Job Applicant Privacy Notice

 

Effective Date/Last Updated: December 20, 2022

 

In this Applicant Privacy Notice (this "Notice"), Optiv Security Inc. and its affiliates (collectively, “Optiv”, "we", or "us") describe the types of personal information that we collect from job applicants (collectively, “applicants”, “you” or “your”) and how we may use and share it. We may change this Notice from time to time, and we will post changes in a manner that is accessible to current and former applicants.

 

Personal Information We Collect

 

To the extent legally permissible, we may collect the following types of personal information when applicants apply for a job with Optiv:

  • Name, address, email address, telephone number, and other contact information;
  • Resume, CV, cover letter, previous and/or relevant work experience or other experience, education, transcripts, or other information we request or that applicants provide to us in support of an application and/or the application and recruitment process;
  • Information from interviews applicants may have with us, if any;
  • Details of the type of employment applicants are looking for, current and/or desired salary and other terms relating to compensation and benefits packages, and job preferences;
  • Details of how applicants heard about the position they are applying for;
  • Any sensitive and/or demographic information obtained during the hiring process such as gender, information about citizenship and/or nationality, medical or health information, and/or racial or ethnic origin (express consent may be required for the collection and use of these types of personal information. Optiv will obtain this consent as required by applicable law);
  • Reference information and/or information received from background checks (as applicable), including information provided by third parties;
  • Information relating to any previous applications applicants may have submitted to Optiv and/or any previous employment history with Optiv;
  • Information about educational and professional background from publicly available sources (e.g., a LinkedIn profile) that we believe is relevant to an application; and
  • Information collected automatically when applicants use our websites or any Optiv-owned or licensed platforms through cookies, device identifiers, and similar technologies such as pixels, web beacons, and local storage. Please see the section Cookies and Similar Technologies for additional information.

 

Information Collected from Other Sources

 

We obtain personal information about applicants from various third-party and public sources and we may combine it with other personal information we have. For example Optiv may collect information:

  • from recruiters or recruiting platform providers (such as LinkedIn);
  • from former employers regarding an applicant’s past employment (including performance information);
  • from government agencies regarding citizenship or eligibility to work in the country where an applicant would be employed;
  • such as credit history and/or criminal record to the extent an applicant has consented to a credit or background check;
  • from references provided by an applicant, relating to the applicant’s qualifications to work with Optiv; and

 

Purposes for Which We Collect Personal Information

 

Optiv processes applicant personal information as described in this Notice for the following purposes:

  • To Manage the Application Process. We use applicant personal information to process job applications, to verify the information provided in applications, to communicate with applicants regarding their application, to answer applicant questions regarding the application process and to confirm eligibility for a position. We may also save applicant information for future job openings within Optiv in accordance with our records retention policies.
  • To Manage the Hiring Process. We may use applicant personal information in the hiring process to conduct interviews. If an applicant is offered a position, we may also use applicant personal information to perform background and reference checks with the applicant’s consent.
  • To Communicate with You. We may use an applicant’s personal information to provide information to that applicant or to respond to that applicant’s questions.
  • Recruiting. We may use personal information to communicate with an applicant regarding the recruiting process, to learn where an applicant heard about Optiv, and to evaluate and improve our recruiting process.
  • For Performance Management. We use applicant personal information for purposes of our internal performance improvement and to respond to complaints.
  • Law Enforcement and Courts. We may disclose applicant personal information in response to a subpoena, a search warrant or other legally valid process. We may use applicant personal information to cooperate with law enforcement or other government entities if applicants are suspected of having violated applicable laws.
  • Record Keeping. We may use personal information to comply with applicable legally required or industry standard business and applicant record keeping requirements and to respond to governmental requests for information.
  • Health and Safety. We use personal information to protect an applicant’s health and safety, or the health and safety of others, including through the use of technology to allow contract tracing if an applicant may have exposed to communicable diseases such as COVID-19. We also use this personal information to protect our facilities and personal property.
  • Protect Our Legal Rights. We may use applicant personal information to protect our legal rights, to defend a claim or lawsuit, and to investigate or prevent actual or suspected loss or harm to persons or property. We may use applicant personal information to seek legal, accounting or other professional advice, and when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, Optiv or any other party.
  • Security. We may use applicant personal information to monitor the use of our information systems and electronic resources, to conduct internal audits or investigations and for safety and security of Optiv employees, visitors and facilities. We also may use such information to protect Optiv against illegal activity and misconduct such as fraud, deceptive practices and data security incidents. We use this to offer, operate, maintain, deliver, troubleshoot and update the Sites, programs, network and systems used by Optiv in the course of its business.
  • Automated Decision Making. Optiv does not make any Automated Decisions in connection with an applicant without first obtaining consent to do so. In this context, “Automated Decision” means an automated decision made about an individual person by automated means without any human involvement, including profiling, often where meaningful logic is involved, that produces legal effects that significantly affects the involved individual.

 

Cookies and Similar Technologies

 

We provide a variety of services on our websites, including our application websites and Optiv-owned or licensed platforms, using cookies, device identifiers, and similar technologies such as pixels, web beacons, and local storage to collect information about how you use the websites or platforms. For more information on our use of cookies, please see the Optiv Privacy Policy, located at, https://www.optiv.com/privacy-policy, as well as the Optiv Cookie Policy, located at: https://www.optiv.com/optiv-cookie-policy.

 

Our Optiv-owned or licensed platforms used during the application process may utilize cookies to facilitate the application process and for the purposes of the vendors that provide the platforms. These cookies may be different than those described in Optiv’s Cookie Policy. Elements of our application process are hosted by Lever, Inc., and may include Lever’s cookies or similar technologies. We recommend applicants review Lever’s Privacy Policy and Cookie Policy, which can be found here: https://www.lever.co/privacy.

 

Most browsers provide an ability to block, delete, or disable cookies. If cookies are blocked or disabled, some features or functionality may be limited or unavailable. Please review the help pages of the applicable browser or mobile device for assistance with changing such settings.

 

Legal Basis for Processing

 

We use personal information as described above and as stated or agreed to at the point of collection (or as is obvious by the context and nature of the collection). To the extent required under applicable data protection laws, Optiv only processes personal information where it has a legal basis for doing so. That legal basis will vary depending on the nature of the processing activity, but may include processing that is necessary for performance of a contract with the applicant, processing in connection with Optiv’s legitimate interests, processing for purposes of carrying out Optiv’s rights and obligations, or of the applicant, in the field of employment and social security and social protection law, processing for purposes of Optiv’s legal or regulatory obligations, and processing for reasons of substantial public interest. Please contact Optiv using the contact details below if you would like further information about the legal basis for Optiv’s processing of personal information under this Notice.

 

How We Share Your Personal Information

 

We may share applicant personal information in the following circumstances:

  • Within Optiv. We may share applicant personal information internally within Optiv and among Optiv’s affiliates for purposes of recruiting and/or evaluating applicants, resource planning, and talent and recruiting, human resources and business administration functions. All Optiv employees who access or process applicant personal information are required to comply with Optiv's privacy and security policies.
  • Service Providers. Optiv may share personal information with third-party service providers or suppliers ("Service Providers") that include, without limitation, data storage providers, website or mobile application hosting providers, and e-mail service providers as needed to provide the applicable services to us. Optiv will take steps to help ensure appropriate protections are in place before we share or disclose personal information with any Service Provider.
  • Legal Requirements. We may cooperate with law enforcement and other governmental agencies, and may disclose personal information, without limitation, for the following legal purposes:
    • If we believe in good faith we are legally required to disclose that personal information
    • If we are advised to disclose personal information by our legal counsel
    • When necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, Optiv or any other party
    • To protect our rights or property, protect your health and safety, or the health and safety of others
    • To detect and investigate fraud or illegal activity, or to respond to a government request
  • Professional Advisors. We may share personal information with our professional advisors, such as our attorneys, in their capacity as advisors.
  • Change in Ownership. We may use and disclose personal information in connection with the evaluation of a change of control of Optiv such as in the event of a merger, acquisition, or sale of assets. We may provide personal information both in connection with a due diligence process or it could be transferred as part of the change of control to subsequent owner(s). If we (or our assets) are acquired or if we go out of business, enter bankruptcy, or go through some other change of control or reorganization, personal information and other information could be one of the assets transferred to or acquired by a third party, or reviewed as part of the due diligence process.

 

De-Identified/Aggregate Information

 

We may collect or create information that is de-identified or aggregate information that does not identify a natural person ("De-Identified Information"). Optiv is the sole and exclusive owner of De-Identified Information and may use or share such information for any legal business purpose. For example, Optiv may create aggregate information about applicants to learn about the success of its recruiting processes.

 

Data Security

 

Optiv makes commercially reasonable efforts to protect applicants’ personal information. We protect personal information using technical and organizational measures designed to reduce the risks of loss, misuse, and unauthorized access, disclosure, alteration, and destruction of personal information appropriate to the type of personal information processed.

 

Notwithstanding our security safeguards, it is impossible to guarantee 100% security in all circumstances. Optiv applicants are responsible for safeguarding the security of any password, user ID, or other form of authentication involved in obtaining access to password-protected or secure areas of any Optiv-owned or licensed platforms. It is your sole responsibility to use the appropriate level of care whenever communicating with us.

 

If there is any reason to believe that an interaction with us is no longer secure, an applicant must immediately notify us of the problem. If a breach of applicant personal information occurs, we will notify impacted applicants of the breach if and as required under applicable law. In order to protect applicants and your personal information, Optiv may suspend your use of any Optiv programs or platforms without notice pending an investigation if any breach of security is suspected.

 

Retention of your Personal Information

 

Personal information will be stored in accordance with applicable laws and kept as long as needed to carry out the purposes described in this Notice or as otherwise required by applicable law, taking into consideration any statutorily required minimum periods of time in applicable jurisdictions. Generally, this means applicant personal information will be retained through the application process plus a reasonable period of time thereafter to respond to application-related inquiries or any legal matters related to an application process.

 

Personal information which is no longer to be retained will be securely and effectively destroyed or permanently erased from our systems and we will also require third parties to destroy or erase such personal information where applicable.

 

Your Rights and Choices

 

Applicants may have certain legal rights relating to their personal information. Accordingly, if required by law, we will comply with any such requests to exercise those rights. Before we respond to such a request, we may require identity verification to ensure the validity of the request, locate responsive information, identify concerns which led to or motivated the request, and to identify the nature of the information requested. Depending on the applicable laws, applicants rights may include the following:

 

i. Right to Withdraw your Consent – In the event Optiv has relied solely upon an applicant’s consent to process their personal information, the applicant may withdraw your consent at any time by emailing privacy@optiv.com.

ii. Right of Access – The applicant may have the right to be informed of and request access to the personal information we process about the applicant.

iii. Right to Rectification - Under certain circumstances, the applicant may have the right to request that we amend or update inaccurate or incomplete personal information about them.

iv. Right to Erasure (Deletion) - Under certain circumstances, the applicant may have the right to request deletion of their personal information.

v. Right to Restrict - Under certain circumstances, the applicant may have the right to request that we temporarily or permanently stop processing all or some of their personal information.

vi. Right to Object - Under certain circumstances, the applicant may have the right to object to Optiv’s processing of their personal information.

vii. Right to Data Portability - Under certain circumstances, the applicant may have the right to request a copy of their personal information in an electronic format and further request that we send such personal information to another party.

viii. Communication Preferences and Opt-Outs - The applicant may have the right to stop receiving marketing communications from us at any time by contacting privacy@optiv.com.

ix. Right to Lodge a Complaint – The applicant may have the right to lodge a complaint with the applicable supervisory authority.

 

Applicants that are California residents should also review the California Residents section for specific details on their rights.

 

Applicants must ensure their information is accurate and up-to-date, and notify Optiv when there are changes so we can be sure that the information is reliable for its intended use.

 

If applicants have any questions about their privacy, rights and choices, or how to exercise them, please contact us at privacy@optiv.com. We will respond to requests within a reasonable period of time. Requests may be denied pursuant to applicable law or if certain exceptions under applicable law apply. If Optiv denies a request, we will notify the requestor of the reason of the denial.

 

Access To Personal Information in Other Countries

 

Applicant personal information may be transferred to, stored in, and processed in the United States. Certain governmental authorities may not consider the level of protection of personal information in the United States to be equivalent to the other jurisdictions (e.g., the EU). As applicable and required by law, Optiv utilizes approved and suitable transfer mechanisms to ensure appropriate safeguards for personal information transferred across international borders.

 

Optiv will not transfer applicant personal information to a third party unless the third party agrees to provide the level of privacy protection consistent with applicable law.

 

Applicants may inquire about such safeguards by contacting us at privacy@optiv.com. We will respond to such inquiry as legally required and within a reasonable period of time.

 

Minors

 

We only employ those who are legally eligible to work at the location of employment, which is typically the age of majority (18 years old). Please do not send us application materials if under the legal age to be eligible for employment.

 

California Residents

 

This section applies to our collection and use of applicant personal information of residents of California, as required by the California Consumer Privacy Act and its implementing regulations (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”), where “personal information” has the definition set forth in the CCPA. This section describes (1) the categories of applicant personal information, collected and disclosed by us, subject to CCPA, (2) applicant privacy rights under CCPA, and (3) how to exercise such rights.

 

THIS SECTION ONLY APPLIES TO APPLICANTS THAT ARE RESIDENTS OF CALIFORNIA. In the event of a conflict between this section and the remainder of the Notice, this section shall control for California residents.

 

To receive a copy of this section in an alternate format (e.g., printable) or language, please contact us using the information provided below.

 

We Do Not Sell or Share Personal Information. In the last 12 months we do not believe that we have Sold or Shared applicant personal information and we do not believe we currently sell Sell or Share applicant personal information. “Sold” and “Shared” have the definitions set forth in the CCPA.

 

Use of Sensitive Personal Information. We do not believe we use or disclose sensitive personal information for purposes other than specified in the CCPA regulations, Section 7027, subsection (m).

 

Personal Information Collected. Optiv makes the following disclosures regarding the applicant personal information we have collected within the last 12 months:

 

Category of Personal Information Categories of Sources from which Category of Personal Information is Collected Purpose of Collection Categories of Third Parties to Whom Personal Information is Disclosed Retention Period
Identifiers that could identify a consumer or household, such as real name, IP addresses, or email address. Applicant See Section above titled “Purposes for Which We Collect Personal Information” Recruiting platform providers Duration of application process plus 4 years
If the applicant is hired, the later of (i) 4 years or (ii) the length of employment plus 1 year
Internet or network activity, for example, information on interactions with websites, apps, or advertisement. Applicant, cookies and related technologies See Section above titled “Purposes for Which We Collect Personal Information” Recruiting platform providers Varies depending on the type of cookie or technology collecting this Personal Information and logging requirements
Professional/ employment-related information, for example, job applicants’ past job history. Applicant, background check providers, former employers, recruiters, and your references. See Section above titled “Purposes for Which We Collect Personal Information” Recruiting platform providers Duration of application process plus 4 years
If the applicant is hired, the later of 4 years or the length of employment plus 1 year
Education information that is not publicly available identifiable information. Applicant, background check providers, recruiters, and your references. See Section above titled “Purposes for Which We Collect Personal Information” Recruiting platform providers Duration of application process plus 4 years
If the applicant is hired, the later of 4 years or the length of employment plus 1 year
Geolocation data, such as device location data. Applicant, cookies and related technologies See Section above titled “Purposes for Which We Collect Personal Information” Recruiting platform providers Varies depending on the type of cookie or technology collecting this Personal Information and logging requirements
Profile based on inferences from other categories, for example, a profile regarding characteristics or aptitude. Applicant See Section above titled “Purposes for Which We Collect Personal Information” Recruiting platform providers Duration of application process plus 4 years
If the applicant is hired, the later of 4 years or the length of employment plus 1 year
Protected Classification Characteristics, which may revealed in other collected data Applicant See Section above titled “Purposes for Which We Collect Personal Information” Recruiting platform providers Duration of application process plus 4 years
If the applicant is hired, the later of 4 years or the length of employment plus 1 year
Personal Information, which includes items described in Cal. Civ. Code § 1798.80(e), some of which overlap with other categories, such as a name or address Applicant See Section above titled “Purposes for Which We Collect Personal Information” Recruiting platform providers Duration of application process plus 4 years
If the applicant is hired, the later of 4 years or the length of employment plus 1 year

 

Sensitive Personal Information Collected. Optiv makes the following disclosures regarding the sensitive personal information it has collected within the last 12 months:

 

Category of Personal Information Categories of Sources from which Category of Personal Information is Collected Purpose of Collection Categories of Third Parties to Whom Personal Information is Disclosed Retention Period
Sensitive identifiers, such as a social security number, passport number, state identification card number, or driver’s license number. Applicant See Section above titled “Purposes for Which We Collect Personal Information” Recruiting platform providers Duration of application process plus 4 years
If the applicant is hired, the later of 4 years or the length of employment plus 1 year
Racial or ethnic origin, religious or philosophical beliefs, or union membership Applicant See Section above titled “Purposes for Which We Collect Personal Information Recruiting platform providers Duration of application process plus 4 years
If the applicant is hired, the later of 4 years or the length of employment plus 1 year
Health information Applicant See Section above titled “Purposes for Which We Collect Personal Information” Recruiting platform providers Duration of application process plus 4 years
If the applicant is hired, the later of 4 years or the length of employment plus 1 year
Sexual information Applicant See Section above titled “Purposes for Which We Collect Personal Information” Recruiting platform providers Duration of application process plus 4 years
If the applicant is hired, the later of 4 years or the length of employment plus 1 year

 

California Privacy Rights. Subject to certain exclusions, California residents may have the following rights under the CCPA:

 

Privacy Right Description
Notice The right to be notified of what categories of personal information will be collected at or before the point of collection and the purposes for which they will be used and shared.
Access The right to request the categories of personal information that we collected in the previous twelve (12) months, the categories of sources from which the personal information was collected, the specific pieces of personal information we have collected about you, and the business purposes for which such personal information is collected and shared. You may also have the right to request the categories of personal information which were disclosed for business purposes, and the categories of third parties in the twelve (12) months preceding your request for your personal information.
Data Portability The right to receive your personal information previously provided to us.
Erasure The right to have their personal information deleted. However, please be aware that we may not fulfill a request for deletion if we (or our service provider(s)) are required or permitted to retain the personal information for one or more of the following categories of purposes: (1) to complete a transaction for which the personal information was collected, provide a good or service requested by you, or complete a contract between us and you; (2) to ensure our Websites’ integrity, security, and functionality; (3) to comply with applicable law or a legal obligation, or exercise rights under the law (including free speech rights); or (4) to otherwise use your personal information internally, in a lawful manner that is compatible with the context in which you provided it.
Correction The right to request that we correct any incorrect personal information that we collect or retain about you, subject to certain exceptions. Once we receive and confirm a verifiable consumer request (see below), we will correct (and direct any of our service providers that hold your data on our behalf to correct) your personal information from our records, unless an exception applies. We may deny your correction request if (a) we believe the personal information we maintain about you is accurate; (b) correcting the information would be impossible or involve disproportionate; or (c) if the request conflicts with our legal obligations.
To Opt Out of the Sale or Sharing of Personal Information The right to opt-out of the sale and sharing of your personal information. When you opt-out, we will not share your personal information with our advertising vendors or marketing partners, including but not limited to, mortgage providers. However, for personal information already shared, you will need to submit your access, deletion, and opt-out requests to each partner individually.
Limit Use of Sensitive Personal Information The right to limit the use of your sensitive personal information for any purpose other than what is specified in CCPA regulations section 7027(m), which includes, without limitation, to (i) performing the services reasonably expected by an average consumer who requests such services; and (ii) performing services on behalf of the business, provided that the use of the consumer’s personal information is reasonably necessary and proportionate for this purpose.

 

Rights Requests. Only you, or a person properly authorized to act on your behalf, may make a request related to your personal information. The request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Be described with sufficient detail to allows us to properly understand, evaluate, and respond to it.

 

We may deny certain requests, or only fulfill some in part, as permitted or required by law. For example, if you request to delete personal information, we may retain personal information to the extent required by applicable law.

 

To exercise your California rights described in this section, please contact us at privacy@optiv.com or call us at (800) 574-0896.

 

Verification. We may be required to verify your identity before fulfilling your requests. If we cannot initially verify your identity, we may request additional information to complete the verification process, and we will only use personal information provided in a request to verify the requestor’s identity. If you are an authorized agent making a request on behalf of a California consumer, we may also need to verify your identity and authorization. We cannot respond to your request or provide you with personal information if we cannot verify your identity and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us.

 

Fees. We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

Non-Discrimination. Optiv will not discriminate against you in the event you exercise any of the aforementioned rights under the CCPA, including, but not limited to, by:

  • denying goods or services to you;
  • charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
  • providing a different level or quality of goods or services to you; or
  • suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

 

Complaints. The CCPA gives California Consumers the right to lodge a complaint with the California Attorney General’s office. The Attorney General’s office may be contacted at https://oag.ca.gov/contact/consumer-complaint-against-business-or-company or by telephone at: (916) 210-6276.

 

Accessibility. This Notice is provided using Website Content Accessibility Guidelines and therefore is available to consumers with disabilities. To request access to this Notice in an alternative format, please email privacy@optiv.com.

 

In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by these California privacy rights requirements and only information on covered sharing will be included in our response.

 

Changes to this Notice

 

We may change this Notice from time to time, and we will post any changes on this page. Each version of this Notice is identified at the top of the page by its Effective Date.

 

Contacting Us

 

If there are any questions about this Notice or our privacy practices, please contact us at:

 

Optiv Security Inc.
1144 15th Street, Suite 2900
Denver, CO 80202
USA
Phone: (800) 574.0896
Fax: (303) 298.0868
Email: privacy@optiv.com

 

Our Chief Privacy Officer is William H. Croutch, EVP & General Counsel, who may be contacted through the addresses above as well as legal@optiv.com.