Safe Harbor

SmartRecruiters Inc. (“SmartRecruiters”) Safe Harbor Privacy Approach

Introduction

This Approach applies to all personal information received by SmartRecruiters from residents of the EU or Switzerland. In most cases, the data we receive will be in electronic form and relates to our customers or our employees. It may include personal information about our customers’ employees, business contacts, clients, and any other individuals with whom our customers have dealings. When we receive and process personal information provided to us by our customers, we do so as “data processors” acting on the instructions of our customers.

Definitions

  1. Collectively, “Information” means “Personal Information” that (1) is transferred from the EU or Switzerland to the United States; (2) is recorded in any form; (3) is about, or pertains to a specific individual; and (4) can be linked to that individual; and/or “Sensitive Personal Information” that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership, or that concerns an individual’s health.
  2. “Agent” is any third party that collects, uses, or stores Information in support of SmartRecruiters engagements.

Safe Harbor Principles

The practices to which SmartRecruiters is committed are based on the EU and Swiss Safe Harbor Principles negotiated between their respective government agencies and the United States Department of Commerce. Adherence by SmartRecruiters to these Safe Harbor Principles provides the necessary level of protection required by the EU/Swiss Directives for the transfer of personal information outside the EU/Switzerland. SmartRecruiters’ execution of these principles may be limited in certain circumstances, in particular:

(a) where there is a conflicting or overriding legal obligation;
(b) to the extent expressly permitted by any applicable law, rule or regulation; or
(c) where SmartRecruiters receives personal information as a “data processor” acting on the instructions of a customer.

When SmartRecruiters receives personal information from the EU/Switzerland merely for processing, its principle obligations are limited to onward transfer, security, access, and enforcement. SmartRecruiters’ customer remains responsible for notice, choice, and data integrity. When SmartRecruiters receives personal information from its employees in the EU, its obligations include onward transfer, security, access, enforcement, notice, choice, and data integrity.

Notice: SmartRecruiters receives data to be processed and/or stored, the contents of which may, or may not be Information. Notice will be provided in clear language when individuals are first asked to provide Information to SmartRecruiters, or as soon as practicable thereafter, and in any event before SmartRecruiters uses such Information for a purpose other than that for which it was originally collected or processed by the transferring organization, or discloses it for the first time to a third party.

Choice: Where SmartRecruiters is the collector of Information and Choice is permissible, it will offer individuals the opportunity to choose (opt-out) whether their Information is:

(a) to be disclosed to a third party (unless that disclosure is allowed or required by contract), or
(b) to be used for a purpose that is not consistent with the purpose for which that
Information was originally collected, or subsequently authorized by the individual.

SmartRecruiters will provide individuals with reasonable mechanisms to exercise their choices.

Onward Transfers: In the event SmartRecruiters transfers Information, it will obtain assurances from its Agents, prior to such transfer, that they will safeguard the Information in a manner consistent with this Approach. Every Agent utilized enters into a contractual relationship with SmartRecruiters, which includes confidentiality and non-disclosure clauses, and provides the same level of commitment to and protections, as required by the Safe Harbor Principles.

Security: SmartRecruiters takes reasonable precautions to protect Information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. SmartRecruiters utilizes commercially accepted security equipment, techniques, and procedures to control, monitor and record access to any facility containing Information.

Data Integrity: SmartRecruiters will use Information only in ways that are relevant and compatible with the purpose for which that information was collected or provided to SmartRecruiters. SmartRecruiters will take reasonable steps to ensure that all data collected, processed and/or stored is protected from destruction, corruption, or use in a manner inconsistent with the purpose for which it received the information.

Access: Upon request, and where permissible by law and purpose for which it possesses the Information, SmartRecruiters will grant individuals reasonable access to Information that it holds about them. In addition and where permissible, SmartRecruiters will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete, except where the burden or expense of providing access would be disproportionate to the risks of the individual’s privacy, or where the rights of another individual may be violated. A reasonable fee may be charged as compensation for our expenses incurred in accessing, changing, or deleting the personal information.

Enforcement: SmartRecruiters will conduct compliance audits at least annually of its relevant privacy practices to verify adherence to this Approach and will self-certify with the US Department of Commerce. Further, SmartRecruiters will conduct follow up investigations to verify that attestations and assertions regarding practices are true. Violations and/or complaints may be made to SmartRecruiters via email to and SmartRecruiters engages in training to support implementation and compliance. Any employee that SmartRecruiters determines is in violation of this Approach will be subject to disciplinary action.

Dispute Resolution: Questions or concerns regarding SmartRecruiters’ use or disclosure of Information may be directed to Brett Queener, President & COO, at the address given below. SmartRecruiters will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Information in accordance with the principles contained in this Approach. For Complaints that cannot be resolved between SmartRecruiters and the complainant, SmartRecruiters will utilize JAMS (www.jamsadr.com) as its dispute resolution mechanism.

Contact Information
Please refer all questions or comments regarding this Approach to:

SmartRecruiters Inc
Brett Queener
President & COO
56 Tehama Street
San Francisco, CA 94105
650-278-0310

This Safe Harbor Approach is available at https://www.smartrecruiters.com/safe-harbour/

Changes To This Safe Harbor Approach

This may be amended from time to time to remain consistent with the requirements of the Safe Harbor Principles and other applicable laws.

The effective date of this Safe Harbor Privacy Approach is: September 26, 2014

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