PLATFORM PRIVACY POLICY

ALEXANDER MANN SOLUTIONS CORPORATION (“AMS”, “WE” or “OUR”) HAS DEVELOPED AND DEPLOYS A CLOUD PLATFORM (“PLATFORM”) WHICH ENABLES AN ARTIFICIAL INTELLIGENCE POWERED CANDIDATE ATTRACTION SERVICE (INCLUDING AUTOMATED CHATBOT AND MESSAGING PLATFORM).  THE PLATFORM IS ACCESSIBLE TO OUR CUSTOMERS (“CUSTOMER”, “YOU” or “YOUR”) WHO ARE SEARCHING FOR CANDIDATES. 

THIS PRIVACY POLICY (“PRIVACY POLICY”) IS SUPPLEMENTAL TO THE GENERAL TERMS, WHICH GOVERN THE CUSTOMER’S USE OF THE PLATFORM.  THE GENERAL TERMS ARE HERE

CANDIDATES CAN READ OUR CANDIDATE SPECIFIC PRIVACY POLICY, WHICH IS FOUND HERE, AND WHICH INFORMS CANDIDATES ABOUT HOW WE PROCESS THEIR PERSONAL DATA.

CUSTOMERS SHOULD READ THIS DATA PRIVACY POLICY CAREFULLY. BY USING OUR PLATFORM, YOU ARE ACCEPTING AND AGREEING TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS IN THIS PRIVACY POLICY.

EFFECTIVE DATE: MAY 1st, 2020

1. Introduction

  1. Hourly is an automated candidate attraction platform that uses an artificial intelligence powered chatbot to help You make your recruiting process simpler whilst at the same time providing an intuitive and user-friendly recruiting experience for the Candidates.
    1. We take the protection of Personal Data relating to You, your employees and the Candidates extremely seriously.  The purpose of this Privacy Policy is to set out how we collect, use and share Personal Data and the protections which we put in place.  It also sets out how we expect our Customers to deal with Personal Data, including specifically the Personal Data of the Candidates.
    1. NOTICE TO CANDIDATES:  OUR CANDIDATE SPECIFIC PRIVACY POLICY IS FOUND HERE. CANDIDATES SHOULD CAREFULLY READ THIS CANDIDATE PRIVACY POLICY.  IF YOU ARE A POTENTIAL CANDIDATE, JOB APPLICANT, OR EMPLOYEE AND YOU SUBMIT YOUR PERSONAL DATA USING THE PLATFORM, THE CUSTOMER WILL HAVE ACCESS TO THIS PERSONAL DATA.  TO THE EXTENT THAT WE USE THIS PERSONAL DATA FOR OUR OWN PURPOSES, WE ACT AS A CONTROLLER IN RELATION TO SUCH PERSONAL DATA.  HOWEVER, IN MOST INSTANCES WE ACT AS PROCESSORS IN THE TRANSMISSION OF THIS PERSONAL DATA FROM YOU TO THE CUSTOMER.  THE CUSTOMER ACTS AS A CONTROLLER IN RELATION TO THIS PERSONAL DATA AND THEIR USE OF YOUR PERSONAL DATA IS GOVERNED BY THEIR OWN PRIVACY POLICIES.  YOU SHOULD ASK THE CUSTOMER TO PROVIDE YOU WITH A COPY OF THEIR PRIVACY POLICY.  WITH RESPECT TO THE COLLECTION AND SHARING OF CANDIDATE PERSONAL DATA WITH THE CUSTOMER, WE WILL ACT IN ACCORDANCE WITH THE TERMS SETS OUT IN THIS PLATFORM PRIVACY POLICY, WHICH GOVERNS HOW WE DEAL WITH YOUR PERSONAL DATA AND HOW WE EXPECT OUR CUSTOMERS TO DEAL WITH PERSONAL DATA.  IN NO WAY IS AMS RESPONSIBLE OR LIABLE FOR THE DATA PRIVACY PRACTICES, METHODS, TECHNICAL OR ORGANISATIONAL STRUCTURES OR POLICIES OF OUR CUSTOMERS.

2.Definitions and interpretation

  • Unless otherwise defined, any definitions used in this Privacy Policy are the same as set out in the General Terms. The following terms have the following meanings:
Communicationmeans a complaint, enquiry, notice, request or other communication (other than a Candidate Request) relating to either party’s obligations under Data Protection Laws relevant to this Privacy Policy and/or the Processing of any of the Personal Data, including any compensation claim from a Candidate or any notice, investigation or other action from any means any regulator, authority or body responsible for administering Data Protection Laws relating to any of the foregoing;
Controllermeans the natural or legal person who determines the purpose and manner in which Personal Data is to be Processed;
Data Protection Lawsmeans, as applicable to either party:
(a) any applicable law relating to the Processing, privacy and/or use of Personal Data, as applicable to either party;
(b) any laws which implement any such laws; and
(c) any laws that replace, extend, re-enact, consolidate or amend any of the foregoing;
Candidatehas the meaning given in the General Terms;
Candidate Requestmeans a request made by a Candidate to exercise any right(s) of Candidates under Data Protection Laws in relation to any of the Personal Data or concerning the Processing of such data;
Disclosing Partymeans each party to the extent it (or any person acting on its behalf) discloses or otherwise makes accessible any Personal Data to the other party (or any person acting on the other party’s behalf);
Personal Datameans any information relating to an identified or identifiable individual, including but not limited to names, addresses, contact information, date of birth, identification numbers;
Processinghas the meaning given in applicable Data Protection Laws from time to time (and related expressions, including Process, Processed and Processes shall be construed accordingly);
Processorhas the natural or legal person who processes Personal Data on behalf of the Controller;
Receiving Partymeans each party to the extent it (or any person acting on its behalf) receives or accesses any Personal Data disclosed or made available by the other party (or any person acting on the other party’s behalf);

3. Types of data collected

  • Personal Data Collection & Types
    • This Privacy Policy applies to Personal Data which is controlled, shared and/or processed by AMS and our Customers, and may include Personal Data pertaining to Us, You or to Candidates.  There are various ways in which You and AMS collect Personal Data:
      • You collect Personal Data from Us and from Candidates, including from your use of the Platform or directly from your interactions and communications with the Candidates.
      • We collect Personal Data from You and from Candidates.  This is done online or in person; via the Platform; via communications we receive from You (including telephone and/or email); from your use of our Platform; or from Authorized Users; or from our interactions and communications with the Candidates.    
    • The types of Personal Data which AMS and You may collect from Candidates includes (but is not limited to) name, address, contact information, job search information and job application information. Full details of the types of Personal Data which we obtain from Candidates (via the Platform) and how this Personal Data is processed, is outlined in the Candidate Privacy Policy, which can be found here
    • AMS and You may also disclose to each other Personal Information which includes, but is not limited to, Personal Data about our respective staff, employees and agents (including company information, names, work address, work contact information, work email address) and Personal Data about Candidates which is not disclosed by the Candidate via the Platform.
    • Non-personal Information/Platform Usage
      • By using the Platform, You may provide Us with non-personal information, which is any information which is not Personal Data. This non-personal information may include information about how the Platform is used by You and the Candidates; cookies, types of device used to interact with the Platform; technical data and internet service provider data.  Non-personal information is not covered by this Privacy Policy and may be used by us at our discretion.
    • Cookies & Tracking Data
      • We use cookies on our websites. These cookies are files and tools which enable us to collect, retain and use small amount of information about how You and the Candidates may use the Platform.  The purpose of these cookies is to provide us with analytical information and to enhance Your and the Candidates experience when using our websites.  We don’t use cookies as a means of tracking or monitoring You or the Candidates.  You can choose to accept or reject cookies.  If you choose not to accept the cookies which we use, you may not be able to access certain parts of our websites or the Platform.

4. Compliance with laws

  • We both agree to comply with all Data Protection Laws which govern and regulate the use of Personal Data.
    • This Privacy Policy allocates rights and responsibilities between AMS and You and sets out legally enforceable contractual obligations between us. Nothing in this Privacy Policy is intended to limit or exclude either of our responsibilities or liabilities under Data Protection Laws.

5. Our Use of Personal Data

  • By using the Platform, we will have access to, receive and process Your Process Personal Data, and Personal Data which is provided by Candidates who interact with the Platform.  We may, at our discretion and in compliance with Data Protection Laws, use the Personal Data for the following purposes:
    • To liaise with, and communicate with Your hiring managers on behalf of a Candidate for a job;
    • To provide, monitor and improve the Services which we provide to You and to the Candidates;
    • To provide you with support services and respond to queries which are submitted to us via our messaging or ticketing service;
    • To improve our customer service experience;
    • To send information to Candidates which they have agreed to accept;
    • To communicate periodically with You and/or Candidates;
    • To process payments made to us;
    • To monitor and rectify technical faults with the Platform;
    • To monitor how the Platform is used.
    • Our use of Candidate Personal Data is in accordance with this Privacy Policy and, as appropriate, the Candidate Privacy Policy (which can be found here).
    • Subject to anything in the Order, we may, at our discretion, aggregate and anonymize Your Personal Data and Candidate Personal Data at our discretion and/or use the same to improve Our systems and processes and/or disclose the same where this disclosure does not identify the Customer.

6. Your Use of Personal Data

  • You are solely responsible for how you use Our Personal Data and the Personal Data of Candidates, whether submitted by them directly to you or by Us via the Platform.  You act as a Controller of such Personal Data.  You agree to indemnify us against all claims, costs, damages, awards and liabilities however arising as a result of your actions or omissions, whether in respect of Your failures to Process, store, secure, keep confidential and/or manage the Personal Data in compliance with the Data Protection Laws or arising from your breach of this Privacy Policy.

7. Sharing Personal Data

  • AMS and the Customer may need to exchange and share Personal Data with each other in order for Us to provide our Services to You and to enable you to benefit from and use the Platform.  We both agree that this Privacy Policy relates to ad-hoc data sharing of Personal Data (including via the Platform), and solely for the purposes identified in clauses 5 and 6 of this Privacy Policy or pursuant to the Candidate Privacy Policy.

8. General obligations

  • Our obligations in connection with the California Consumer Privacy Act (CCPA) of 2018 with respect of Candidates, together with our statement of processing under the CCPA in relation to the Candidates, is found within our Candidate Privacy Policy, which can be read here.
    • We will Process Your Personal Data in accordance with this Privacy Policy and Data Protection Laws.
    • 8.3.        Where one of us is a Disclosing Party, we agree that the Disclosing Party:
      • is, as between the parties, the primary point of contact for Candidates;
      • 8.3.2.      shall ensure that the Personal Data has been collected, Processed and transferred in accordance with the Data Protection Laws as applicable to that data;
      • shall ensure the Personal Data is accurate and up-to-date when disclosed or made accessible to the relevant Receiving Party;
      • 8.3.4.      shall promptly notify the Receiving Party if a relevant Candidate has requested that their Personal Data is no longer Processed by either party;
      • 8.3.5.      shall make available to Candidates the essence of this Privacy Policy (and notify them of any changes to it) concerning the allocation of responsibilities between the parties and its role as the primary point of contact.
    • Notwithstanding the terms of this Privacy Policy, the parties acknowledge that a Candidate has the right to exercise their legal rights under the Data Protection Laws against any relevant party as Controller.
    • Each party shall use its reasonable endeavours to assist the other to comply with any obligations under applicable Data Protection Laws and shall not perform its obligations under this Privacy Policy in such a way as to cause the other party to breach any of the other party’s obligations under applicable Data Protection Laws to the extent it is aware, or ought reasonably to have been aware, that the same would be a breach of such obligations.
    • Without prejudice to any other obligation, if either party becomes aware any of the Personal Data is inaccurate or out of date, it shall promptly notify the other.

9. Disclosure of Personal Data

  • Without prejudice to any other right of disclosure set out in this Privacy Policy, either of us may disclose Personal Data for the following purposes:
    • If required to do so by law enforcement or in response to a governmental or regulatory body responsible for the enforcement of Data Protections Laws;
    • If necessary to comply with a legal obligation, whether under the Data Protection Laws or otherwise;
    • To prevent our customers or the public from harm or illegal activities.

10. California Statement

  1. As a global company, Alexander Mann Solutions Corporation may serve certain natural persons residing in the State of California. This California Statement explains the rights that Your staff or employees may have under the California Consumer Privacy Act of 2018 (“CCPA”).
    1. When we use the term “personal information” in this California Statement, we are using that term as CCPA defines it, which CCPA generally defines “personal information” to mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. However, personal information does not include publicly available, deidentified, or aggregate personal information (which are all defined in CCPA).
    1. We act as a “business” under CCPA, meaning we determine the manner and reasons for why we process your personal information.  This privacy policy identifies the types of information we obtain from you, how we obtain the personal information, the purpose for why we collect the information, who we share the information with and whether we sell the information.
    1. Data privacy is important to us and we will deal with your personal information in accordance with the requirements of CCPA.  You may exercise the rights set out at clause 24.  Please refer to the previous sections of this Privacy Policy for details about how we collect data, for what purposes, from where and how we share that personal information.
    1. Please refer to clause 11 below under the heading “Protection Of Personal Data”, where we have set out important information about how we secure your personal data.
    1. California residents also have certain rights regarding the sale of personal information. Alexander Mann Solutions Corporation does not sell personal information. 
    1. You will not be discriminated against because you have exercised any of your privacy rights under the CCPA.
    1. To make a request to amend or complain about how your personal information is used, email: Hourly.Privacy@alexmann.com.
    1. To request deletion of your personal information, email: Hourly.Privacy@alexmann.com.

11. Protection of Personal Data

  1. The security and privacy of Personal Data is vitally important to Us and we have taken steps to implement appropriate security, technical and organisation measures to secure and protect the Personal Data.  Nonetheless, You acknowledge that transmission of Personal Data across the internet is inherently risky and may result in loss or corruption of such data.  Whilst We have implemented security, technical and organisation measures to secure the integrity of the Personal Data (including the deployment of encryption technologies and the transfer of data of secure communication channels using digital signatures), We do not warrant that the Personal Data which We control is 100% secure.  Our maximum liability for all claims or losses, including relating to data breach, is as set out in the General Terms.
    1. 11.2.     As a data Controller, You undertake to put in place and maintain appropriate security, technical and organisational measures to secure and protect the Personal Data, including protection from unauthorised use or disclosure, unlawful destruction, loss, alteration or access.  You agree to indemnify us against any claims or losses which arise in connection with, or as a consequence of, your failure to comply with this clause 11.2.

12. Third party service providers

  1. AMS may use third parties to assist it in providing the Services and the Platform.  These third party providers may have access to Personal Data in order for them to provide their services. 
    1. 12.2.     You will not use any third party to Process Personal Data which we provide to You without our prior written consent.  In Your processing of Personal Data, you will carry out adequate due diligence on such third party Processor to ensure that it is capable of providing the level of protection for the Personal Data as is required by this Privacy Policy and Data Protection Laws.  You will ensure that suitable written agreements are at all times in place with each sub-Processor in substantively the same terms as this Privacy Policy.  You are fully responsible for the acts and omissions of any third party who Processes Personal Data for You or on Your behalf and You agree to indemnify us against any claims or losses which might arise from your failure to abide by this clause 12.

13. International transfers

  1. Personal Data is stored on, and may be transferred to, computer servers which are located in the United States.  This may mean that Personal Data is stored outside of your state, province, country or other governmental jurisdiction.  All Personal Data is processed by us in the United States, although such Personal Data may be accessible by AMS staff who are not located in the United States.
    1. If You or any Candidates are located outside the United States, we will transfer and process the Personal Data in the United States.  By using the Platform you are deemed to consent to this transfer and processing within the United States.
    1. We both agree that no transfer of Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of data and other personal information.

14. Dealing with Candidate Requests and Communications

  1. Responsibility for complying with any Candidate Requests or Communication falls on the party which first received such Candidate Request or Communication.
    1. If either party receives a Communication relating to the Personal Data Processed by (or on behalf of) the other party it shall promptly notify the other party (and in any event within two Business Days of receipt) consult with the other party in advance of giving any response, to the extent lawful and reasonably practicable.
    1. Each party shall use reasonable endeavours to provide the other party with full and prompt cooperation and assistance in relation to any Candidate Request or Communication made to enable the other party to find an efficient, timely and amicable solution to any issues arising out of any Candidate Request or Communication.

15. Personal Data Breaches

  1. Each party shall promptly (and in any event within 24 hours) notify the other party if it suspects or becomes aware of any actual or threatened unlawful or accidental destruction, loss, alteration, unauthorised disclosure or access to Personal Data.  We both agree to use reasonable endeavours to cooperate with each other in relation to any Personal Data Breach.

16. Records

  1. Each party shall maintain complete, accurate and up to date written records of all of its Processing of the Personal Data and as necessary to demonstrate its compliance with this Privacy Policy and all Data Protection Laws.

17. Audit

  1. You will make available to Us such information as is reasonably required to demonstrate Your compliance with the obligations under this Privacy Policy and provide (or procure) access to all relevant systems, personnel, business premises and records for the purposes of each such audit or inspection.

18. Retention of Personal Data

  1. We will only retain the Personal Data for such period as is necessary for us to provide Our services to You, or for the purposes set out in this Privacy Policy or to comply with our legal obligations. Thereafter, we will (at out discretion) aggregate and anonymise the Personal Data and/or delete the Personal Data.
    1. Any usage data or data which is not Personal Data will be retained by Us for such period and for such purposes as we consider appropriate.

19. Minors

  1. We do not make the Platform or any Services available to children under the age of 14 and We do not knowingly collect any Personal Data relating to minors under the age of 14.  If we become aware that we hold Personal Data relating to anyone under the age of 14 we will immediately delete all such Personal Data.  We do not allow You or any other company or individual to upload to the Platform any Personal Data relating to any minors under the age of 14. Failure to abide by this policy will result in us immediately terminating Your rights to access and use the Platform.

20. Acceptance of terms & conditions

  • By using the Platform or receiving any services from Us, you agree to accept the General Terms and the terms of this Privacy Policy.  If you do not agree with the terms of this Privacy Policy, do not use the Platform.

21. Changes

  • We may, at our discretion, change or vary the terms of this Privacy Policy.  Your continued use of the Platform, or receipt of the services from us, will be deemed acceptance of those changes and variations.

22. Breach

  • If you breach the terms of this Privacy Policy we reserve the right, absolutely at our discretion, and without liability, to terminate the Agreement between us and prevent you from accessing the Platform.

23.  Jurisdiction

  • This Privacy Policy is governed by and construed in accordance with the laws of the State of Delaware in the United States of America. Each of us agree to submit to the exclusive jurisdiction of the United States Federal Courts in the State of Delaware, or in the state courts of the State of Delaware.

24. Managing Personal Data

  • If you are an individual and would like to review the Personal Data which we hold about You or if you no longer want us to use your Personal Data, you can contact us about this, or anything related to this Privacy Policy, by emailing us at: Hourly.Privacy@alexmann.com
    • If you do not want to receive promotional or marketing emails from us, you may opt out of these by following the unsubscribe link within the body of the email itself.  It may take up to two weeks for your unsubscribe request to be processed and actioned.  Opting out of promotional and marketing emails does not opt you out from receiving service related communications.