Recruiting Privacy Notice

This Recruiting Privacy Notice ("Notice") explains Movable Ink’s handling of your personal data.  

When we say "Movable Ink", "we" or "us" in this document, we mean the employer to which you are applying for a job, which is:

• Movable, Inc. (in the U.S.)

• Movable Ink Ltd (in the UK) 

As with many other Movable Ink policies, this Notice does not guarantee that you will be hired and, if you are hired, this document will not be part of your contract of employment, and we may update it from time to time.

What categories of personal data does Movable Ink collect about me and why does Movable Ink use it?

Movable Ink will collect, process and use the following categories of personal data about you in your capacity as a past, present or prospective candidate for employment or for other direct working relationship with Movable Ink (“Candidate Data”):

• identification data, such as your name, citizenship, photo, applicant ID, date and place of birth, signature, as well as more sensitive data such as Social Security number, driver’s license number, state identification card number, passport number, national identification number, as well as other government-issued identification information;

• contact details, such as your home address, telephone number and email address;

• audio or visual information, such as interviews by videoconference and voicemails;

• social media profile information, if you choose to apply online by using your profile; and

• information about your job record, education, and additional application-relevant data, such as position, business title, employee type, management level, time type (full or part time and percentage), work location, division, department, position level, manager (name & ID), support roles, start and end date, job history (including position history, title history, effective dates and past pay groups), CV or resume, qualification testing results, education history, skills, certifications, background check results, reason for leaving, and other information from interviews with you, your references or other third parties.

We collect and use this Candidate Data for a variety of reasons linked to your candidacy.  To help clarify these we have set out below a list of reasons why we collect and use this data (the “Processing Purposes”) along with examples of some of the Candidate Data used for each of the Processing Purposes:

• evaluating and responding to your employment application, including reviewing your education and job history, facilitating interviews, checking references and conducting background checks, and notifying you of relevant additional vacancies with us that may interest you, which typically involves the processing of identification data, contact details, and information about your job record and, where appropriate and permitted by law, other personal history;   

• complying with applicable laws and pre-employment-related requirements along with the administration of those requirements, such as income tax, social security deductions, and employment and immigration laws, which typically involves the processing of identification data, contact details, information about your job record;

• monitoring and ensuring compliance with applicable policies and procedures and laws, including conducting internal investigations, which typically involves the processing of identification data, contact details, information about your job record and potential job;

• communicating with you, Movable Ink employees and third parties, which typically involves the processing of identification data, contact details, information about your job record and potential job and other data relevant to your application; and

• responding to and complying with requests and legal demands from regulators or other authorities in or outside of your home country, which typically involves the processing of identification data, contact details, information about your job record, and could include processing of any other categories of Candidate Data depending on the nature of the demand.

Certain types of Candidate Data that Movable Ink collects, processes and uses fall into the following special categories of personal data which we describe as “Special Category Candidate Data” when European legislation like the General Data Protection Regulation (“GDPR”) applies:

“Special Category Candidate Data”:

• health and medical data, such as information on disability for purposes of accommodating the work place and compliance with legal obligations;

• criminal records data, in the event you have to go through a criminal records background check, where relevant and appropriate to your role;

• trade union membership where required to address labour law; and

• race or ethnicity data such as information contained in your passport or other citizenship and right to work documentation, and information which you have voluntarily provided to Movable Ink for the purposes of our equal opportunities and diversity monitoring and initiatives.

The California Consumer Privacy Act (“CCPA”) classifies the Candidate Data we handle as: 

• Identification and contact information and related identifiers;

• Professional or employment-related information;

• Education Information;

• Internet, electronic network, and device activity and device information and related identifiers;

• Audio or visual information;

• Characteristics of potentially protected classification information; and 

• Health information.

Why does Movable Ink need to collect, process and use my Candidate Data?

Where applicable, certain data protection laws outside the United States require Movable Ink to explain to you the legal bases for our collecting, processing and use of your Candidate Data:

For Candidate Data, our legal bases generally are:

• taking steps at your request prior to entering into a contract of employment or other contract with you; 

• compliance with legal obligations, in particular in the area of labour and employment law, social security and social protection law, data protection law, tax law and corporate compliance laws; 

• legitimate interest of Movable Ink or its affiliates; 

• your consent, where that is appropriate and allowed by local data protection law. 

Where we talk about legitimate interests of Movable Ink or its affiliated third parties, this can include: 

• sharing information within our corporate family;

• human resources management;

• workplace safety;

• prevention of fraud, misuse of company IT systems, or money laundering;

• physical security, IT and network security;

• addressing certain domestic or foreign legal requirements;

• internal investigations;

• dispute resolution; 

• responding to due diligence requests, and

• preparation for and participation in mergers, acquisitions, asset sales or transfers, or other similar transaction.

For Sensitive Candidate Data, our additional processing justifications outside the United States generally are, where permitted by law:

• explicit consent as allowed by local data protection law; 

• to carry out the obligations and to exercise the specific rights of Movable Ink or you in the field of employment and social security and social protection law as permitted by local data protection law and/or a qualifying collective agreement; 

• to establish, exercise or defend legal claims or whenever courts are acting in their judicial capacity; 

• for substantial public interest as permitted by local data protection law; and

• for assessment of your potential working capacity as permitted by local data protection law.

Under the CCPA, California residents have certain rights to opt out of most disclosures of personal data that qualify as a “sale” or “sharing” of personal data as those terms are narrowly defined in the CCPA.  Although we make various disclosures of your personal data (as detailed below), in 2022, we did not “sell” Candidate Data as that term was defined in the CCPA at that time and do not plan to engage in such disclosures of personal data in the future.  We also did not and do not plan to “share” Candidate Data as defined in the CCPA.  Movable Ink does engage in what the CCPA calls “sales” and “sharing” of personal data collected from visits by Californian candidates to our website movableink.com, and you can find more details about those practices in our general Privacy Policy for that site or visit our  Your Privacy Choices / Do Not Sell/Share pages for opt-out instructions (which include steps to opt out of those cookies).

How long will Movable Ink keep my personal data?

It is our policy not to retain personal data after we determine it is no longer necessary for the Processing Purposes.  Where personal data is kept beyond the time that we normally would need to keep it, that period will be determined based on the applicable local law.  Because we may collect and use the same category of personal data for different purposes and in different contexts, and because rules differ by jurisdiction, there is not typically a fixed retention period that will always apply to a particular category of personal data.  For example: (i) we plan to retain the copies of the SSNs that we collected from successful candidates that are reflected in the income tax records that we then generate as part of their employment, until at least 10 full calendar years after termination of their employment; (ii) we may retain server logs reflecting California traffic to our website for several years for security purposes; and (iii) we typically delete voicemails soon after responding to them or resolving the matter under discussion.  Data about individuals who reside outside California is handled differently and may be subject to different retention periods.

How does Movable Ink collect my information?

We collect Candidate Data and Sensitive Candidate Data from you:

• During the recruitment process, such as in interviews.

• In preparation for the start of employment.  

At times, we may also receive data about you from third-party sources, including:

• Other Movable Ink companies.

• Recruiters and other referral sources.

• Background check agencies (e.g., Sterling Talent Solutions), if you participate in a background check process in compliance with local law.

• Other services that assist us with recruiting efforts, such as a travel agency.

• Your former employers, and other references you provide.

• Publicly available sources, such as your profile on LinkedIn or your employer’s website.

To whom might Movable Ink disclose my personal data?

Movable Ink may transfer personal data for the Processing Purposes to the following:

• Other members of the Movable Ink corporate family.  Movable Ink companies process the data for the Processing Purposes and handle it pursuant to this Notice. 

• Vendors.  As necessary for the Processing Purposes described above, personal data will be disclosed to third parties that provide services to us ("Vendors).  For example, the Service Providers may provide us services related to recruiting administration, IT system support, training, compliance, and other activities relevant to the Processing Purposes, and will be subject to appropriate contractual obligations.

• Regulators, authorities and other third parties.  As necessary for the Processing Purposes described above, personal data may be transferred to regulators, courts and other authorities (e.g., tax and law enforcement authorities), independent external advisors (e.g., auditors and legal advisors), directors of Movable Ink companies, insurance carriers, benefits providers, internal compliance and investigation teams (including external advisers appointed to conduct internal investigations).

• Acquiring entities.  If a Movable Ink entity may be sold or transferred in whole or in part (or such a sale or transfer is being contemplated), your personal data may be transferred to the new employer or potential new employer as part of the transfer itself or as part of an initial review for such transfer (e.g., due diligence), subject to any rights provided by applicable law, including jurisdictions where the new employer or potential new employer are located.

Some of the recipients to whom we may disclose Candidate Data with may be located in countries outside the United Kingdom, European Union and European Economic Area, including in jurisdictions that have not been recognized as providing an adequate level of protection.  In such cases, we make the transfers in compliance with applicable law, typically in reliance on Standard Contractual Clauses approved by the UK Information Commissioner’s Office and European Commission for such purposes.  You may request a copy of the Standard Contractual Clauses by contacting us as described below. 

What rights do I have in respect of my personal data?

Under the data protection laws applicable to our locations outside the United States, candidates have a number of special rights in relation to their Candidate Data.  These can be subject to important exceptions and vary by countries.  Where they apply, they can be summarized in broad terms as follows, except that rights available to Californians are discussed in the following section of this Privacy Notice: 

(i) Right of access

You have the right to confirm with us whether your personal data is processed, and if it is, to request access to that personal data including the categories of personal data processed, the purpose of the processing and the recipients or categories of recipients, and other information about the processing.  We do have to take into account the interests of others though, so this is not an absolute right, and in some cases permitted by law we may charge a fee.

(ii) Right to rectification

You have the right to rectify inaccurate or incomplete personal data concerning you. 

(iii) Right to erasure 

You have the right to ask us to erase certain personal data concerning you. 

(iv) Right to restriction of processing

In limited circumstances, you may have the right to request that we restrict processing of your personal data.

(v) Right to data portability

You may have the right to receive certain personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to have the data transmitted to another entity.

(vi) Right to object and rights relating to automated decision-making

You have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data, including profiling, by us and we can be required to no longer process your personal data.  This may include requesting human intervention in relation to an automated decision so that you can express your view and to contest the decision.

(vi) Right to withdraw consent

In the very limited cases in which we may process your personal data on the basis of your consent, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

To exercise any of these rights, or other rights, please contact us as described at the end of this Notice. 

You also have the right to lodge a complaint with the competent data protection supervisory authority.

What special information applies to residents of California?

The details in this section apply only to personal data we handle about Candidates who are residents of California.  It does not cover personal data or practices that are exempt from the CCPA, and it does not cover personal data about individuals who reside outside California.

In 2022, we made the following disclosures of Candidate Data that we collected about California residents that year:

California residents have certain rights regarding their personal data under the CCPA. Under the CCPA, you may request:   

• access to your personal data; 

• correction of personal data that is inaccurate; 

• deletion or removal of your personal data; or 

• certain details about the categories of personal information we have collected about you in the preceding 12 months; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties to whom we have disclosed certain personal information, similar to the detail in this Privacy Notice. 

Exceptions to Your Rights: There are certain exceptions to those rights. For instance, we may retain your personal data if necessary to comply with law, even if you request its deletion.

Exercising Your Rights: To exercise one of the rights above and receive the fastest response, please visit https://movableink-privacy.my.onetrust.com/webform/51057d8f-0c35-45ff-b882-c22eabb84a08/44b4a608-8d96-45fb-94b9-b4222bda122b Alternatively, you can make your CCPA request via voicemail at 1-800-270-6033.

We will take reasonable steps to verify your identity before responding to a request. In doing so, we may ask you for verification information so that we can match verification points with information we maintain in our files about you. If we are unable to verify you through this method, we may request additional information from you.

You can designate an authorized agent to make a CCPA request on your behalf. To do so, we must receive a legally sufficient power of attorney signed by you pursuant to California Probate Code sections 4121 to 4130, or other written authorization acceptable to us, for the agent to act on your behalf. You may still need to verify your identity and confirm the agent’s authority directly with us if we are not convinced of the validity of the agent’s request. For security and legal reasons, we may refuse to accept requests that require us to visit an agent’s website. You may not share your login credentials with an agent or any other third party. We are not responsible for the security risks of giving an agent browser access or any other arrangements that you may have with an agent.

We do not use California “sensitive personal information” (as defined by the CCPA) in a manner would require us to comply with the CCPA obligation to offer individuals a special right to limit our handling of that data due to its sensitive nature. 

It is your right not to be discriminated against or retaliated against for exercising your CCPA rights.

Who can I contact about this?

Californians who wish to exercise their CCPA rights should use the contact methods described above.  

If you have concerns or questions regarding this Notice or if you would like to exercise your other rights as a data subject, you may contact:

Movable, Inc.
1065 Sixth Ave., 9th Floor
New York, NY 10018
Attn: People Department
Email: peopleteamhelp@movableink.com