US 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.
‍
‍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:

To process your application, including to identify and contact you;
To determine whether you have the professional skills, expertise, and experience for the position applied for;
To verify employment with an outside entity;
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;
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;
To accommodate your disability needs;
To process payroll and administer employee benefits, either directly or through a third-party service provider;
To withhold taxes and maintain records for accounting and audit purposes;
To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
To monitor employee productivity and the use of company network resources;
To provide internal career development and training programs and tuition reimbursement for job-related courses;
For evaluation, assessment, training and planning purposes;
To maintain and foster a positive and inclusive work environment;
For compliance, disciplinary, legal and regulatory purposes; and,
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.
‍
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.
‍
‍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).
‍
‍Privacy Rights & Additional Disclosures for Californians
‍
‍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.
‍
Starting January 1, 2023, Californians also have the following rights:
‍
‍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.