Candidate Privacy Notice

We at Kustomer, LLC. and our affiliates and subsidiaries (“Kustomer,” “Company”, “we,” “us,” or “our”) are committed to protecting the privacy and security of the personal information you provide to us. Please read this Job Applicant Privacy Notice (the “Privacy Notice”) to learn how we collect and process your personal information when you apply for a job or other role with us. As a job applicant, you have the right to know and understand the categories of personal information we collect about you, and the purposes for which we use such personal information. The Company does not sell or otherwise disclose this personal information for monetary or other consideration to any third parties.

Categories of Personal Information Collected

In each case as permitted by applicable law, we collect the following categories of personal information for the purposes described below:

• Personal identifiers, such as your name, preferred name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, date of birth, and other similar identifiers.
• Personal Records, such as your signature, Social Security number, address, telephone number, education, employment or employment history.
• Protected characteristics, such as minority, veteran and disability status, through voluntary self disclosure. Such information will only be collected as permitted by applicable law and will not be used to make hiring decisions.
• Work authorization and immigration information, such as your citizenship or residency status, right to work documentation, visa type and status, work permit information, and any other information necessary to assess or facilitate your legal authorization to work in the relevant jurisdiction.
• Compensation information, such as your current or expected salary, compensation history, or other remuneration information that you voluntarily provide in connection with your application.
• Internet or other similar network activity information, such as your IP address, log-in information or information regarding your interaction with a website, application or advertisement.
• Geolocation Data, such as IP addresses from which we can determine your general location.
• Sensory data, such as audio and visual information, for example if you use video interviewing as part of the application process. If you visit our facilities, your entry and exit may be monitored by CCTV.
• Professional or employment-related information, such as your work history, references, information about skills and abilities, accomplishments and awards, training and development information, performance evaluation information, and employment termination information.
• Education information, such as your education history, education records (such as grades, transcripts and class lists), and other information included in your resume or cover letter.
• Inferences drawn from other personal information, such as a profile reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.
• Other: Job interview notes, responses to screening questions, assessment results, and any other information you provide in connection with the recruitment process. We also collect legal and contractual information, such as information necessary to respond to law enforcement and governmental agency requests, comply with legal and contractual obligations, exercise legal and contractual rights, and initiate or respond to, or establish, exercise and defend, legal and contractual rights claims.

Sources of Personal Information

We collect personal information you voluntarily provide to us when you apply for a job or otherwise contact us in the recruitment context. If you are visiting our website or online job application, we may also automatically collect device information such as IP addresses and device identifiers. We may also combine personal information collected from other sources with the personal information that you provide to us. For example, we may collect information from:

• Recruiters and executive search agencies
• Prior employers (e.g., for references)
• Professional references you provide to us
• Educational institutions
• Pre-employment screening services
• Credentialing and licensing organizations
• Employee referrals, where you have been referred by a current Kustomer employee and such referrals are permissible under applicable law
• Publicly available sources such as your social media profile (e.g., LinkedIn, X (formerly Twitter), Facebook, GitHub, and other publicly accessible professional profiles and portfolio sites)
• Other sources as directed by you

Use of Personal Information

We use and retain the categories of personal information listed above for the following purposes (including after the position you are applying for has been filled):

• Process and manage your application: We use your personal information to process your job application, establish a job applicant profile for the recruitment process, assess your qualifications for a specific role with us, schedule and conduct interviews, communicate with you, and carry out background and reference checks (see the following bullet point for additional information). We may collect audio and visual information of job applicants through photographs used for identification purposes. With your consent, we may record video of you in connection with the application process, for example through a third party screening service. Additionally, if you are offered a position with us, we may use your personal information in the employee on-boarding process.
• Conduct reference and background checks (as permitted by applicable law): We use personal information we collect to conduct reference checks and to evaluate your qualifications and experience. We may also conduct background checks (as authorized by you and permitted by applicable law).
• Provide immigration support: If applicable and as permitted by applicable law, we may collect your personal information to assist with immigration support, such as applying for visas or work permits.
• Analyze and improve our recruitment process and tools: For example, we analyze trends in our applicant pool, and use personal information to understand and improve our recruitment process and tools (including improving diversity and inclusion). If you use our online job application process, we collect personal information in this category, such as your interactions with our “Careers” page and our online application process. We collect IP address location information to better understand how candidates use our careers page and online application process.
• Record-keeping: We keep records of your personal information as required by law and in accordance with our record retention policies.
• Meeting legal requirements and enforcing legal terms: We collect and process your personal information for purposes of: fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities; protecting the rights, property or safety of you, us or another party; enforcing any agreements with you; responding to claims; and resolving disputes. Additionally, we may use information about protected characteristics to analyze and monitor the diversity of our job applicants in accordance with applicable laws.

Disclosure of Personal Information

We may share your personal information as necessary for the purposes described in this Privacy Notice, including internally with our personnel involved in the hiring process. For example, we share your personal information with the following parties:

• Affiliates: We may share your personal information with our affiliates.
• Service Providers: We use service providers to operate, host and facilitate our hiring and recruitment process. These include hosting, technology and communication providers; security and fraud prevention consultants; analytics providers; background and reference check screening services; hiring process management tools; and AI-assisted screening, interview, and assessment tools.
• Government authorities and law enforcement: In certain situations, we may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
• Business transfers: Your personal information may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).
• Professional advisors: We may share your personal information with our professional advisors.
• Other: We may also share your personal information with third parties in conjunction with any of the activities set forth under “Meeting legal requirements and enforcing legal terms” in the “Use of Personal Information” section above.

Retention of Personal Information

We retain your personal information for as long as necessary to fulfill the purposes described in this Privacy Notice, or as required by applicable law. For applicants who are not hired, we retain personal information through the application process and for a reasonable period thereafter to document our hiring decisions, comply with our legal obligations, and establish, exercise, or defend legal claims. If you are hired, your personal information will be retained in accordance with our employee privacy policies. Where we retain your information to consider you for potential future roles, you may opt out of such retention at any time by contacting privacy@kustomer.com.

International Data Transfers

Because we operate as part of a global business, we may transfer, store, or process your personal data in a country different and potentially less protective, from where you reside. If you reside in the European Economic Area or the United Kingdom, while we may transfer, store, or process your personal data in a country that is not regarded as ensuring an “adequate” level of protection for personal data, we have and will continue to implement measures designed to ensure that your personal data is adequately protected and that the transfer is lawful, such as the EU–U.S. Data Privacy Framework, the UK Extension to the EU–U.S. Data Privacy Framework, the Swiss–U.S. Data Privacy Framework, or where appropriate the EU Standard Contractual Clauses and their UK equivalents.

Contact for Questions

If you have any questions or concerns regarding this Privacy Notice or the collection of your personal information, please contact: privacy@kustomer.com. Job applicants with disabilities may access this notice in an alternative format by contacting talent@kustomer.com.

Supplemental Information for UK Candidates

The following supplements this notice for candidates located in the United Kingdom. Where there is any conflict between this section and the rest of this notice, this section governs.

Data Controller

Kustomer, LLC (830 Morris Tpke, 4th Flr, Short Hills, NJ 07078, USA) is the data controller for personal information collected during the recruitment process. Where you are engaged through a UK employment agency, that agency may act as a separate or joint data controller for data it independently collects and processes; please refer to the agency’s own privacy notice for details of their processing.

Article 27 Representative

Kustomer has designated VeraSafe as its representative in the United Kingdom for data protection matters pursuant to Article 27 of the UK GDPR. You may contact VeraSafe directly regarding Kustomer’s processing of your personal information:

VeraSafe United Kingdom Ltd.
37 Albert Embankment, London SE1 7TL
verasafe.com/public-resources/contact-data-protection-representative
+420 228 881 031

Lawful Basis for Processing

We process your personal information where necessary to consider your candidacy for employment, to take pre-contractual steps at your request, to comply with our legal obligations, based on your consent, and where we have a legitimate interest in hiring qualified candidates. Where processing is based on consent, you may withdraw it at any time without affecting the lawfulness of prior processing.

Retention

We retain your personal information only as long as necessary for the purpose collected:

* If you are unsuccessful, decline an offer, or withdraw your application, we may retain your information to consider you for potential future positions and as long as needed to comply with applicable law. You may request deletion of your personal information at any time by contacting privacy@kustomer.com, though we may retain certain information where required by law or to establish, exercise, or defend legal claims.

International Transfers

Your personal information will be transferred to and processed in the United States. We rely on the UK Extension to the EU–U.S. Data Privacy Framework (UK–US Data Bridge) as the primary mechanism for these transfers. Where that framework does not apply to a specific transfer, we use the UK International Data Transfer Agreement (IDTA) or the UK Addendum to the EU Standard Contractual Clauses.

Your Rights

Subject to applicable law, you have the following rights in relation to your personal information:

• Right of Access: You have the right to obtain confirmation of whether we are processing your personal information, and to receive a copy of the personal information we hold about you, along with supplementary information about how it is used.
• Right to Rectification: You have the right to request that we correct any inaccurate personal information we hold about you and that we complete any incomplete personal information.
• Right to Erasure: You have the right to request that we delete your personal information where it is no longer necessary for the purposes for which it was collected, where you have withdrawn consent and there is no other legal ground for processing, where you have objected to processing and there are no overriding legitimate grounds, where the processing is unlawful, or where erasure is required to comply with a legal obligation.
• Right to Restriction of Processing: You have the right to request that we restrict or suspend the processing of your personal information in certain circumstances, for example while we verify its accuracy or consider an objection you have raised.
• Right to Data Portability: Where processing is based on your consent or on the performance of a contract and is carried out by automated means, you have the right to receive the personal information you have provided to us in a structured, commonly used, and machine-readable format, and to transmit that data to another controller without hindrance from us.
• Right to Object: You have the right to object to processing of your personal information that is carried out on the basis of our legitimate interests. Where you object, we will cease processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or the processing is necessary for the establishment, exercise or defence of legal claims.
• Right to Withdraw Consent: Where we rely on your consent as the legal basis for processing, you have the right to withdraw that consent at any time without detriment. Withdrawal of consent does not affect the lawfulness of any processing carried out prior to the withdrawal.

To exercise any of these rights, please contact us at privacy@kustomer.com or reach our UK representative VeraSafe at the address set out above. We will respond within one month of receipt of your request, though we may extend this period by a further two months where necessary given the complexity or number of requests, in which case we will notify you. We may need to verify your identity before processing your request. We may refuse requests that would infringe the privacy rights of others or that conflict with our legal obligations, but we will explain the reason if we do so.

Right to Complain

If you believe we have not handled your personal information in accordance with UK GDPR, you have the right to lodge a complaint with the Information Commissioner’s Office (ICO) at ico.org.uk/make-a-complaint or by calling 0303 123 1113.