2. Candidates i.e., categories of data subject: individuals who applied for opened job position and individuals  who submitted their resumes to the Company (via the Company’s website or via LinkedIn), that is,  candidates for employment contacted by the Company for the purpose of  engaging in open positions in the Company, as well as  persons who provided their information to the Company in some other way  (e.g., in a job interview).

3. Purpose of processing: We process your personal data for the purpose of:

• Assessing your skills, qualifications, and suitability for a certain job position.
• Carryingout background and reference checks, where applicable.
• Communicating with you during the recruitment process.
• Keeping records related to our hiring processes.
  
• Deciding on your application and possible employment.
• Complying with legal or regulatory requirements.
• Entering into a contractual relationship with you after passing the selection process.
• To inform you about future employment opportunities at the Company and/or its affiliated companies after the selection process or after you refuse to participate in the selection, on the basis of your priorly given consent.
• In order for the Company not to contact you again if you do not fit the Company culture or the Company does not see the possibility of cooperation for other reasons.
• To invite you to participate in the selection process if your data is publicly available on your profiles on business social media (e.g., LinkedIn).
• Processing the Data published on LinkedIn and placing it in the database of candidates so that the candidate would be invited to participate in the selection either for the positions for which he/she is currently qualifying or for the positions for which he/she will qualify in the future.

4. Legal Basis: It is in our legitimate interest to decide whether to appoint you to the role since it would be beneficial to our business to appoint a suitable candidate to that role. We also need to process your personal data to decide whether to enter into a contract with you.

Also, based on legitimate interest, the Company keeps your data after the selection process so that it would not contact you again if you do not correspond to the Company culture or the Company does not see the possibility of cooperation for other reasons. The legitimate interest of the Company to keep your data after the selection process is justified by the needs of the Company to conduct HR management and speed up the selection process. It is also in your interest to keep the data for this purpose so that you do not have to go through the selection process unnecessarily, although you will not be selected for an open position. TheCompany has documented a legitimate interest assessment for greater transparency.

In case of processing of the special category of personal data pursuant to Section 8 of the Notice, data processing is carried out in order to fulfill the obligation or special rights of controllers in the field of labour law to the extent permitted by applicable law.

After receiving your CV and cover letter, or after we collect your data in another method in accordance with paragraph 6 of the Notice, we will then process that data to decide whether you meet the basic requirements to be shortlisted for the role.If you do, we will decide whether your application is suitable to invite you for an interview. If we decide to call you for an interview, we will use the data you provide to us at the interview to decide whether to offer you the role. After passing the selection, as part of the pre-onboarding we may send you a questionnaire to collect additional personal data for the purpose of entering into a contract.

We will process certain data on the basis of your explicit consent (Section 11). Additionally, processing of your publicly available data on business social media (e.g.,LinkedIn) in order to invite you to participate in the selection process or to add you to our candidates’ database is based on your consent given to these services.

5. Category of personal data:

• The data you have provided to us, including name, title, address, telephone number, personal email address, date of birth, gender, employment history, qualifications, profession, educational achievements, diplomas, languages, computer skills, and any data you provide us during the interviews.
• The data you have provided to us in your curriculum vitae (CV) and the personal data contained in your covering letter.
• The data you make publicly accessible (e.g., your LinkedIn profile).

6. Methods of data collecting: We collect personal data about candidates from the following sources:

• From the candidate.
• From publicly accessible sources, such as Linkedin, etc., where we collect your full name, email, work history, and other data included on your profile.

7. If you fail to provide personal data when requested, which is necessary for us to consider your application (such as evidence of qualifications or work history),or to enter into a contract with you, we may not be able to process your application further.

8. How we use particularly sensitive personal data:We will use your sensitive personal data (hereinafter: the “sensitive data”) only in so far as we are permitted by UK Data Protection Law to do so: We will use data about your health or disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made during a test or interview.

9. Automated decision-making: You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.

10. Data Retention: We will retain your personal data for a period of 6 months after your last application date if your application was unsuccessful. We retain your personal data for that period so that we can show, in the event of a legal claim, that we have not discriminated against candidateson prohibited grounds and that we have conducted the recruitment exercise in a fair and transparent way. We further retain such personal data in case a similar role becomes vacant for which you will be a fitting candidate. After this period, we will securely destroy your personal data in accordance with our data retention policy unless you have consented that we retain your personal data after this period, in which case we will retain your personal data for a maximum of 1 (one) year after your last application date (after which period we will destroy your personal data as explained above). If your application is successful and you enter into an employment relationship, we will retain your data for the period of your employment and after the termination of employment in accordance with our data retention policy. If the processing is based on consent, we will keep the data until the consent withdrawal. If the processing is based on our legitimate interest, we will keep the data until our legitimate interest exists. 

11. Data transfer: Personal Data can be transferred (which includes remote access) from the UK into other countries as well as international organizations only in accordance with UK Data Protection Law.The list of countries to which the data is transferred is available in theCompany’s Data Privacy Policy. The Company shall ensure that such transfer of personal data is carried out with the application of appropriate levels of protection of personal data, for example using the European Commission'sStandard Contractual Clauses and UK International Data Transfer Agreement.

12. Personal data users and processors: access to personal data is limited to Company employees who need it. The Company shall share the data with Company’s affiliates, professional advisors, and service providers in accordance with UKData Protection Law in order to assess your application.

13. Request for consent for data processing and collection

The Company may collect personal data  that are not necessary for performing an obligation under the agreement with  a data subject or exercising the activity requested by a data subject, before  entering into the agreement, complying with the Company’s obligation  prescribed by Law, and performing Company’s legitimate interests. The data we  process based on your consent and the purpose for which we collect them are:

• Name, surname, middle name, email address, phone number, CV, applied position, date of interview and reason for non-engagement, to be informed about future employment opportunities at the Company or its affiliated companies.

By signing the Consent for  processing, the data subject, gives his/her  explicit consent to the Company to process his/her personal data types for  which he/she marked the response YES for the stated purposes.

Data subject consent  withdrawal and legal consequences: Consent can be withdrawn  freely at any time by the submission in writing. By withdrawing the approval,  personal data collecting would be stopped, and the collected personal data  would be erased. Consent withdrawal will not affect the lawfulness of  processing based on consent before its withdrawal.

14. Data subject’s rights:

• Right to be truly and properly informed on personal data collection;
• Right to submit an access request to the Company relating to the data held about them, right to request a copy of the personal data the Company holds about them, right to request a correction, an addition, an update, a removal of personal data as well as a break of processing the personal data and temporally suspension;
• Eight to request erasure of the personal data if the Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; data Subject objects to the processing which is based on legitimate interest of Company or third party, and there are no overriding legitimate grounds for the processing; the personal data have been unlawfully processed; personal data must be erased to comply with a legal obligation.
• Right to data portability;
• Right to object to the Company to the processing.

15. Right  to lodge a complaint: data subject is entitled to lodge a complaint with  the Information Commissioner's Office, at: https://ico.org.uk/make-a-complaint.  The ICO will usually expect you to have  exhausted your complaint with us first.

16. Personal data protection measures: The Company undertakes adequate technical, organizational and personnel security measures and has the necessary protection mechanisms in place, in order to process personal data in accordance with UKData Protection Law and to prevent the misuse of the data or accidental, unlawful or unauthorized access, destruction, loss, alterations, disclosure or acquisition of the data.

The measures include the  electronic and physical protection of the collected data on the employees.

17. Address for personal data protection queries: In the event of any questions, requests and information related to personal data protection as well as exercising rights of data subjects, the data subjects can contact the Company at the following e-mail address: dpo@htecgroup.com.

Terms used in this Notice  shall have the meaning in accordance with UK Data Protection Law.

Candidate, Employee & Contractor Privacy Notice

Momentum (“Momentum,” “Company,” “We,” “Our,” “Us”) respects your privacy and is committed to protecting your personal data. The Company is responsible for your personal data. This means that we are responsible for deciding how we hold and use personal data about you. This Candidate, Employee & Contractor Privacy Notice (“Notice”) is aimed at informing you of how and why your personal data will be used, for the purposes of the recruitment exercise, during employment or for fulfilling our contractual obligations, and how long it will be retained for. It provides you with certain information that must be provided under US federal and state laws governing personal data.

We collect personal information from job candidates, employees, officers, contractors, and former job candidates, employees, officers, and contractors (collectively, “members”) in the course of our hiring, employment, and termination process, and in accordance with federal and state laws.

In this notice, Momentum refers to Momentum Design Lab, LLC, with its office located at 300 8th Ave, Suite 200, San Mateo, CA 94401, USA.
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‍What Information Do We Collect?

We may collect the following categories of personal information:

• Identifiers, such as name, telephone number, personal and work email address, postal address, unique personal or company ID number, driver’s license or state identification card number, passport number, or other similar identifiers.
• Personal information under California Civil Code section 1798.80, such as date and place of birth, signature, and bank account information.
• Characteristics of protected classifications under federal law – such as gender, citizenship status, religion, and age (if at least 40 years old) – or under California law – such additional categories as age and medical conditions.
• Financial information such as bank account numbers for expenses and salaries.
• Professional or employment related information, such as Curriculum Vitae/resumé, current and previous employment details, immigration status, or work authorizations, or past work samples.
• Education information, such as education background, university or school diplomas/certificates, and other educational achievements.
• Visual information, such as photographs.
• Inferences such as job preferences or willingness to travel and/or relocate.
• Internet or other electronic network activity information, such as all documents, files, and information you create, store, send, or receive on Company computers and network systems. This also includes internet and electronic network activity and settings on your portable electronic devices used for conducting company business, in accordance with Company’s Information Security Policy, available at the Company’s internal website.
• Information related to your children, such as name, unique personal number and date of birth for the purpose of providing additional benefits to employees, such as health insurance and/or social security.

We may also collect the following categories of sensitive personal information:

• National identification numbers, such as social security number, driver’s license or state identification card number, or passport number.
• Religion or religious beliefs.
• Information collected and analyzed concerning your health.

We may also collect additional information that you choose to provide to us during the interview process or while you work for us.

How Do We Use Your Personal Information?

We will use your personal information for the following purposes:

1. To process your application, including to identify and contact you;
2. To determine whether you have the professional skills, expertise, and experience for the position applied for;
3. To verify employment with an outside entity;
4. If you are offered a position with us, to verify the Personal Information provided including your identity, address, right to work, employment history and academic background and other background screening purposes including, where allowed by law, criminal record checks, searches with a credit reference agency and sanctions screening checks, in accordance with applicable laws;
5. To provide you with information about future job vacancies, if you would like us to send you such notifications, which may include using data analytics to match your profile against vacant positions;
6. To accommodate your disability needs;
7. To process payroll and administer employee benefits, either directly or through a third-party service provider;
8. To withhold taxes and maintain records for accounting and audit purposes;
9. To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
10. To monitor employee productivity and the use of company network resources;
11. To provide internal career development and training programs and tuition reimbursement for job-related courses;
12. For evaluation, assessment, training and planning purposes;
13. To maintain and foster a positive and inclusive work environment;
14. For compliance, disciplinary, legal and regulatory purposes; and,
15. For business reasons that facilitate the operation of our business.

We may collect additional categories of personal information for other business-related purposes and/or use personal information collected for additional purposes, upon prior written notice to you.
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Who Has Access to Data?

Your information may be shared internally for the purposes of the recruitment process. This includes members of the HR and recruitment team, interviewers involved in the recruitment process, managers in the business area with a vacancy, members of Legal team, and IT staff if access to the data is necessary for the performance of their roles.We will not share your data with third parties unless your application for employment is successful and we make you an offer of employment. We may then share your data with former employers to obtain references for you, and employment background check providers to obtain necessary background checks.

During and after your term of employment, we share your data with the following categories of parties, as necessary for the purposes described in this privacy notice:

• Momentum parent and affiliated companies for HR management purposes;
• Persons in charge of employee management and authorized personnel of Momentum with a business need (e.g., HR department, Finance department, Operations, Legal);
• Hierarchical supervisors of the concerned employees, but excluding data related to social action directly implemented by the employer (if applicable);
• Other personnel of Momentum, but only limited to basic professional information to allow the day-to-day business of Momentum;
• Third party service providers and vendors for the abovementioned purposes (e.g., payroll, benefits, travel agencies, conference vendors, internet service provider, IT maintenance, IT solutions and tools, hosting service providers);
• Professional advisers such as lawyers, accountants and auditors;
• Government or regulatory authorities; and
• Banks and insurers.

In the event of a change of control or ownership of the Company or in the event all or part of the Company's business is otherwise transferred to a third party, you are hereby informed that your Personal Data as collected and maintained by the Company may be transferred to that third party, subject to applicable law.

Security of Your Personal Data

‍We employ security measures and technologies, such as password protection, encryption, and physical locks, etc., to prevent the unauthorized access and disclosure of your personal information. If you are authorized to have access to the personal data of others, it is important that you take appropriate safeguards to protect this personal data, in accordance with our written security policies and procedures. Some of them may include the following behavior:

• Paper and other hard copies containing personal data should be properly secured when not in use.
• Computers and other access points should be secured when not in use by logging out or locking.
• Passwords should be guarded and NOT shared.

A more detailed list of personal data protection measures that the Company has implemented is available in the Company’s Personal Data Retention Policy available at the Company’s internal website.
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‍Retention of Your Personal Data
‍
‍Upon your separation of employment with the organization, your personal information shall be retained and destroyed according to our document retention policy and in compliance with applicable laws and regulations. Please refer to our Personal Data Retention Policy for more information (available at the Company’s internal website).
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‍Privacy Rights & Additional Disclosures for Californians
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‍Californians have new privacy rights for their personal information. As we have done above, businesses are required to inform members of the categories of personal information they collect and the purposes for which the categories will be used, at or before the point of collection.
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Starting January 1, 2023, Californians also have the following rights:
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‍Request for Information or Deletion. Californians have the right to know whether we are processing your personal information, and in some instances, you have the right to request that we disclose to you the categories listed below for the preceding 12 months. We have the right to request verification of your identity for all requests for information. In responding to this right, we shall provide to you:

• The categories of personal information we collect about you.
• The categories of sources from which your personal information is collected.
• The business or commercial purpose(s) for collecting, selling, sharing, or disclosing your personal information, and the categories of personal information disclosed for such purpose(s).
• The categories of third parties with whom we share your personal information.
• The categories of personal information we have sold, if any, about you and the categories of third parties to whom your personal information was sold, by category or categories of personal information for each third party to whom the personal information was sold. However, please note that Momentum does not sell any personal information about you.
• The specific pieces of personal information we have collected about you.

In addition, you may have the right to request we delete your personal information.

‍Request for Correction. Californians have the right to request the correction or rectification of inaccurate information in their personal information.

‍Do Not Sell or Share My Personal Information. Californians have the right to opt out of the sale or sharing of the individual’s personal information. However, we do not sell your personal information, nor do we share your personal information to provide personalized or targeted advertising. If you have any questions or further comments on the matter, please reach out to us via the contact information at the bottom of this document.

‍Limiting the Use of Sensitive Personal Information. Residents of California have the right to direct us to use or disclose sensitive personal information only for providing goods or services, or as otherwise minimally permitted under applicable law. However, we do not use or disclose sensitive personal information for any purpose not defined under this Notice, or as otherwise minimally permitted under applicable law.

‍Right of Non-Retaliation. Employees, applicants, and independent contractors that are residents of California have the right not to be retaliated against by an employer for actualizing these rights.

‍Verification Process for Exercising Rights. To protect your privacy, we verify privacy rights requests to ensure that only you (or your authorized agent) can exercise rights pertaining to your personal information. As part of our verification process, we may request you to submit additional information.

If you are an authorized agent wishing to exercise rights on behalf of a state resident, please contact us using the information at the bottom of this Notice and provide us with a copy of the resident’s written authorization designating you as their agent. We may need to verify your identity and place of residence before completing your rights request.

‍Changes to the Privacy Notice

‍This Privacy Notice is effective as of the date noted above. We may update this Privacy Notice from time to time. If we make material changes, we will post the updated Notice on our internal web page and change the date at the top. We encourage you to review updates by checking the date referenced above.

‍Contact InformationWe welcome your questions, comments, and concerns about privacy. You may contact dpo@htecgroup.com for any additional questions.

What if You Do Not Provide Personal Data?

‍If you are a candidate, you are under no statutory or contractual obligation to provide data to Momentum during the recruitment process. However, if you do not provide the information, we may not be able to process your application properly or at all.

If you are an employee or contractor, you are under a contractual obligation to provide data to Momentum during the employment process / entering into contractual relationship with us, for us to provide payroll and employment benefits and/or for fulfillment of our contractual obligations. However, we collect and process data in accordance with this Notice, and we encourage you to contact us if you have questions or concerns.