Privacy policy
1. GENERAL PRINCIPLES
Talentify is committed to protecting the confidentiality of Personal Information to which it has access. In order to bring the attention of Clients (and their Employees and Users) and Visitors to the implemented privacy practices, Talentify has prepared this privacy policy (the Policy), which summarizes : (i) the types of Personal Information collected, (ii) why Talentify collects Personal Information, (iii) how Talentify uses and protects Personal Information, and (iv) under what circumstances Personal Information is shared outside of Talentify when required or permitted under applicable laws. This Policy further describes the decisions that can be made with respect to the collection, access, use and storage of Personal Information. The different sections of our Policy are as follows:
- Definitions and Interpretation
- Collection and Use of Personal Information
- Sharing of Collected Personal Information
- Storage of Personal Information
- Implemented Security Measures
- Third-Party Websites
- Accessing, Correcting and Deleting Personal Information
- Changes to this Policy
- Contacting Talentify
By accepting the Services offered by Talentify and/or by consulting the Public Website, you expressly consent to the collection, use and disclosure of your Personal Information in accordance with this Policy. If you do not agree with this Policy, your only alternative is not to use the Services or access the Public Site, as the case may be.
2. DEFINITIONS AND INTERPRETATION
2.1 In this Policy, the terms set forth below have the following meanings:
- Candidates means natural Persons with whom Talentify may interact as part of the Recruitment Services provided to a Client or in order to fill a Job Offer at Talentify.
- Client means each of the Persons who have entered into a service contract with Talentify under which Talentify provides the agreed Services, including their Authorized Persons.
- Consultants means the self-employed persons, external consultants and other external service providers who may be hired by Talentify to provide the Services to the Customer, whether or not they present themselves to the Customer as employees of Talentify or as subcontractors retained by Talentify in connection with the Services.
- Employees means employees of a Client, as well as external consultants and self-employed persons, as applicable, whose employee records may be managed by Talentify in connection with the Services provided to the Client.
- Talentify refers collectively to Talentify Inc., its Authorized Persons and the Consultants with whom Talentify Inc. does business to offer its services.
- Job Offer means any job opening with a Client for which Talentify provides Recruitment Services or a job opening to be filled with Talentify.
- Person means an individual, corporation, partnership, unlimited liability company, governmental authority, unincorporated organization, trust, association or any other entity.
- Authorized Persons means collectively the directors, officers, employees, agents, contractors, mandataries and beneficiaries of a Party.
- Personal Information means any information about an identifiable individual which may be used to directly or indirectly identify the latter, including but not limited to contact information, address, e-mail address, photo or video and Internet Protocol address, as well as the information contained in the Employees’ files to which Talentify may have access, and information provided by Candidates.
- Services means, collectively, the services that may be provided by Talentify, directly or through Consultants, to its Clients, including: (i) corporate human resources (HR) consulting and assistance services (theHR Support Services) and (ii) recruitment servicesincluding those offered in connection with any Job Offer (the Recruitment Services); as well as services related thereto.
- Public Website means Talentify’s website available at https://talentify360.com or any other URL, accessible to Visitors.
- Cookies designates the small text files that are placed on the hard disk of devices, as applicable, when someone accesses the Public Website, which may either be temporary and disappear when such devices are turned off or be permanent and remain even after such devices are turned off.
- Visitor means any person browsing on the Public Website, including all Candidates who consult or respond to a Job Offer posted on the Public Website.
2.2 Unless the context requires otherwise: (i) grammatical variations of any term defined herein have a similar meaning, and (ii) words importing the singular number shall include the plural and words importing the masculine gender shall include the feminine and neutral genders and vice versa.
3. COLLECTION AND USE OF PERSONAL INFORMATION
In the course of providing its Services, Talentify will collect and/or process various Personal Information regarding natural Persons, including Employees and Candidates. Talentify will also collect Personal Information about Visitors when such Visitors access the Public Website or otherwise contact Talentify. In all cases, such Personal Information is collected and used solely for the purposes described in this Policy, subject to the obligations imposed and rights conferred on Talentify by applicable laws.
3.1 Information collected by Talentify
- Personal Information of Employees. As part of the HR Support Services provided to a Client, Talentify may collect Personal Information from such Client’s Employees as necessary to enable Talentify to provide the Services. The Personal Information collected will vary depending on the exact nature of the Services provided by Talentify to the Client, but may include, without limitation: the name, surname, birthday, phone numbers, e-mail, address, marital status, start date and job title, social insurance number, salary, emergency contacts and medical conditions, disciplinary files, etc. When Talentify collects Employees’ Personal Information in the context of HR Support Services, it acts as a data processor and not as a data controller with regards to the Employees’ Personal Information collected and processed. Employees’ Personal Information collected by Talentify is collected in accordance with the instructions received from the Client to that effect.
- Psychometric evaluations. As part of certain specific Services which may be provided to a Client, Talentify may have access to Personal Information obtained as part of a psychometric evaluation regarding an Employee or a Candidate. This Personal Information can be used to establish a psychological profile on such Person. Should this be the case, Talentify shall use this Personal Information for the sole purpose of analyzing the psychometric evaluation as part of their assessment of a Candidate to fill the Job Offer.
- Comments, requests for information and referrals. Should any Person contact Talentify to obtain information about the Services or about any other matter, Talentify will then be required to collect their contact information (including name, phone number and e-mail address). This information is required by Talentify in order to communicate with such Person, determine whether the Services are available and respond to his/her enquiries, comments or requests for information. Such Person may also provide additional Personal Information, including when making comments, enquiries or suggestions.
- Client support. Should a Person communicate with Talentify’s customer support, Talentify will have access to any information communicated or otherwise disclosed, such as the contact information, as well as any question asked, or comment or statement made. In the case of a Client, Talentify will also have access to the Client’s information accessible in order to offer the Services, which may be used to respond to the Client’s communication. Talentify will thereafter collect the information needed to (i) categorize the communication, (ii) respond to any enquiry, comment or request for information, (iii) send any information requested, and (iv) investigate any breach of the Policy or other applicable terms and conditions. As described in more detail in the Accessing, Correcting and Deleting Personal Information section, any Employee must contact their employer, i.e. the appropriate Client, and not Talentify, if such Employee has any questions regarding a Client’s use of their Personal Information; if such Employee contacts Talentify’s customer service, Talentify will redirect them to the appropriate Client.
- Marketing and social media.Talentify may wish to provide information about its Services. In this regard, Talentify may use the e-mail address or other contact information any Client, Candidate or Visitor may provide from time to time to Talentify to communicate information about new features or services or to send news and information regarding the Services. Such communications will be sent in accordance with applicable laws, and any recipient may withdraw his/her consent at any time as set in the section Accessing, Correcting and Deleting Personal Information.Note that Talentify does not sell or share Personal Information to third parties for marketing purposes and that no marketing initiative is intended for, concerns or targets Employees.
Talentify shares information about itself and its Services on social networks. Any person who interacts with Talentify’s publications on social networks may have their Personal Information collected and processed. Any person should review the privacy settings applicable to such social networks and become familiar with their personal information management practices.
Should Talentify collect information available on social networks, it shall do so on an aggregate and de-identified basis and for lawful purposes only. Note that Talentify’s intended use of social media is not to learn, be added by or to follow Employees, but rather to learn more about its current and potential Clients.
- Testimonials and promotional materials. Should a Client and/or any other person wish (or agree) to render any testimonial, opinion, photo or any other material available online regarding their appreciation of the Services, Talentify may post such promotional materials on its Public Website or any other social media, and may include their name or nickname and any other information they agreed to disclose. Such Clients and/or such other person can thereafter request, at all times, that such materials or other Personal Information be removed from the Public Website and any other social media.
- Collecting applications. As part of the Recruitment Services, Talentify collects Personal Information that is voluntarily provided to it when a Candidate responds to a Job Offer via Talentify’s Public Website. Such application is voluntary, and job applicants choose the information they wish to submit to Talentify; these may include full name, e-mail address, phone number and CV. The Personal Information submitted will be shared only with those Authorized Persons of Talentify and/or its Client, as applicable, who need the information: (i) to assess and verify job applicants’ qualifications, knowledge, skills and experience, (ii) to conduct reference and background checks and otherwise verify the information submitted to Talentify, (iii) to communicate with Candidates, and (iv) to improve the recruitment process. In addition to the Personal Information obtained from Candidates, Talentify may also conduct its own verification and obtain additional Personal Information.
In addition to posting Job Offers for Clients on the Public Website, Talentify may also collect applications submitted by Candidates on Job Offers posted on external recruitment and job search platforms, when these are managed by Talentify as part of the Recruitment Services provided to a Client, regardless of whether the Job Offer is announced as being administered by Talentify, or by the Client in question. In both cases, Talentify will also collect Personal Information provided by the Candidate applying for the Job Offer in the same manner as if the Job Offer had been posted on the Public Website. However, Job Offers posted on external websites and platforms may also be subject to the privacy policies and terms of use of such external websites and platforms. Where applicable, it is strongly recommended that you review the terms of use and policies of these third-party websites, as Talentify is not responsible for their content or practices.
In some cases, Talentify may also contact Candidates directly via external platforms when Talentify believes that a Job Offer may be of interest to a potential Candidate. In such cases, the Personal Information collected from such Candidate will be the same as if the Candidate had responded to a Job Offer, via the Public Website or an external platform, namely such Candidate’s full name, e-mail address, telephone number and CV, and will be treated in the same manner.
3.2 Collecting Personal Information for Clients
Certain Services provided by Talentify may require Clients to provide Personal Information about their own Employees or other Persons. When Talentify collects and uses Personal Information while following instructions received from the Client, Talentify is acting as a service provider to that Client, processing the collected Personal Information on its behalf.
Talentify relies on its Clients to comply with all applicable personal information protection laws when collecting, using or disclosing Personal Information through the Services, including obtaining appropriate consent from its Employees or other Persons prior to collecting, using and disclosing Personal Information through the Services. Where required by law, Talentify enters into agreements governing such sharing of personal information.
If a Person has any questions about the personal information that Talentify processes on behalf of a Client, that Person should contact the Client directly and/or consult the Client’s privacy policy.
3.3 Cookies and similar tracking technologies
When a Visitor navigates the Public Website, certain information, including Personal Information (such as general browser information, Internet Protocol addresses, the interactions with the Public Website and any other information described below) may be collected by automated means, such as through the following types of Cookies and other forms of technology:
- Process Cookies: allow the Public Website to work properly by making it possible to track requests, ensuring the integrity of web pages and allowing the Visitors to browse from one page to another.
- Statistical Cookies: collect data, such as the date and time when the Public Website was last used and the frequency of such uses, the pages or content consulted and the manner in which the Public Website was used, the information provided and the features of their operating systems and connection information (e.g. Internet Protocol address). This information is collected for analytical and statistical purposes, such as to determine how often the Public Website or certain specific pages are visited, and what kinds of features and content seem to be most interesting. This information helps Talentify to improve its Public Website, according to the needs and interests identified.
Other forms of technology can also be used for similar purposes. Cookies and other forms of technology can be blocked unless they are required to allow the Public Website to run properly. For instance, while statistical Cookies can be blocked, the situation is different for process Cookies, as they are essential for ensuring that the Public Website functions properly. However, even if they cannot be blocked without affecting one’s ability to use the Services, these Cookies are of a temporary nature and, accordingly, they will disappear when the browser software is closed or the device is turned off.
Many web browsers allow you to manage your Cookie preferences. You can set your browser to refuse Cookies or to suppress certain Cookies. You may also be able to manage other tracking technologies in the same way. However, if you do so, you may find it difficult to navigate the Public Website or use some of its features.
Google Analytics may collect data on any Visitor’s interactions with the Public Website. This information will then be processed and updated each time the Visitor interacts with the Public Website. To do so, Google Analytics will place codes on the Public Website, which will allow Google Analytics to see what information has been consulted, as well as the browser and device used. Information collected in this way may be shared (in whole or in part) with Talentify so that Talentify may update, improve or otherwise optimize the Public Website, or develop new services. Please visit the site http://www.google.com/policies/privacy/partners to learn how Google Analytics uses this information.
4.SHARING OF COLLECTED PERSONAL INFORMATION
Talentify does not sell, trade or rent Personal Information Furthermore, Personal Information is not shared, used or disclosed to third parties for purposes other than those for which it was collected as described herein, unless required or authorized by law or unless proper consent was obtained, as applicable.
Subject to the exceptions described in this Section 4, Talentify will not share Personal Information of a Client’s Employees to which it may have access as part of the HR Support Services provided to that Client, nor that of a Candidate obtained as part of the Recruitment Services.
4.1 Recruitment Services
If a Candidate who has responded to a Job Offer is not hired by the Client for whom the Job Offer was published, Talentify may, with such Candidate’s permission, retain their Personal Information collected as part of the selection process in order to forward other Job Offers that may be of interest to the Candidate. In this case, the collected Personal Information will be retained in accordance with Section 5 Storage of Personal Information.
4.2 Sharing made in connection with the provision of Services
Personal Information collected by Talentify (including Employees’ Personal Information to which Talentify may have access as part of the Services) may be disclosed to Talentify’s Partners that facilitate the provision of any Service or access to the Public Website, such as by providing assistance to Talentify with respect to the maintenance and development of its Services, including providing software development, data hosting and back-up, billing and marketing or when Talentify subcontracts the provision of Services to Consultants. Disclosure will be made on a “need-to-know” basis, and after establishing that proper contractual and other measures are in place to ensure the protection of the shared Personal Information.
4.3 Client’s Partners
As per the Client’s request, Talentify may from time to time interact with external third parties in order to integrate the Services with other services offered by such third parties for the benefit of the Client. In such cases, it may be necessary to communicate Personal Information to such third parties. Talentify will only make such disclosures at the express request of a Client, and the treatment of Personal Information disclosed in such manner will be subject to the privacy policies and practices of the Client’s third party partner.
4.4 Business transaction
Some Personal Information may be rendered accessible to a potential purchaser or other entity in connection with any business transaction or corporate reorganization, if such communication is necessary for the purposes of deciding whether to proceed with the sale or other transaction, and provided that such disclosure is made in full compliance with applicable laws and in absence of specific requirement with this Policy.
4.5 Law enforcement
Personal Information may be used and disclosed if Talentify, acting reasonably, believes that such use or disclosure is necessary to comply with any applicable law, legal process or governmental request, or is otherwise required to protect its rights or to fulfil any other purpose set forth in the applicable law allowing or requiring the disclosure of Personal Information.
5.CONSERVATION OF PERSONAL INFORMATION
Subject to applicable laws, Talentify shall retain and store Personal Information for use and disclosure consistent with this Policy, as long as necessary for the purposes detailed herein. To that end, Talentify may retain and store Personal Information after the specific purposes for which it was collected have been fulfilled if reasonably necessary: (i) to comply with applicable laws or to prevent any infringement, (ii) to resolve disputes, and (iii) to enforce this Policy or otherwise preserve the rights of Talentify. Once no longer required, the information will be erased.
Talentify is a Quebec company, and it operates in Quebec, using servers and infrastructure located in Quebec. However, to enable Talentify to provide its Services, Talentify may do business with third-party service providers who may themselves be located outside of Quebec. As such, any processing of personal information by such service provider may take place outside of Quebec, including in another Canadian province and in the United States, for the purposes detailed in this Policy. The privacy laws in these jurisdictions may differ from Canadian and Quebec privacy laws. The reasonable measures, contractual or otherwise, that Talentify may take to protect the Personal Information while it is being processed or handled by these service providers are subject to applicable foreign legal requirements, including lawful requirements to disclose personal information to government and law enforcement authorities in certain circumstances. By providing Personal Information in connection with the Services offered by Talentify, you consent to such transfer and hosting.
To obtain more information about Talentify’s policies and practices regarding the transfer and processing of personal information outside Quebec and/or Canada, please contact Talentify’s Data Privacy Officer in one of the ways described in the Contacting Talentify section of this Policy.
6. IMPLEMENTED SECURITY MEASURES
6.1 Talentify uses measures that may be reasonably required to preserve the security and privacy of Personal Information. In this regard, Talentify has notably put in place or currently implements the following measures:
6.1.1 Client Website Access: Measures are taken to ensure that each Talentify Client can only access data relating to itself and its Employees, and cannot access data relating to other Clients.
6.1.2 Securing data in transit: Each time the Public Website is consulted, Secure Sockets Layer (SSL) technology protects Personal Information by using server authentication and data encryption. No Personal Information will be communicated prior to such technology being activated, which can be confirmed by looking (i) at the address bar which will, depending on the browser, have a lock to the left of the website address (URL), and (ii) at the URL or the address bar of the browser, where the first characters of the address in that line should change from “http” to “https”.
6.1.3 Securing data at rest: Personal Information is encrypted when at rest. Personal Information is also encrypted by Talentify when at rest.
6.1.4 Any Talentify Authorized Person or Consultant that can access Personal Information held regarding a Client and/or its Employees in connection with the Services provided to the Client is made aware of the security measures to be taken to protect Personal Information.
6.1.5 Secured data centers: The cloud providers used by Talentify employ various measures to protect the Personal Information they host.
6.2 Despite the foregoing, the Client and any other person shall be aware of the following:
6.2.1 GENERAL CONSIDERATIONS: EVEN IF Talentify USES TECHNOLOGY, WHICH IS OF MERCHANTABLE QUALITY SUITABLE FOR THE PROVISION OF SERVICES, ANY ELECTRONIC PLATFORM OR SERVER – AS WITH ANY OTHER FORM OF FILE – IS NEITHER INFALLIBLE NOR ENTIRELY IMMUNE TO UNFORESEEABLE EVENTS OR FORCE MAJEURE EVENTS, CYBERATTACKS OR UNAUTHORIZED USES AND ACCESS, AND ANY CLIENT, CANDIDATE OR VISITOR AS WELL AS ANY OTHER PERSON SHALL BE AWARE THAT THERE IS A RISK IN TRANSMITTING ANY DATA ELECTRONICALLY. THIS RISK IS INHERENT TO ALL ELECTRONIC DEALINGS, AS WELL AS TO ALL OTHER FORMS OF COMMUNICATION. CONSEQUENTLY, Talentify CANNOT GUARANTEE THAT INFORMATION WILL NEVER BE INTERCEPTED OR VIEWED OR SUBJECT TO OTHER INCIDENTS. SUCH EVENTS MAY OCCUR, PURSUANT TO WHICH DEVICES OR SYSTEMS CAN BE ACCESSED OR CONTROLLED BY UNAUTHORIZED PERSONS, AND UNDESIRABLE COMMUNICATIONS AND INVITATIONS MAY BE RECEIVED. SHOULD THE CLIENT OR ANY PERSON RECEIVE A COMMUNICATION THAT LOOKS LIKE IT IS FROM Talentify ASKING FOR PERSONAL INFORMATION, THE CLIENT OR SUCH PERSON SHALL AVOID RESPONDING TO SUCH COMMUNICATION. Talentify WILL NEVER REQUEST FINANCIAL AND OTHER SENSITIVE INFORMATION THAT WAY. IF THE CLIENT OR ANY PERSON HAVE COMMUNICATED PERSONAL INFORMATION IN RESPONSE TO A SUSPICIOUS E-MAIL, POP-UP OR PHONY WEBSITE CLAIMING TO BE AFFILIATED WITH Talentify OR IF ANY OF THE FOREGOING EVENTS TAKES PLACE, PLEASE CONTACT Talentify IMMEDIATELY.
6.2.2 Measures to be implemented: The Clients acknowledge and agree in their name and on behalf of their respective users that said Authorized Users and their respective users are responsible for implementing and strictly adhering to all physical, electronic, technological, organizational, contractual and other security measures, processes and safeguards to ensure that the confidentiality of the files and information they sent or received is preserved.
7. THIRD-PARTY WEBSITES
Should any link to third-party websites be provided on the Public Website, any person, accessing these third-party websites, shall be aware that these sites operate independently and are subject to distinct terms of use and privacy policies. It is strongly recommended that the user review the distinct terms of use and policies of such third-party websites, as Talentify is not responsible for the content or practices of any such websites.
8. ACCESSING, CORRECTING AND DELETING PERSONAL INFORMATION
8.1 Requests from the Client and its Employees
In accordance with applicable laws, any Client may access or correct Personal Information collected by Talentify as part of the Services provided, including for billing, business relationship maintenance, advertising or other purposes. It is important that the personal information Talentify holds about its Clients is accurate and up-to-date. Please keep us informed of any necessary changes to your personal information.
Talentify will take steps not to store Personal Information longer than is necessary to provide the Services, subject to its legal obligations or to its rights under applicable laws. At the request of a Client, Talentify will delete all Personal Information held in connection with that Client, including that of its Employees that may be stored by Talentify. In this regard and as required, the Client is responsible for ensuring that proper copies of Employees’ Personal Information (and any other information, as applicable) are saved.
In the event that a current or former Employee of a Client wishes to access their Personal Information obtained by Talentify in connection with the Services provided to the Client, the Employee shall contact the Client directly, who shall be responsible for processing the access request in accordance with applicable laws. If an Employee contacts Talentify regarding his or her Personal Information, Talentify will redirect the Employee to the Client.
In some cases, applicable laws may require Talentify to deny a Client or an Employee access to some or all of their Personal Information held by Talentify, or which Talentify may have destroyed, erased or made anonymous in accordance with its legal record-keeping obligations and best privacy practices. If Talentify is unable to provide a Client or an Employee with access to their personal information, Talentify will inform them of the reasons, subject to any legal or regulatory restrictions. Such restrictions may include, for example, references to information regarding another person that would reveal their personal information or confidential commercial information, or information that is difficult and prohibitively expensive to obtain.
8.2 Requests from Candidates and Visitors
In the event that a Candidate has communicated their Personal Information to Talentify in connection with a Job Offer administered directly by Talentify, on the Public Website or on another platform, or if Personal Information regarding a Visitor has been collected by Talentify, and that Candidate or Visitor, as the case may be, wishes to consult, update or have deleted their Personal Information, they may contact Talentify in this regard, using the contact information indicated at the bottom of this Policy. Talentify may not accept a request to change information if there is reason to believe that the change would violate a law or legal requirement or would result in incorrect information in their records.
Before granting access, providing or making any requested change to collected Personal Information, Talentify may request information from the Candidate or the Visitor, as applicable, in order to confirm their identity and right of access to such information. In some cases, applicable laws may require Talentify to refuse access to some or all of the Personal Information, or which Talentify may have destroyed, erased or made anonymous in accordance with its legal obligations to store records and best practices for the protection of personal information.
If the deletion of Personal Information is requested by the Candidate or the Visitor, Talentify may not be able to provide certain services. The consequences of deleting Personal Information will be explained to the Person once the request has been received, in order to assist him or her in making a decision.
If Talentify is unable to provide a Person with access to their Personal Information, that Person will be informed of the reasons, subject to any legal or regulatory restrictions. Such restrictions may include, for example, references to information regarding another person that would reveal their personal information or confidential commercial information, or information that is difficult and prohibitively expensive to obtain.
8.3 Withdrawal of consent
Talentify may communicate with the Client, Candidate or Visitor for promotional and marketing purposes. Talentify will generally use the same means of communication the Client, Candidate or such Visitor chose to contact Talentify or the preferred means specified by the Client, Candidate or Visitor. Should any recipient wish to be removed from one or more of Talentify’s promotional mailing lists, such recipient should click on the ready-to-use “unsubscribe” mechanism provided at the bottom of each e-mail or simply reply to that e-mail with the word “STOP” or “Unsubscribe”.
9. CHANGES TO THIS POLICY
Talentify reserves the right to change or modify this Policy from time to time. Any material change will be notified to the Clients, Candidates and Visitors or any other Person prior to the change taking effect via a web banner or by any other means. Thereafter, the Policy as updated will be made available and easily accessible. Furthermore, an updated version of this Policy will be published each time a minor change is made. Anyone may determine whether this Policy has changed by looking at the effective date appearing at the top of said Policy. Talentify recommends that this Policy be reviewed periodically in order to assess Talentify’s current practices, as the continued use of the Services and/or Public Website shall constitute acceptance of any amendment thereto. Should the Client or any other person, as applicable, disagree with the amendments made to this Policy or other applicable terms and conditions, the Client, Candidate, Visitor or such person shall immediately stop accessing or using the Services and/or Public Website.
10. CONTACTING Talentify
All questions and comments regarding this Policy or requests made in connection with it should be directed to Talentify’s Data Privacy Officer at the following contact information:
Data Privacy Officer
benoit.decesare@talentify360.com
340, des Jonquilles, St-Eustache, Qc, J7P 0B7
Requests and demands made will be dealt with as soon as possible.