above, the Company collects certain categories of CA Job Candidate Personal Information directly from job candidates and, in some circumstances, third parties. The categories of sources that the Company collected CA Job Candidate Personal Information from in the prior 12 months include the following:

• • The Company’s internal and external Website’s (including a job candidate’s email).
  • The Company’s third-party service providers.
  • Recruiters.
  • Third-party websites related to careers and job postings, such as LinkedIn.
  • Job candidate communication with the Company.
  • The U.S. Government (through E-Verify or TWIC).

Disclosures to Third Parties

In the preceding twelve (12) months, we have not sold or shared (as such terms are defined in the CCPA) any Job Candidate Personal Information.

Consistent with the “Disclosure of Personal Data to Third Parties” section above, the Company discloses certain categories of CA Job Candidate Personal Information with third parties pursuant to the purposes listed in the “Collection and Use of Job Candidate Personal Information” section above. 

California Privacy Rights

The California Consumer Privacy Act (the “CCPA”) grants individuals that are California residents certain rights in regard to our collection of CA Job Candidate Personal Information. These rights include, only to the extent applicable and to the extent granted to you under the CCPA: 

• • The right to request the disclosures of (1) what CA Job Candidate Personal Information has been collected; (2) the categories of sources from which the CA Job Candidate Personal Information was collected; (3) the business or commercial purpose for collection or selling/sharing (if applicable) CA Job Candidate Personal Information; (4) the categories of third parties with whom the Company shares CA Job Candidate Personal Information; and (5) the specific pieces of CA Job Candidate Personal Information the Company has collected;
  • The right to request a copy of your CA Job Candidate Personal Information in a common, machine-readable format;
  • The right to request the deletion of their CA Job Candidate Personal Information that has been collected; 
  • The right to request the correction of their CA Job Candidate Personal Information that has been collected; and
  • The right to not be discriminated against due to their exercise of their rights under the CCPA. The Company does not discriminate against job candidates for exercising the rights granted to them under the CCPA.

We do not sell your CA Job Candidate Personal Information to third parties, nor do we share your CA Job Candidate Personal Information for purposes of cross-contextual behavioral advertising as defined under the CCPA. Additionally, we do not use your CA Job Candidate Personal Information in purely automated-decisionmaking processes that result in legally significant or substantially similar decisions. 

Exercising Your Rights

The above rights are only exercisable by you where the CCPA grants you the right to be exerted and where no exception or exemption under the CCPA applies. You may also have a registered agent (if and only as permitted under applicable law) that you authorize to act on your behalf. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act. 

To exercise your rights as described herein, you may submit a request to us (as described above) by filling out this online form or emailing [email protected]. We will respond to requests within the applicable timeframe required by the CCPA.

10. Information for Canadian Residents

In addition to the disclosures elsewhere in this Candidate Privacy Notice, Canadian or provincial law requires further disclosures. This section only applies to the extent you reside in Canada.

As a Canadian resident, you may have the following rights with respect to personal information about you (subject to all applicable exemptions and exceptions):

• The right to request access to your personal information;
• The right to request corrections to your personal information; and
• The right to lodge a complaint with the Office of the Privacy Commissioner of Canada and/or the applicable Canadian provincial regulatory body if you consider that the collection and use of your personal information violate this Job Candidate Privacy Notice or applicable law.

The above rights are only exercisable by you where applicable law in the jurisdiction in which you reside actually grants you the right to be exerted. To exercise your rights, please contact us by either submitting an online form or by emailing [email protected].

11. Data Retention and Destruction

Company retains Job Candidate Personal Information in accordance with Company policies and practices, applicable law and contractual obligations. 

12. Cross-Border Transfers of Job Candidate Personal Information

Company has centralized aspects of its processing of Job Candidate Personal Information.  Accordingly, the Company (including its international affiliates) may transfer or provide Job Candidate Personal Information to Company affiliates or third-party service providers both in and outside of the nation where you reside and/or work. Where required by applicable law, we will obtain your prior consent for such transfers, or Company will have ensured that Job Candidate Personal Information subject to such a transfer is adequately protected through the use of contractual clauses, or other lawful and adequate means.

13. Changes to this Candidate Privacy Notice

This Candidate Privacy Notice applies from the date indicated above. Company reserves the right to amend the Candidate Privacy Notice from time to time, consistent with the requirements of applicable law. Any updated version of this Candidate Privacy Notice will be made available on this site.

14. Contacting the Company

If any individual has questions regarding this Candidate Privacy Notice, they may contact the Company at [email protected].