Privacy Policy

Last updated:   January, 2019

EmployStream, LLC and its affiliates (collectively, “ES,” or “we,” “us,” “our”) respect your concerns about personal data protection and value our relationship with you. This Privacy Policy (the “Policy”) applies to personal data collected through ES web sites, web pages, portals, interactive features, job candidate applications, in person interviews, mobile or web applications, video and telephone interviews, telephone support lines, e-mail, blogs, message boards, and their respective contents, career web sites such as LinkedIn and Career Builder, in addition to our Twitter, Facebook or other social networking sites, and their respective contents (collectively, the “Services”), whether accessed via computer, mobile device or other device.

This Policy describes the types of personal data we collect through the Services and how that personal data may be used and/or with whom it may be shared.

BY USING THE SERVICES, YOU EXPRESSLY CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION ACCORDING TO THIS PRIVACY POLICY. YOUR PERSONAL INFORMATION MAY BE PROCESSED IN THE COUNTRY WHERE IT WAS COLLECTED AS WELL AS OTHER COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY.

Children Under 13 Years of Age

Children under 13 years of age are not permitted to use the Services for any purpose and ES does not collect personally identifiable information about children under the age of 13. Users may not provide personal information about any person under 13 years of age. If you believe that personal information about a child has been provided to ES without the consent of his or her parent or guardian, please contact us at privacyofficer@employstream.com. If we becomes aware that personally identifiable information about a child under age 13 has been provided, we will delete such information.

Registration Password

Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information. To ensure effectiveness of your password, we recommend that you do not disclose your user identification or password to anyone. Please be careful and responsible whenever you are online.

The Information We Collect

When you register to use the Services or to apply for a job the Services will collect personal information about you to give you the best user experience possible. During the registration process you may be asked to input personal information to create an account such as name, email address, city, state and zip code and may be asked additional profile questions regarding your use of the Services. When you apply for a job you may need to provide personal data such as your name, home address, telephone number, e-mail address, Social Security Number, education and job history, criminal convictions, salary requirements, and current resume through the Services.

ES collects such information only insofar as is necessary or appropriate to fulfill the purpose of your interaction with the Services.

When you visit the Website or use the App, the Services may collect anonymous, aggregated data regarding your activities. This anonymous, aggregated data cannot be linked or otherwise used to identify you. We may share aggregated information that includes non-identifying information with third parties for industry analysis and demographic profiling. Users of the Services shall not be entitled to any compensation stemming from the use of such aggregated or non-identifying information.

Use and Disclosure of your Personal Information

ES will use the personal information you submit to us to provide you full access and functionality of the Services. Accordingly, personal information may be used for the following purposes: (i) to provide and improve our services, features and content; (ii) to administer your use of our services and accounts; (iii) to enable users to enjoy and easily navigate the Services; (iv) to better understand your needs and interests; (v) to fulfill requests you may make; (vi) to personalize your experience; (vii) to provide you with announcements, notifications related to your use of the Services and other communications such as electronic newsletters, promotional e-mails or similar messaging; (viii) to provide service announcements; (ix) to protect against users seeking to hack into the Services; and (x) to assess the level of general interest in the Services and specific information included in the Services.

Except as provided elsewhere in this policy ES will not disclose your personal information to third parties outside of ES and its service providers, affiliates, vendors and business partners unless ES has the good faith belief that disclosure is reasonably necessary to:

  • cooperate with law enforcement authorities or comply with legal process served on ES or the Website or App;
  • protect the property and rights of ES, its affiliates or a third party;
  • protect the safety of the public or any person;
  • prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable;
  • complete, as permitted by law, a business sale, asset transfer, merger, acquisition or reorganization; or
  • fix or debug problems with the Website or App servers, software or service.

If ES discloses your personal information pursuant to one of the above-mentioned conditions, it will do so only to the extent necessary.

Security of your Personal Information

ES is committed to protecting your personal information. We regularly test our facilities and use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure.

Use of Cookies

As you use the Services, certain information may also be collected passively, including your Internet protocol (IP) address and the browser that you use to visit the Site. ES may also store a small text file called a “Cookie” on your computer to store your login information (if any) and your personal preferences for the Services. ES may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them). You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) to disable existing cookies; or (iii) to set your browser to automatically reject any cookies. However, please be aware that if you disable or reject cookies, some features and services on our Site may not work properly because we may not be able to recognize and associate you with your ES account(s). In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests. After you register and enable Cookies, we may associate this information with personal information that we have collected from you.

Links to Other Web Sites

The Website may contain links to other web sites that are not owned or controlled by ES. The provision of such links is for your convenience and does not signify our endorsement of such web sites or location or its contents. We have no control over, do not review and are not responsible for the privacy policies of or content displayed on such other web sites.

Privacy Policy Changes

We reserve the right to modify this privacy policy from time to time without notice. Please review this privacy policy each time you visit the Services so that you will be apprised of any changes. Your continued use of the Services subsequent to any posted changes to this Policy means you accept those changes. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent.

Data Transfers

For users outside the United States, please note that any personally-identifiable information you enter into the Services will be transferred out of your country and into the United States. You consent to such transfer through your use of the Services. You also warrant that you have the right to transfer such information outside your country and into the United States.

Your Rights and Responsibilities

You are permitted, and hereby agree, to only provide personal information to EmployStream if such personal information is accurate, reliable, and relevant to our relationship and only to the extent such disclosure will not violate any applicabledata protection law, statute, or regulation.

You may have certain rights under applicable data protection law with respect to personal information about you that is collected through the Sites or when you contact or otherwise engage with us. To exercise any of these data privacy rights, please contact us, or have your authorized agent contact us, in accordance with the“Contact Us” section listed below. In the event you submit, or your authorized agent submits on your behalf, a data request, you (and your authorized agent) hereby acknowledge and agree, under penalty of perjury, that you are (or the authorizedagent of) the consumer whose personal information is the subject of the request. We will respond to any data requests within the timeframes required by law, and wemay charge a fee to facilitate your request where permitted by law.

Marketing. You have the right to opt-out of receiving electronic direct marketingc ommunications from us. All electronic direct marketing communications that youmay receive from us, such as e-mail messages, will give you an option of not receiving such communications from us in the future.

California Privacy Rights. California Civil Code Section § 1798.83 permits usersof the Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Pursuant to the California Consumer Privacy Act of 2018, as amended(“CCPA”), California residents may have certain data privacy rights, such as the right to be notified about what personal information categories are collected about you,and our intended use and purpose for collecting your personal information. You have the right to request access to your personal information and, to the extentfeasible, request that it be transmitted in certain forms and formats. You may have the right to request that we (and any applicable service provider) delete your personal information. You have the right not to be subject to discrimination forasserting your rights under the CCPA. If you make, or an authorized agent on your behalf makes, any request related to your personal information, EmployStream will ascertain your identity to the degree of certainty required under the CCPA before addressing your request. EmployStream may require you to match at least threepieces of personal information we have previously collected from you before granting you access or otherwise responding to your request.

Do Not Track. Some web browsers may transmit “do-not-track” signals to the Siteswith which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.

European Union (EU) Privacy Disclaimer

EmployStream processes personal information in accordance with the legalbases set forth in the EU General Data Protection Regulation (GDPR) or EU Member State law. For example, our processing of Personal Data onindividuals (as described above) is justified based on statutory provisions that (1) processing is based on the consent; (2) processing is necessary for EmployStream’s legitimate interests as set out herein; (3) processing is necessary for the performance of a contract to which you are a party; and,(4) EmployStream is required to comply with a legal or statutory obligation in the EU or a Member State. If you are in the EU or afforded protection under the GDPR, you may have certain rights with respect to the Personal Data. To the extent permitted by applicable data protection laws, you may access the Personal Data we hold about you; request that inaccurate, outdated, or no longer necessary information be corrected, erased, or restricted; and, request that we provide your Personal Data in a format that allows you to transfer it to another service provider. You also may withdraw your consentat any time where we are relying on your consent for the processing of your Personal Data. You may object to our processing of your Personal Data where that processing is based on our legitimate interest. You have the right to lodge a complaint with your competent data protection authority. EmployStream transfers personal data outside the EU in accordance with standard contractual clauses adopted by the European Commission, or other approved safeguards (e.g., Privacy Shield, consent). If you wish to exerciseany of these rights, please contact us in accordance with the instructions provided below.

Nevada Privacy Disclaimer

Pursuant to Nevada law, a Nevada “consumer” (as the term is defined therein), may, at any time, submit a verified request through a designated request address to an “operator” directing the operator not to make any sale of his or her personal information that the operator has collected or will collect about the consumer. For clarity purposes, EmployStream does not sellor exchange your personal information for monetary consideration to a third party for the third party to license or sell the information to additional persons or parties.

We Do Not Sell Your Personal Information

EmployStream does not, to the best of our knowledge, sell or rent personal information that we have collected or retain about you to any other third-party for any purpose. Accordingly, we do not offer individuals the ability to “opt-out” of the selling or renting of personal information because we do not engage in those practices.

Our Data Retention Criteria

The period during which we store your personal information varies depending on the purpose for the processing. For example, we store personal information needed to provide you with products and services, or to facilitate transactions you have requested, for so long as you are a customer of EmployStream. We store your personal information for marketing purposes until you have opted-out of receiving further direct marketing communications in accordance with applicable law. In all other cases, we store your personal information for as long as is needed to fulfill the purposes outlined in this Privacy Statement, following which time it is either anonymized (where permitted by applicable law), deleted or destroyed.

Contact Us

If you have any questions about this policy or our site in general, please contact us at:

EmployStream
2019 Center Street
Suite 202
Cleveland, OH 44113

By e-mail to: privacyofficer@employstream.com

By telephone at: 216-816-0086

Changes to this Policy

This Policy may be amended from time to time, consistent with the requirements of applicable law. A notice will be posted by ES on this Site when this Policy is changed.