This Privacy and Communications Policy (“Policy”) is effective as of August 1st, 2019.
This Policy sets forth how Ducknowl LLC, d/b/a “Ducknowl”, in operation of www.ducknowl.com (“Website”) collects and uses the information we collect from candidate-users invited to participate in any video or technical screening by recruiter-users, and provided to us and/or collected by us automatically from recruiter users through use of this Website. Recruiter users includes both individuals authorized to use our platform services through this Website on behalf of any recruiter user as a direct employing entity or as a staffing company with third-party employer clients, or any individual sole proprietor that is a recruiter user. Unless otherwise specifically denoted, the word “you” and “your” shall refer to both candidate users and individuals who are considered recruiter users under this Policy generally.
If you have any general questions or concerns about this Policy, you may contact our data privacy officer by sending an email with your questions, comments or concerns to firstname.lastname@example.org.
MODIFICATIONS TO THIS POLICY
If we decide at any time to change this Policy, we will revise the effective revision date posted at the top of this Policy and we will also notify you by posting a notice of the change prominently on our home page and/or upon the next time you access this Website. Failure to opt-out after receiving notice and following the opt-out instructions contained in the notice shall be deemed to be your assent to any such changes.
PERSONAL INFORMATION FROM CHILDREN UNDER 13
Children under the age of 13 are expressly prohibited from participating in any screening on this Website. If it does come to our attention that any child under the age of 13 has been invited to use the Services offers through this Website, we will delete any PII that we have collected immediately. If you are a parent or guardian and you discover that your child under the age of 13 has submitted any of his or her PII without your permission or consent, we will remove the information immediately upon your request. All requests should be made by email and sent to contact@ducknowlcom. Please include your child’s name and a description of the type of information you think he or she may have submitted to this Website.
HOW WE COLLECT PERSONAL INFORMATION
We collect information that is able to personally identify both candidate users and recruiter users (“PII) and we also collect certain non-PII use data automatically. Recruiter users submit PII when individuals provide his or her email address, first and last name, name of any staffing company or direct hiring entity and phone number. We collect PII from candidate users including facial images, video recordings and audio files containing his or her voice collected in connection with verifying candidate user identity during the applicant verification process, and to facilitate candidate user job placement generally in connection with use of our applicant screening services. We provide our applicant screening platform services for free to all candidate users invited to participate in any applicant screening on our Website by a recruiter user. Candidate users should understand that a collection of information that would otherwise be consider non-PII could be aggregated and become PII. Thus, all candidate users provide any information voluntarily through the screening process at their own risk.
a) Website Forms
When you provide any PII through any form contained on this Website in order to contact us or send us a message, we collect and store this information. We may use your email or any other PII you provide as expressly set forth in this Policy.
b) Recruiter User Account Information
When recruiter users register and create an account, we collect the PII provided by the applicable individual creating the account during registration as set forth in the remainder of this Policy.
HOW WE AUTOMATICALLY COLLECT NON-PERSONAL INFORMATION
When both candidate-users and individual recruiter-users access our Website, we collect and store certain non-personally identifying information sent automatically by your browser using standard web server logs and automatic data collection tools such as cookies and web beacons. This information may include your IP address, which may tell us your general location information such as your country and sometimes your city, state and/or zip code, the domain name from which you access our Website, your browser type and language, the pages you access, the date and time you access pages on our Website and your operating system version. We also may determine what technology is available through your browser in order to provide you with the most appropriate version of any of our web pages.
a) Data Retention
The length of time we retain PII and other information we collect and store will vary depending on the nature of the services for which the information has been collected and the nature of the information. Although such retention may extend beyond any termination of any recruiter user account, data will be retained for only so long as necessary for us to address to any issues arising from use of our services by the subject recruiter user. We reserve the right to immediately delete all stored messages, interview videos, technical screening data, audio files and all other data we collect in connection with your use of the services as recruiter user upon termination of your account. When we no longer need or require PII data in the normal course of providing our services, we shall delete, erase or anonymize such data without notice to you. This data may include stored messages, recorded video screenings, facial images, audio files and website use data. Candidate users should understand that recruiter users that collect any PII from such user may be required to retain information beyond our direct use of such information. In such case, we have no control over the PII data retention practices of such third-party recruiter users which may include their employer customers.
b) Cookies & Similar Tracking Technologies
We may monitor all use of this Website by any of our users through cookies, web beacons and other “automatic data collection tools.” Unless you have adjusted your browser setting to refuse all cookies, some cookies are placed on your browser immediately as soon as you visit our site. Cookies and similar collection tools are files with a small amount of data, which may include a unique identifier. Cookies are sent to your browser from a website and transferred to your device. We reserve the right to monitor your use of this Website and track you as described in this Cookies policy by the use of any automatic data collection tools at all times and you consent to the use of these tools when you use and access our Website.
This Website uses “first-party” cookies only at this time. First-party cookies are those used by our Website each time you visit our Website. We also use both “persistent cookies” that remain on your device for the period of time specified in the cookie (these cookies are activated each time you visit our Website), and “session cookies,” which allows us to track your actions on this Website during a browser session. Each time you open up a browser window and close the browser window represents a single browser session. All session cookies are created temporarily and are deleted once you close your browser window.
Both the first-party and third-party cookies and tracking technologies used on this Website can be broadly divided into the following categories:
-Necessary cookies help make our website usable by enabling basic functions like page navigation and access to secure areas of the website. Our website cannot function properly without these cookies.
-Statistic cookies helps us understand how visitors interact with our website by collecting and reporting information anonymously.
First-Party Cookies/Tracking Technologies
a) Your Website Use: We use automatic data collection tools to track and record your Website use and activity data, including the pages you view and how long you spend on each page or portion of our Website, the links you click on, the features of this Website you access, whether you are a new vs. repeat visitor or in order to monitor your interactions with any video or other content that you access on this Website (“Use Information”). This is done primarily for website traffic and general user analysis purposes. We also do this to help measure and research the effectiveness of the features contained on this Website.
b) Analytics Services: We may use third party web analytics services, such as Google Analytics, in order to collect information about your use of this Website. We pass a “first party cookie” onto your browser directly from our Website when we use Google Analytics. You may opt-out of Google Analytics by using Google’s Browser Add-on at https://tools.google.com/dlpage/gaoptout.
c) User Preferences: We use automatic data collection tools to identify and recognize your browser as a previous visitor to our Website and save and remember any user preferences and log-in information. We store specific user preferences and settings on this Website and/or stores similar session identifiers to help you navigate and access certain features on this Website.
Third-Party Cookies/Tracking Technologies
We do not currently use any third-party cookies on this Website.
a) How To Manage Cookies
You can block our cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to use all or parts of our site in the manner intended. Your Internet browser allows you to change your cookie settings in the ‘options’ or ‘preferences’ menu of your browser. Please visit the following link for more information on these settings in various browsers: https://www.thewindowsclub.com/disable-enable-cookies-internet-explorer
For even more information about deleting or blocking cookies, please visit: http://www.aboutcookies.org/Default.aspx?page=2
b) Social Media Features and Widgets
In addition, standalone plugins that integrate into our Website to help us provide social media sharing and following functions may also communicate with an external server controlled as part of their services. We shall, under no circumstances, have any liability to you whatsoever for the information collection and use/disclosure practices of any such third party that has provided or made available any application that you use on our Website.
c) Our Data Processors & Subprocessors
Under the General Data Protection Regulation (GDPR), data processor is any third-party that we use to operate this Website or provide our Services to you who has or potentially will have access to or process any personal data you provide to us. We are a data processor on behalf of our recruiter users and we also use data processors to help us provide the Services to both candidate users and recruiter users. These third-party data processors may engage different types of subprocessors to perform various functions. This limited access is incidental to the services being provided by such third parties to us to operate this Website and/or to provide our Services to you and no permission or consent is granted by us to use or disclose this information in any manner other than as necessary to provide the applicable services to us or to facilitate any transactions with you.
In addition, we require all of our data processors and subprocessors to satisfy the requirements of the GDPR in terms of data protection and use, including but not limited to the requirements to:
- Process personal data in accordance with our documented instructions;
- Use only personnel who are reliable and subject to a contractually binding obligation to observe data privacy and security, to the extent applicable, pursuant to applicable data protection laws including the GDPR, in connection with their subprocessing activities;
- Provide regular training in security and data protection to personnel to whom they grant access to any personal data;
- Implement and maintain appropriate technical and organizational measures (including measures consistent with those to which we may be contractually committed to adhere to insofar as they are equally relevant to the subprocessor’s processing of personal data on our behalf);
- Promptly inform us about any actual or potential data breaches; and
- Cooperate with us in order to deal with requests from data controllers, data subjects or data protection authorities, as applicable.
We use the following third-party data processors:
a) Infrastructure & Data Storage
We use Amazon Web Services to host this Website and store your data on their cloud based servers.
b) PayPal Payment Processing. When you purchase any paid subscription we offer on this Website, You also share the PII you provide, your credit/debit card or bank account information you provide with PayPal, our third party payment processor. Any disclosure of this information is necessary to facilitate the specific transaction and will only be used by us for that strict purpose, unless otherwise stated in this Policy. This limited access is incidental to the services being provided by PayPal and no permission or consent is granted by us to use or disclose your information in any manner other than as necessary to process any payment(s) you initiate.
c) Administrative/Customer Service Support. We reserve the right and may share our files and some PII we collect through this Website directly with third party independent contractors that provide customer support and other administrative services on our behalf. We will only contract such third parties for the limited purpose of assisting us to operate this Website and/or provide support or administrative services in conjunction with any products or services that we may offer through this Website from time to time. This limited access would be incidental to the services being provided by such third party contractors and no permission or consent shall be granted by us to use or disclose this information in any manner whatsoever, other than as necessary to provide the applicable services to us. We will require that our independent contractors commit to uphold the privacy of any PII regarding our users that we may share with them. We will require that each of our contractors agree not to use or disclose any PII, which may be disclosed to or shared with these parties during the course of their duties to us, except as absolutely necessary to perform their duties to us.
d) Your California Resident Privacy Rights
California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of their personal information to third parties for their direct marketing purposes. California law also allows California residents to opt-out of having this information disclosed. If You are a California resident and desire to make such a request, please contact email@example.com. Please include the words “California Privacy Disclosure Request” in the subject line.
HOW WE USE/SHARE YOUR INFORMATION
a) Sharing With Recruiter Users
Candidate users natually provide PII by participating in the screening process and such PII is collected by us as described in this Policy. In addition, staffing company recruiter users who you may interview with as a candidate user may share your PII with their third-party employer clients seeking to fill the subject job. This is done for the limited purpose of allowing such companies to have access to your screening information you provide only for the specific purpose of evaluating your answers and potentially contacting you regarding an offer of employment for the position. Such third parties are not affiliated with us and we do not have any measure of control over how any recruiter user or any customers of any recruiter user may use any PII of any candidate user.
b)No Liability For Third Party Privacy Practices
c) Promotional & Informational Use of Emails
Sometimes, we use the e-mail address provided by recruiter users to send periodic promotional e-mails about our services or about any new or upcoming services, but only if such users have elected to receive such email communications from us. Recruiter users can opt-out of receiving any promotional emails at any time by either clicking “unsubscribe” in the body of the email communication and following the opt-out procedure contained in the email or by sending an email to firstname.lastname@example.org and requesting to opt-out of receiving such communications.
d) Do We Sell Your PII?
We make every effort to respect your privacy and we will never sell, license or disclose any of your PII, by itself or bundled with any Use Information that we collect for any purpose not expressly set forth in this Policy without your express written consent. We only share or disclose any PII or other information collected from You as expressly set forth in this Policy.
e) Required Disclosures
We may disclose certain PII if: i) requested via a subpoena, court order, or local, state, federal or international law enforcement request to release any such information; or ii) in order to investigate and help prevent security threats, fraud or other malicious activity; or iii) to protect our rights or protect our property, or any or the rights of our customers or other third parties.
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you send us an email communication, call us or send a written correspondence for any reason, we may create a file and store your email and other PII specific to you. We generally will maintain a record and keep notes of all communications with you. All messages transmitted by you on this Website or to us shall not be treated as confidential and shall be deemed to be accessible to the general public. You should not transmit any communications or correspondences to us that you intend only the intended recipient(s) read. Notice is hereby given that all messages or electronic data transmitted onto this Website can and may be read by us, regardless of whether we are the intended recipient of any such message(s).
HOW WE PROTECT YOUR INFORMATION
We use industry standard security measures to protect all PII and billing information you provide. For instance, when you provide any credit card or other billing or shipping information through our checkout process, we encrypt that information during transmission using Secure Sockets Layer (SSL) encryption. We make no guarantee, warranty or representation that your credit card or other billing information, or any other information you provide through this Website, will remain secure at all times from any illegal or unauthorized access of the information by third parties. We shall not, under any circumstances, be held responsible or liable for information or transmissions that are accessed by third parties illegally or without authorization through this Website and/or network. We will report any unauthorized access of your information promptly upon discovery, and we will use our best efforts to remedy any security vulnerability that contributed to the unauthorized access.
a) Information Storage And International Transfer
Any PII and all other information which we collect on this Website will be stored and processed in our servers located in the United States. If you reside outside the United States, you consent to the collection, transfer, storage and processing of any information from your country to the United States.
b) How to Update, Change or View Your PII
If you would like to request any changes or updates to any PII you have provided to us, or if you would like to view any information we have collected from your use of this Website, please contact us and request the same by sending an email to email@example.com. Please include the words “Personal Information Request.” If you make any information requests, we will require that you provide proof of your identity, which may include providing us with a copy of a driver’s license, social security card and/or birth certificate. We also reserve the right to require that you sign and provide us with a notarized affidavit verifying your identity before we update or release any information to you.
Upon any acquisition, merger, sale or other change of control of our business/organization, we reserve the right to transfer any PII and/or any other information you have submitted to this Website as part of the property owned by us to our successor resulting from such merger, acquisition, sale, etc. In the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, We reserve the right to transfer your PII to protect any of the our rights or as required by law.