ZWICKER & ASSOCIATES, P.C.

JOB APPLICANT PRIVACY NOTICE


 

This Job Applicant Privacy Notice (“Notice”) explains how Zwicker & Associates, P.C.

(hereinafter, “Zwicker”, “we”, “our” or “us”) collects, uses, discloses, and otherwise processes

personal information about job applicants and recruits. This Notice also describes certain rights

job applicants and recruits may have under state-specific laws based on their location.

 

This Job Applicant Privacy Notice is not a contract and does not create any legal rights or

obligations. This Job Applicant Privacy Notice also is not intended to replace other notices or

disclosures we may provide to you in connection with your application for a job or eventual role

in our organization, which will supersede any conflicting disclosures contained in this Job

Applicant Privacy Notice.

 

In connection with our recruiting efforts, we make our website ("Site") available to job

applicants for the purpose of advertising open positions and accepting job application

information from prospective employees. We do this through our recruiting platform provider

which is an independent third-party recruitment services provider. The recruiting platform’s

terms of use and privacy policies may differ from Zwicker’s. If you submit information through

the recruiting platform, you acknowledge and agree that (1) Zwicker does not endorse or take

responsibility for the recruiting platform’s sites or their services; (2) Zwicker will not be liable to

you for any damage, loss or expense caused by the recruiting platform’s sites, including for any

security breach, information disclosure or loss of data, and you hereby expressly waive any claim

against Zwicker for such losses; and (3) before using the recruiting platform’s sites, you will

review their terms of use and privacy policies. (If you do not accept the recruiting platform’s

terms or policies or are unwilling to release Zwicker from liability for their actions or inactions,

you should not create an account there).

 

WHAT IS PERSONAL INFORMATION?

When we use the term “Personal Information” in this Notice, we mean information that

identifies, relates to, describes, is reasonably capable of being associated with, or could

reasonably be linked, directly or indirectly, to you within the context of your role as a job

applicant or recruit. It does not include aggregated, deidentified, or anonymized information that

is maintained in a form that is not capable of being associated with or reasonably linked to you.

Where we maintain deidentified data, we will maintain and use the data in deidentified form and

not attempt to reidentify the data except as required or permitted by law.

 

INFORMATION WE COLLECT ABOUT JOB APPLICANTS AND RECRUITS AND

WHAT WE DO WITH IT

In connection with the recruiting process, we collected and disclosed for a business purpose the

following categories of Personal Information in the preceding 12 months from job applicants and

recruits as indicated in the chart below. The below information is also information which we

may collect and disclose throughout your recruitment and job application process. We do not

“sell” or “share”, as those terms are defined by the California Consumer Privacy Act as amended

by the California Privacy Rights Act, any personal information.


  Categories of Personal Information We Collect:

We Disclose this Category of Information to:


  Identifiers such as a real name, alias, postal address,

unique personal identifier, online identifier, Internet

Protocol address, email address, account name,

social security number, driver’s license number,

passport number, or other similar identifiers.

Recruiting platform and background

screening provider


   Personal information as defined in the California

customer records law, such as name, signature,

social security number, passport number, driver’s

license or state identification number, contact

information, education, employment, employment

history and financial information.

Recruiting platform and background

screening provider


  Characteristics of protected classifications under

California or federal law, such as age, race,

ethnicity, national origin, citizenship, sex, gender

identity, sexual orientation, religion, disability or

accommodation request, or marital or veteran status

when you choose to provide it, but it will not be

used in the hiring process.

Recruiting platform and background

screening provider


 

Commercial Information, including records of

personal property, products or services purchased,

obtained, or considered, or other purchasing or

consuming histories or tendencies

We do not disclose this information.

Internet and Network Information, such as technical

details about your visit to our online services

contained in log files or analytics data relating to

your usage and activity on our online services.

For more information, please refer to

the general Privacy Notice.


 

Professional or employment-related information

such as your previous employers, positions and

work experience, professional licenses, certificates

or other qualifications, employment references or

referrals, your previous or desired salary, bonus,

benefits, expenses, and stock or equity grants, and

information needed to establish your eligibility to

work for us, including visa information.

Recruiting platform and background

screening provider


   Education information subject to the Federal

Family Educational Rights and Privacy Act, such as

your highest level of education, the schools you

attended and when you were in attendance, degrees,

Recruiting platform and background

screening provider

certificates or other educational qualifications you

earned, and your transcripts or educational records.


 

Inferences, such as inferences or predictions about

job applicants and recruits, and their abilities,

interests, or preferences based on the other Personal

Information we collect and the interactions we have

with them.

We do not disclose this information.

 

In addition to the categories of Personal Information identified above, we may also collect any

Personal Information you chose or choose to share with us in your interview or application, CV,

resume, cover letter, transcripts or other supporting documentation. We may collect Personal

Information in connection with a background check. We also may disclose Personal Information

about our job applicants or recruits, with their consent or direction, to certain other third parties.


   Sensitive information we collected. The following Personal Information elements we collect

about our job applicants and recruits may be classified as “sensitive” under certain privacy laws

(“sensitive information”):


 

Social Security number, driver’s license number, passport number;


 

Information relating to racial and ethnic origin, citizenship or immigration status,

religious beliefs, health, disabilities, sexual orientation, and gender identity.


 

We disclose sensitive information as described above. We do not sell sensitive information about

individuals acting in their capacity as recruits or job applicants, and we do not share or otherwise

disclose sensitive information about individuals acting in their capacity as recruits or job

applicants for the purpose of targeted advertising, nor use such information for the purpose of

inferring characteristics about our recruits or job applicants.


 

We collected Personal Information from these sources. Although we often collect the

Personal Information described above directly from you, we may also collect this information

from other categories of sources such as: recruiters, job-related social media sites (such as

LinkedIn), and publicly available sources. In addition, we may also engage service providers

and other third parties who collect this information, such as recruitment platform providers and

background screening providers.


 

We collected and used this Personal Information for business purposes. Specifically, we use

the Personal Information collected during the recruitment process and when you apply for a job

with us to:


 

Identify you as a potential candidate and review your initial application for a position with

us;


 

Determine your eligibility and suitability for the potential position or other opportunities with

us;

 

Communicate with you about the status of your application or other opportunities with us

that may be of interest to you;


 Conduct internal investigations, audits, compliance, risk management, problem resolution

and security operations;

 

Comply with applicable law, rule, regulation, legal proceedings, and government

investigations, including relating to tax reporting and immigration.


We may take part in or be involved with a corporate business transaction, such as a merger,

acquisition, joint venture, or financing or sale of company assets. We may use or disclose

Personal Information to a third party during negotiation of, in connection with, or as an asset in

such a corporate business transaction. Personal Information may also be used or disclosed in the

event of insolvency, bankruptcy, or receivership.

 

Please note that if you accept an offer from us, we may transfer the Personal Information we

collected about you during the recruiting and job application process to your personnel file with

us.

 

Retention of Personal Information. We retain Personal Information that we collect about you

for as long as it is (l) legally permitted and (2) necessary in our discretion to comply with legal

obligations, maintain business and financial records, resolve disputes, maintain security, and to

detect and prevent fraud and abuse.


 Once retention of the Personal Information is no longer necessary for the purposes outlined

above, we will either delete or deidentify the Personal Information or, if this is not possible (for

example, because Personal Information has been stored in backup archives), we will not further

process the Personal Information until deletion or deidentification is possible.


  CONNECTICUT RESIDENTS ONLY

When Zwicker collects Social Security numbers in the course of our business, it is our general

policy to (1) protect the confidentiality of Social Security numbers pursuant to our internal

policies and procedures applicable to such information; (2) prohibit the unlawful disclosure of

Social Security numbers; and (3) limit access to Social Security numbers to only those personnel

or service providers who have a legitimate business need to access such information.


 CALIFORNIA RESIDENTS ONLY

The following disclosures only apply to residents of the State of California.

No Sales or Targeted Advertising

Except as otherwise described in our website Privacy Notice in connection with job applicants

acting in their capacity as website visitors, we do not sell Personal Information about individuals

acting in their capacity as our recruits or job applicants, and we do not share or otherwise

disclose such Personal Information for the purpose of displaying advertisements that are selected

based on Personal Information obtained or inferred over time from an individual’s activities

across businesses or distinctly-branded websites, applications, or other services (otherwise

known as “targeted advertising” or “cross-context behavioral advertising”).

Your California Privacy Choices

As a resident of the State of California, you may be entitled to certain rights (subject to certain

limitations at law) under California law as follows:

Right to Know: You have the right to confirm whether we are processing Personal

Information about you and to obtain certain personalized details about the Personal

Information we have collected about you, including the categories of Personal Information

that we have collected, used, or disclosed for a business purpose, the categories of sources

from which the Personal Information is collected, the business or commercial purpose for

collecting the Personal Information, and the categories of third parties to whom such

information was disclosed.

Right to Access & Portability: You have the right to obtain access to the Personal

Information we have collected and, where required by law, the right to obtain a copy of the

Personal Information in a portable and, to the extent technically feasible, readily usable

format that allows you to transmit the data to another entity without hindrance.

Right to Delete: You have the right to request that we delete Personal Information that we

collect about you, subject to applicable legal exceptions.

Right to Correct: You have the right to request that we correct any inaccurate Personal

Information that we have collected about you.

Right to Non-Discrimination: We will not discriminate against or retaliate against you for

exercising any of these privacy rights afforded to you under California law. However, please

note that if the exercise of these rights limits our ability to process Personal Information, we

may no longer be able to engage with you in the same manner.


 Submitting a Request to Us

If you wish to exercise any of the privacy rights identified above, you may submit your request

to us through the following channels:

 

Requests by mail

Zwicker & Associates, P.C.

ATTN: Privacy

80 Minuteman Road

Andover, MA 01810-1031

 

Requests by email privacy@zwickerpc.com

Requests by telephone (800) 446-6680


  To make a verified consumer request under California law, we require that you submit proof of

your identity and confirm you are a resident of the State of California. In order for us to act on

your request, you must provide your name, home address, and the last four digits of your social

security number. This information will be used only for the purposes of verifying your identity

by comparing it to our records and processing your request. In some cases, we may need to ask

for additional information to verify your identity. We may not be able to comply with your

request if we are unable to confirm your identity because you did not supply the required

information or if we are unable to connect the information you submit in your request with

Personal Information in our possession.


 In certain circumstances, we may decline a request to exercise the rights described above,

particularly where we are unable to verify your identity or locate your information in our

systems. If we are unable to comply with all or a portion of your request, we will explain the

reasons for declining to comply with the request.

Authorized Agents

 

You may also authorize an agent to submit a request on your behalf through the same means

identified above. An authorized agent must have your signed permission to submit a request on

your behalf or provide proof that they have power of attorney in accordance with California

probate law. Authorized agents that are business entities must be registered with the California

Secretary of State to conduct business in California. Before completing requests from authorized

agents, we may contact you directly to confirm you’ve given your permission and/or to verify

your identity.


  UPDATES TO THIS NOTICE

We will update this Notice from time to time. When we make changes to this Notice, we will

change the "Last Updated" date at the bottom of this Notice. If we make material changes to this

Notice, we will notify you by email, by prominent posting on our website and our recruiting

platform, or through other appropriate communication channels. All changes shall be effective

from the date of publication unless otherwise provided in the notification.

 

CONTACT US WITH QUESTIONS

If you have any questions or requests in connection with this Notice or other privacy-related

matters, you may contact us through any of the methods below:


By Mail: By Email: By Telephone:

Zwicker & Associates, P.C.

ATTN: Privacy

80 Minuteman Road

Andover, MA 01810-1031

privacy@zwickerpc.com (800) 446-6680

Version: 4.0


 Last Updated: September 10, 2024