Scope & Commitment
This policy describes how Lumerical Inc. and its subsidiaries (“Lumerical”, “we”, “us” or “our”) collect and process personal data when you apply for a job and are being considered for employment.
Lumerical is committed to protecting personal data and is accountable for its collection, use and disclosure in accordance with this policy and applicable privacy legislation.
Nothing in this policy should be interpreted as purporting to confer employment or worker status on you and, should you be offered employment with Lumerical, this policy does not form part of your contract of employment or engagement.
Information We Collect
Lumerical collects the following types of personal data regarding job applicants:
- Name, address, email address, telephone number, and other contact information;
- Resume or CV, cover letter, previous experience, education history, transcripts, languages and other relevant skills, licenses and/or certifications (including expiry dates);
- Type of employment sought, desired compensation, willingness to relocate, and other job preferences;
- Information from interviews including interview notes;
- Information from references that you provide, background checks, application testing, and third-parties; and
- Sensitive and/or demographic information may be obtained to facilitate things such as travel arrangements for interviews, any appropriate adjustments to the recruitment process and understanding your ability to legally work in a country. Information collected for these purposes may include details about any disability you choose to disclose to us, gender, citizenship and/or nationality, country of residence, visa, passport details and immigration status, medical or health information. (see “Sensitive Information” below); and
- Other information that you choose to provide or may legitimately be requested of you.
If you provide Lumerical with any information concerning any other person, such as individuals that you provide as references, you are responsible for providing any notices, a copy of this policy and obtaining any consent necessary for Lumerical to collect and use that information as described in this policy.
Except as stated above, Lumerical does not request or require sensitive information concerning race, color, religion, sex, national origin, ancestry, age, veteran status, disability, sexual orientation, gender identity, genetic information, marital status, medical condition, pregnancy, handicap, political affiliation, or other protected status. To the extent that you choose to provide such information, you expressly authorize Lumerical to handle such information in accordance with this policy. If you have a disability and would like us to consider an accommodation, you may provide that information.
How We Collect Information
Lumerical collects personal data directly from you when you apply for a job, provide information at recruiting events, during the hiring process, and from other sources such as the persons you indicate as references, persons who referred you for a position, and from third-party recruiters.
How We Use Your Information
We use personal data for the following purposes:
- To communicate with you and respond to your requests or job application;
- To evaluate and consider you for employment;
- To check that you are legally entitled to work in the location of the job;
- To determine the terms on which you will work for us if an offer of employment is made;
- To analyze, develop and improve our recruiting activities; and
- To comply with applicable laws and regulations.
In addition, we may retain and use your personal data to consider you for other jobs at Lumerical. If you do not want to be considered for other jobs at Lumerical, you may contact us at firstname.lastname@example.org.
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. We will only process your personal data where legally permitted or where you have provided consent. Sometimes more than one legal basis applies to the processing of the same piece of personal data, depending on the processing activity taking place. We will process your personal data usually on the legal basis of legitimate interest of Lumerical, however where appropriate the grounds of legitimate interest of third parties and or compliance with a legal obligation may be relied upon.
How We Share Your Information
Lumerical does not sell or rent your personal data, and we will not disclose it, except in the limited manner and for the limited purposes described below.
Sharing Within Lumerical
As a global company headquartered in Canada, Lumerical may collect, process and transfer your personal data within Lumerical to and in Canada and to Lumerical offices in other countries and territories around the world where necessary. Like many companies, this allows us to centralize certain aspects of our data processing and people administration in Canada. Certain Lumerical staff will have access to some of your personal data if access to such information is necessary for the purposes described in this Policy. For example, staff involved with interviews will have access to the information they need to assess your skills, qualifications and interests against the job. Staff access will be restricted, and your information will be secured and protected.
There is an adequacy decision by the European Commission in respect of Canada. This means that Canada is deemed to provide an adequate level of protection for personal data. Where your data is transferred to any country for which there is not an adequacy decision, we have put in place appropriate measures to ensure that your personal data is treated in those countries in a way that is consistent with and which respects the EU and UK laws on data protection.
Sharing with Third Parties
In addition, Lumerical discloses personal data to third-parties in Canada and other countries and territories where Lumerical does business. We disclose your information only as necessary to perform the services described above and to verify the information you provide to Lumerical (e.g., by contacting job references that you provide, or verifying your educational degrees). Such third-parties include service providers acting on Lumerical’s behalf to perform some of the services described above, including recruiting software and related services, professional advisors and public, governmental and regulatory authorities as required. A list of the third-party service providers with whom we share your personal data is available to you upon request. You may submit requests to review the list of such third-parties in writing to email@example.com. Some of the recipients described above may be located in countries that do not offer the same level of data protection as the country where you reside, which may include countries outside of the European Economic Area (“EEA”), where the level of data protection is not recognized by the European Commission as being commensurate with the EU General Data Protection Regulation (“GDPR”). Where this is the case, we have put in place appropriate measures to ensure that your personal data is treated in those countries in a way that is consistent with and which respects the EU and UK laws on data protection.
In all instances, Lumerical will only disclose your personal data in accordance with this Policy and applicable law, and we will endeavor to ensure that recipients process and use your personal data only on our behalf and in accordance with our instructions.
We will only disclose your personal data where we have obtained your consent, or where the transfer is necessary for the preparation or performance of your employment contract or other contracts concluded in your interest (if you are hired by Lumerical), or where doing so is necessary for the establishment, exercise or defense of legal claims, or where doing so is otherwise permitted by applicable law. Where required by applicable law, we use a contract when we share personal data with other third-parties requiring the recipient to protect your personal data in compliance with law. If you have questions about the safeguards that we use to protect your data or would like to request a copy, you can contact us at firstname.lastname@example.org.
How We Store Your Information
Your personal data is stored either at our premises in Canada, or at the premises of our service providers which may not be located in Canada.
Lumerical protects your personal data in our custody and control from loss, misuse, unauthorized access and alteration. We have appropriate technical and organizational measures to ensure a level of security appropriate to the risk of varying likelihood and severity for the rights and freedoms of you. We maintain these technical and organizational measures and may amend them from time to time to improve the overall security of our systems. To the extent Lumerical has arrangements with service providers to store or process personal data on our behalf, our policy is to require them by contractual or other means to provide comparable protection as set forth in this policy while the information is stored or processed by them.
Lumerical only retains your personal data as long as it is required for the reasons it was collected or to comply with legal requirements or for the exercise or defence of legal claims following the application process. If you accept employment with Lumerical, any relevant information collected during your pre-employment period will be retained in accordance with Lumerical’s employment policies. If we do not employ you, we will continue to retain your personal data for system administration purposes, to consider you for other possible career opportunities at Lumerical, for compliance with applicable laws and regulations and to defend against legal claims, as necessary. During the hiring process, European Union (“EU”) data subjects will have an opportunity to consent to a period of two (2) years for such continued retention, which consent may be withdrawn at any time by contacting us at email@example.com. If an individual chooses not to provide or withdraws such consent, we continue to retain his or her personal data for twelve (12) months following completion of the most recent job application process that did not result in employment (unless a shorter period is required by law). For applicants outside of the EU, applicable laws and regulations may allow or require us to hold information for a longer period.
At the end of the applicable retention period, or upon your request in certain circumstances, we will delete your personal data, except for information necessary to comply with applicable laws or regulations or to defend against potential legal claims as required or allowed by applicable law, and provided further that we continue to retain information on an aggregated and anonymized basis to improve and inform our recruitment and hiring processes and our ability to attract successful candidates.
Please note that Lumerical may delete data at any time; therefore, you should retain your own copy of any information you submit to us.
How You Can Manage Your Information
For information about you collected in the EU/EEA or as otherwise required by law, you may request to exercise some or all the following choices regarding how we process your personal data.
Accessing Your Personal data
If you ask to see the personal data that we hold about you, we will provide the information in a structured, commonly used format. Please note that we may first request specific information from you in order to confirm your identity, as well as to search for and provide you with the personal data we hold about you.
Your right to access the personal data that we hold about you is not absolute. There are instances where applicable law or regulations allow or require us to refuse to provide some or all of the personal data that we hold about you. In addition, certain personal data may have been destroyed, erased or made anonymous.
If we cannot provide you with access to your personal data, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.
Correcting Your Personal data
We endeavor to ensure that personal data in our possession is accurate, current and complete. If you believe that the personal data we have about you is incorrect, incomplete or outdated, you can contact us to correct certain information by contacting us at firstname.lastname@example.org. If it is determined that personal data is inaccurate, incomplete or outdated, we will use reasonable efforts to revise it and, if necessary, use reasonable efforts to inform agents, service providers or other third-parties to whom we may have provided inaccurate information so records in their possession may be corrected or updated to the extent possible.
Deleting Your Personal data; Objections; Restriction Requests
You may request that we delete the personal data that we hold about you, and, in certain instances, you may object to or request that we restrict our use of such information. There are instances where applicable law or regulations allow or require us to refuse such requests. If we cannot delete your personal data or restrict our use of it, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
Please send requests to access, correct or delete your personal data, and all other requests regarding your personal data, to email@example.com as set forth in Who to Contact About This Policy below. Please note that any request by you to delete your personal data will not result in deletion of any information submitted by you directly to a third-party provider. If you require the third-party to delete any of your personal data, you must contact the third-party directly to request deletion.
Lumerical does not make recruiting or hiring decisions based on automated decision-making within the meaning of the GDPR. If Lumerical does rely on automated decision-making that could have a significant impact on you, Lumerical will notify you of this and provide you an opportunity for you to request human intervention and to express your views and will provide any other safeguards required by law.
How Your Information Is Protected
We are committed to protecting the security of your personal data, and we take reasonable physical, electronic and administrative measures to safeguard your personal data from unauthorized or inappropriate access or use. Only authorized personnel of Lumerical and of our third-party service providers are provided access to personal data, and such personnel and third-party service providers are required to treat this information as confidential.
You are responsible for the personal data that you provide or make available to Lumerical, and you must ensure it is relevant, truthful, accurate and not misleading in any way. You must ensure that the information provided does not contain material that is obscene, defamatory, or infringing on any rights of any third party; does not contain malicious code; and is not otherwise legally actionable. Further, if you provide any personal data concerning any other person, such as individuals you provide as references, you are responsible for providing any notices and obtaining any consents necessary.
Interpretation of This Policy
This Policy includes examples but is not intended to be restricted in its application to such examples. Therefore, where the word “including” is used, it shall mean “including without limitation.”
This Policy does not create or confer upon any individual any rights or impose upon Lumerical any rights or obligations outside of, or in addition to, any rights or obligations imposed by the privacy laws applicable to such individual’s personal data. Should there be, in a specific case, any inconsistency between this Policy and such privacy laws, this Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such laws.
Who to Contact About This Policy
If you have any questions about this Policy or concerns about how we manage your personal data, please contact us at firstname.lastname@example.org.
Please also contact us at that email address if you would like to withdraw any consent that you have given to us; request access to the personal data that we hold about you; request that we correct or delete such personal data; or object to, or request that we restrict, our use of such personal data. We will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you.
Changes to This Policy
Lumerical reserves the right to change this policy at any time and will take reasonable steps to advise affected individuals of any changes, including by posting or otherwise giving you notice of the amended policy. You should review this policy regularly to ensure that you are aware of any changes made.
The Policy was last updated on December 21, 2018.