Whip Networks, Inc. Applicant Privacy Policy

Effective Date: May 15, 2024 

Whip Networks, Inc. (“Whip Media”) provides this privacy policy to explain our data practices for the information we collect from you as a job applicant. Whip Media will process your personal information as described in this Applicant Privacy Policy (“Policy”) and will be responsible for complying with applicable data protection laws.  Note that if you are later employed by Whip Media, your employment information will be governed by a separate personnel privacy policy. Please review the Terms of Use, which also apply to your employment application.

Scope of the Policy

The Policy is designed to cover the personal information that we collect, use, and disclose in connection with processing your application for employment with us.  When we refer to “personal information,” we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or is otherwise defined or regulated as personal information under applicable laws or regulations. This includes information that directly identifies you (e.g., your name, social security number, or other government-issued identifier), but also includes information which we may have linked to those identifiers (e.g., your date of birth, telephone number, or employment history, all of which we may have linked to your name).

Please note that we may utilize a careers portal that is operated by a third party, in which case your use of the careers portal will be subject to the third party’s privacy practices as disclosed on the portal.

Personal Information We Collect

When you apply for a job with Whip Media, we will ask you to provide us with personal information about yourself so we can evaluate your application. We may ask for additional personal information if we extend you a conditional offer of employment. If you do not provide us with this information, our ability to consider you as a candidate may be limited. You may also provide us with your personal information that we have not specifically requested, for example your resume may include information about your hobbies or social preferences. You are solely responsible for determining the extent of information that you provide to us, and all information you provide is done so voluntarily and with your consent.

Personal information we collect from you may include:

• Basic personal details (for example, your name)
• Contact details (for example, your telephone number, email address or mailing address)
• Employment details (for example, your employment background including current or previous employers, job titles, work experience, or salary)
• Professional details (for example, preferred work location(s), willingness to relocate, immigration status)
• Education information (for example your level of schooling, degrees, certificates, or transcripts)
• Background information, where relevant to your application and permitted under applicable law (for example employment references, driver’s license and driving history, or criminal background screenings, which we will only request if we extend you a conditional offer of employment and only when applicable and permitted by law)
• Any other information in your application that you elect to share with us (for example your hobbies or other interests)

In addition:

• We may ask you to provide sensitive personal information regarding race, ethnicity, gender or disability for the purposes of addressing our legal obligations, and for equal opportunity, diversity, and inclusion initiatives; however, you are not required to provide this information and if you do provide such information, it will not be considered in the hiring or selection process.
• If you have a disability and want us to consider an accommodation, you should feel free to raise this during the recruitment process; however, you are not required to do so and any such information you do provide will only be used in connection with providing you an accommodation and will not be considered in the hiring or selection process.
• Whip Media does not require that applicants disclose sensitive personal information regarding religion, sexual orientation or political affiliation. To the extent that you do provide us with such information, you expressly consent and authorize us to handle such information in accordance with this Privacy Policy and applicable law.

Please note that we may also collect Personal Information from you when you make purchases from us in an individual capacity and outside the context of your employment application.  Personal Information collected from you during these transactions is not subject to this Policy, and we will collect, use, store, disclose, and/or otherwise handle any such Personal Information as we describe in our applicable consumer privacy policy, posted at https://whipmedia.com/privacy-policy/.

 

Information Collected Automatically

We, our service providers, and/or other third parties may automatically collect and/or store certain information when you visit or interact with our employment application portal or otherwise online as a job applicant (“Usage Information”). This Usage Information may be stored and/or accessed from your computer, tablet, mobile phone, or other device whenever you visit or interact with the employment application portal. Usage Information may include, but is not limited to:

• Your IP address, mobile device identifier and other unique identifiers
• Device information, including device model, operating system version, device date and time, mobile network information
• Geolocation of your device
• How you use and interact with the employment application portal, including pages you visit within the portal, content you view, and your preferences
• The URL or job advertisement that referred you to our employment application portal

Usage Information may be collected through the use of the following technologies:

• Cookies and Local Storage. Cookies and local storage are data files placed within a browser on a device when it is used to visit the employment application portal. Certain web browsers and browser add-ons may provide additional local data storage mechanisms. Cookies and local storage can be used for a variety of purposes, including to store a unique identifier for your device that recognizes your device as you visit the employment application portal or other websites or online services, and to remember your preferences. Additionally, most browsers provide you with the ability to disable, decline, or clear cookies and local storage; please check your browser’s settings for further information.  However, if you disable cookies you may find this affects your ability to use certain parts of the employment application portal.  For more information about cookies, please visit https://www.aboutcookies.org.
• Web Tags. Small graphic images or other web programming code (also known as 1×1 GIFs or clear GIFs) may be included in our web pages. These and similar technologies may be used for a number of purposes, including to count visitors to the application portal, or to monitor how users navigate the application portal.  The information we collect through this technology may include the first date and time you open our email, and whether you click any links included in our email.
• Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the application portal, such as the links you click on. The code is temporarily downloaded onto your device from our server or a third-party service provider or business partner, is active only while you are connected to the application portal, and is deactivated or deleted thereafter.

 

Information from Third Party Careers Portals and Other Third Parties

We may receive information about you from third party careers portals, for example when you apply to one of our job postings through that portal. The information we receive is subject to this Privacy Policy. The information collected and stored by the third party careers portal remains subject to its privacy policy.

We may also receive information about you from other third parties, such as third party background checking companies, sources of publicly available information, and individuals or entities whose information you provide to us as employment references.

 

How We Use Your Personal Information

We use the information collected from or about you, including personal information and usage information, as disclosed in this privacy policy, including:

• Evaluating your application – including assessing your skills, qualifications, and interests.
• Verifying your information and carrying out employment, background, and reference checks, where applicable (subject to your consent where required by applicable law).
• Communicating with you about the recruitment process and the status of your application.
• Keeping records related to our hiring processes.
• Creating and submitting reports as required by applicable laws or regulations.
• Complying with our legal, regulatory, or other corporate governance requirements.
• Analyzing and improving our application and recruitment process.
• Complying with applicable laws, regulations, legal processes, or enforceable government requests.
• To protect the rights and property of Whip Media, other job applicants, employees, or the public, as required or permitted by law.
• Gauging your interest in and engagement with our job postings (we may also use information collected for this purpose as part of our evaluation of your application).
• Preparing related governmental and internal statistics reports.

 

How We Share Your Personal Information

We will not disclose, sell or otherwise distribute to any third party any of your Personal Information without your prior permission, except under the following circumstances:

• At your direction: We may disclose your Personal Information when you direct us to do so.
• Whip Media Subsidiaries and Affiliates: Whip Media is part of an international group of affiliates and subsidiaries, and certain services or business functions may be centralized by one or more affiliates for the whole or part of the Whip Media group. As such, we may share your Personal Information with our affiliates and subsidiaries for business, analytical, and operational purposes.
• Third-party service providers: We may outsource some or all of the operations of our business to third-party service providers and we may use third parties to act as our agents to provide services to us or to you. Services provided by third parties may include background checking, accounting, legal, recruiting, and other professional services. In such cases, it will be necessary for us to disclose your data to those service providers. In some cases, the third parties may collect data directly from you on our behalf. We restrict how such third parties may access, use and disclose your data.
• Legal requests and investigations and to comply with law: We may be required to disclose certain information about you to comply with government reporting requirements, laws, or regulations. We may disclose any data about you when, in our opinion, such disclosure is necessary to prevent fraud or to comply with any statute, law, rule or regulation of or any legal process issued by any governmental authority or any order of any court of competent jurisdiction. We may also disclose data about you when necessary for us to exercise and defend legal claims and enforce our rights.
• Business Transfers: As we continue to develop our business, we might sell or buy companies, subsidiaries, or business units. In such transactions, employee data, including data relating to prospective employment and recruiting, is typically one of the transferred business assets. Any data transferred will, to the extent required by law, remain subject to the promises made in any pre-existing privacy statement unless you consent to the new privacy policy, which may be required as a condition of employment or of continuing the recruitment process, subject to applicable law in your jurisdiction.

 

Security of Your Personal Information

We have adopted commercially reasonable security procedures and practices designed to protect your Personal Information in our possession from loss, misuse and unauthorized access, disclosure, alteration, and destruction, including physical, technical and administrative controls. However no data transmission over the Internet, wireless transmission, or electronic storage of information can be guaranteed to be 100% secure.  Whip Media cannot ensure or warrant the security of any information we collect.  You provide us your information at your own risk.

Location of Your Personal Information

Whip Media is based in the United States. By providing us with any information, you fully understand and unambiguously consent to the transfer to, and processing, usage, sharing and storage of your information in the United States, for which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.  As a result, this information may be subject to access requests from governments, courts, or law enforcement in United States jurisdictions according to the laws in those jurisdictions.  Your information will also be disclosed to third parties as described in the “How We Share Your Information” section above.

Retention of Your Personal Information

The length of time we retain your Personal Information depends on the status of our relationship with you and applicable legal requirements. We will retain your Personal Information for as long as your prospective employment (and, if applicable, employment) with us lasts, and for a certain period after your employment or recruitment process with us has ended. To determine that period, we take into account our legal and regulatory obligations (such as financial reporting obligations and equal opportunity or anti-discrimination reporting obligations) and whether we may need to retain Personal Information to resolve disputes, make and defend legal claims, conduct audits, pursue legitimate business purposes and/or enforce our agreements.

Do Not Track

Please note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services that you visit. When you choose to turn on the “Do Not Track” setting in your browser, your browser will send a signal to websites, analytics providers, advertisement networks, plug-in providers, and other web service providers you encounter while browsing to stop tracking your activity.  To find out more about and set up “Do Not Track,” please visit http://www.allaboutdnt.com .

Global Privacy Control

Global Privacy Control (“GPC”) is a technical specification in your browser settings that you can use to automatically inform websites of your privacy preferences with regard to third party online tracking.  To find out more about and set up GPC, please visit https://globalprivacycontrol.org/#about ].

 

Changes to this Policy

To the extent allowed by applicable law, we reserve the right to change this Privacy Policy at any time without prior notice. If we make material changes to our privacy policy, we will update the effective date and post a notice to our online website and applicant portals where this policy is displayed.  We may also provide notice to you in other ways, such as through contact information you have provided, and provide you with the ability to opt-in or opt-out of the changes as required by law.

Notice to California Residents

California provides additional privacy rights to residents of the state. If you are a California resident, please see our Notice to California Applicants below for more information about how to exercise your privacy rights.

 

Notice to Applicants Located in the United Kingdom

If you are a resident of the United Kingdom, the following information applies:

Purposes of processing and legal basis for processing: As explained above, we process Personal Information in various ways depending on the nature and progress of your application and the services we provide you in connection with your application. We process your Personal Information on the following legal bases: (1) to carry out our application and recruitment process with you; (2) to take steps as necessary to enter into an employment contract with you, if applicable; (3) compliance with our legal obligations that apply to us as; (4) with your consent; or (5) as necessary for our legitimate interests or the legitimate interests of third parties in connection with your application, where those interests do not override your fundamental rights and freedoms related to data privacy.  We may process your Personal Information for the following legitimate business purposes and for the purposes of conducting our recruitment process with you:

• Identifying and evaluating job applicants, including assessing skills, qualifications, and interests for the purposes of determining suitability for the position for which you have applied;
• Verifying your information and carrying out employment, background, and reference checks, where applicable, subject to your consent where required by applicable law;
• Communicating with you about the recruitment process and your application;

• Accounting and auditing;
• Assessing qualifications for a particular job or task;

• Keeping records related to our hiring processes and your employment contract, for only as long as appropriate under the circumstances;
• Creating and submitting reports as required by applicable laws or regulations;

• Complying with health and safety obligations;

• To comply with our legal, regulatory, or other corporate governance requirements; and
• Analyzing and improving our application and recruitment process.

We will only process your Personal Information for the purposes we collected it for or for compatible purposes.  If we need to process your Personal Information for an incompatible purpose, we will provide notice to you and, if required by law, seek your consent.  We may process your Personal Information without your knowledge or consent where required by applicable law or regulation.

We may also process your personal data for our own legitimate interests, including for the following purposes:

• To prevent fraud;
• To ensure network and information security, including preventing unauthorized access to our computer and electronic communications systems and preventing malicious software distribution; and
• To support internal administration with our affiliated entities.

What happens if you do not provide information: If you do not provide certain data when requested, we may not be able to fulfill our contract with you, such as to pay you or provide benefits, or meet our legal obligations, such as to protect your health and safety.

Data Subject Rights: Under the UK General Data Protection Regulation (“UK GDPR”) and Data Protection Act, you have the following rights:

 

• Withdraw consent: If we have collected personal information with your consent, you have the right to withdraw that consent at any time.
• Access: You have the right to request access to personal information we collected about you and information about its sources, purposes, and sharing.
• Correction: You have the right to request that we correct the personal information we hold about you if it is inaccurate or incomplete.
• Erasure: You have the right to request that we erase data we have collected from you. Please note that we may have a reason to deny your deletion request or delete data in a more limited way than you anticipated, e.g., because of a legal obligation or right to retain it.
• Portability: You have the right, in certain circumstances, to request that we provide your personal information to you in a format that can be transferred to another entity.
• Restrict Processing: You have the right, in certain circumstances, to request that we limit our processing of your personal information if you are (1) contesting the accuracy of your personal information, (2) asserting that our processing is unlawful; (3) asserting that we no longer need to keep the information for reasons related to the establishment, exercise, or defense of legal claims, or you object to our processing.
• Object: You have the right to object to our processing if we are processing your personal information based on legitimate interests, using your personal information for direct marketing (including profiling), or processing your personal information for purposes of scientific or historical research and statistics.

 

To make a request as a United Kingdom resident or to exercise any of the rights detailed below, please contact us at jobs@whipmedia.com.

 

Right to lodge a complaint: Staff that reside in the UK have the right to lodge a complaint about our data collection and processing actions with the national supervisory authority, the Information Commissioner’s Office (“ICO”) if you believe we have not resolved your concerns. Contact details for the ICO are available here: https://ico.org.uk/.  If you have questions or concerns regarding this Policy, please contact us at jobs@whipmedia.com.

 

Transfers: Personal Information we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities.

 

Automated Decision-Making: You will not be subject to hiring decisions based solely on automated processing without your prior consent.

 

Verification Procedures: We must verify your identity for everyone’s protection, so we may require you to provide us with verification information prior to accessing any records containing personal information about you. We do this by asking you to provide personal identifiers we can match against information we may have collected from you previously and confirm your request using the email or telephone account stated in the request.

We will use the information you provide for verification only for the purpose of verification. We may have a reason under the law why we do not have to respond to your request or respond to it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

 

NOTICE TO CALIFORNIA APPLICANTS

 

This California Privacy Notice is effective as of May 15, 2024.

This notice supplements Whip Network, Inc’s (“Whip Media” or “Company”) job applicant privacy policy and applies only to California residents who are applying for a position with Whip Media as an employee or independent contractor (“California Applicants”).  This California Applicant Privacy Notice sets forth the disclosures and rights for California Applicants regarding their Personal Information, as required by the California Consumer Privacy Act of 2018 (“CCPA“) as amended by the California Privacy Rights Act of 2020, and any implementing regulations adopted thereunder. Terms (including defined capitalized terms) used in this California Applicant Privacy Notice have the same meanings given in the CCPA and the associated regulations, unless otherwise defined.

EXERCISING YOUR CALIFORNIA RIGHTS

California Applicants have the right to request: (1) that we disclose to you what Personal Information we collect, use, disclose, and sell, including the right to request that we provide to you the categories and specific pieces of Personal Information we have collected about you (“Right to Know“); (2) that we delete the Personal Information we collect from you (“Right to Delete“); and (3) that we correct inaccurate Personal Information we hold about you (“Right to Correct”),all subject to the meanings and exceptions set forth in the CCPA. More information on each of these rights is below.

Verifying Your Requests

When you exercise your Right to Know, Right to Delete, and/or Right to Correct, we will take reasonable steps to verify your identity based upon the information you provide and the type of request you are making. We may also ask that you provide us with information, beyond your full name, in order to verify your identity and fulfill your request. We will only use any such information to verify your identity and fulfill your request. If we are unable to verify that the individual submitting the request is the same individual about whom we have collected information (or someone authorized by that individual to act on their behalf), we will not be able to process the request.

Authorized Agents

If you are an authorized representative submitting a request on a California Applicant’s behalf, please complete the applicable request per the instructions below. We will follow up to request a signed, written permission signed by the individual who is the subject of the request authorizing you to make the request on their behalf. The written permission must state your full legal name, the full legal name of the individual who is the subject of the request and needs to be clear about the permission granted. Alternatively, you may, but are not required, to submit a copy of a power of attorney under Probate Code sections 4000-4465.  In either case, please also indicate in your email the nature of your request. The consumer’s identity, in addition to your own, will need to be independently verified in order for us to be able to fulfill your request.  We may also ask the California Applicant to directly confirm with us that they provided you permission to submit a request. Please keep in mind that if we do not receive adequate proof that you are authorized to act on the California Applicant’s behalf, we may deny the request.

Right to Know

To exercise your Right to Know, please submit your request by sending an email to jobs@whipmedia.com.

 

In order to have us provide specific pieces of information, we may require a signed declaration under penalty of perjury that you are the California Applicant whose Personal Information is the subject of the request. We will not provide you specific pieces of information that include the Personal Information of other persons, nor will we disclose certain pieces of information that the law requires us not to or that we determine is a high security risk, including your social security number, driver’s license number, financial account number, health insurance or medical information number, account passwords, security questions and answers, or unique biometric data, as applicable.

 

Right to Delete

To exercise your Right to Delete, please submit your request by sending an email to jobs@whipmedia.com.

 

Please note that as part of the verification process, once you submit a request to delete, we may follow up and require you to confirm that you want your information deleted.

Right to Correct Inaccurate Information

If you would like to exercise your Right to Correct, please submit your request by sending an email to jobs@whipmedia.com.

 

Right to Limit The Use and Disclosure of Sensitive Personal Information

As disclosed in the chart below, we may collect certain information in connection with your application for a position with us that is considered Sensitive Personal Information under California law. Under the CCPA, a business must only provide the Right to Limit The Use and Disclosure of Sensitive Personal Information when sensitive personal information is collected or processed for the purpose of inferring characteristics about a consumer, or does not fall under certain statutory exceptions, pursuant to California Civil Code § 1798.121. Whip Media’s use and disclosure of applicants’ Sensitive Personal Information is not used for such purposes and/or falls within this list of exceptions and we therefore do not offer such opt-out right at this time.

 

Do Not Sell or Share

Whip Media does not sell, or share for cross-context behavioral advertising, the Personal Information or Sensitive Personal Information of its applicants.

 

Data Retention

Whip Media will retain all categories of Personal Information described in this privacy notice for as long as is reasonably necessary to fulfill the purposes set forth in this privacy notice or that you authorized after collection, or as otherwise required by law. If you are offered and accept a job with Whip Media, the Personal Information we collected during the application and recruitment process will become part of your personnel record, and we may use it in connection with your working relationship with Whip Media consistent with our personnel privacy policy.

In determining how long we retain your Personal Information, we take into account our legal and regulatory obligations (such as legal requirements to retain your information, financial reporting obligations, and equal opportunity or anti-discrimination reporting obligations), the nature and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of the Personal Information, and whether we may need to retain the Personal Information to resolve disputes, make and defend legal claims, conduct audits, pursue legitimate business purposes and/or enforce our agreements.

 

Users Younger than 16

We do not knowingly sell, or share for cross-contextual behavioral advertising, the Personal Information of applicants younger than 16 years of age.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

California Applicants have the right to not receive discriminatory treatment for exercising their CCPA rights. We will not discriminate against you for exercising your CCPA rights.

PERSONAL INFORMATION WE COLLECT

The Personal Information we collect about you will depend upon your application, how you interact with us, and how your application progresses through our hiring process. Accordingly, we may not collect all of the below information about you.

In addition to the below, we may collect and/or use additional types of information and will do so after providing notice to you and obtaining your consent to the extent such notice and consent is required by the CCPA.

 

Category of Personal Information Collected	Categories of Sources from which the Information was Collected	Business or Commercial Purpose(s) for which Information is Collected	Categories of Third Parties to whom this type of Personal Information is Disclosed for a Business Purpose
Identifiers	We may collect this type of information from: ·       You; ·       Cookies and Tracking Technologies; ·       Third party career portals and other business partners.	We may use this type of information for: ·       Recruitment and hiring; ·       Communication with you; ·       Compliance with legal obligations, including health and safety requirements, requests for information from government agencies, and security investigations.	We may disclose this type of information to: ·    Service Providers; ·    Third parties who may acquire your information as a result of a merger, acquisition or otherwise ownership transition; ·    Third parties or affiliated companies when you agree to or direct that we share your information with them; ·    Other third parties (including government agencies) as required by law or in connection with court proceedings (such as pursuant to subpoenas or court orders).
Any categories of Personal Information described in subdivision (v) of Section 1798.140	We may collect this type of information from: ·       You; ·       Cookies and Tracking Technologies; ·       Third party career portals and other business partners.	We may use this type of information for: ·       Recruitment and hiring; ·       Communication with you; ·       Statistical and analytical purposes; ·       Compliance with legal obligations, including health and safety requirements, requests for information from government agencies, and security investigations.	We may disclose this type of information to: ·    Service Providers; ·    Third parties who may acquire your information as a result of a merger, acquisition, or other ownership transition; ·    Third parties or affiliated companies when you agree to or direct that we share your information with them; ·    Other third parties (including government agencies) as required by law or in connection with court proceedings (such as pursuant to subpoenas or court orders).
Internet or other electronic network activity information	We may collect this type of information from: ·       Cookies and tracking technologies; ·       Third-party career portals and other business partners	We may use this type of information to: ·       Administer our applications, software, and systems; ·       Prevent fraud and enforce Whip Media policies; ·       Run analytics and for other statistical purposes; ·       Comply with legal obligations, including health and safety requirements, requests for information from government agencies, and security investigations.	We may disclose this type of information to: ·    Service Providers; ·    Third parties who may acquire your information as a result of a merger, acquisition or other ownership transition; ·    Third parties or affiliated companies when you agree to or direct that we share your information with them; ·    Other third parties (including government agencies) as required by law or in connection with court proceedings.
Inferences drawn from any of the information identified above to create a profile about You	We may draw these inferences ourselves or acquire them from third-party data resellers or other business partners.	We may use this type of information for: ·       Recruitment and hiring; ·       Statistical and analytical purposes.	We may disclose this type of information to: ·    Service Providers; ·    Third parties who may acquire your information as a result of a merger, acquisition or other ownership transition; ·    Third parties or affiliated companies when you agree to or direct that we share your information with them; ·    Other third parties (including government agencies) as required by law or in connection with court proceedings.
Sensitive Personal Information	We may collect the following information: ·       Identification numbers such as your social security number, driver’s license number or passport number; ·       Your racial or ethnic origin (solely for reporting purposes); We may collect this type of information from: ·       You	We may use this type of information for: ·       Compliance with our legal obligations, including reporting obligations to and other requests for information from government agencies.	We may disclose this type of information to: ·    Service Providers; ·    Third parties (including government agencies) as required by law or in connection with court proceedings (such as pursuant to subpoenas or court orders); ·    Third parties who may acquire your information as a result of a merger, acquisition, or other ownership transition.

More Information

For more information about our privacy practices for Whip Media applicants, please refer to the general Applicant Privacy Policy above.