NinjaOne Applicant and Candidate Privacy Policy

Last updated August 10, 2023

 

1.     Scope

Thank you for considering a job opportunity at NinjaOne!

This Applicant and Candidate Privacy Policy (“Policy”) applies to the processing of personal data collected in connection with career opportunities at NinjaOne, LLC and its affiliates (“NinjaOne”, “we”, “us”, or “our”) and our recruitment process. It explains how and why we collect, process, share, and use your personal data, as well as the rights and choices you have with respect to your personal data.

2.     Sources of Personal Data

In connection with your application for employment with us, we will collect personal data from you, which primarily includes, but is not necessarily limited to, the following:

a.     The information you provide in your resume, curriculum vitae, and/or cover letter;
b.     The information you provide on the application form;
c.     The information you provide during an interview; and
d.     Test results and work sample (if applicable to the position).

We use recruiting platforms (like LinkedIn, HireHive, or Jobvite) to organize and facilitate our recruitment process. If you apply to a NinjaOne position by using one of those platforms, that platform may provide your personal data to us.

In addition, in some cases, we may contact your references, review personal information made publicly-accessible by you (like your LinkedIn profile), use a recruitment agency, and/or perform a background and/or credit check. When we do that, those sources may provide your personal data to us. We use all such sources in a lawful manner.

3.     The Personal Data We Process

Depending on the circumstances, we process some or all of the personal data categories listed below in order to consider you for employment with us.

a.     Identifiers, such as your full name and contact information (e.g., home address, email address, and phone number);
b.     Professional- or employment-related information, such as your place(s) of employment, positions, job history, salary (current and/or desired), resume, and other related data;
c.     Education information, such as education records, degrees and vocational certifications obtained, and transcripts; and
d.     Work authorization information, such as your citizenship and/or permanent residence (in limited circumstances).

4.     Our Business Purposes

We process the personal data categories listed above for the following business purposes:

a.     To communicate with you throughout the recruitment process;
b.     To assess your qualifications, skills, and suitability for the applicable position;
c.     To verify the information you provide;
d.     To book travel for on-site interviews, if applicable;
e.     To consider you for, and inform you about, other or future job opportunities with NinjaOne;
f.      To prepare your employment agreement if you accept a position with NinjaOne;
g.     To assist you in obtaining an immigration visa or work permit, if applicable; and
h.     To comply with applicable laws, regulations, legal processes, and/or government requests.

In addition, we may aggregate, anonymize, and/or de-identify your personal data in order to perform analyses designed to help us evaluate, maintain, and/or improve our recruitment process. Once personal data is aggregated, anonymized, or de-identified, it can no longer be associated with any individual person.

5.     How We Share Personal Data

We may share your personal data with third-party service providers, such as recruiting tools or platforms, to organize and facilitate our recruitment process. We may also share your personal data with NinjaOne’s affiliates.

Notwithstanding the foregoing, please note that we do not “sell” or “share” personal data that we collect during the recruitment process, as those actions are defined under the California Consumer Privacy Act (CCPA). However, we do “sell” and “share” certain personal data outside of the recruitment process – for example, in the context of our marketing activities and the operation of the NinjaOne website. If you are a resident of California and would like more information in this regard, you may find it in our Privacy Policy, and you may exercise certain opt-out rights here.

6.     How We Retain Personal Data – California Applicants Only

If your application leads to you becoming a NinjaOne employee, relevant data we collect about you during the recruitment process will become a part of your employment record and retained in accordance with our privacy policy applicable to our employees.

If you are a resident of California and you do not become a NinjaOne employee, we retain your personal data for 4 years after the date on which you submit your application so that we may consider you for future job opportunities at NinjaOne and in order to comply with certain legal obligations. In limited circumstances, we may retain your personal data for longer in order to resolve any disputes related to our recruitment or hiring process.

All personal data retained by NinjaOne will be stored in a secure and confidential manner with limited access rights for the duration of its retention.

7.     How We Retain Personal Data – All Other Applicants

If your application leads to you becoming a NinjaOne employee, relevant data we collect about you during the recruitment process will become a part of your employment record and retained in accordance with our privacy policy applicable to our employees.

If you do not become a NinjaOne employee, we retain your personal data so that we may consider you for future job opportunities at NinjaOne and in order to comply with certain legal obligations. In general, we retain your personal data for the following periods:

a.     If you are a resident of the United Kingdom (UK) or European Union (EU)/European Economic Area (EEA), 2 years after the date on which you submit your application; or
b.     If you are neither a resident of the UK nor the EU/EEA, 3 years after the date on which you submit your application.

In limited circumstances, we may retain your personal data for longer than the applicable time period stated above in order to resolve any disputes related to our recruitment or hiring process.

If you do not want us to retain your personal data in order to consider you for future job opportunities at NinjaOne, you may object to such retention as described in Section 10 below.

All personal data retained by NinjaOne will be stored in a secure and confidential manner with limited access rights for the duration of its retention.

8.     How We Transfer Personal Data

If we transfer personal data from the UK or EU/EEA to the United States (or to another location outside of the UK or EU/EEA), we will use tools to make sure the data transfer complies with applicable law (including the General Data Protection Regulation (GDPR)) and to help to give your data the same level of protection that it has in the UK or EU/EEA and/or under the laws which apply where you live. These tools include, but are not necessarily limited to, the implementation of the Standard Contractual Clauses, and the use of encryption.

9.     Automated Decision-Making

In some circumstances, our recruitment processes use elements of solely automated decision-making in order to confirm that we only proceed with candidates who meet the minimum requirements for a job, as set out in a job description. For example, if (a) the job description clearly requires candidates to have previously had managerial experience, (b) the application form asks if you have managerial experience, and (c) your answer in the application form is “No”, then your application may be rejected automatically. You may request a manual review of the decision by emailing [email protected].

10.  Your Rights

Privacy laws, including the GDPR and the CCPA, give rights to individuals over their personal data. As available and except as limited under applicable law, the rights afforded to individuals include the following:

a.     Be informed – Be informed of the personal data we process about you and how we process it.
b.     Access – Request access to the personal data we process about you.
c.     Correct – Request that we amend or update your personal data where it’s inaccurate or incomplete.
d.     Delete – Request that we delete certain personal data about you.

For example, you can ask us to delete personal data:

i.     that we no longer need for the purpose it was collected for;
ii.     that we process based on the legal basis of consent, and you withdraw your consent; or
iii.     when you make a justified objection (see subsection titled “Object” below).

There are situations where NinjaOne is unable to delete your data, for example when:

iv.     it’s still necessary to process the data for the purpose we collected it for;
v.     NinjaOne’s interest in using the data overrides your interest in having it deleted;
vi.     NinjaOne has a legal obligation to keep the data; or
vii.     NinjaOne needs the data to establish, exercise, or defend legal claims.

e.     Restrict – Request that we stop processing all or some of your personal data.

You can do this if:

i.     your personal data is inaccurate;
ii.     our processing is unlawful;
iii.     we do not need your information for a specific purpose; or
iv.     you object to our processing and we are assessing your objection request (see subsection title “Object” below).

You can request that we stop this processing either temporarily or permanently.

f.      Object – Object to us processing your personal data.

You can do this if NinjaOne is processing your personal data on the legal basis of legitimate interests.

g.     Transmit – Request a copy of your personal data in electronic format and to transmit that personal data for use by another party.

You can request us to transmit your data when we are processing your personal data on the legal basis of consent or performance of contract.

h.     Review automated decision making – Request a manual review of a decision based solely on automated decision making (decisions without human involvement), including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

For more information on how we use automated decision-making, please see Section 9.

i.       Withdraw your consent – Withdraw your consent to us collecting or using your personal data.

You can do this if NinjaOne is processing your personal data on the legal basis of consent.

j.       Lodge a complaint – Contact your local data protection authority about any questions or concerns.

To exercise any of the rights above, please email us at [email protected]. Whether you choose to exercise any privacy right will not affect your recruitment process, and you will not be discriminated against in any way. To honor a request, we may need to verify your identity and ask you to provide certain details related to you.

You may designate, in writing or through a power of attorney (in accordance with applicable law), an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require the agent to provide proof that you have authorized the agent to act on your behalf, and we may need you to verify your identity directly with us.

11.  How You Can Contact Us

If you have any questions or concerns about this Policy, or if you would like to exercise any of your rights explained under Section 10 above, you may contact our Data Protection Officer by emailing [email protected].

12.  Policy Updates

We may update this Policy from time to time, in our sole discretion. We will give you notice of any such updates.

13.  Acknowledgment

By clicking the “I Accept” button (or any button of a similar nature), you indicate that you acknowledge this Policy and wish to continue with the application process.

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