Effective as of December 2, 2019
At Symphony Talent, LLC, Hodes, LLC and Findly, LLC (collectively, “Symphony Talent”, “we”, “us”, or “our”), we recognize that privacy is important, and we are committed to provide a safe, secure experience to you, the user (“you,” “your” or “user”).
IMPORTANT: BY USING SYMPHONY TALENT SITES AND/OR SERVICES AVAILABLE ON THE SITES, YOU GIVE YOUR CONSENT THAT ALL PERSONAL INFORMATION THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITES OR ACCESS THE SERVICES.
This Policy applies to information we collect on sites owned or controlled by Symphony Talent or its affiliated companies (hereinafter “Symphony Talent”). Affiliated companies are entities that control, are controlled by or are under common control with Symphony Talent.
If you are using our Sites to look or offer yourself for work, apply for a job, sign up for alerts or other services, participate in a job survey, take a skills assessment, complete a background check, or perform other career-related activities (a “Job Seeker”), we share your information with potential employers, headhunters, recruiters, hiring managers and other human resource professionals (collectively “Recruiter” or “Recruiters”). We are unable to control their use of your data. We also do not control the data practices of those who access your information on or through our Sites, or other third parties with whom we work with to provide Services that you may choose to use. You may wish to review the privacy policies of those sites so you can understand how they collect, use and share your information.
If you are using our Sites as a Recruiter, we do not control the data practices of third parties with whom we work with to provide Services that you may choose to use, nor parties that you may request we work with to integrate other services and systems you may use.
Some of our pages utilize framing techniques to serve content to/from our partners while preserving the look and feel of our Site. Please be aware that you are providing your personal information to these third parties and not to Symphony Talent Sites. Information collected on our Sites is stored in the United States; therefore, your information is subject to U.S. law.
Information We Collect
Personal Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this Site, such as registering, purchasing a product or service, or sending us feedback, we may ask you to provide certain information about yourself.
When you use our Sites as a Job Seeker or as a Recruiter, you create a profile, which contains a core set of PI, which acts as a login authentication to identify you (a “Profile”). We store this Profile in the United States.
You use your Profile to access our Services, and you add, update and delete information on your Profile as you use the Services. The Services that you choose to use determines the type of information collected, the use of that information by Symphony Talent and by others, and your control over that information.
For example, your Profile will always contain:
- your name;
- your email address; and
- a password that you set.
Then, depending on the Services you use, we may collect and store in your Profile:
- contact information such as address, telephone number;
- information about your education and occupation background, skills and experience, awards, memberships and affiliations, activities and interests;
- information imported by you and/or your connections from third party sites;
- information about third parties, such as references or contacts which you provide to us with the third parties’ express written consent to do so;
- your resume, cover letters, patents, work examples and other documents (“Supporting Documents”);
- your preferences and favorites; and/or
- your age, gender, race or ethnicity, if permitted by local law and you choose to provide it.
Depending on the Services you choose to use, some or all of your Profile may be made available to other parties. Your password is never shown to any other party.
We attempt to limit access to our Sites to Recruiters, but we do not and cannot guarantee that other parties will not gain access to this database. Furthermore, we cannot control the use of information in your Profile by third parties who access the Sites. Once your Profile has been disclosed, Symphony Talent is not able to retrieve it from the third parties who have seen, downloaded, printed or otherwise stored it.
Some Services (such as background checks and various new hire on-boarding functions employers may require of you, or your purchasing of other Services we may offer you, etc.), may require that you provide very sensitive information (“Permitted Hidden Information”) such as: Social Security Number or National Identification Number.
Permitted Hidden Information is not stored in, and is not visible in, your Profile. Other than for storage as Permitted Hidden Information, you should not put Social Security Numbers, bank accounts, personality profiles, or other information you would not want made public, in your Profile, Public Submissions, or any Supporting Document.
Some Services allow you to set your Profile, parts of your Profile, your Supporting Documents and some types of Submissions that you make visible to the public areas of Symphony Talent Sites (“Public Submission”). Public Submissions can be seen by any user on the Symphony Talent Sites, and by any person on the Internet. You can retract Public Submissions at any time by adjusting your privacy settings in your profile. However, anyone who has viewed your Profile, including your Public Submissions, may have kept a copy of them.
You may delete your Profile (which deletes your Supporting Documents and Public Submissions), from our Sites at any time. Some Countries and States require that we, and/or Recruiters that use our Services, retain a copy of the information you provided. Deleting your Profile from our Sites does not guarantee that copies of your information are also being deleted.
If you provide us with details of a reference, it is your responsibility to ensure that the person is aware that you have forwarded his or her contact information and has consented in writing for you to do so. By providing the details of a reference, you warrant and represent that you have obtained that individual’s consent. We will only use the reference’s information for the specific reason for which it is provided. If you believe that one of your contacts has provided us with your personal information as reference and you would like to request that it be removed from our database, please contact us at firstname.lastname@example.org.
All Submissions, including but not limited to Profiles, Supporting Documents, or other information you give to us, must not contain information relating to your (i) racial or ethnic origin, unless you choose to, and it is legal for you to do so (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union or political party (v) physical or mental health or biometric details or genetic makeup (vi) addictions, sexual life (vii) the commission of criminal offenses or proceedings and associated penalties or fines, or (viii) the commission of any unlawful or objectionable conduct and associated penalties. If the information you provide does contain any of the above, then you agree that it is at your own risk. We cannot control third parties’ access to such information as they use our Services.
Company Information: Your Profile only contains information about you. If you are using our Sites as a Recruiter, you will undertake activities on behalf of your company, (such as posting jobs, writing job descriptions, adding notes, documents, comments, and sending email to Job Seekers, etc.), and these activities create and store information for your company (“Company Information”), that is separate to your Profile.
All Company Information you give to us must not contain information relating to your (i) racial or ethnic origin, unless you choose to, and it is legal for you to do so (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union or political party (v) physical or mental health or biometric details or genetic makeup (vi) addictions, sexual life (vii) the commission of criminal offenses or proceedings and associated penalties or fines, or (viii) the commission of any unlawful or objectionable conduct and associated penalties. If the information you provide does contain any of the above, then you agree that it is at your own risk. We cannot control third parties’ access to such information as they use our Services.
If you delete your Profile, Company Information that you may have added as a Recruiter will be deleted according to the company’s agreement with Symphony Talent, and the various legal laws pertaining to data storage.
Passively-collected Information: This refers to information that we collect automatically about you based upon where you visit on our Sites and what other sites may have directed you to us. We automatically collect information about how you use our Sites, the areas of our Sites that you visit, as well as information about your computer including your IP address, device ID, physical location, browser and operating system type, screen size and referring URLs. This information is necessary for providing personalized and location-based content as well as for analyzing the use of resources, troubleshooting problems, preventing fraud, and improving our Services. We may combine this information with information in your Profile to help prevent fraud, or to improve the value and relevant outcome of the services you use.
If you choose to login, add, or otherwise connect with LinkedIn, Facebook or other such similar social network sites (“Social Information”), you authorize us to import and/or show the Social Information that you choose to share with us as part of your Profile, and use that information in the aggregate.
Our Sites also let you share your Profile publicly; such that your Profile may be accessed by everyone on the Internet, including users without accounts, and your Profile may also appear in public search engine results. You may control the visibility of your information by managing your privacy settings. You may also restrict the information available to others by turning off and/or deleting information you do not want visible, or by not providing the information at all.
Our Legal Basis for Processing Your Personal Information
Where we collect Personal Information, we’ll only process it:
- to perform a contract with you, or
- where we have legitimate interests to process the personal data and they’re not overridden by your rights, or
- in accordance with a legal obligation, or
- where we have your consent.
How We Use Information
We use the information we collect to provide our Services, operate and improve our Sites, and respond to you. By registering with Symphony Talent, by using the Sites and/or Services you choose, by managing your Profile, or by opting in when presented with choices, you have consented for us to use your information in the following ways:
- to create a profile for you based on information that you have provided to us, information imported from other sites or applications, or information provided to us by third parties such as your contacts or advertisers;
- to use information about you, and others like you, to help you acquire a job or advance your career;
- to send you automated self-improvement hints to help you acquire a better job faster;
- to help your friends, contacts, and potential employers find your profile and connect with you;
- to provide information about you and your potential interest in jobs to employers;
- to provide products and services to employers so they can complete the recruitment and hiring process;
- to use information about you, and others like you, to help you use and get more value out of our Services;
- to provide products and services that enable users to network, post information on bulletin boards, view and compare Profiles;
- to provide personalized, targeted, or location-based content and services from us and third parties;
- to allow you to contact other users or to invite others to join or create a Profile;
- to allow you to import information about yourself or your contacts from other sites or applications or to export your information to other sites or applications;
- to allow you to share jobs and profile information with your connections;
- to allow you to find and hire people;
- to allow you to make purchases;
- to contact you about feature updates, informational and service-related communications, including important security updates;
- to provide you with additional communications, information, and promotions such as newsletters;
- to inform you of other products or services available from Symphony Talent or its affiliates;
- to enable you to contact us and for us to respond to you to conduct surveys, promotions and contests, and to publish the results thereof;
- to prove the effectiveness of our Services, and to provide research data in support of white papers we may choose to publish;
- to generate internal reports about the use of our Site;
- to give search engines access to public information;
- to detect, investigate and prevent activities that may violate our policies or be illegal; and
- to make suggestions and draw inferences about you. For example, we may make suggestions about people you may know or additional jobs, products or services that might be of interest to you, or people you should consider hiring.
Information you provide in your Profile may be accessed, used, and stored by others around the world, including those in countries that might not have legislation that guarantees adequate protection of personal information as defined by your country of residence. While Symphony Talent takes measures to safeguard your information from unauthorized access or inappropriate use, Symphony Talent does not and cannot control these third parties. Symphony Talent is not responsible for any third party use of information you give to us.
We use information we have about you to determine whether you might be interested in the job and/or career opportunities of a particular third party. We may show you targeted ads on our Sites or other sites with which we have a business relationship. These ads are targeted based on information we collect about you and information about you we acquire from third parties.
You can opt-in for a service that connects you to a live help desk agent who will help you find a job. If you choose to opt into this service, you are agreeing to be called or messaged about employment opportunities, job search assistance, career advancement and educational opportunities, to the phone number that you provide. This service is provided following the guidelines as defined under the US Telephone Consumer Protection Act (TCPA), found at http://www.fcc.gov/document/telephone-consumerprotection-act-1991.
How We Share Information
We share your information with third parties who have legally contracted with us, in order to help deliver our Services to you. Such third parties may include companies which provide our web servers and database storage, those who analyze data, provide marketing assistance, process payments, provide verification and testing services for jobs, evaluate education and provide education guidance, perform job searches, improve Site usage, provide phone-based help centers, and other services that may help you use our Sites, acquire a job, advance your career, manage your hiring process, or hire people. These companies only have access to information as necessary to perform their functions, and they may not use that information for any other purpose. We will remain responsible for any information shared in this way.
We may disclose information to third parties if you consent. Your consent and subsequent disclosures are assumed when you perform the following:
- by applying to a job, indicating interest in a job and/or employer, accepting a job referral from a friend, or playing a ‘careers’ game promoted by an employer, you consent to the disclosure of your information to that one employer and their Recruiters;
- by completing a background check, assessment, or reference check as part of a hiring process at the request of an employer, you consent to the disclosure of your information to the third-party who may provide such Services, and you also consent to the results of such Services being shared with that one employer and their Recruiters;
- by participating in our Employee Referral Service, you consent to the disclosure of your information to that employer and their Recruiters;
- by using any of our Services as a Recruiter or employee, you consent to the disclosure of your information to the employer, agency or entity that is paying for your access or otherwise providing the Services to you;
- by joining directly at TheHive.com you consent to the disclosure of your Profile to any employers and their Recruiters using our Services;
- by opting in to add credentials to your Profile, you consent to the disclosure of your information to the third-party who may provide such credentialing Services, and if you pass (obtain) the credential, you also consent to the credential ‘badge’ being displayed on your Profile, and such badge being visible/available to any current and future party that you have disclosed your Profile to;
- if you opt in to receive information about the employment opportunities, products, or services of third parties, we supply your contact information to those third parties so they may contact you; and/or
- if you previously chose to receive newsletters, commercial emails or other communications from Symphony Talent or third parties, but subsequently change your mind, you may opt out in those emails by following the unsubscribe instructions included in those emails or by editing your account profile and opting out.
We also share passively-collected information (including location data) about Symphony Talent Site visitors with third parties to serve advertisements to you on our Sites, on other sites with which we have a business relationship, and via our Services. We may also aggregate data regarding employment qualifications, education, age, experience level or other information relevant to improving the relevancy of the Services we offer you, the advertising we display and/or send to you. This aggregated data does not identify you personally.
At times we may be required by law enforcement or judicial authorities to provide information to the appropriate governmental authorities. In such cases, we will disclose information upon receipt of a court order, subpoena, bankruptcy proceedings, or other legal process or to cooperate with a law enforcement investigation when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. We fully cooperate with law enforcement agencies in identifying those who use our Services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
We may disclose and transfer information to a third party who acquires any or all of Symphony Talent’s business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. You will be notified via email and/or a prominent notice on our Sites of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
Advertising Opt Out: Symphony Talent uses several third parties to help provide analytics services and to serve advertisements to you. These third parties include Google, Bing, MediaMath, Flurry, and others. These third parties may employ clear gifs (a.k.a. Web Beacons/Web Bugs), images, and scripts that help them better manage content on our Sites. We may tie the information gathered to your Profile to help us better serve you, however we never provide that information back to those third parties. You can opt out of third party cookies by setting your browser to decline cookies. Symphony Talent does not respond to web browser “do not track” signals. You can opt out of targeted advertising from networks Symphony Talent works with by visiting http://preferences-mgr.truste.com, or if you reside in the European Union, you may visit http://www.youronlinechoices.eu/. Please note this does not opt you out of being served advertising. You will continue to receive generic ads by others.
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set, visit www.aboutcookies.org or www.allaboutcookies.org.
To find information relating to other browsers, visit the browser developer’s website.
To opt out of being tracked by Google Analytics across all websites, visit http://tools.google.com/dlpage/gaoptout.
Some mobile targeting is conducted based on anonymized advertising IDs. Find out how to manage and delete advertising IDs from your device based on the mobile OS instructions below:
How You Update and/or Delete your Information
Depending on what Services you use, you may be able to access, update or delete your information in different ways. For instance, some services such as Background Checks delivered by third parties may be legally required to keep your information for a period of time.
1) If you had taken an Assessment as part of applying for a job with a specific company via the SkillCheck.com website, you need to contact us at email@example.com in order to have your assessment results deleted from that system.
2) If you had applied to a job for a specific employer via the HRApply.com system, you need to visit that employer’s career website to log in and delete your profile.
3) If you have joined an employer’s Talent Community, signed up for job alerts, joined TheHive.com, were referred to a job by a friend, participate as an employee in the Employee Referral program, attended a recruiting event, or are a user of any of the Symphony Talent Sites, you may access, review, correct, update, change or delete your Profile or any Supporting Documents at any time. To make any modification, you may log into your account at https://www.TheHive.com and make the desired changes. You may need to set/reset your password in order to gain access to update/delete your information.
Access to or correction, update, or deletion of your Profile may be denied or limited by Symphony Talent if it would violate another person’s rights and/or as otherwise permitted by applicable law. If you wish to delete or close your account and remove your Profile altogether, you can do so at any time by visiting https://www.TheHive.com. If you delete your Profile we will retain an archival copy of your Profile that is not accessible by you or third parties. Archival copies are retained only for as long as needed for audit and record purposes, and/or by law (“Archival Period”). We will also keep logs and information that may relate to your activity on our Site.
If you wish to re-establish your Profile during the Archival Period, you may re-join our Sites, and providing you use and authenticate with the same email address as you originally used to create your Profile, your full Profile and history will be restored, minus your Name, Address, Phone number, and any Permitted Hidden Information you may have previously added. You may re-add this information.
How We Store Information
We retain all the aggregate non-identifying information we gather about you such as recruiter notes, selection status, and others in an effort to make your, and other’s use of our Sites more efficient. We keep this non-identifying information even if you delete your Profile.
We may retain your personal information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements.
If you change your Profile, those changes will be provided to any party that accesses your Profile through our Sites and Services, provided they still maintain your consent to disclose your Profile to them.
While you are able to change and delete your Profile from our Sites, anyone who previously had your consent or otherwise viewed your Profile and/or used our Sites may have kept a copy of it. Some Countries and States require that we, and/or Recruiters that use our Services, retain a copy of the information you provided as you used the Services. Deleting and/or changing your Profile from/on our Sites does not guarantee that these copies are also being deleted/changed.
Upon request we will provide you with information about whether we hold any of your personal information. If you have additional requests regarding your information, please contact us at firstname.lastname@example.org. Symphony Talent will respond to information access requests within thirty (30) days of receipt. If we require additional time to respond, we will acknowledge receipt of your request within a reasonable timeframe and supplement our response within the time period required by applicable law.
If you have not logged onto our Site for an extended period, we may deactivate your Profile. You can reactivate your Profile simply by logging back in to any of our Sites within the Archival Period. Deactivated Profiles may be deleted. Our policy is to delete accounts and Profiles if a user does not log in within eighteen (18) months. We may extend or reduce this period at our discretion. If we change the period, we will update this notice. We will notify you at the email address you provided before we delete your account in this manner.
Information Collected on Behalf of our Clients
The use of information collected through our Services shall be limited to the purpose of providing the service for which the Client has engaged Symphony Talent.
Symphony Talent collects information under the direction of its Clients, and has no direct relationship with the individuals whose personal data it processes. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly. We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Clients.
Symphony Talent acknowledges that you have the right to access your personal information. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the Symphony Talent’s Client (the data controller). If requested to remove data we will respond within a reasonable timeframe.
We will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. Symphony Talent will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Symphony Talent takes measures we believe to be appropriate to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through the Symphony Talent Sites cannot be guaranteed. You are solely responsible for keeping your username and password secret. Additionally, you acknowledge that your Profile and other information you provide may be monitored by third parties, including your current employer.
We and our partners (who work with us to provide services such as marketing, advertising, ongoing engagement, skills testing, career training and other career content), affiliates or analytics or service providers use technologies such as cookies, beacons, scripts, tags or similar technologies. These technologies are used in analyzing trends, administering the website, tracking users’ movements around the site, and gathering demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis. Various browsers may offer their own management tools for removing these types of tracking technologies.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Symphony Talent Sites may not function properly if you elect to disable cookies.
Social Media Widgets
Symphony Talent is not intended for, nor do we knowingly collect information from, children under the age of 15. By using our Sites, you warrant and represent that you are 15 years or older, or, if you are under 18 years of age, you warrant that you are using the Sites and/or Service with parental consent.
Your Rights in Relation to your Personal Information
You have rights relating to your Personal Information that we process. When it comes to marketing communications, you can ask us not to send you these at any time – just follow the unsubscribe instructions contained in the message, or send your request to email@example.com.
You also have rights to:
- know what Personal Information we hold about you,
- make sure it’s correct and up to date
- request a copy of your Personal Information (including in machine readable form)
- ask us to restrict processing your Personal Information or delete it
- object to our continued processing of your Personal Information
You can exercise these rights at any time by sending an email to firstname.lastname@example.org.
If you’re not happy with how we are processing your personal data, please let us know by sending an email to email@example.com. We will review and investigate your complaint, and get back to you within a reasonable time frame. You can also complain to your local data protection authority, and if required they can advise you how to submit a complaint to them.
Your California Privacy Rights
Upon your request, California Civil Code Section 1798.83, known as the “Shine the Light” law, requires us to provide to you (a) a list of your personal information, if any, which we have disclosed to third parties for direct marketing purposes in the preceding calendar year, and (b) the names and addresses of those third parties. You may make such a request once per calendar year, and we will provide the information to you free of charge. Please send any requests made pursuant to this section by emailing us at privacy@symphonytalent. However, as defined under Section 1798.83, we do not currently share any personal information with third parties for their direct marketing purposes.
Privacy Shield and International Transfers
Symphony Talent participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. Symphony Talent is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, respectively, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov/list.
Symphony Talent is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Symphony Talent complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Symphony Talent is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Symphony Talent may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
Your data is submitted to Symphony Talent, a Delaware limited liability company, whose principal place of business is at 19 West 34th Street, Suite 1000, New York, NY 10001, USA, and your data is hosted and stored in databases and on servers situated throughout the United States.
Symphony Talent, LLC
Data Protection Officer
19 West 34th Street, Suite 1000
New York, NY 10001
Our European representative is:
Symphony Talent (UK) Limited
9 Regents Wharf
All Saints Street
London N1 9RL