Alignerr Worker Terms of Service
This Agreement is made between the individual performing services ("Worker") and Labelbox Inc. dba Alignerr Corporation ("Alignerr"). Worker may perform services for one of Labelbox's clients, partners, and contacts ("Client").
Non-circumvention. Worker acknowledges that Alignerr has a proprietary interest in the relationships it has with its clients, partners, and contacts. Worker understands that they may be introduced to these parties directly or indirectly through the course of their work. Worker agrees not to work directly or indirectly, in a paid or unpaid capacity, for any individual, company, or organization that Alignerr introduces them to during the term of their engagement and for a period of 2 years following the termination of their engagement with Alignerr, without obtaining the prior written consent of Alignerr. Any breach of this provision shall be considered a material breach of this agreement and may result in legal action.
Salary negotiations. The Worker agrees to conduct all salary negotiations and discussions about compensation exclusively through the Alignerr platform. Direct negotiations with Alignerr's Clients, partners, or contacts outside of this platform are prohibited and may result in termination of engagement with Alignerr. Compensation terms offered through Alignerr are final and binding; any changes must be processed via the Alignerr platform. This ensures transparency and consistency in salary negotiations, maintaining professional integrity within the Alignerr community.
Modification of Terms. Alignerr reserves the right to modify, update, or change these Terms of Service at any time without prior notice. Any changes will be effective immediately upon posting the revised Terms of Service on the Alignerr platform. Alignerr will make best efforts to notify users of any material changes to the Terms of Service, such as through email or a prominent notice on the platform. However, it is the Worker's responsibility to review the Terms of Service periodically for any updates or changes. The Worker's continued use of the Alignerr platform after the posting of any changes constitutes their acceptance of the revised Terms of Service. If the Worker does not agree to the revised Terms of Service, they must discontinue their use of the Alignerr platform.
Alignerr Worker Privacy Policy
At Alignerr, we are committed to protecting the privacy and security of our users' personal information. This Privacy Policy outlines how we collect, use, and share data provided by individuals ("Workers") who use our platform to connect with potential employers and perform services. By using the Alignerr platform and agreeing to our Terms of Service, you acknowledge and consent to the data practices described in this Privacy Policy.
Data Usage and Sharing
Worker acknowledges that their data, including interview recordings, transcriptions, resumes, and other information shared through the Alignerr platform, may be sent to external services for evaluation purposes. This includes sharing data with third-party large language model providers to assess candidate interviews.
Images from the Worker's interview may be used to generate high-quality, professional photos displayed to potential employers alongside their profile. This process may involve sending image data to third-party APIs.
User data may be utilized to improve the quality of Alignerr's models. For example, a selection of interviews may be used in a dataset to train models for talent evaluation.
User data, including resumes, AI interviews, salary expectations, and other information shared through the platform, will be accessible to companies hiring through Alignerr. Occasionally, Alignerr may also surface relevant information about the Worker from external websites where they maintain a profile.
By using the Alignerr platform and agreeing to these terms of service, the Worker acknowledges that their data will be collected, used, and shared as described in the "Data Usage and Sharing" section above. Alignerr reserves the right to use and share the Worker's data for the purposes outlined in this agreement. If the Worker wishes to have their data deleted from Alignerr's systems, they may submit a request through the relevant support channels provided by Alignerr. Alignerr will comply with such requests in accordance with applicable laws and regulations. However, the Worker understands that certain data may be retained for legal, regulatory, or business purposes, even after a deletion request has been processed.
RELEASE AGREEMENT
PLEASE READ THIS RELEASE AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT CONTAINS THE EXCLUSIVE TERMS BETWEEN LABELBOX, INC. (“LABELBOX”) AND YOU.
BY CLICKING “I ACCEPT” BELOW OR BY AGREEING TO PARTICIPATE IN AN INTERVIEW (AS DEFINED BELOW), YOU WILL CREATE A LEGALLY ENFORCEABLE CONTRACT AND AGREE TO BE BOUND BY THESE TERMS WITHOUT MODIFICATION. YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO EXECUTE THIS AGREEMENT (AND THAT IF YOU ARE EXECUTING THIS AGREEMENT ON BEHALF ON AN ENTITY YOU HAVE ALL RIGHTS AND AUTHORITY NECESSARY TO DO SO).
IF YOU DO NOT OR CANNOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT ENGAGE WITH US IN ANY MANNER AND LABELBOX WILL HAVE NO OBLIGATIONS WHATSOEVER TO YOU OR ANY ENTITY YOU PURPORT TO REPRESENT.
This Agreement affects your legal rights. Please read it carefully.
1. You, the undersigned, hereby agree to participate in a video interview for (the "Interview "), conducted by or on behalf of Labelbox, and hereby grant Labelbox an unlimited, irrevocable, worldwide, royalty-free, perpetual right to use, reuse, modify, publish and disseminate the Interview and your name, audio, photographic, video, and other likeness of you, as well as any materials you made available for the purposes of the Interview including in each case, any portion thereof (collectively, the “Content”) for any purpose. You represent and warrant that you have the authority and capacity to execute this Release Agreement.
2. Labelbox and its successors, licensees and assigns shall own all right, title and interest in and to the Interview and have your permission to record the Interview, download, broadcast, distribute, exhibit, evaluate, make derivative works of and otherwise fully exploit the Interview, and allow others to do all of the foregoing, in any and all media now known or hereafter devised including, without limitation, via the internet, mobile and handheld devices, all other forms of digital transmission and exhibition throughout the world in perpetuity.
3. To the extent the Interview is conducted for purposes of Alignerr.com (“Alignerr”), you understand that all information disclosed during the Interview is subject to the Alignerr Worker Privacy Policy above, including but not limited to any personal information, technical information or supplemental materials shared during the Interview.
4. You understand and acknowledge that Labelbox has the right to edit the Content and to combine the Content with other material related to the Interview. You further understand and acknowledge that Labelbox has no obligation to use the Content, nor any other obligation to you whatsoever, including any payment or compensation related to the Interview. You also understand that executing this Release Agreement and/or participating in an Interview in no way obligates Labelbox, Alignerr, or anyone else to hire you or engage your services.
5. You represent and warrant that you have the full right, power and authority to grant the rights granted herein to the best of your knowledge, any statements made by you during the Interview are true, your participation will not violate or infringe upon the rights of any third party and that your participation is completely voluntarily.
6. You hereby release Labelbox from all claims and liability relating to the Content or the Interview, including without limitation, advertising, marketing, promotion, intellectual property infringement, invasion of privacy or publicity rights, employment or any other reason in connection with the use of the Content or the Interview and waive any claims you may have based on the usage or evaluation of them or works derived from them. The foregoing permission and release are irrevocable, and shall inure to the benefit of the assigns, licensees, partners and legal representatives of Labelbox. Labelbox will have no liability for any issues, claims, actions, or inactions related to this Agreement.
7. This Agreement will be governed by the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof. You agree that any dispute or claim arising out of or related to this Agreement, or breach or termination thereof, will be finally settled by binding arbitration in New Castle County, Delaware, United States pursuant to the International Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) then in effect by a single JAMS arbitrator with substantial experience in resolving complex commercial contract disputes. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will apply Delaware law to the merits of any dispute or claim, without reference to rules of conflict of law, and shall have the authority to award any and all available remedies, including legal and equitable relief. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator. The arbitral proceedings and all pleadings and written evidence shall be in the English language. Any written evidence originally in a language other than English shall be submitted in English translation accompanied by the original or true copy thereof. The prevailing party will be entitled to receive from the non-prevailing party all costs, damages and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in connection with that action or proceeding, whether or not the controversy is reduced to judgment or award. The prevailing party will be that party who may be fairly said by the arbitrator(s) to have prevailed on the major disputed issues. You hereby consent to the arbitration in the State of Delaware in the county of New Castle.
8. This Agreement constitutes the entire agreement and understanding between the parties hereto, and supersedes any and all previous agreements or understandings, whether written or oral, between such parties. This Agreement may be modified only by an agreement in writing and signed by all parties. If any term or provision hereof is invalid or unenforceable the remaining terms and provisions hereof shall be unimpaired and shall remain in full force and effect.
By clicking “I accept”, you indicate your acceptance of and agreement to be bound by the terms of this Agreement.
Effective Date: December 20, 2024
Labelbox, Inc. (the “Company,” “us” or “we”) is committed to protecting the privacy and security of the Personal Data of provided by individuals applying to be a contractor in our Alignerr program (“Job Applicants”) and of our current and former Alignerr contractors (“Contractors”) and their emergency contacts and beneficiaries.
This Notice only applies to the Personal Data of Job Applicants and Contractors located in in the European Economic Area (“EEA”), Switzerland, and the United Kingdom (“UK”), or California, and is being provided in accordance with the General Data Protection Regulation and as the General Data Protection Regulation EU GDPR forms part of the law of England and Wales by virtue of section 3 of the European Union (Withdrawal) Act 2018 (collectively, together, the “GDPR”) or the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”). This Notice only applies to the Company’s processing of Personal Data and does not apply to any third party’s processing of your Personal Data, including Alignerr Customers.
In this Privacy Notice, we use the term “Personal Data” which is defined to include “personal data” as defined under the GDPR and “personal information” as it is defined in the CCPA.
As we continually work to improve our operations and business, we may need to change this Privacy Notice from time to time. Upon material changes, we will alert you to any material changes by placing a notice on the Company’s intranet, by sending you an email and/or by some other means.
What Categories of Personal Data Do We Collect?
This chart details the categories of Personal Data we may collect and may have collected over the past twelve (12) months. Note that the collection, use, and disclosure of your Personal Data may vary depending on the nature of your relationship with us, including whether you’re a Job Applicant, a Contractor, or a Contractor’s emergency contacts and beneficiaries.
FOR JOB APPLICANTS:
Depending on where you are in the application stage (e.g., screening, assessment tests, interviews, background and reference checks, or decision stage), the collection, use, and disclosure of your Personal Data may vary.
Category of Personal Data | Business Purposes for Collection, Use, and Disclosure of Personal Data | Categories of Third Parties With Whom We Disclose This Personal Data |
Identifiers such as contact details (e.g., name, alias, mailing address, email address, phone number), driver’s license number, passport number, social security number, and other similar identifiers. | · Recruiting, employing and/or engaging Job Applicants. · Engaging and managing Contractors. · Hosting and facilitating our operations and business. | · Service Providers |
Personal Data Described in California Customer Records Act (Cal. Civ. Code § 1798.80(e)) such as name, signature, physical characteristics or description, educational information, employment history, financial information, or medical / health insurance information. | · Recruiting, employing and/or engaging Job Applicants. · Engaging and managing Contractors. · Hosting and facilitating our operations and business.
| · Service Providers
|
Characteristics of Protected Classifications under California or Federal Law such as race, religion, national origin or ancestry, physical or mental disability, medical condition, marital status, sex, gender, gender identity/expression, age, or military/veteran status. | · Recruiting, employing and/or engaging Job Applicants. · Engaging and managing Contractors. · Hosting and facilitating our operations and business.
| · Service Providers
|
Internet or Other Electronic Network Activity Information such as information regarding your interaction with our jobs webpage and related website, application, or advertisement (including chats and instant messaging). | · Recruiting, employing and/or engaging Job Applicants. · Engaging and managing Contractors. · Hosting and facilitating our operations and business.
| · Service Providers
|
Geolocation Data such as IP-address-based location information. | · Recruiting, employing and/or engaging Job Applicants. · Engaging and managing Contractors. · Hosting and facilitating our operations and business. | · Service Providers
|
Sensory Data such as photos, videos, and recordings of you and your environment. | · Recruiting, employing and/or engaging Job Applicants. · Engaging and managing Contractors. · Hosting and facilitating our operations and business. | · Service Providers
|
Professional or Employment-Related Data such as resume, job title, job history, performance evaluations, membership in professional organizations and unions | · Recruiting, employing and/or engaging Job Applicants. · Engaging and managing Contractors.
| · Service Providers
|
Education Information such as grades or transcripts, student financial information, and student disciplinary records. | · Recruiting, employing and/or engaging Job Applicants. · Engaging and managing Contractors. | · Service Providers
|
Sensitive Personal Data such as social security, driver’s license, state identification card or passport numbers, racial or ethnic origin, religious beliefs, philosophical beliefs, union membership, sex life or sexual orientation, or health information.
| · Recruiting, employing and/or engaging Job Applicants. · Hosting and facilitating our operations and business. · Engaging and managing Contractors.
| · Service Providers
|
Inferences Drawn From Other Personal Data Collected such as preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | · Recruiting, employing and/or engaging Job Applicants. · Engaging and managing Contractors.
| · Service Providers
|
Other Identifying Information that You Voluntarily Choose to Provide such as emails, letters, texts, or other communications you send us. | · Providing, Customizing and Improving the Services. · Marketing the Services. · Corresponding with You. | · Service Providers · Parties You Authorize, Access or Authenticate |
FOR CONTRACTORS:
Similar categories of data we collect in your role as a Job Applicant as described above may be collected and retained if you become a Contractor. For additional categories of Personal Data that may be collected solely from Contractors, please see below.
Category of Personal Data | Business Purposes for Collection, Use, and Disclosure | Categories of Third Parties With Whom We Disclose This Personal Data |
Geolocation Data such as GPS data. | · Engaging and managing Contractors. · Hosting and facilitating our operations and business. | · Service Providers |
Professional or Employment-Related Data such as performance management information (e.g., employment status, work schedule, job assignments, hours worked, accomplishments, awards), training and development information, discipline and counseling information, and employment termination information. | · Engaging and managing Contractors. · Hosting and facilitating our operations and business.
| · Service Providers
|
Other Personal Data such as dependent information, emergency contact information, and beneficiary information. | · Engaging and managing Contractors.
| · Service Providers
|
Categories of Sources of Personal Data
Unless specifically noted, we collect Personal Data from the following categories of sources:
· You
o When you provide such information directly to us.
· Public Records
o From the government or other sources.
· Third Parties. For example, we may collect information from:
o Vendors
§ Recruiters.
§ Pre-employment screening services.
§ Credentialing and licensing organizations.
§ Consumer reporting agencies.
o Prior employers (e.g., for references)
o Professional references
o Educational institutions
o Publicly Available Sources
§ Social networks, including your publically-available social media profile (e.g., LinkedIn, Twitter and Facebook).
§ Other sources you identify or refer us to.
Our Commercial or Business Purposes for Collecting, Using, or Disclosing Personal Data
Unless otherwise specified, we collect or disclose Personal Data for the following purposes:
· Recruiting, Employing and/or Engaging Job Applicants
o Processing and managing your applications.
o Conducting background and reference checks.
o Providing immigration support.
o Entering into contracts.
o Implementing, managing and improving the Company’s recruitment process, and diversity and inclusion programs
o Meeting or fulfilling the reason you provided the information to us.
o Managing the Company’s relationship with you.
· Engaging and Managing Contractors
o Providing immigration support.
o Entering into contracts.
o Managing the Company’s or our Customer’s (defined below) relationship with you.
o Onboarding Contractors.
o Paying Contractors.
o Enrolling and administering employment benefits.
o Implementing, managing and improving the Company’s Contractor wellness programs.
o Assessing Contractors’ working capacity and administering health and Contractors’ Compensation insurance programs.
o Ensuring that Contractors properly log in to Company equipment and ensuring that authorized Contractors have access to secured locations in the Company.
o Managing workflow, dispatching Contractors to Customers, and performing services for the Company’s customers.
o Carrying out job promotion processes, including to evaluate Contractors for promotions.
o Featuring Contractors in marketing materials and on the Company’s website.
· Hosting and Facilitating Our Operations and Business
o Maintaining the security of our systems and property, and doing fraud protection, security and debugging.
o Carrying out other business or employment-related purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the GDPR or CCPA.
Other Permitted Purposes for Collecting, Using, and Disclosing Personal Data
In addition to the commercial or business purposes described above, we may collect, use, or disclose your Personal Data in 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, or responding to lawful requests by public authorities, including to meet national security or law enforcement requirements; protecting the rights, property or safety of you, the Company or another party; enforcing any agreements with you; responding to claims; and resolving disputes. Additionally, we may transfer your Personal Data 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).
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice.
How We Disclose Personal Data
Unless specifically noted, we disclose Personal Data to the categories of service providers and other parties listed in this section.
Customers. Customers of the Alignerr Program to which you provide services.
Service Providers. These parties help us to perform business functions on our behalf. They include:
Hosting, technology and communication providers.
Security and fraud prevention consultants.
Background and reference check screening services.
Hiring process and benefits management and administration tools.
Health and safety technology providers.
Advertising Partners. These parties help advertise Alignerr job opportunities to you.
Parties You Authorize, Access or Authenticate.
Third parties you access through our website or services.
Other users.
Data Security
We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that information. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism, limiting access to your computer or device and browser, and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.
Data Retention
We retain Personal Data about you for as long as necessary to perform our business or commercial purposes, including employment-related purposes, for collecting your Personal Data. When establishing a retention period for specific categories of Personal Data, we consider who we collected the Personal Data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.
Note that if you are a Job Applicant that applied through a third-party such as a recruiting company or submitted your application through a recruiting software (e.g., Greenhouse, Jobvite, Linkedin, etc.), you may be subject to their separate terms of service and privacy policy.
Rights under the CCPA
If you are a resident in California, you have the rights set forth in this section. Please see the “Exercising Your Rights Under the CCPA” section below for instructions regarding how to exercise these rights. Please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.
Access
You have the right to request certain information about our collection and use of your Personal Data over the past twelve (12) months. In response, we will provide you with the following information:
· The categories of Personal Data that we have collected about you.
· The categories of sources from which that Personal Data was collected.
· The business or commercial purpose for collecting or selling your Personal Data.
· The categories of third parties with whom we have disclosed your Personal Data.
· The specific pieces of Personal Data that we have collected about you.
If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third party recipient. You may request the above information beyond the 12-month period, but no earlier than January 1, 2022. If you do make such a request, we are required to provide that information unless doing so proves impossible or would involve disproportionate effort.
Deletion
You have the right to request that we delete the Personal Data that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data if deletion of your Personal Data involves disproportionate effort. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
Correction
You have the right to request that we correct any inaccurate Personal Data we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, if we decide, based on the totality of circumstances related to your Personal Data, that such data is correct. If your correction request is subject to one of these exceptions, we may deny your request.
Limit Processing of Sensitive Personal Data
We collect Personal Data that is considered “sensitive” under the CCPA. Consumers have certain rights over the processing of their sensitive Personal Data. Please note that we only use or disclose your sensitive Personal Data for the purposes set forth in section 7027(m) of the CCPA regulations and we do not collect or process sensitive Personal Data with the purpose of inferring any characteristics about California residents.
Personal Data Sales and Share Opt-Out
We will not sell or share your Personal Data, and have not done so over the last twelve (12) months. To our knowledge, we do not sell or share the Personal Data of minors under sixteen (16) years of age.
We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA
We will not discriminate against you for exercising your rights under the CCPA. You will not be subject to any retaliation or disciplinary action for exercising their rights under the CCPA.
Exercising Your Rights Under the CCPA
To exercise the rights described in this Privacy Notice, you or your Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.
We will work to respond to your Valid Request within the time period required by applicable law. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
You may submit a Valid Request using the following methods:
· Email us at: privacy@labelbox.com.
You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.
Rights under the GDPR
If you are a Contractor located in the EEA, Switzerland, or the UK, we are required to provide you with additional information about our processing of your Personal Data. Please note that, except as otherwise provided by applicable law, the information in this section as well as the other sections of this Privacy Notice apply to you.
If you are a Contractor located in the UK, Switzerland or EEA, the Company is the controller of your Personal Data. As a data controller, the Company is responsible for ensuring that the Company’s processing of your Personal Data complies with the GDPR.
Processing of Sensitive Personal Data
We may collect and process certain sensitive Personal Data about you, such as your racial or ethnic origin or data concerning your health to the extent such processing is necessary for us to carry out our obligations with respect to your employment or benefits provided to you as a result of your employment.
Legal Basis for Processing your Personal Data
Depending on the nature of your relationship with us, including whether you’re a Job Applicant, Contractor, or a Contractor’s emergency contacts and beneficiaries., we only process your Personal Data where applicable law permits or requires it, including where the processing is necessary to assess your potential employment with us, where the processing is necessary to comply with our legal obligations or for our legitimate interests or the legitimate interests of third parties, or with your consent. We may process your Personal Data for legitimate business purposes and for the following purposes:
Process and manage your application: We use your Personal Data 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.
Process and manage your Contract with us: If you are offered a position with us, we will use your Personal Data in the Contractor on-boarding process and managing your personnel records including enrolling and administering employee benefits, paying wages, managing workflows, carrying out job promotion processes, evaluating performance, and other related employment purposes (as authorized by you and permitted by applicable law).
Conduct reference and background checks (as permitted by applicable law): We use Personal Data 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 Data 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 Data to understand and improve our recruitment process and tools (including improving diversity and inclusion).
Record-keeping: We keep records of your Personal Data 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 Data 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.
We will only process your Personal Data for the purposes we collected it for or for compatible purposes. If we need to process your Personal Data for an incompatible purpose, we will provide notice to you and, if required by law, seek your consent. We may process your Personal Data 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.
· To support services being provided to our Customers.
· To conduct data analytics analyses to review and better understand our recruitment process.
You will not be subject to decisions based on automated data processing without your prior consent.
Rights of Access, Correction, Erasure, and Objection
It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during the recruitment process. By law, you may have the right to request access to, correct, and erase the Personal Data that we hold about you, or object to the processing of your Personal Data under certain circumstances. You may also have the right to request that we transfer your Personal Data to another party.
Right to Withdraw Consent
Where you have provided your consent to the collection, processing, or transfer of your Personal Data, you may have the legal right to withdraw your consent under certain circumstances.
We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the Personal Data that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the Personal Data that we hold about you, or we may have destroyed, erased, or anonymized your Personal Data in accordance with our record retention obligations and practices. If we cannot provide you with access to your Personal Data, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
Cross-Border Data Transfers
Where permitted by applicable law, we may transfer the Personal Data we collect about you to the United States and other jurisdictions that may not be deemed to provide the same level of data protection as your home country for the purposes set out in this Privacy Notice. Where necessary, we have implemented standard contractual clauses to help secure the transfer and/or rely on the Data Privacy Frameworks, as described below.
Data Privacy Framework(s)
The Company complies with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the UK Extension to the EU-U.S. DPF (“UK-U.S. DPF”), and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) as set forth by the U.S. Department of Commerce. The Company has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) with regard to the processing of all Personal Data received from the European Union in reliance on the EU-U.S. DPF and in reliance on the UK Extension to the EU-U.S. DPF (the “UK-U.S. DPF Principles”) as to the processing of all Personal Data received from the United Kingdom (and Gibraltar). The Company has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF Principles”) with regard to the processing of Personal Data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles, the UK-U.S. DPF Principles, and the Swiss-U.S. DPF Principles, the EU-U.S. DPF Principles, the UK-U.S. DPF Principles, and the Swiss-U.S. DPF Principles shall govern. To learn more about the EU-U.S. DPF, the UK-U.S. DPF, and the Swiss-US DPF, and to view our certification, please visit https://www.dataprivacyframework.gov/.
The Federal Trade Commission has jurisdiction over the Company’s compliance with the EU-U.S. DPF, the UK-U.S. DPF, and the Swiss-U.S. DPF. This Privacy Policy describes the types of Personal Data we collect, the purposes for which we collect and use your Personal Data, and the purposes for which we disclose your Personal Data to certain types of third parties in the sections above. Pursuant to the EU-U.S. DPF, the UK-U.S. DPF, and the Swiss-U.S. DPF, EU, UK, and Swiss individuals have the right to obtain our confirmation of whether we maintain Personal Data relating to them in the U.S. Upon request, we will provide EU, UK, and Swiss individuals with access to the Personal Data that we hold about them. EU, UK, and Swiss individuals may also correct, amend, or delete the Personal Data we hold about them where it is inaccurate, or has been processed in violation of the EU-U.S. DPF Principles, the UK-U.S. DPF Principles, and the Swiss-U.S. DPF Principles, except where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where the rights of persons other than the individual would be violated. An EU, UK, and Swiss individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the U.S. under the EU-U.S. DPF, the UK-U.S. DPF, and the Swiss-U.S. DPF, should direct their query to privacy@labelbox.com. If requested to remove data, we will respond within a reasonable timeframe. For more information about rights afforded to EU, UK, and Swiss individuals, please see the “Rights under GDPR” section of this Privacy Policy.
In addition, under the EU-U.S. DPF, the UK-U.S. DPF, and the Swiss-U.S. DPF, we will provide EU, UK, and Swiss individuals with the choice to opt-out from the sharing of their Personal Data with any third parties (other than our agents or those that act on our behalf or under our instruction), or before we use it for a purpose that is materially different from the purpose for which it was originally collected or subsequently authorized.
We will provide EU, UK, and Swiss individuals with the choice to opt-in to sharing their sensitive Personal Data with any third parties or if we plan to process their Personal Data for a purpose other than those for which it was originally collected or subsequently authorized. EU, UK, and Swiss individuals may request to limit the use and disclosure of your Personal Data by submitting a written request to privacy@labelbox.com.
In addition to any other disclosures described in our Privacy Policy, 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.
The Company’s accountability for Personal Data that it receives in the U.S. under the EU-U.S. DPF, the UK-U.S. DPF, and the Swiss-U.S. DPF and subsequently transfers to a third party acting as an agent on our behalf is described in the EU-U.S. DPF Principles, the UK-U.S. DPF Principles, and the Swiss-U.S. DPF Principles. In particular, the Company remains liable under the EU-U.S. DPF Principles, the UK-U.S. DPF Principles, and the Swiss-U.S. DPF Principles if our agents process Personal Data in a manner inconsistent with the EU-U.S. DPF Principles, the UK-U.S. DPF Principles, and the Swiss-U.S. DPF Principles, unless the Company proves that we are not responsible for the event giving rise to the damage.
In compliance with the EU-U.S. DPF, the UK-U.S. DPF, and the Swiss-U.S. DPF, the Company commits to resolve EU-U.S. DPF Principles, UK-U.S. DPF Principles, and Swiss-U.S. DPF Principles-related complaints about our collection and use of your Personal Data. EU, UK, and Swiss individuals with inquiries or complaints regarding our handling of Personal Data received in reliance on the DPF should first contact the Company at privacy@labelbox.com.
In compliance with the EU-U.S. DPF , the UK-U.S. DPF, and the Swiss-U.S. DPF, the Company commits to refer unresolved complaints concerning our handling of Personal Data received in reliance on the EU-U.S. DPF , the UK-U.S. DPF, and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider based in the U.S. If you are an EU, UK, or Swiss individual and you do not receive timely acknowledgment of your EU-U.S. DPF Principles, UK-U.S. DPF Principles, or Swiss-U.S. DPF Principles-related complaint from us, or if we have not addressed your EU-U.S. DPF Principles, UK-U.S. DPF Principles, or Swiss-U.S. DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/dpf-dispute-resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you.
Notwithstanding the foregoing, with regard to unresolved complaints concerning our handling of human resources data received in reliance on the EU-U.S. DPF, the UK-U.S. DPF, and the Swiss-U.S. DPF in the context of the employment relationship, the Company commits to cooperate and comply with, respectively, the panel established by the EU data protection authorities, the UK Information Commissioner’s Office and the Gibraltar Regulatory Authority, and the Swiss Federal Data Protection and Information Commissioner.
If your EU-U.S. DPF, UK-U.S. DPF, or Swiss-U.S. DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Annex 1 of the Data Privacy Framework Principles, located at https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584=2.
Contact for Questions
If you have any questions or comments regarding this Privacy Notice, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please contact:
privacy@labelbox.com
Attn: Legal
Labelbox, Inc.
510 Treat Ave.
San Francisco, CA 94110.
Individuals with disabilities may access this Privacy Notice in an alternative format by contacting privacy@labelbox.com.