Candidate Privacy Notice

Effective starting August 1, 2023

About this Notice

This Privacy Notice (“notice”) sets out how Visier, Inc., its subsidiaries and affiliates (“us”, “our”, or “we”) collect, use, store or otherwise process personal information about job candidates (“collectively, “you”) including when you access or use our careers website https://jobs.visier.com/ through other channels such as LinkedIn; via email; hard copy submission; or through recruitment agencies, and the rights you have in connection with that information. The term “candidate” is used in this notice to refer to anyone who applies for a job role, or who otherwise seeks to work with us, whether on a permanent or non-permanent basis.

Collection of Personal Information

Subject to applicable law, we collect the following types and categories of personal information for the purposes of recruitment:

Identification and contact information such as name, address, date of birth, email address, phone number.
National identifiers and work eligibility information such as national identification number, social security number, social insurance number, government identification number, country of residence, citizenship status, visa status, residency and work permit status, and immigration information.
Demographic information such as age, marital/civil partnership status, caregiver status, and military service.
Employment history including your resume, work history (including previous employers, job titles or positions), board and advisory roles.
Educational information such as academic degrees, professional qualifications, and certifications.
Sensitive personal information such as racial and ethnic origin, gender, sexual orientation, and disability status, where we have obtained your consent, or the collection of such data is permitted by applicable law.
Images through video monitoring (e.g. closed-circuit television “CCTV”) of our offices subject to local laws and internal policy.
Other information you voluntarily submit to us in connection with your application such as compensation history, the position(s) you wish to be considered for, willingness to relocate, and other job preferences.
Information collected as part of the interview process such as notes taken from your interviews, test scores, or other forms of assessment.
Referral names and contact information for referrals.

Collection of Personal Information from Other Sources

If your application progresses, and subject to applicable law, we may collect the following personal information about you from others, such as:

References provided by referees;
Information provided by recruitment agencies;
Other background information provided or confirmed by educational institutions or former employers;
Criminal records information obtained through criminal records checks;
Information provided by background checking agencies including credit checks and cross-identity checks; and
Information collected from publicly available sources including social media platforms you use or other information available online.

Legal Basis for Processing Personal Information

If applicable law requires a lawful basis for processing, our lawful basis for processing your personal information described in this notice will depend on the type of information concerned and the context in which we use it.

We process personal information where the processing is in our legitimate interests which is not overridden by your data protection interests or fundamental rights and freedoms, or where applicable, we have obtained your consent to process for a specific purpose.

We process personal information to perform our obligations under an agreement we have with you. For example, we use your personal information to make a job offer or to complete a contract of employment with you.

In some situations, we may have a legal obligation to collect or retain personal information to comply with employment laws or regulations. We may also need to process your personal information to protect vital interests or to exercise, establish, or defend legal claims.

Use of Personal Information

We use your personal information in connection with our recruitment process. This includes:

Assessing your skills and background for a role;
Verifying your information
Carrying out reference or background checks (where applicable);
Managing the recruitment process and communicating with you about it;
Informing you of potential opportunities;
Making a hiring decision; and
Preparing offers of employment including compensation.

Other Uses

We may de-identify and aggregate the information we collect to reduce or prevent identification of any individual for the purposes of performing statistical research and other internal analysis. We use the aggregated and anonymized data to understand the candidates who apply and to improve our recruitment process, including our diversity and equal employment opportunity efforts. Once such information has been aggregated and anonymized, the data is no longer considered personal information under applicable data protection law and this notice does not apply.

Personal Information Sharing

Your personal information may be shared internally with managers, HR and recruitment teams, and other authorized Visier team members for the purposes described in this notice.

Circumstances in which your personal information may be shared include:

With Visier subsidiaries and affiliates in order to carry out the uses of personal information described in this notice;
With a Visier employee who has referred you to inform them about the status and outcome of the referral;
With third party service providers that process personal information on our behalf including human resource services providers, recruitment agencies, background checking agencies, recruitment platform providers and providers of hosting services in relation to our careers website. Where required, they will be subject to contractual obligations to implement appropriate technical and organizational measures and to process it only as instructed by Visier;
Where required by law, or by a court order, including to meet national security or law enforcement requirements;
If we determine it is necessary to comply with the law or to protect or defend our rights or property;
As necessary to prevent or address fraud, security or technical issues or to protect against harm to the rights, property or safety of Visier, our users, candidates, employees or as otherwise required by law; and
For corporate transactions, where your personal information 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, transfer, or other disposition of all or part of our business, assets, or stock. If a corporate transaction occurs, we will provide notification of any changes to the control of your information as well as choices you may have; and
With your consent, we may share your personal information in other ways if you have asked us to do so.

Personal information may be processed by third parties, including Visier’s group companies and third party vendors, who may be based in countries other than your country of residence, including the United States. Visier implements measures with any recipients of personal information to ensure it remains protected in accordance with this notice and applicable data protection laws.

International Transfers within Visier Companies and to Third Parties

Visier operates globally and transfers personal information to Visier in the U.S, to any Visier subsidiary, or to third parties and business partners that are located in countries around the world. Personal information may be processed outside the European Economic Area (EEA) and in countries which are not subject to an adequacy decision by the European Commission (EC) and which may not provide for the same level of protection as the EEA. When you provide personal information to Visier, you consent to the processing and transfer of your information outside of your country of residence where data protection standards may be different. Our privacy practices are aligned with the requirements of the General Data Protection Regulation (GDPR). Visier complies with applicable data protection laws when transferring personal information and will always protect your information in accordance with this notice. Visier utilizes EC-approved Standard Contractual Clauses (“SCCs”), or other appropriate legal mechanisms to safeguard the transfer.

Visier Data Privacy Framework Notice

Visier complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Visier has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. Visier has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Visier is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. Visier complies with the DPF Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions.

The Federal Trade Commission has jurisdiction over Visier compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. In certain situations, Visier may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, Visier commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you.

For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.

Retention of Personal Information

Your personal information will be stored in accordance with applicable laws and retained as long as necessary to carry out the purposes described in this notice.

If you are hired, Visier will maintain your personal information as part of your employment record and process it in accordance with applicable law, including the Visier Employee Privacy Notice, a copy of which will be provided when you are onboarded as an employee.

If you are not successful, your personal information will be retained for the duration of the application process plus a reasonable period of time after to record the reasons for our decision in relation to your application. We may also retain your personal information to consider you for other suitable positions within Visier in the future.

If you would like to opt out from Visier’s policy of retaining your information for the purposes of considering your application for other suitable openings, please email recruitment@visier.com.

How We Protect Personal Information

We have implemented appropriate technical, physical, and organizational measures to protect your personal information from accidental, unlawful, unauthorized loss, alteration, disclosure, acquisition, or access. We have implemented comprehensive policies and guidelines related to the protection of personal information. Only authorized Visier team members are permitted to access personal information of candidates and only to the extent necessary to fulfill legitimate business purposes and to perform their job subject to Visier’s confidentiality obligations.

Your Privacy Rights

Subject to applicable laws, you may have certain rights related to your personal information:

Access the personal information we store about you as well as the details of why we process it;
Request correction to your personal information that is inaccurate, incomplete or outdated;
Request that we delete your personal information unless an exception applies;
Object or restrict the processing of personal information, in certain circumstances;
Where we rely on your consent to process personal information for a specific purpose, you may withdraw consent;
Provide you a copy of your personal information in a commonly used and machine-readable format, in certain circumstances.

Please note that exercise of your rights to object or restrict processing of your personal information may impact our ability to consider you for a position with Visier.

If you make a request to exercise your rights, we will require you to provide certain information for identity verification purposes. You may authorize an agent to make a request to us on your behalf and we will verify the identity of your agent or authorized legal representative by either seeking confirmation from you or asking you for documents that establish the agent’s authorization to act on your behalf.

Controller of Your Personal Information

If you are a candidate located in the UK, Switzerland, or EEA, the Visier entity which you are applying to is the controller of your personal information. That data controller is responsible for ensuring that the processing of your personal information complies with applicable data protection laws.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, see our CCPA Privacy Notice at https://www.visier.com/ccpa-privacy-notice/.

Contact Us

If you have questions about this notice, please contact us at privacy@visier.com or mail us at Visier, Inc., Attention: Privacy Team, #400-858 Beatty Street, Vancouver BC, V6B 1C1, Canada.

For candidates in the EEA, the Visier entity to which you applied for a job is the data controller of your personal information. Questions or complaints may be directed to: privacy@visier.com.

Changes to this Privacy Notice

This notice will not form part of any potential employment agreement and may be updated from time to time. We will post updated notices on our careers website. Each version is identified at the top of the page by version date.