Legal – Privacy policy archive – May 25, 2018

Effective Date: May 25, 2018

Introduction

Greenhouse Software, Inc. ("Greenhouse") respects your privacy and is committed to protecting it in accordance with applicable laws and using generally-accepted industry practices. This Privacy Policy explains who we are, how we collect, share, and use personal information about you, and how you can exercise your privacy rights. For purposes of this Privacy Policy, “Personal Information” means any information relating to an identified or identifiable individual (e.g., name, address, email address, or phone number).

If you have any questions or concerns about our use of your Personal Information, please contact us at using the contact details provided below.

Greenhouse is a provider of cloud-based software services that help companies manage and optimize their recruiting and hiring processes, headquartered in New York. For clarity, we have separated this Privacy Policy into two sections, one that explains how Greenhouse collects and uses the Personal Information of visitors to our website (the “Website Privacy Policy”), www.greenhouse.io, and one that explains how our customers use our recruiting and onboarding software platforms (the “Services”) to collect Personal Information from individuals who are either job applicants or employees of our customers (the “Services Privacy Policy”). Please note that the data controller of Personal Information collected through our website is Greenhouse Software, Inc., and the data controller of Personal Information collected through our Services is the Greenhouse customer who has purchased our Services.

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Website Privacy Policy

Personal information we collect

Greenhouse may collect the following information, including Personal Information from and about you:

From your interaction with Sales, Marketing, and Customer Support: We collect Personal Information such as your name, company name, email address, phone number, and billing information when you request a demo of our Services, or request sales information or customer service.

Cookies, Scripts and Related Technologies: When you visit our website, www.greenhouse.io, we and our third-party service providers receive and record Personal Information that you may have provided and your digital signature, such as your IP address. The technologies we use to track your movements around our website include cookies, tracking scripts and pixels, and tagging technologies, which we may employ to understand your preferences, improve your experience on our website, etc. You can control the use of cookies at the individual browser level. If you want to learn more about cookies, or how to control, disable, or delete them, please visit http://www.aboutcookies.org for detailed guidance.

Collection of Data by Advertisers: We may also use third parties to serve ads on our website or to manage our advertising on other sites. Certain third party partners may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit our website (but not your name, address, e-mail address or telephone number). They do this by using cookies, pixel tags or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our website and the other sites tracked by these third parties. This policy does not apply to, and we are not responsible for, cookies or pixel tags in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technologies. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: http://www.aboutads.info/choices or http://www.networkadvertising.org.

How Greenhouse uses your personal information

We may use the information that we collect about you and from you, including Personal Information, for the following purposes:

• To customize our website: We seek to improve your experience with our website. As a result, we will analyze data we collect about your use of the website.
• To communicate with you: If you request more information about our products, we will contact you using the information you provide us. We may also send you information about products and services that may be of interest to you, with your prior opt-in consent where required by applicable law.
• To aggregate data: We may anonymize and aggregate data collected through our website and to create statistics that may be used for any purpose, provided that such statistics do not identify any customers or individuals or contain any Personal Information.

How Greenhouse may disclose or share your information

We do not sell or otherwise disclose Personal Information we collect about you, except as described in this Website Privacy Policy or as we disclose to you at the time this information is collected. As described in more detail below, we may share your Personal Information:

• with our partners and third-party service providers. We authorize these service providers to use or disclose the information only as necessary to perform services on behalf of Greenhouse (for example, to support the delivery of, provide functionality on, or help to enhance the security of our Website). We require these service providers by contract to safeguard the privacy and security of Personal Information that they process on our behalf;
• to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;
• to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets, provided that we inform such third parties that they must use your Personal Information only for the purposes disclosed in this Website Privacy Policy ; and
• to any other person with your consent to the disclosure.

Our website may contain links to third party websites or third party applications (“apps”). When you click on a link to any other website, app or location, you will leave our website and go to another site and another entity may collect Personal Information or anonymized data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Website Privacy Policy do not apply to these outside websites, apps or content, or to any collection of your Personal Information after you click on links to such outside websites or apps. We encourage you to read the privacy policies of every website you visit or app you use. The links to third party websites, apps or locations are for your convenience and do not signify our endorsement of such third parties or their products, apps, content or websites.

How Greenhouse holds and secures your information

We care about the security of your Personal Information, and take appropriate steps including technical and organizational measures to ensure that your Personal Information is treated securely and in accordance with this Website Privacy Policy. The measures we use are designed to provide a level of security appropriate to the risk of processing your Personal Information.

International data transfers

Your personal information may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective).

Specifically, our Website servers are located in the United States, and our third party service providers and partners operate around the world. This means that when we collect your personal information we may process it in any of these countries.

However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Website Privacy Policy. Greenhouse complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Greenhouse has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov. If you have an unresolved privacy or data use concern that we have not addressed to your satisfaction and that that you don’t think can be resolved between the two of us, you can also submit a complaint (free of charge) to Privacy Trust, an independent, U.S.-based third party dispute resolution provider, at https://www.privacytrust.com.

Please note that if your complaint is not resolved through these methods, a binding arbitration option may be available before a Privacy Shield Panel under limited circumstances.

If you are a visitor from the European Economic Area, our legal basis for collecting and using the personal information described above will depend on the Personal Information concerned and the specific context in which we collect it.

However, we will normally collect Personal Information from you only where we have your consent to do so, where we need the Personal Information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Information from you or may otherwise need the Personal Information to protect your vital interests or those of another person.

If we ask you to provide Personal Information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

Similarly, if we collect and use your Personal Information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us at privacy@greenhouse.io.

How long Greenhouse retains your information

We retain Personal Information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

Your data protection rights

You have the following data protection rights:

• If you wish to access, correct, update or request deletion of your Personal Information, you can do so at any time by contacting us at privacy@greenhouse.io.
• In addition, if you are a resident of the European Union, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. Again, you can exercise these rights by contacting us at privacy@greenhouse.io.
• You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us at privacy@greenhouse.io.
• Similarly, if we have collected and process your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
• You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

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Services Privacy Policy

This Services Privacy Policy does not apply to our customers, who manage the Personal Information they collect through our Services in accordance with their own privacy policies. Greenhouse only processes the Personal Information that is stored in our Services as a data processor on behalf of our customers and in accordance with their instructions (as defined in our customer agreements), and we have no direct relationship with the individuals whose Personal Information we process in connection with our customers’ use of our Services. For example, if you apply to a job posted on a career page of a prospective employer that is one of our customers, your Personal Information will be automatically transferred to Greenhouse. However, the prospective employer is the data controller and you should contact that entity directly with any questions you may have regarding its privacy policies or data processing practices, and if you want to modify your Personal Information, restrict its processing, or delete it from our Services.

Personal information we process

Greenhouse processes certain Personal Information input or uploaded into our Services by our customers’ employees and prospective employees, including contact information, employment history, education information, resumes, interview feedback, and communications.

Greenhouse will use such Personal Information only as necessary to provide and deliver the Services to the customer, to prevent or address any service or technical issues, to respond to a customer’s support request, or for any other purpose provided for in the customer agreement, or in accordance with or as may be required by law.

How Greenhouse uses your personal information

Greenhouse may access or use the Personal Information collected through the Services for a range of reasons, which may include:

• To provide, operate, optimize and maintain the Services;
• To address customer questions and support requests;
• To manage Greenhouse’s platform, system administration and security;
• To compile aggregated statistics about the operation and use of the Services and to better understand the preferences of our customers;
• To send customers technical alerts, reports, updates, security notifications and other Service-related communications;
• To carry out research and development to improve our products and services;
• To investigate and prevent fraud, unauthorized access or use of Services, breaches of terms and policies, and other wrongful behavior;
• To carry out other legitimate business purposes, as well as other lawful purposes about which Greenhouse will notify You.

How Greenhouse may disclose or share your information

We do not sell or otherwise disclose Personal Information we process in our Services, except as described in this Services Privacy Policy or as we disclose to you at the time this information is collected. As described in more detail below, we may share your Personal Information:

• with third-party data subprocessors. We authorize these subprocessors to use the information only as necessary to assist Greenhouse in providing the Services (for example, to provide cloud storage services, interview calendaring, support ticketing, or to help to enhance security). We require these subprocessors by contract to safeguard the privacy and security of any Personal Information that they process on our behalf;
• to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;
• to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets, provided that we inform such third parties that they must use your Personal Information only for the purposes disclosed in this Services Privacy Policy; and
• to any other person with your consent to the disclosure.

Our customers may choose to integrate their Greenhouse accounts with other third party service providers. While we try to choose integration partners that share our standards for privacy, their websites and services are outside of our control and are not covered by this Services Privacy Policy, and we are not responsible for their content, security, or privacy practices.

How Greenhouse holds and secures your information

We care about the security of your Personal Information, and take appropriate steps including technical and organizational measures to ensure that your Personal Information is treated securely and in accordance with this Services Privacy Policy. The measures we use are designed to provide a level of security appropriate to the risk of processing your Personal Information, and to protect it loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Such measures shall include, as appropriate:

• the pseudonymization and encryption of Personal Information;
• the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
• the ability to restore the availability and access to Personal Information in a timely manner in the event of a physical or technical incident;
• a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.

International data transfers

Your Personal Information may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective).

Specifically, Services are hosted on servers located in the United States, and Greenhouse and its subprocessors are in the United States as well. This means that your Personal Information is processed in the United States.

However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Services Privacy Policy. Greenhouse complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Greenhouse has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov. If you have an unresolved privacy or data use concern that we have not addressed to your satisfaction and that that you don’t think can be resolved between the two of us, you can also submit a complaint (free of charge) to Privacy Trust, an independent, U.S.-based third party dispute resolution provider, at https://www.privacytrust.com.

Please note that if your complaint is not resolved through these methods, a binding arbitration option may be available before a Privacy Shield Panel under limited circumstances.

We will ensure that where other non-EEA service providers, including subprocessors, have access to Personal Information outside of the EEA, that they too commit to provide the same level of protection as the Privacy Shield Principles.

If your use of the Services requires Greenhouse to process Personal Information falling within the scope of GDPR, you may obtain and execute Greenhouse’s Data Processing Addendum (“DPA”) by contacting us at privacy@greenhouse.io.

If you are a visitor from the EEA, our legal basis for collecting and using the personal information described above will depend on the Personal Information concerned and the specific context in which we collect it.

However, we will normally collect Personal Information from you only where we have your consent to do so, where we need the Personal Information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Information from you or may otherwise need the Personal Information to protect your vital interests or those of another person.

If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

Similarly, if we collect and use your Personal Information in reliance on our legitimate interests (or those of any third party), we (or the relevant third party) will make clear to you at the relevant time what those legitimate interests are.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us at privacy@greenhouse.io.

How long Greenhouse retains your personal information

We retain Personal Information we process where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

Any Personal Information we process on behalf of our customers is retained in accordance with the timeframes set out in the relevant customer agreements.

Your data protection rights

You have the following data protection rights:

• If you wish to access, correct, update or request deletion of your Personal Information, you can do so at any time.
• In addition, if you are a resident of the European Union, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information.
• Similarly, if Personal Information was collected with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
• You have the right to complain to a data protection authority about the collection and use of your Personal Information. For more information, please contact your local data protection authority.

Please note that you should direct any requests related to the data protection rights described above to the Greenhouse customer who holds the relevant Greenhouse account. As a data processor of any Personal Information stored and processed on the Services, Greenhouse will not be able to respond directly to such requests and will refer any such requests to the relevant Customer.

Children’s privacy

We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of our website is directed to children under the age of 13. We will take steps to delete it if we learn we have inadvertently collected it.

If you learn that your child has provided us with Personal Information without your consent, you may alert us at privacy@greenhouse.io. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.

Updates to this privacy policy

We may update this Privacy Policy from time to time in response to changing legal, technical or business developments. When we update our Privacy Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws.

You can see when this Privacy Policy was last updated by checking the “last updated” date displayed at the top of this Privacy Policy.

Contact information

If you want to provide comments or questions about our Privacy Policy, or to exercise your rights, feel free to contact us at privacy@greenhouse.io, or at the mailing address below.

Greenhouse Software, Inc.
ATTN: Legal
18 West 18th Street, 11th Floor
New York, NY 10011 USA