Candidate Privacy Notice

1. Introduction.

Thank you for your interest in joining Machinify. We respect the privacy rights of individuals and are committed to handling personal information responsibly and in accordance with applicable law. It is important that you read this Candidate Privacy Notice (“Notice”) carefully as it sets out how Machinify, Inc. and its affiliates (collectively, “Machinify”, “our”, “we” or “us”) process your personal information when considering you for roles with Machinify and the rights you have in connection with that information. This Notice does not form part of any employment contract or contract to perform services. It is not intended to create any express or implied promise or contract for employment or any benefit or treatment in specific situations.

When we refer to “you” or “candidate” in this Notice, we mean an external candidate who applies for a job opportunity with Machinify, interacts with us in connection with recruitment activities, or when you seek to provide services to us as a contractor, either directly or through a third-party employing entity. When we refer to “personal information” in this Notice, we mean information that identifies or could reasonably identify you, subject to definitions in applicable data protection laws. This Notice applies to Machinify’s handling of personal information collected from or about you in connection with our recruitment and onboarding process, whether you engage with Machinify online or offline.

This Notice does not apply to our handling of personal information gathered about consumers or business customers who use our websites, products, or services. This Notice does not apply to personal information collected from or about Machinify employees.

If you have any questions about this Notice, please contact us using the contact details set out below.

2. Types of Personal Information We Collect and Disclose.

We may collect and process the following categories of personal information about you during the recruitment process. We may disclose this information to people and businesses that assist us in operating and carrying out our business functions, and where legally permitted or required to do so.

Categories of Personal Information Collected	Disclosed to
Identification and contact details, such as your name, address, residence, email, phone number, date of birth, gender, nationality/ies, government identifiers, and other similar identifiers Academic and professional qualifications, such as degrees, certifications, education, training certifications, memberships, job history, cover letter, details included in your CV/résumé, skills, achievements, organizations in which you are/were involved, and references Immigration information, visa information, citizenship, and work authorization Public information, such as social media profiles and websites (if permitted) Audio and visual information, such as video captured by a CCTV device if you come to Machinify offices, or recordings or transcripts of meetings Background check information, drug testing, regulatory and exclusion list screening, right to work verification, and reference-check verification, including past education, employment, credit, and/or criminal history through a third-party provider Device and online identifiers, like IP address, device identification information, email, phone number Other information you voluntarily provide to us Sensitive personal information, including protected classifications under Federal or State law, such as race or ethnic origin, gender, disability, health or medical conditions, nationality, ethnicity, military or veteran status, or other protected characteristics, as required or permitted by law, and typically on a voluntary basis	Processing 1 through 9: Machinify subsidiaries Service providers to enable them to perform services on our behalf In connection with a corporate transaction, such as a proposed or actual merger, acquisition, investment, reorganization, or sale of all or part of our business or assets Recruiters, to the extent you are working with a recruiter in connection with your application To comply with our legal obligations Professional advisors, such as lawyers, auditors, insurers, and accountants To provide a reasonable accommodation as part of the recruitment process Competent law enforcement agencies, regulators, government authorities, courts, or other third parties, when we believe disclosure is necessary to (i) comply with the law, (ii) to exercise, establish or defend legal rights, or (iii) to protect the vital interests of candidates, service providers, or another third party Where you have provided your consent

Categories of Personal Information Collected

Disclosed to

Identification and contact details, such as your name, address, residence, email, phone number, date of birth, gender, nationality/ies, government identifiers, and other similar identifiers
Academic and professional qualifications, such as degrees, certifications, education, training certifications, memberships, job history, cover letter, details included in your CV/résumé, skills, achievements, organizations in which you are/were involved, and references
Immigration information, visa information, citizenship, and work authorization
Public information, such as social media profiles and websites (if permitted)
Audio and visual information, such as video captured by a CCTV device if you come to Machinify offices, or recordings or transcripts of meetings
Background check information, drug testing, regulatory and exclusion list screening, right to work verification, and reference-check verification, including past education, employment, credit, and/or criminal history through a third-party provider
Device and online identifiers, like IP address, device identification information, email, phone number
Other information you voluntarily provide to us
Sensitive personal information, including protected classifications under Federal or State law, such as race or ethnic origin, gender, disability, health or medical conditions, nationality, ethnicity, military or veteran status, or other protected characteristics, as required or permitted by law, and typically on a voluntary basis

Processing 1 through 9:

Machinify subsidiaries

Service providers to enable them to perform services on our behalf

In connection with a corporate transaction, such as a proposed or actual merger, acquisition, investment, reorganization, or sale of all or part of our business or assets

Recruiters, to the extent you are working with a recruiter in connection with your application

To comply with our legal obligations

Professional advisors, such as lawyers, auditors, insurers, and accountants

To provide a reasonable accommodation as part of the recruitment process

Competent law enforcement agencies, regulators, government authorities, courts, or other third parties, when we believe disclosure is necessary to (i) comply with the law, (ii) to exercise, establish or defend legal rights, or (iii) to protect the vital interests of candidates, service providers, or another third party

Where you have provided your consent

If we process personal information based on your consent, you may withdraw that consent at any time, subject to applicable law. Withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal. However, if our processing is required to fulfill a legal obligation, we may be unable to stop processing certain personal information.

If we request any additional information not described above, we will notify you at the time of collection why we are asking for it and how we will process it. We may de-identify, anonymize, or aggregate personal data for use and sharing with third parties for any purpose, where permitted by law.

Our recruitment process is not intended for children under the age of 16 (or the age specified by applicable law). We do not knowingly collect personal information from children in our recruitment process. If we become aware that we have collected personal information from a child, we will take steps to delete it as required by law.

3. Sources of Personal Information.

We may collect personal information from:

You directly, during the application, interviews, and assessments
Third parties, such as recruiters, background check providers, drug testing providers, reference-check providers, referrals, references, training or certification providers, academic institutions, and other external database holders (such as regulatory and exclusion list screening)
Publicly available sources, such as LinkedIn, websites, social media, and other information available online
You automatically, when you use our website

4. Purposes for Processing Personal Information.

We use your personal information for purposes including:

Processing Purposes	Legal Basis
Administering and processing the candidate relationship, recruitment process, making hiring decisions. Assessing your skills, qualifications, and suitability for employment. Verifying information and conducting background checks, drug testing, regulatory and exclusion list screening, right to work verification, and reference-check verifications. Communicating with you about your application and job opportunities.	Processing purposes 1 through 4: • Compliance with legal obligations • Legitimate interests of Machinify • To take steps prior to entering an employment contract with you, where you are considered for employment • Consent
Complying with applicable legal and regulatory obligations (e.g., anti-discrimination, immigration, tax, sanctions, customer contracts). Monitoring and ensuring compliance with applicable policies and procedures. Exercise, establish or defend legal rights.	Processing purposes 5 through 7: • Compliance with legal obligations • Legitimate interests of Machinify
Responding to and complying with requests and legal demands from competent law enforcement agencies, regulators, government authorities, courts, or other third parties, when we believe disclosure is necessary to (i) comply with the law, (ii) to exercise, establish or defend legal rights, or (iii) to protect the vital interests of candidates, service providers, or another third party Providing reasonable accommodations during the recruitment process Any other purpose as required by applicable law	Processing purpose 8 through 10: • Comply with legal obligations
Protecting the safety, security, confidentiality, and integrity of our property and personnel.	Processing purpose 11: • Legitimate interests of Machinify • Public interest • Vital interest • Compliance with legal obligations
Improving our recruitment process. Fulfilling a job referral request.	Processing purposes 12 through 13: • Legitimate interests of Machinify • Consent
Considering you for future job opportunities (unless you request deletion of your application)	Processing purposes 14: • Legitimate interests of Machinify
Fulfilling the reason for which you provided the information. Informing you about our recruitment events, job posting, newsletters, and related communications Any other purpose with your consent.	Processing purposes 15 through 17: • Consent

Third-party recipients have their own privacy notices outlining their data processing approach, which you may wish to consult where the third party has their business purposes or if you have a direct relationship with them.

5. Data Retention.

We retain your personal information for as long as necessary to fulfill the purposes described in this Notice and as required by applicable laws and our records retention policy. If you are hired, your personal information will become part of your employment record. If you are not hired, we may retain your personal information for a reasonable period to consider you for future opportunities or to comply with legal obligations, including supporting and evidencing our recruitment process in defense of potential or actual claims. You may update your preference regarding future contact at any time by contacting us; however, please be aware that we may need to retain certain information if we have a lawful basis to do so at the time of your request.

6. Your Personal Information Rights.

Depending on where you live and subject to applicable laws, you may have certain rights regarding your personal information, such as:

Right to Access: Obtain access to or a copy of certain personal information we hold about you.
Right to Correct / Rectification: Request correction or update of inaccurate personal information we hold about you.
Right to Erasure (Right to be Forgotten): Request deletion of certain personal information we hold about you.
Right to Obtain a Report (California-Specific): Request information about the categories of personal information we collect or disclose about you; the categories of sources of such personal information; the categories of third parties to which we disclose such personal information; and the specific pieces of personal data we have collected about you (collectively, a “Report”).
Right to Object: Object to the processing of your personal information if it is processed under legitimate interest or public interest grounds.
Right to Refuse or Withdrawal Consent: Refuse or withdraw your consent to processing at any time. Any processing that occurred before withdrawal remains lawful.
Right to Opt-Out of Automated Decision-Making and Profiling: Opt out of the processing of your personal information for purposes of profiling or automated decision-making that produces legal or similarly significant effects (we do not engage in such processing concerning candidate information).
Right to Data Portability: Provide your personal information that you have provided to us in a commonly used machine-readable format that you can transfer to other data controllers (if processed under consent or contract, and processing is performed by automated means)
Right to Restrict Processing: Restrict the processing of your personal information in certain circumstances (e.g., contesting accuracy, unlawful processing, etc.)
Right to Lodge a Complaint: Lodge a complaint with the supervisory authority in the country or region where you reside.
Right to Non-Discrimination (California-Specific): You have the right not to receive discriminatory treatment for exercising your privacy rights.
Right to Opt-Out of Sale or Sharing (California-Specific): Where applicable, opt out of the sale or sharing of your personal information.
You may have additional rights related to your personal information under the laws of your jurisdiction.

Note: We do not perform automated decision-making (as per EU and UK GDPR, Articles 22(1) and (4)).

Certain information may be exempt from such requests under applicable law. Depending on your request, we may need to obtain additional information to verify your identity in our records. We may take reasonable steps to do so before responding, as applicable to the type of request you are making. We may use third parties to assist with identity verification. If you request a Report, we may also request a signed declaration, under penalty of perjury, confirming you are the individual identified in the Report. Authorized agents with documentation evidencing legal authority to act on your behalf as a California resident candidate may submit requests, but we reserve the right to verify your identity directly. We will not discriminate against you for exercising your personal information rights.

To unsubscribe from marketing emails, simply click the “unsubscribe” link included at the bottom of any marketing email you receive from us. You may submit a data subject rights request by emailing us at privacy@machinify.com or by mailing your request to Attn: Chief Privacy Officer, Machinify, 8333 Douglas Ave., Suite 600, Dallas, TX 75225. Upon receipt of your request, we will acknowledge it and may verify your identity. We will respond within thirty calendar days of receiving your request. If we require more time (up to ninety days as permitted by privacy laws), we will notify you of the extension. We reserve the right not to respond to any request that is not legally required of us. Machinify uses sensitive personal information as permitted by exceptions to the right to limit under applicable law. We will not discriminate against you for exercising your privacy rights.

7. Security.

We use reasonable technical and organizational measures to protect your personal information. The security of information transmitted through the internet can never be guaranteed.

8. Supplemental Information for the EEA, Switzerland, and the United Kingdom.

We do not currently hire employees in the European Economic Area (EEA), Switzerland, or the United Kingdom. However, we may engage contractors located in these regions.

We may transfer your personal information to other Machinify subsidiaries and service providers outside of your country of residence. Other jurisdictions may have data protection laws that are different from, and in some cases, less protective than, the laws where you reside. Where required by law, we implement appropriate safeguards such as Standard Contractual Clauses (SCCs), the U.K. International Data Transfer Agreement, or other mechanisms recognized by applicable law. Machinify, Inc., a United States company, is the controller of the personal data collected under this Notice.

9. Cookies and Tracking Technologies.

We may use cookies and similar tracking technologies on our website to collect information about your interactions with our Site. For more information, please see our Cookie Notice.

10. Contact Information.

If you have any questions, complaints, or requests relating to this Notice or Machinify’s information handling practices, or wish to exercise your personal information rights, you may email us at privacy@machinify.com or contact us in writing at: Attn: Chief Privacy Officer, Machinify, 8333 Douglas Ave., Suite 600, Dallas, TX 75225.

11. Changes to this Notice.

Machinify may update this Notice from time to time to reflect changes in legal requirements, operational practices, or due to other factors. When required by applicable law, we will notify you of such changes to this Notice by posting a notice on this page before any changes take effect or in another appropriate manner. You can see when this Notice was last updated by checking the “Last Updated” date displayed at the top of this Notice.