Applicant Privacy Notice

This Applicant Privacy Notice ("Privacy Notice") describes the collection, use, retention, and sharing of your personal data when you apply for a position at Vyaire Medical, Inc. and its subsidiaries and affiliates ("Vyaire", "we", "us", "our"). For additional information, please see our global Privacy Policy.


This Privacy Notice explains:


  • our role in data processing;


  • the personal data we collect and why;


  • how we share your personal data;


  • information security and retention of your personal data;


  • your rights with respect to personal data; and


  • where to address your questions or complaints.



OUR ROLE IN DATA PROCESSING


The entity responsible for the collection and use (processing) of your personal data is Vyaire, which, for the purpose of the European Union’s General Data Protection Regulation ("GDPR"), the United Kingdom’s Data Protection Act 2018 ("DPA"), and local law implementing or adopting the GDPR in Jersey or Guernsey, is the data controller. If you have any queries or concerns, please contact our Data Protection Officer at privacy@vyaire.com, Calligo UK Limited, Suite 3MD, Middlemarch Business Park, Siskin Drive, Coventry CVS 4FJ.


PERSONAL DATA WE COLLECT AND WHY


Throughout the application process with Vyaire, we collect personal data from you in a variety of ways. Personal data means any information relating to an identified or identifiable natural person, and includes the term "Personal Information" under the California Privacy Rights Act. You are not obliged to provide us with personal data. However, if you decline to provide information when requested, and this information is necessary for us to consider your application (such as evidence of qualifications or work history), we will not be able to process your application successfully. For example, if we require a credit check for this role and you fail to provide us with relevant details, we will not be able to take your application further.


Specifically, we collect your personal data when you:


  • Complete an application. When you apply for a position at Vyaire, we collect from you or the recruiting agency through which you applied, your personal identifiers (name, email address, telephone number, and physical address), your professional or employment information (resume/CV, cover letter, certifications or licenses, qualifications, employment history), and any other information you choose to include with your application. We use this information to review your background and skills, to determine your qualifications for the role you are applying to, communicate with you about your application and candidacy, and to confirm information related to your employment and education. The legal basis for this processing is that it is necessary to perform a contract or to take steps at your request, before entering a contract. For equal employment purposes, you also have the option (when it is clearly and specifically requested) to provide us with your protected classifications (gender, age, veteran status, disabilities) and sensitive protected classifications (race, ethnicity). We use this protected classification and sensitive protected classification information for government reporting purposes, to comply with legal requirements, to analyze requested disability accommodations as applicable, and to document any accommodations we have provided to accommodate your needs. The legal basis for this processing is our legitimate interest in the more efficient management of our application process or, where applicable, to comply with our legal obligations or our legitimate interest in compliance with non-EU legal obligations that apply to Vyaire. The processing condition for the processing of this sensitive information is, depending on the laws of the relevant member state, the safeguarding of your rights (Art. 9(2)(b) GDPR) or assessing your work capacity as an employee (Art. 9(2)(h) GDPR). We use also use this information, in the aggregate, to conduct internal analytics and benchmarking. We share this information with our third party applicant tracking system to organize our applications and assist with assessing your application.



  • Information from references. When you provide references with your application, we will obtain from your references, your professional or employment information (work skills), and will draw inferences from your references, such as their thoughts on how your skills might enable you to succeed in the position you have applied for. We use this personal data to assess your suitability for the position for which you have applied. The legal basis for this processing is that it is necessary to perform a contract or to take steps at your request, before entering a contract.



  • Verify your education. When you first join Vyaire and throughout your tenure with us, we collect from you as well as from background check providers, and education institutions, your non-public education information (verification of education level completed, verification of dates enrolled in educational institutions, certifications obtained, report cards, transcripts). We use this information to verify your education for employment purposes. The legal basis for this processing is our legitimate interest in verifying applicants’ qualifications for positions at Vyaire.



  • Conduct a background check. When a background check is requested as part of the candidate review process, we will collect, from you, your personal identifiers (name, date of birth, and physical address) and sensitive identifiers (Social Security number or other government-issue I.D. numbers). We share this information with a background check provider in order to conduct a background check and Office of Inspector General exclusion check to verify your identity, credentials, and criminal history, and to facilitate the background check. The legal basis for this processing is that it is necessary to perform a contract with you. The processing condition for the processing of this sensitive information is to assess your work capacity as an employee (Art. 9(2)(h) GDPR). For positions where a pre-employment drug test is required, we share your personal identifiers (name, date of birth, email address, telephone number, physical address) with a third-party drug screening provider to facilitate and arrange the screening. We will subsequently collect your health information (drug test results) from this provider. We use this sensitive information to confirm you adhere to Vyaire’s drug policy. The legal basis for this processing is that it is necessary to perform a contract or, if applicable, to comply with legal our obligations. The processing condition for the processing of this sensitive information is to assess your work capacity as an employee (Art. 9(2)(h) GDPR).



  • Interact with our Job Portal. If you provide your affirmative, opt-in consent, to our use of tracking technologies, we will also collect information from you automatically as you interact with our Job Portal via non-essential cookies, pixels, and web beacons. Otherwise, we will only use essential cookies on the Job Portal. The legal basis for the placement and access of essential cookies is the performance of a contract. These cookies are necessary to provide the Job Portal to you. You may opt in or out of non-essential cookies at any time by visiting Cookie Preferences.


    If you opted-in (as explained above), we will use functional, analytics, and advertising cookies to collect your usage, device, and location information when you interact with the Job Portal. We use this information to: (i) track you within the Job Portal; (ii) enhance user experience; (iii) conduct analytics to improve the Job Portal; (iv) prevent fraudulent use of the Job Portal; (v) diagnose and repair errors, and, in cases of abuse, track and mitigate the abuse; (vi) provide targeted advertising; and (vii) measure the effectiveness of our marketing campaigns. To adjust your privacy preferences (opt-in or out), please visit Cookie Preferences.


    • Google Analytics. We use Google Analytics to collect information on your use of the Job Portal for its improvement. To collect this information, Google Analytics installs cookies on your browser or reads cookies that are already there. Google Analytics also receives information about you from applications you have downloaded that partner with Google. We do not combine the information collected through the use of Google Analytics with personal data. Google’s ability to use and share information collected by Google Analytics about your visits to our Job Portal or to another application which partners with Google is restricted by the Google Analytics Terms of Use and Privacy Policy. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on, which can be accessed here. Under the CPRA, disclosure to Google may be considered a "sale." To opt out of the sale or sharing of your personal information through cookies, please visit Do Not Sell or Share My Personal Information.


    • DoubleClick. We utilize DoubleClick by Google to serve ads based on a user’s prior visits to our Job Portal. Each visitor to our Job Portal receives a different cookie, and the information collected by the cookie is used to generate conversion statistics and allows us to see the total number of individuals who clicked on our ads. DoubleClick enables Google and its partners to serve ads to you based on your visits to our Job Portal in addition to other websites on the Internet. Please review Google’s Privacy Policy for additional information on how Google uses the information collected. To opt out of targeted advertising by Google and this sharing, you can go to Google’s Ad Settings, install the DoubleClick opt-out add-on, or visit Do Not Sell or Share My Personal Information.


    • Facebook Pixel. We use Facebook Pixel to customize our advertising and to serve you ads on your social media based on your browsing behavior. This allows your behavior to be tracked after you have been redirected to our Job Portal by clicking on a Facebook ad. Facebook stores cookies on your device to enable us to measure the effectiveness of Facebook ads for statistical and market research purposes. We do not have access to the information collected through Facebook’s cookies. However, the information collected via Facebook, on the Job Portal as well as other websites on which Facebook’s cookies are installed, is also stored and processed by Facebook. Facebook may link this information to your Facebook account and also use it for its own promotional purposes in accordance with Facebook's Data Usage Policy. The Facebook cookies also allow Facebook and its partners to show you advertisements on and outside of Facebook. This may be deemed sharing under the CPRA. To opt out, you can visit Do Not Sell or Share My Personal Information.


    • LinkedIn. We use LinkedIn analytics and advertising products for example to target advertising based on what is relevant to a user, to improve reporting on campaign performance and to avoid showing ads the user has already seen. LinkedIn will use the information collected in accordance with its User Agreement and Privacy Policy. You can visit LinkedIn Advertising Preferences to choose how data is used here, or opt out of this sharing by visiting Do Not Sell or Share My Personal Information.




To control the information collected about you using cookies and other technologies see our Cookie Preferences. In general, you can also disable cookies by setting your browser to refuse cookies or indicate when a cookie is being sent. Please note, if you opt out of these targeted advertising cookies, your opt-out will be specific to the web browser, app, or device from which you accessed the opt-out. If you use multiple devices or web browsers, you will need to opt out of each browser or device that you use.


Vyaire will also use the personal data we collect as described in this section to comply with the law, to efficiently maintain our business, and for other limited circumstances as described in SHARING OF YOUR PERSONAL DATA.


SHARING OF YOUR PERSONAL DATA


A. General Sharing


Vyaire shares personal data in the following circumstances:


  • Within Vyaire: We share applicant personal data among our hiring decision-makers (i.e. human resources department, senior management, and hiring managers) to assess applications and make hiring decisions. Access to applicant personal data is limited to those on a need-to-know basis. The legal basis for this sharing is our legitimate interest in carrying out our business and application process efficiently.



  • For legal purposes: We may share your personal data with third parties, such as legal advisors, law enforcement agencies, or governmental/regulatory bodies in order to protect our legal interests and other rights, protect against fraud or other illegal activities, for risk management purposes, and to comply with our legal obligations. The legal basis for this sharing is compliance with legal obligations and our legitimate interest in compliance with non-EU laws applicable to Vyaire.



  • During a corporate reorganization: In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, acquisition, sale, joint venture, assignment, consolidation, transfer, change of control, or other disposition of all or any portion of our business, we may share personal data. The legal basis for this sharing is our legitimate interest in the efficient operation of our business or, consent, where this is required.



  • With service providers: We share your personal identifiers, professional or employment information, and educational history with service providers that assist us in the application process. These service providers include our application host, credit reference agencies, background check, and drug-screening provider. When we transfer personal data from the European Economic Area (EEA), the United Kingdom (UK), or British Isles for processing in countries outside the EEA, UK, or British Isles which are not recognized by the EU, UK, or British Isles as providing an adequate level of protection to personal data, for example, to the United States, we rely on approved data transfer mechanisms, such as Standard Contractual Clauses.



  • With your consent: Apart from the reasons identified above, we may request your permission to share your personal data for a specific purpose. We will notify you and request consent before you provide the personal data or before the personal data you have already provided is shared for such purpose. You may revoke your consent at any time with effect moving forward and may do so by contacting us via email at privacy@vyaire.com.



B. Sharing in the Preceding Twelve (12) Months


For Business Purposes. In the preceding twelve (12) months, Vyaire has disclosed the following categories of personal information for a business purpose to the following categories of third parties:


  • We have disclosed your personal identifiers and internet or other electronic network activity information to IT support to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and to identify and repair errors that impair functionality.


  • We have disclosed your personal identifiers, sensitive data, and professional or employment information with service providers that assist us in assessing and track your application. These service providers include our drug test provider (if applicable), background check provider, credit reference agencies, and verification of employment authorization providers.



C. Sale/Sharing of Personal Information


Although Vyaire does not sell or share applicant personal information for monetary consideration, we disclose internet and other network activity information via cookies with third party cookie providers to assist with Job Portal analytics and advertising. This disclosure is a "sale" or "sharing" under the CPRA. To opt out of the sale or sharing of your personal information through cookies, please visit Do Not Sell or Share My Personal Information.


RIGHTS OF CALIFORNIA APPLICANTS


The California Consumer Privacy Act of 2018 ("CCPA"), as amended by the California Privacy Rights Act ("CPRA") (collectively, "CPRA") entitles California residents to certain rights. If our processing of your personal information is subject to the CPRA, you are entitled to the following rights:


  • Right to Access/Know. You have the right to request what personal information we have collected, used, disclosed, and sold about you, unless doing so proves impossible or would involve disproportionate effort. You may only make a request for access twice within a 12-month period.



  • Right to Deletion. You have the right to request the deletion of your personal information that we collect or maintain, subject to certain exceptions. For example, if we are required by law to retain the information that you are asking to be deleted, we would not be able to delete the information until we are legally permitted to delete it.



  • Right to Correct. You have the right to correct inaccurate personal information that we collect or maintain.



  • Right to Opt Out of Sale/Sharing. You have the right to opt-out of the sale or sharing of your personal information to third parties. Vyaire does not have actual knowledge that it sells or shares personal information of minors under the age of sixteen (16) years. We only sell or share personal information under CPRA via cookies. Our use of third-party cookies may be deemed a sale or sharing under the CCPA/CPRA. To opt out of the sale or sharing of your personal information through cookies, please visit Do Not Sell or Share My Personal Information.



  • Right to Non-Discrimination. You have the right to not receive discriminatory treatment if and when you exercise your rights to access, delete, opt out, correct, or limit use of sensitive personal information under the CPRA.



  • Right to Limit Use of Sensitive Personal Information. You have the right to limit the use of your sensitive personal information when such use goes beyond that which is necessary for the application process or certain other permissible purposes like fraud, customer service or quality control. Sensitive personal information includes Social Security number, driver’s license number, biometric information, precise geolocation, and racial and ethnic origin. However, Vyaire does not process sensitive personal information in a manner which gives rise to this right.



To exercise your privacy rights, you may submit a request by completing our webform or by contacting us toll-free at 800-231-2466. To opt out of the sale or sharing of your personal information via cookies, please visit Do Not Sell or Share My Personal Information. or utilize the opt out preference signal to instruct us to not sell or share any of your personal information collected online. The opt out preference signal will apply to the device, platform, or browser in which you utilize it. You can utilize the opt out preference signal by turning on the signal in your device, platform, or browser settings.


For requests submitted via telephone, you must provide us with sufficient information that allows us to reasonably verify you are the person about whom we collected the personal information and describe your request with sufficient detail to allow us to properly evaluate and respond to it. In doing so, we will take steps to verify your request by matching information provided by you with the information we have in our records. If we are not able to verify your identity for access and deletion requests with the information provided, we may ask you for additional pieces of information.


Only you, or a person that you authorize to act on your behalf may make a request related to your personal information. If you are an authorized agent making a request on behalf of another individual, you must provide us with signed documentation that you are authorized to act on behalf of that individual.


RIGHTS OF ALL APPLICANTS


Regardless of your state of residence, you may be entitled to certain rights under applicable labor laws. For more information, please email us at privacy@vyaire.com include "Labor Law Inquiry" in the subject line.


RIGHTS OF INDIVIDUALS IN THE EUROPEAN UNION, UNITED KINGDOM, AND BRITISH ISLES


Individuals in the European Union, British Isles, and United Kingdom are entitled to certain rights under General Data Protection Regulation ("GDPR"), local law implementing or adopting the GDPR in Jersey or Guernsey, and the Data Protection Act 2018 ("DPA"), respectively. To the extent these laws apply to our processing of your personal data, you are entitled to the following rights:


  • Right to access: You have the right to ask us for copies of your personal data, regardless of the legal basis for the processing. However, this right has some exemptions, which means you may not always receive all the personal data we process. This applies to any of the personal data and/or sensitive information that we process on the legal basis of consent, performance of a contract, legal obligation, or legitimate interest.



  • Right to rectification: You have the right to ask us to rectify personal data you think is inaccurate or incomplete, regardless of the legal basis for the processing. This applies to any of the personal data and/or sensitive information that we process on the legal basis of consent, performance of a contract, legal obligation, or legitimate interest.



  • Right to erasure: You have the right to ask us to erase your personal data and/or sensitive information associated with your job application, except when the legal basis for the processing is to fulfill our legal obligations or to carry out a task in the public’s interest.



  • Right to restrict processing: You have the right to ask us to restrict the processing of your personal data, regardless of the legal basis for the processing. This applies to any of the optional and strictly necessary cookies, as well as personal data and/or sensitive information that we process on the legal basis of consent, performance of a contract, legal obligation, or legitimate interest.



  • Right to object to processing: You have the right to object to our processing of your personal data when the legal basis for the processing is pursuant to our legitimate interests or to carry out a task in the public’s interest. This applies to any of the personal data and/or sensitive information that we process on the legal basis of legitimate interest.



  • Right to data portability: You have the right to ask that we transfer the personal data you gave us from one organization to another or give it to you. However, this right only applies when: (i) you have provided your personal data to us; (ii) the legal basis for the processing is your consent or for the performance of a contract; and (iii) the processing is carried out by automated means. This applies to any of the personal data and/or sensitive information that we process on the legal basis of consent or performance of a contract.



  • Right to lodge a complaint: You have the right to lodge a complaint with the relevant Supervisory Authority.



To exercise these rights, please contact us by email at privacy@vyaire.com


INFORMATION SECURITY


We implement appropriate technical and organizational security measures, such as access controls and encryption and 24-7 threat monitoring, to protect the personal data that we collect and maintain from unauthorized access, destruction, use, modification, or disclosure. However, no security measure or modality of data transmission is 100% secure, and we are unable to guarantee the absolute security of the personal data we have collected from you.


RETENTION OF YOUR PERSONAL DATA


We process your personal data for as long as our processing purposes, the legal retention periods, and our legitimate interests in documentation and keeping evidence or when storage is a technical requirement. If there are no contrary legal or contractual obligations, we will delete your information after the applicable retention period. However, if you are hired, your information will become part of your personnel file and subject to our Employee Privacy Notice, available on the company’s intranet. We may need to use and retain your personal data for longer than these reasons for purposes of:


  • Compliance with our legal obligations. For example, retaining your employee records (if hired) the purpose of accounting, dispute resolution and compliance with labor, tax and other financial regulations.


  • Meeting our safety and security commitments. For example, keeping our properties secure and preventing fraud.


  • Exercising or defending legal claims. We also may need to retain information for longer than the above periods in order to meet with legal process or enforceable governmental request, or to enforce our Terms of Use, including investigation of potential violations.



INTERNATIONAL TRANSFERS


As part of the recruitment process, Vyaire may transfer your personal data to recipients in countries outside of the European Economic Area, British Isles, or the UK that may have differing data protection laws (e.g., United States, India, China, and Brazil). The European Commission has ruled that Jersey, Guernsey, and Canada offer adequate levels of data protection in their domestic legislation and transfers to these jurisdictions are, therefore, permitted under applicable law. However, this also includes countries which the EU Commission, British Isles, and UK does not consider to have an adequate level of protection for personal data. If this occurs, we will ensure there is a legal ground for the transfer in accordance with applicable data protection legislation. You will also be informed about the legal ground, what safeguards were implemented, and where you can obtain a copy of information on these safeguards. Within Vyaire, its subsidiaries, and affiliates, we have also put in place an intercompany agreement which contains the Standard Contractual Clauses approved by the European Commission to ensure that all transfers of Personal Data to any member of the Vyaire group are protected to the same level as required under European data protection legislation.


CHANGES TO THIS PRIVACY NOTICE


Vyaire reserves the right to update or modify this Privacy Notice in our sole discretion at any time without prior notice. If we do, we will post the changes to this site, and will indicate the date the changes go into effect. We encourage you to review our Privacy Notice to stay informed. If we make changes that materially affect your privacy rights, we will notify you via email, and obtain your consent, if required.


CONTACT US


If you have any questions or concerns regarding this Privacy Notice, you can contact Vyaire Medical, Inc. by email at privacy@vyaire.com by telephone at 800-231-2466, or by sending a letter to:


Privacy
Vyaire Medical, Inc.
26125 N. Riverwoods Blvd.
Mettawa, IL 60045
United States


Updated: May 2024


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