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 Candidate Privacy Information Statement

Last Updated 24 Nov 2021

Welcome to Pontoon Solutions (including Pontoon Solutions, Inc. and/or its applicable affiliated companies such as, but not limited to: Pontoon Europe Limited; Pontoon Philippines, Inc.; Pontoon Singapore Pte. Ltd.; Pontoon Australia Pty Ltd; Pontoon Germany GmbH; and/or PONTOON (France)).

If you have received this Candidate Privacy Information Statement (‘Privacy Statement’) from us, you are currently listed as or may be about to become listed as a candidate within our candidate database.

We are a human resources service provider (described more in detail below), and, as you may expect, to properly perform our services, we collect and use information about you, and we want to be transparent about this.

We are committed to protecting and respecting your privacy, and this Privacy Statement describes, among other things, the types of information that we collect about you in the performance of our business, how we use such information, and your privacy rights in relation to the information about you that we handle.

Please read this Privacy Statement carefully. There is an index below so you can go straight to the relevant sections if you prefer.

Please note that if you are accessing our website, you should also review our Terms of Use, Cookie Policy, and General Privacy Policy applicable to our website available at www.pontoonsolutions.com.

Index

Some terms to be clear about and general information

We need to be clear about how we use some words in this Privacy Statement. It may seem obvious, but in this Privacy Statement, you will be referred to as ‘you’. When we use ‘us’, ‘we’, ‘our’, or the ‘Company,’ we mean the applicable Pontoon legal entity (e.g., Pontoon Solutions, Inc. and/or its applicable affiliated companies such as, but not limited to: Pontoon Europe Limited; Pontoon Philippines, Inc.; Pontoon Singapore Pte. Ltd.; Pontoon Australia Pty Ltd; Pontoon Germany GmbH; and/or PONTOON (France)).

Another term we use from time to time here within is ‘The Adecco Group’. You should know our Company is part of The Adecco Group, an organization of related companies located across the world whom are all subsidiaries of the same ultimate parent company, Adecco Group AG (a legal entity based in Switzerland). The Adecco Group companies perform a range of services including but not limited to temporary staffing and direct hire placement services, payroll services, recruitment and selection services, testing solutions services, career transition services, talent development services, training and education services, outplacement and international mobility services. When referring to the entirety of The Adecco Group herein, we will say ‘The Adecco Group’. When we refer to the other companies within The Adecco Group, we say our ‘affiliates’.

When we refer to a candidate portal (‘Candidate Portal’) or app (‘App’) herein, we mean a portal or app for our candidates that may be used to leverage our services. When available and utilized, the Candidate Portal or App may, among other things, allow you to create a candidate profile and/or search and apply for jobs we post which may match your interests, skills, preferences, and/or experience.

Keep in mind this Privacy Statement is about information about people. Such information identifies or relates to you and includes facts about you and opinions about you and that you hold (“I’m a football fan” for example). This type of information is sometimes called ‘Personal Information’, ‘Personal Data’, ‘Personally Identifiable Information’ or ‘PII’. We use the term ‘Personal Data’ in this Privacy Statement. This Privacy Statement is not about information about us (although sometimes the two overlap).
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What Personal Data do we collect and use?

As a candidate for job opportunities, we collect and use Personal Data about you as part of the recruitment process (for example, in order to evaluate your suitability for certain employment opportunities and to make hiring decisions). The categories of Personal Data that we collect includes, but is not limited to:
  • Identifiers: This includes your name (first and last), e-mail address, telephone number, physical address, copies of and documents evidencing your identity and eligibility to work in the United States or other location as applicable, as well as photos, videos, or other recordings of your attendance at a video interview or training or similar sessions, where applicable. This also includes your online user account details if you create an account with us (whether via our website, our App or otherwise).
  • Education and Qualifications: This includes your resume, CV, cover letter, educational background, training courses and internships, work experience, skill sets (for example, foreign language skills), third-party employment references or referrals, and any other information you listed on your resume or CV.
  • Correspondence and Feedback: This includes records of correspondence, if you contact us, feedback about you from our staff and third parties and where you give feedback on others, and your own feedback about us and our services through our satisfaction surveys.
  • Social Media Information: This includes Identifiers and other information you choose to make available on your public profiles on social media (Facebook, Twitter, LinkedIn, etc.), and other public locations (Job Boards, company websites, etc.).
  • Information You Choose to Provide to Us: This includes any other information you provide.

Do we collect and use sensitive Personal Data?

As a candidate, except where required by applicable law, you are not required to submit information that may be considered sensitive including your race or ethnic origin or data concerning your health or sexual orientation. If you decide to provide us with sensitive Personal Data, we will handle the information according to the practices identified in this Privacy Statement and applicable law, and we reserve the right to delete the information from our databases.
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How do we obtain your Personal Data?

We often collect Personal Data directly from you. When you interview with us, email us, call us, or when you apply for a position (whether via our website, via our App, via third parties such as job boards or social media sites, or otherwise), we may collect Personal Data such as your Identifiers, Education and Qualifications, Correspondence and Feedback, Social Media Information, and any Information You Choose to Provide, described in further detail above.

As a candidate, where applicable, you may be asked about your willingness to complete a drug or background screen or medical examination or whether you require any accommodations in the workplace.
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We also collect Personal Data about you from third parties such as references you identify and/or service providers who assist us with our services, such as companies providing employment verifications. The Personal Data about you may include your Identifiers, Education and Qualifications, and Social Media Information, described in further detail above.

We also collect Personal Data about you from social media platforms (such as Facebook, Twitter, LinkedIn), company websites, and other publicly available sources.
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Why do we collect and use Personal Data about you?

As a candidate for job opportunities, we collect and use your Personal Data identified above in response to “What Personal Data do we collect and use?” for the following business purposes:
  1. Finding potential suitable jobs/assignments for you to apply for or that you may be interested in, helping you with training, or facilitating the process of applying for jobs/assignments. This may include for example sending Identifiers and Education and Qualification information, such as your resume or CV, to prospective employers for their consideration and keeping you informed of future work opportunities by email, telephone, mail, text message, and/or other communication methods (note that messaging and data rates may apply for any SMS, MMS, and other electronic communications (typically, this is based on your carrier and service plan));
  2. for direct messaging via e-mail, text messaging, telephone, or otherwise;
  3. to further develop, test and improve our website, Candidate Portal, App, or other existing or new systems/processes to better serve you;
  4. to perform studies and statistical and analytical research, for example, to compare the effectiveness of our placement of candidates between different business sectors and geographies and seek to identify factors that can influence any differences we identify;
  5. to transfer data to third parties (see below);
  6. where necessary, to comply with any of the Company’s legal or contractual obligations;
  7. in order to:
  • promote the security and protection of people, premises, systems and assets;
  • monitor compliance with internal policies and procedures;
  • administer communications and other systems used by us or The Adecco Group (including internal contact databases);
  • investigate or respond to incidents and complaints;
  • promote internally that training sessions have taken place and utilise their content (in the case of photos or videos of training sessions), to market similar sessions internally and externally to third parties; and/or
  • participate in any potential or actual purchase or sale, or joint venture, of all or part of a business, that any member of The Adecco Group wishes to participate in; and/or
8.    As otherwise appropriate to our services to the extent applicable law allows.
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Do you have to give us the Personal Data we ask for?

You are not required to provide your Personal Data to us, but it would not be possible for us to work with you, or provide our services to you, if you do not provide us with a required minimum. It also may limit the services that you can receive from us if you choose to provide us with limited Personal Data.
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How long do we keep your Personal Data?

We retain your Personal Data for the period necessary to fulfil the purposes set out in this Privacy Statement, based on customary human resource practices and in accordance with applicable legal and regulatory requirements.

The retention periods of your Personal Data depend on the respective purpose the information is processed for and the respective tool such Personal Data are processed in. It is not possible to provide the various retention periods in a reasonably intelligible format under this Statement.

The criteria used to determine the applicable retention period are that we will retain the Personal Data set out in this Statement for as long as (i) necessary for the respective purpose, (ii) necessary to carry out our business relationship with you, (iii) you have consented to, and/or (iv) required by applicable statutory retention laws.
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Do we share your Personal Data with third parties?

As mentioned above, we may disclose your Personal Data to third parties in furtherance of our services. However, we do not sell your Personal Data.
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We disclose your Personal Data in the following circumstances:
  • To our suppliers. We engage suppliers to carry out administrative and operational work in support of our services and our relationship with you. The supplier(s) are subject to contractual and other legal obligations to preserve the confidentiality of your Personal Data and to respect your privacy, and they will only have access to and use the data they need to perform their functions. Some examples of these suppliers include, for example, IT suppliers (who host or support our IT systems, including information about you), premises management companies (who look after physical security at our buildings, and therefore need to know about you to allow access to our buildings) and back office finance and accounting management providers (who need to handle details of certain individuals in order to process accounts payable and receivable). We also engage suppliers who provide technology services and solutions such as, for example, for video interview and skills assessment tools. We may disclose to our suppliers your Identifiers, Education and Qualifications, Correspondence and Feedback, Social Media Information, and Information you Choose to Provide.
  • To other members of The Adecco Group. Our affiliated companies are located in or outside the country in which you reside; different members of the group fulfil different functions and as result your Personal Data will be shared with them for different reasons. For example:
    • information is shared with members of The Adecco Group that provide IT functions for The Adecco Group companies world-wide;
    • information may be shared with other affiliate companies of The Adecco Group locally and/or globally in furtherance of the services we or The Adecco Group provides. A list of the countries in which we operate is available in the ‘choose your country’ function of our website at www.adeccogroup.com. The Personal Data we disclose with other members of the Adecco Group may include your Identifiers, Education and Qualifications, Correspondence and Feedback, Social Media Information, and Information you Choose to Provide.
  • To our clients/prospective employers. As a candidate, we may share your Personal Data with clients or prospective clients of ours who are offering jobs/assignments you may be interested in, or who we believe may be interested in your profile. We may disclose to our clients/prospective employers Personal Data such as your Identifiers, Education and Qualifications, Correspondence and Feedback, Social Media Information, and Information you Choose to Provide.
  • Government & law enforcement. We also may share your Personal Data with government, regulators or law enforcement agencies if, at our sole discretion, we consider that we are legally obliged or authorised to do so or we believe it would be prudent to do so; and/or
  • Corporate reorganization. As part of due diligence relating to (or implementation of) a merger, acquisition or other business transaction, we may need to disclose your Personal Data to the prospective seller or buyer and their advisers.
  • Monitoring of communications. As a matter of course, we may record and monitor the use of company communications equipment by our employees and other staff. This means that when you speak or communicate with us, your calls or communications with us may be recorded and/or monitored.

Do we transfer or store your Personal Data outside your home country?

Your Personal Data may be transferred and processed in multiple countries, in or outside the European Union. We shall only transfer your Personal Data countries which the European Commission believes offers an adequate level of protection to you, or where we or the Adecco Group has put in place appropriate safeguards to seek to preserve the privacy of your Personal Data.

Our business operates globally and therefore your personal data may be transmitted internationally. Where we do so, we will endeavour to ensure appropriate measures are in place to ensure the adequate protection of your Personal Data when it is so transferred, and we shall seek contractual arrangements that comply with the standards by applicable data protection authorities.
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Data Security

Although we aim to protect the security and integrity of the Personal Data we collect, we cannot guarantee or warrant that any information, during transmission through the Internet or while stored on our system or otherwise in our case, is 100% secure from intrusion by others. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by contacting us using the information listed in the “Contact” section below.

You are solely responsible for keeping your login details to any App, Candidate Portal, and/or any of our other systems safe, in particular the password that we have given you or that you have chosen. These login credentials are for your own use. You are not permitted to share your credentials or other account details with any other person(s).
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Your Rights

You have certain legal rights with respect to the Personal Data that you provide and/or which we obtain about you depending on the country/state where you reside. For example, if you are a resident of the State of California, the California Consumer Privacy Act (“CCPA”) (Civil Code § 1798.100, et seq.) provides you with specific rights regarding your Personal Data depending on the nature of your relationship with us. Additionally, by way of example, if you are a resident of the European Union, the General Data Protection Regulation (“GDPR”) provides you with specific rights regarding your Personal Data depending on the nature of your relationship with us.

Where applicable, your rights may include, among others:
  • Right to be informed about collection, sale or disclosure: You have the right to be informed of the categories of Personal Data that we collect about you as well as the categories of sources from which the Personal Data was collected. You also have the right to be informed of the business or commercial purposes for which we use, disclose, or sell, your Personal Data as well as the categories of third parties with whom we share that Personal Data, as set forth in this Privacy Statement.
  • Right to access and obtain a copy of your Personal Data: You have the right to request that we disclose certain information to you about our collection, use, and disclosure of your Personal Data. Once we have verified your identity, we will disclose the specific pieces of Personal Data we collected about you in a portable and, to the extent technically feasible, in a readily useable format.
  • Right to delete: In certain circumstances you have the right to have your Personal Data deleted. You may make such a request at any time, and we will evaluate if your request should be granted, however this right is subject to any legal rights or obligations we may have to retain data. For situations where in accordance with the law, we determine that your request to have your Personal Data deleted must be granted, we will do so without undue delay.
  • Right to opt-out of the sale of Personal Data: We do not sell your Personal Data. However, certain laws afford you the right to opt out of the sale of your Personal Data.
  • Right to equal service for exercising your privacy rights: Unless permitted by applicable law, we will not discriminate against you when you exercise your privacy rights under the California Consumer Privacy Act or other applicable law, including by: denying you goods or services; charging you different prices or rates for goods or services, including through the use of discounts or other benefits or by imposing penalties; providing you with a different level of quality of good or services; or suggesting that you will receive a different price or rate for goods or services or a different level of quality of goods or services.
  • Right to correct your Personal Data: If you can demonstrate that Personal Data, we hold about you is not correct, you can ask that this information be updated or otherwise corrected.
  • Right to restrict or object to the processing of your Personal Data: In certain circumstances you have the right to obtain restriction of the processing of your Personal Data, or to object on certain processing thereof on grounds relating to your particular situation.
  • To exercise your rights, please use the contact information listed in the “Contact” section below.
  • To the extent our processing of your Personal Data is based on your consent, you also have the right to withdraw your consent at any time. Withdrawal of your consent will not affect the lawfulness of any processing based on your consent before the receipt of such withdrawal.
  • You can also lodge a complaint about our processing of your Personal Data with your local data protection authority or regulator, as applicable.

Verifying Your Identity

To exercise the rights described above, it may be necessary for us to verify your identity or authority to make the request and confirm the Personal Data relates to you. To exercise your rights, we will collect your name, email and/or telephone to verify your identity. Upon receiving your request, we may also contact you via e-mail and/or other secured communication channel to verify your identity by asking you additional security questions in order to match your identity with the data we maintain about you.

For residents of California, you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Data. Your authorized representative may be required to submit a declaration or affidavit demonstrating that they have the authority to act on your behalf.

Once we have verified your identity, if applicable, we will disclose the specific pieces of Personal Data we collected about you, by mail or electronically, at your option, in a readily usable format that allows you to transmit the information from one entity to another entity without hindrance.

Please note that if we cannot verify your identity, we may not be obligated to provide you or your authorized representative information regarding your Personal Data.

To submit a request or for more information on how to submit a request, please contact us using the information listed in the “Contact” section below. Making a verifiable consumer request does not require you to create an account with us.
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Contact

To exercise your rights with respect to your Personal Data (as applicable, such as a request to delete your data or to obtain a copy of the Personal Data we process in regards to you), please use the form at this link.

If you have any other questions, comments and/or requests regarding this Privacy Statement contact us by email at privacy@pontoonsolutions.com, by telephone +1 800 793 7657 (option 6).

German Residents 
To exercise your rights with respect to your Personal Data (as applicable, such as a request to delete your data or to obtain a copy of the Personal Data we process in regards to you), If you have any other questions or comments and/or requests regarding this Privacy Statement contact us by email at datenschutz@adeccogroup.com. 

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How do we handle changes to this Privacy Statement? 

This Privacy Statement is not, nor is it intended to be, a contract, nor does it create any legal rights or obligations beyond what applicable law mandates. Therefore, we may amend, interpret, modify, or withdraw any of the terms of this Privacy Statement. We shall publish any material changes to this Privacy Statement through appropriate notices either on our website or by contacting you using other communication channels. 
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