Conductor Applicant and Candidate Privacy Notice

Version Date: March 13, 2023

Purpose

Your privacy is important to us. The purpose of this document is to set out how Conductor LLC and its affiliates (“Conductor,” “us,” “our,” or “we”) collect, use, store, or otherwise process personal data about job applicants and/or candidates (collectively, “you”), including when you access or use our careers websites, e.g., https://www.conductor.com/careers/, with whom we share it, and the rights to which you are afforded.

This Applicant and Candidate Privacy Notice (“Notice”) does not cover your use of Conductor’s products or services as a consumer (for more information, please read our website privacy notice at https://www.conductor.com/privacy-policy/), or to any third-party websites and apps that you may use, including those to which we link in our websites. You should review the terms and policies for third-party websites and apps before clicking on any links.

We recommend that you read this Notice in full to ensure you are fully informed about the manner in which we collect, use, store, or otherwise process your personal data as well as your privacy rights.

1. Collection of Personal Data

Personal Data We Collect from You. Subject to applicable law, we may collect personal data from you in connection with your job application with Conductor and Conductor’s recruitment process, which includes the following:

Contact Information. We will collect basic contact information such as your full name, email address, and phone number.
Work History. As part of the application process, we may collect a resume, CV, cover letter, or job application which may include information about your education, experiences, and job history.
Educational Information. We may collect information including degrees awarded, transcripts, and other information in support of the job application.
Online Resources. We may collect publicly available information from online sites, such as information contained within your LinkedIn profile, Facebook page, or other personal websites.
Diversity and Inclusion. Where allowed or required by law we may ask you to provide information such as ethnicity, gender identity, veteran status, or any disability or accommodation request during the recruitment process.
Candidate Assessments and Presentations. For certain roles, we may collect information from an assessment of your skills. You may also be asked to do a presentation during the recruitment process, which may be recorded and shared with the Conductor internal teams responsible for the hiring decision.
Other information. We also collect any additional information that you choose to include in your application materials or share with us during the application and recruitment process including information collected during phone screens and interviews.

Personal Data We Collect from Other Sources. Subject to applicable law, we may collect personal data about you from others, such as:

Third-Party Sources. Examples of third-party sources include employment screening agencies, background check agencies, recruiting agencies, service providers, former employers and/or schools and educational institutions, publicly available information on websites or social media (e.g., when applying through LinkedIn, where relevant for recruitment purposes and allowed by applicable law), and others where they are legally allowed to share your personal data with us. For example, if you register to be contacted by prospective employers on another website, the website may provide your personal data to us.
Individuals Who Refer You. Other individuals may give us your personal data. For example, if a friend thinks you may be interested in a job at Conductor, they may give us your contact details and resume.
Combining Personal Data from Different Sources. We may combine the personal data we receive from various sources with personal data we collect from you and use it as described in this Notice.

2. Use of Personal Data

In general, and subject to applicable law, we may use your personal data for operational purposes to:

Process your job application for employment.
Manage your relationship with us (e.g., facilitating meetings, communicating with you, providing you with requested information).
Track an application through the recruitment process.
Contact (including by email) you or others on your behalf about suitable job opportunities as they may arise.
Contact references with your authorization.
Conduct background checks with your authorization.
Evaluate you in the recruitment and hiring process, including to assess your eligibility for available positions at Conductor.
Evaluate you for current and future job opportunities, including matching your skills and interests to applicable job requirements.
Conduct internal analyses to understand the job applicants and/or candidates who apply and to improve our recruitment process, including our diversity and equal employment opportunities efforts.
Comply with legal obligations (e.g., health and safety, anti-discrimination laws).
Analyze job applicants and/or candidate life cycle trends, including generating reports in an aggregated and de-identified or anonymized format.

Other Uses. We may combine the information we collect (“aggregate”) or remove pieces of information (“de-identify”) to limit or prevent identification of any particular individual to help with goals like research and recruiting. Once such information has been aggregated and anonymized such that it is no longer considered personal data under applicable data protection law, this Notice does not apply.

Lawful Basis for Processing Your Personal Data. If applicable law requires a lawful basis for processing, our lawful basis for collecting and using the personal data described in this Notice will depend on the type of personal data concerned and the specific context in which we collect or use it. Depending on the jurisdiction in which you live, there may be other applicable lawful bases for processing your personal data that are not listed here.

We normally collect or use personal data from you or others where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms (e.g., to communicate with you, to evaluate your application, to manage our recruitment processes efficiently and fairly), or where applicable, where we have obtained your consent to process for a specific purpose. In certain situations, we may have a legal obligation to collect or retain personal data (e.g., to comply with applicable employment and works council laws and regulations) or need the personal data to protect your vital interests or those of another person.

When we process sensitive personal data about you, we will make sure that one or more of the lawful bases for processing sensitive personal data, as referenced above, applies. For instance, these include processing which is necessary for the purpose of satisfying our obligations in relation to employment law, processing related to data about you that you have made public, and processing which is necessary for the purpose of establishing, making or defending legal claims.

If you have questions about or need further information concerning the lawful bases on which we collect, use, store, or otherwise process your personal data, please contact us using the contact details provided in Section 9 of this Notice.

3. Personal Data Sharing

Subject to applicable law, including consent (as required), we may share personal data in the following circumstances (where applicable):

Internally. Your personal data may be disclosed to personnel involved in the recruiting and hiring processes, Human Resources, or third party administrators for recruitment or other legitimate business purposes.
Service Providers. We may share your personal data with service providers in connection with the provision of services including, but not limited to, the following: recruitment, talent acquisition and administration, technology services, background checks, where allowed by applicable law, and employment history checks. We have contracts with our service providers that address the safeguarding and proper use of your personal data.
Affiliates. We may share your personal data with affiliates under common ownership or control of Conductor for purposes of recruiting or evaluating job applicants and/or candidates, resource planning, and talent and recruitment as well as other legitimate business purposes.
Recruitment Agencies. We may share your personal data with recruitment agencies with whom you provided your personal data or make your personal data publicly accessible to recruitment agencies.
Your Employer or Organization or Reference Checks. When you apply for a position at Conductor, we may be required to share personal data when we contact your previous or current employer to verify your employment history or your references.
Legal Compliance and Litigation Purposes. We may share your personal data to comply with our legal obligations, regulations, or contracts, or to respond to a court order, administrative, or judicial process, such as a subpoena, government audit, or search warrant where we are legally compelled to do so. We also may share your information to seek legal advice from our external lawyers, in connection with litigation with a third party, when there are threats to the physical safety of any person or violations of Conductor policies or other agreements, or to protect the legal rights of third parties, including our employees, users, or the public.
Corporate Transactions. Your personal data may be disclosed or transferred to relevant third parties in the event of, or as part of the due diligence for, any proposed or actual reorganization, sale, merger, consolidation, joint venture, assignment, transfer, or other disposition of all or part of our business, assets, or stock (including in connection with any bankruptcy or similar proceeding).
Consent. We may share your personal data in other ways if you have asked us to do so or have given consent.

Subject to applicable law, your personal data may be processed in the countries where you have applied for a job, the United States, or any other country where Conductor or its affiliates have operations. Any third party processing your personal data on behalf of Conductor must comply with all relevant privacy laws in order to protect your personal data in any country where they process or transfer your personal data. If Conductor transfers your personal data outside the European Economic Area (EEA) to our affiliates or to a third party, Conductor has and will continue to implement measures with any such recipients of your personal data to ensure it remains protected in accordance with this Notice and applicable data protection laws and to ensure that the transfer is lawful and that there are appropriate security arrangements in place, including, where appropriate, the usage of the EU standard contractual clauses.

4. Retention of Personal Data

Unless a longer retention period is required by law, we will retain your personal data for as long as is needed to fulfill the purposes outlined in this Notice or for as long as we have a legitimate business interest that is not outweighed by your data protection interests or fundamental rights and freedoms. When we have no ongoing legitimate business need to process your personal data, we will either delete or anonymize it or, if this is not possible (e.g., because your personal data has been stored in backup archives), then we will securely store your personal data and isolate it from any further processing until deletion is possible. As such, we reserve the right to use such anonymous data for any legitimate business purpose without further notice to you or your consent.

5. Your PrivacyRights

Certain jurisdictions may provide you with privacy rights under applicable data protection or privacy law regarding your personal data. In particular, you may have the right to:

be informed about your personal data;
access your personal data;
correct any personal data that is inaccurate;
have your personal data erased;
restrict or suppress the processing of your personal data;
obtain and reuse your personal data;
object to the processing of your personal data;
object to how your personal data is used in automated decision making, if applicable;
lodge a complaint with a supervisory authority; and
obtain a copy of Standard Contractual Clauses (if applicable).

These rights may be limited, for example, if fulfilling your request would reveal personal data about another individual, or if you ask us to delete personal data which we are required by law to keep or which we need to defend claims against us.

If you are a California resident, please see Section 10 for additional disclosures and information about the personal data we have collected about you over the last 12 months and rights you may have regarding your personal data.

If you do not wish to receive our email marketing communication for promotional purposes, you may opt out by clicking on the “unsubscribe” or “opt out” link in the marketing e mails we send you.

If we process your personal data in reliance upon your consent, you can contact us at any time to withdraw your consent.

We will respond to requests to exercise your rights in accordance with the requirements of applicable data protection laws. Please note that in order to fulfil your request, we may need you to provide certain personal data to verify your identity. Depending upon applicable data protection and privacy law, individuals may also designate an authorized agent to exercise these rights on their behalf.

If you wish to exercise these rights, please contact us at [email protected].

6. How We Protect Your Personal Data

We use technical and organizational measures that provide a level of security appropriate to the risk of processing your personal data. Please be aware, however, that no method of transmitting information over the internet or storing information is completely secure.

7. Changes to This Notice

This Notice will not form part of any potential employment contract and we may change it from time to time. We will post any changes to this Notice on this page. Each version of this Notice is identified at the top of the page by its version date.

8. Compliance with Laws

This Notice is a general guide on how Conductor processes your personal data. As such, you should be aware that data protection and privacy laws can vary in different jurisdictions where Conductor operates. Conductor’s policy is to comply with applicable laws, including requirements in certain countries that Conductor notify individuals in that country of its personal data practices, and in some cases, obtain consent to those practices. Where applicable laws are stricter than the practices described in this Notice, Conductor has adopted specific privacy practices in those locations to satisfy those stricter requirements.

9. How to Contact Us

For questions or complaints regarding our use of your personal data or this Notice, please contact us at [email protected] or mail us at Conductor LLC, Attn: Legal Department, 2 Park Avenue #1501, New York, New York 10016 USA.

For job applicants and/or candidates in the EEA, the Conductor entity to which you applied for a job is the data controller of your personal data, but questions or complaints may still be directed to [email protected].

10. Supplemental Privacy Disclosures for Job Applicants and/or Candidates in Certain Locations

If you reside in one of the following locations, the additional privacy notice below also applies to the processing of your personal data. To the extent there is a conflict between the location-specific language below and the provisions above, the below provisions control to the extent of that conflict.

Please note that in the event you are approved during the recruitment and hiring process, the processing of your personal data will be completely regulated by Conductor’s Employee Privacy Policy. In case of a conflict between this document and the Conductor Privacy Policy, the latter shall prevail.

ADDITIONAL INFORMATION FOR APPLICANTS THAT ARE CALIFORNIA RESIDENTS

We are providing this additional information to comply with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”). This section applies solely to applicants who reside in the State of California. Any terms defined in the CCPA have the same meaning when used in this section of the Notice.

A. Categories of Personal Information We Collect

During the application, recruitment, interview, and/or any onboarding process prior to employment at Conductor, we collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you. The table below identifies the categories of personal information that Conductor has collected from you as an applicant to an open position at Conductor in the preceding twelve (12) months:

CATEGORIES OF PERSONAL INFORMATION / EXAMPLES OF SPECIFIC PIECES OF PERSONAL INFORMATION WE MAY COLLECT

A. Identifiers

A real name (including name pronunciation), alias, nickname, signature, postal address, country of residence, email address, telephone number, date of birth, Social Security Number (SSN), driver’s license number or other government identification, passport number, username, social media profile, social media URL address, account name, unique personal identifiers, online identifier, Internet Protocol (IP) address, device IDs, and other similar identifiers.

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Name, signature, SSN, address, telephone number, physical characteristics or description, passport number, driver’s license or state identification card number, education, employment, and employment history. Some personal information included in this category may overlap with other categories.

C. Protected classification characteristics under California or federal law

Protected classification characteristics include your age, race, skin color, ancestry, ethnicity/national origin, citizenship, religion (includes religious dress and grooming practices), marital status, disability (including mental and physical), sex/gender (includes pregnancy, childbirth, breastfeeding and/ or related medical conditions), gender identity (including personal pronouns), gender expression, sexual orientation, marital status, and veteran or military status.

D. Commercial information

None

E. Biometric information

None

F. Internet or other similar network activity

Login data and information relating to your interaction with our website or mobile application (if you submit your application via our website or mobile app); the contents of and information contained in emails or other communications that you send to us.

G. Geolocation data

Time zone setting and location.

H. Audio, electronic, visual, thermal, olfactory, or similar information

Imagery of your face and voice recordings, such as recordings of you pronouncing your name or participating in an interview.

I. Professional or employment-related information

Professional or employment-related data, maintained as part of your application, recruitment, and/or onboarding process that includes, or may be present in, any of the following: a job application, resume, or cover letter; references; education; education level; languages; work experience; badges or skills; title and location of job to which you applied; desired salary or compensation information; or contact information.

J. Non-public education information, per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))

Information about your educational background, such as education records, report cards, and transcripts that are not publicly available.

K. Inferences drawn from other personal information to create a profile

Profile reflecting your character, characteristics, reputation, preferences, predispositions, behavior, attitudes, or abilities. This includes the results of any assessments you take during the application or review process.

L. Sensitive Personal Information

Nationality, Citizenship, and Government Identifiers – Country of birth, government identification documents (including passports and residency permits), and SSN (or equivalent).
Demographic Information – Protected classifications under U.S. or California Law such as, race, ethnicity, union membership, disability, or accommodation request. Some personal information included in this category may overlap with other categories.

Conductor will not collect additional categories of personal information or use the personal information we collect for materially different, unrelated, or incompatible purposes, without providing appropriate notice to you.

B. Sources of Personal Information

We obtain the categories of personal information listed above from the following categories of sources:

Directly from you. For example, when you submit your application and resume/CV, or correspond with us by post, phone, e-mail or otherwise.
Indirectly from you. For example, through automated technologies or your interactions with us.
Third Parties. We may receive personal information about you from various third parties, such as your references, background check providers, service providers, or other third parties that you direct to share information with us.

C. Purposes for Collecting and Using Your Personal Information

We collect, use, and process your personal information for various business purposes as an employer to evaluate you as a candidate, including those listed in Section 2 above.

In addition to the reasons listed above, we collect sensitive personal information for the following business purposes:

Monitoring equal employment opportunities.
Conducting background verification processes (to the extent permitted by applicable laws).

D. Disclosures of Your Personal Information

We describe in Section 3 above the context in which your personal information may be disclosed to a third party. The table below identifies the categories of personal information disclosed to third parties, service providers, or others for a business purpose in the preceding twelve (12) months.

CATEGORY OF PERSONAL INFORMATION DISCLOSED FOR A BUSINESS PURPOSECATEGORIES OF THIRD PARTIES

A. Identifiers

Affiliates
Vendors, and service providers, and contractors
Background check providers
Professional advisors

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Affiliates
Vendors, and service providers, and contractors
Background check providers
Professional advisors

C. Protected classification characteristics under California or federal law

Affiliate
Vendors, and service providers, and contractors
Professional advisors

D. Commercial information

E. Biometric information

F. Internet or other similar network activity

Affiliates
Vendors, and service providers, and contractors
Professional advisors

G. Geolocation data

Affiliates
Vendors, and service providers, and contractors
Professional advisors

H. Audio, electronic, visual, thermal, olfactory, or similar information

Affiliates
Vendors, and service providers, and contractors
Professional advisors

I. Professional or employment-related information

Affiliates
Vendors, and service providers, and contractors
Professional advisors

J. Non-public education information, per the Family Educational Rights and Privacy Act

Affiliates
Vendors, and service providers, and contractors
Professional advisors

K. Inferences drawn from other personal information to create a profile

Affiliates
Vendors, and service providers, and contractors
Professional advisors

L. Sensitive Personal Information

Affiliates
Vendors, and service providers, and contractors
Professional advisors

In addition, Conductor may disclose any or all of the personal information identified in the categories above to the following categories of third parties for a legitimate business purpose and/or where Conductor has a legal obligation to make such disclosure, such as to:

Government entities, where required by law or in order to comply with our legal or regulatory obligations;
Other third parties, where required by law or in order to protect our rights, or the rights of our customers or others;
Third parties, in connection with a change of corporate control or other investment in Conductor; or
Third parties, where you have expressly consented to the disclosure of your personal information.

Conductor does not “sell” or “share” your personal information (including sensitive personal information) as each term is defined under the CCPA. Conductor does not use or disclose your sensitive personal information, except as necessary to evaluate you as a candidate (as detailed further in this Notice).

E. Your Rights Under the CCPA

As a California resident, you may have the rights listed below in relation to personal information that we have collected about you. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law.

Right to Know
- The right to request that we disclose to you the categories of personal information we collect, use or disclose, and information about our data practices.
Right to Access
- The right to access specific pieces of personal Information or categories of personal information collected about you and to know the source from which it was collected, the business or commercial purpose for which it was collected or shared and the categories of third parties with whom the personal information was shared.
Right to Delete
- The right to request that Conductor delete your personal information that we have collected from you.
Right to Correct
- The right to request that Conductor correct any inaccurate personal information that it maintains about you.
Right of No Retaliation
- The right not to be discriminated against because you exercised any of your CCPA rights.

To exercise a CCPA consumer right as described above, you can submit a verifiable consumer request to us by emailing [email protected].

Making a Verifiable Consumer Request:

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Using an Authorized Agent: If you use an authorized agent to submit a consumer request, the authorized agent must provide documentation or other proof indicating that they are authorized to act on your behalf. For requests to correct, access or delete, we may require you to verify your identity directly with us (for example, by emailing us directly from your email address associated with your application), and directly confirm with us that you provided the authorized agent permission to submit the request. If you are an authorized agent, you may make a request by emailing [email protected] and providing documentation or other proof indicating that you are authorized by the consumer to act on their behalf. The agent must provide documentation necessary (as determined in Conductor's discretion) to verify the agent has authority to act on the consumer's behalf in relation to CCPA requests.

Limitations on CCPA Requests: You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Response Timing and Format: We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing (email suffices). Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data access requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance, for example, through an Excel file format. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

ADDITIONAL INFORMATION FOR APPLICANTS THAT ARE EUROPEAN UNION RESIDENTS

We are providing this information to comply with Regulation (EU) 2016/679 of the European Parliament of the Council of 27 April 2016 (the “GDPR”). This section applies solely to applicants who are located in the European Union. Any terms defined in the GDPR have the same meaning when used in this section of the Notice.

The Controller is Conductor LLC, located at 2 Park Avenue #1501, New York, New York 10016 which can be contacted via post at this address attention Legal Department or via email: [email protected].

The Controller is represented in the European Union by Conductor GmbH, located at Greifswalder Straβe 212, 10405 Berlin which can also be contacted via post at this address attention Data Protection Officer or via email: [email protected].

We process your personal data under one of the following bases:

To comply with our contractual obligations to you or to take steps to enter into a contract with you;
To comply with our legal obligations; and/or
To meet our legitimate interests in conducting recruitment activities.

Additionally, if you provide consent your personal details will be added to our applicant pool. This means we store the application documents beyond the current application period for consideration in later application procedures. You have the right to withdraw your consent for such processing at any time.

The recipients or categories of recipients of the personal data are detailed in the table above located at Section 10 D of this Notice.

As the Controller is located in the United States, it intends to transfer and process the personal data to this jurisdiction. Conductor has made appropriate and suitable safeguards to facilitate this transfer of personal data. Details of these safeguards can be obtained at https://www.conductor.com/legal/security-policy/

If an employment relationship between you and Conductor is not concluded, we may also further store data, insofar as this is necessary to defend against possible legal claims. Your data will be deleted within 6 months after the end of the application process.

If an employment relationship is not established, but you have provided your consent for the further storage of your data, we will store your data until your consent is revoked, but for a maximum of a further one year. On specific occasions, we may also store your data for a longer period of time for the purpose of defending against possible legal claims.

You have the right to request from Conductor access to and rectification or erasure of personal data or restriction of processing or to object to processing as well as the right to data portability.

You have the right to lodge a complaint with a supervisory authority.

To exercise your rights, you may contact the Controller or the Data Protection Officer via the contact details provided above. We will action your request in accordance with the applicable legal provisions.

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