OPSWAT Candidate Privacy Notice

Last update: October 2, 2023
Version: 2.1

Summary
Contact Us
How We Collect and Use Your Personal Data
Legal Basis for Collecting and Using Your Personal Data
Disclosures
International Transfers
Security
Data Retention
Your Rights
For California Residents
Children’s Privacy
Links to Third-Party Sites

Summary

We take data protection very seriously, and we are fully committed to protecting your privacy. This OPSWAT Candidate Privacy Notice (“Privacy Notice”) explains how OPSWAT Inc. and its subsidiaries worldwide (collectively, “OPSWAT”, “we”, “us” and “our”) handle your personal data when you apply for a job or internship with us (including how we disclose and transfer your personal data) and your rights with respect to your personal data.

IMPORTANT

“Personal data” means any data relating to an identified or identifiable natural person, including but not limited to:

First and last name
Email address, postal and IP addresses
Telephone numbers
National identification/social security and national insurance numbers
Job titles, occupation, and responsibilities
Any contact information

Although you do not have to provide any of your personal data to us, if we ask you to do so and you refuse, we may be unable to process and evaluate your application with OPSWAT.

Our Privacy Notice may be updated from time to time. We will notify you of any material changes by posting the new Privacy Notice and revising the “Last Update” date at the top of the Privacy Notice.

This Privacy Notice does not apply to your use of OPSWAT products and/or services, which are covered under our OPSWAT Privacy Policy available at https://www.opswat.com/legal/privacy-policy.

Contact Us

If you have any questions or concerns about this Privacy Notice, please contact us by email at legal@opswat.com or by mail to:

OPSWAT Inc.
Attn: General Counsel
5411 Skycenter Dr
Ste 900
Tampa, FL 33607 USA

How We Collect and Use Your Personal Data

Subject to applicable law, if you apply for a job or internship with OPSWAT, we may collect and use your personal data as follows:

Personal Data We May Collect About You

Identification and contact information, including your name, email address, phone number, location, and any other information you provide (such as referrals and references).
National identifiers and work eligibility information, such as your national identification number (e.g., a Social Security Number), citizenship status, residency, and work permit status.
Employment and education history, such as your resume or CV, cover letter, details of how you heard about the position you are applying for, information about any previous employment at OPSWAT or affiliates of OPSWAT, or other information you provide to us in support of an application and/or the application and recruitment process.
Professional or employment information, including your desired salary or terms related to benefits, willingness to relocate, other job preferences, interview details, reference information and/or information received from background checks (where applicable), and information from publicly available resources (such as your LinkedIn profile or website).
Sensitive or demographic information (but only to the extent that you choose to provide it voluntarily), such as your gender, medical or health information, veteran status, or your racial or ethnic origin.
Background-related information (to the extent permitted under applicable law), including the results of credit and criminal background checks and the results of drug and alcohol testing.
Information captured on physical security systems, including Closed Circuit Television (“CCTV”).
Other information you voluntarily submit to us in connection with your application for employment, including information provided via webform, during an interview, or as part of other forms of assessment. To the extent permitted under applicable law, we may also record your interview and use third-party tools to transcribe and summarize your responses.

Personal Data We May Collect From Other Sources

Subject to applicable law, we may collect personal data about you from others, including:

Employment screening agencies, including background check providers;
Recruiting and executive search agencies;
Your former employers;
Educational institutions you attended;
Public forums, including social media profiles you make publicly available about yourself (e.g., LinkedIn);
Individuals who refer you to us as a possible candidate; and
Individuals you provide as references to us.

How We Use Your Personal Data

To assess your skills, qualifications and interests for employment opportunities with OPSWAT;
To track your application in our third-party applicant tracking system;
To verify the information provided by you or others, including checking your references;
To communicate with you about your application and the recruitment process, including informing you of other potential employment opportunities at OPSWAT;
If you were referred, to inform the referrer of the status of your application;
If you are offered a position, to prepare your offer letter and conduct a background check (to the extent permitted by applicable law);
If you are offered a position and if applicable, to assist you with obtaining an immigration visa or work permit;
To comply with local laws, regulations, legal processes or enforceable government requests;
To prepare and submit reports as required under local laws and regulations;
To manage and improve our application and recruitment process (such as making the application process more efficient and improving our diversity practices);
To protect the safety and security of our workforce, guests, property, and assets;
In connection with, or during negotiations of, any merger, sale of company assets, financing, acquisition, dissolution, corporate reorganization or similar event;
To verify your identity (if you submit a data subject request);
To back up and/or archive for disaster recovery, business continuity, and record keeping purposes; and
To manage and improve our application and recruitment process (such as making the application process more efficient and improving our diversity practices).

Reference Information

It is your responsibility to obtain consent from referees and any other third parties before providing their personal data to OPSWAT.

Legal Basis for Collecting and Using Your Personal Data

Our legal basis for collecting and using your personal data will depend on the personal data we collect and the context in which we collect such data. However, we normally collect your personal data primarily to fulfill our legitimate interests of determining your qualifications for employment, to the extent not overridden by your data protection interests or fundamental rights and freedoms. Sometimes, we may ask for your consent to use your personal data for specific purposes. In some cases, we may also have a legal obligation to collect personal data from you or may otherwise need the personal data to protect your vital interests or those of another person.

Disclosures

OPSWAT may disclose your personal data to third parties under the following circumstances:

Our Affiliates: We may disclose your personal data to our other affiliated companies to provide services and support and for the purposes otherwise described in this Privacy Notice.
Third-party service providers: We may disclose your personal data to third-party service providers to enable them to provide products or services to us or on our behalf (e.g., our third-party applicant tracking system provider and employment screening agencies, including background check providers). We have contracts with our service providers that address the safeguarding and proper use of your personal data.
Recruitment agencies: We may share your personal data with recruitment agencies with whom you provided your personal data.
Legal compliance: We may disclose your personal data to comply with our legal obligations, respond to a court order, adhere to administrative or judicial process (such as a subpoena, government audit, or search warrant), or respond to lawful requests by public authorities (such as national security or law enforcement).
Litigation purposes: When necessary, we may disclose your information as necessary to exercise, establish or defend our legal rights.
Business transfers: We may disclose or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, acquisition, dissolution, corporate reorganization or similar event. We will inform any buyer that your information shall only be used in accordance with this privacy policy.
Vital interests: We will disclose personal data if required in urgent circumstances to protect the personal safety of individuals or the general public.
With your consent: We may disclose your personal data for any other purpose with your consent.

International Transfers

OPSWAT’s global organizational structure requires the global transfer of personal data to OPSWAT’s affiliates. Consequently, the personal data you provide to us will be transferred across state or country borders, including to countries outside the country in which you reside (including to countries outside the European Economic Area (“EEA”), the United Kingdom, and Switzerland). OPSWAT also transfers your personal data internationally to service providers, business partners, and other third parties (as described in the “Disclosures” section). Some of these recipients may process your personal data outside of countries considered “adequate” by certain supervisory authorities, including the European Commission. If such an international transfer occurs, we will protect your personal data by taking contractual or other steps in accordance with applicable law. For transfers from the EEA, the United Kingdom, or Switzerland to non-adequate countries, we have implemented the European Commission’s Standard Contractual Clauses.

Security of Personal Data

We use technical and organizational measures to protect your personal data from accidental or unlawful loss, destruction of, or damage to personal data. To achieve this, we have developed and implemented an information security program and other policies and processes relating to the protection of your personal data. Additionally, our personnel is only permitted to access candidate personal data only to the extent necessary to fulfill the applicable business purpose(s) and perform their job, subject to confidentiality obligations.

Data Retention

We store your personal data for different time periods depending on the type of personal data we have, our stated business purpose for such data, and our legal obligations and rights. We will retain your information for as long as we have a legitimate business purpose to do so, for no longer than is required or permitted by law. Please note that you may also request us to delete your personal data, as described in the “Your Rights” section.

Your Rights

Under applicable privacy laws, you may have the following rights regarding your personal data (which you can invoke by going to Data Subject Request Form):

Right to access your information: You may request access to the personal data that we hold about you, including access to duplicates of the personal data retained.
Right to correct your information: If your personal data is inaccurate or incomplete, you may ask us to correct your information.
Right to suspend processing: You may request that we stop processing your personal data in certain circumstances, including when you believe that the information we hold about you is inaccurate or unlawful.
Right to port your data to another party: You may ask us to provide the personal data we have about you, in a structured, commonly used and machine-readable format, and have your information transferred to another party.
Right to delete: You may request that we delete your personal data. If we delete your personal data, we may no longer be able to process and evaluate your application for a position at OPSWAT. Additionally, please note that we may have an overriding legal basis for retaining your personal data (e.g., we may have to retain your personal data pursuant to our legal obligations).
Right to object: When we process your personal data based on legitimate interests, you may object to this processing. If you object, we will no longer process your personal data unless there are compelling and prevailing legitimate grounds under applicable law (e.g., your data is necessary for us to establish, exercise, or defend our legal rights).
Right to complain to a supervisory authority: You may lodge a complaint with your applicable supervisory authority.

For California Residents

Please see OPSWAT’s CCPA Privacy Notice for Employees and Job Candidates.

Children’s Privacy

We understand the importance of protecting children's privacy. By applying to a job at OPSWAT, you declare you are at least 18 years old.

Links to Third-Party Sites

As part of career application process, you may use or link to third-party sites not controlled by us, and which do not operate under our privacy practices. When you use or link to third-party sites, our privacy practices no longer apply. We encourage you to review each third-party site's privacy policy before disclosing any personal data.

OPSWAT Legal Center