RECRUITING PRIVACY NOTICE

1. PURPOSE

Probo Medical, LLC (together with its affiliates, “Probo”) is committed to protecting the privacy of the personal data shared by job applicants, potential candidates for employment or consulting, and those who participate in our recruiting process or events (“you” or “your”). Probo defines personal data broadly as information that directly identifies an individual or that makes an individual identifiable when combined with other information.

2. SCOPE

This Recruiting Privacy Notice (“Privacy Notice”) describes how Probo handles and protects your personal data in connection with Probo’s recruiting process. In case of a conflict between this Privacy Notice and applicable law, applicable law will govern.

By submitting your personal data to Probo, you acknowledge that:

• You have read and understand this Privacy Notice and agree to the use of your personal data as set out herein.
• Your personal data may be transferred and processed worldwide, including in countries that may not be deemed to provide the same level of data protection as your home country, for the purposes and in the manner specified in this Privacy Notice.
• All of your representations are true and correct to the best of your knowledge and belief, and you have not knowingly omitted any related information of an adverse nature. Providing any inaccurate information may make you ineligible for employment.
• This Privacy Notice does not form part of any contract of employment by Probo.

3. PERSONAL DATA COLLECTED

The types of personal data that Probo requests from you and the ways in which Probo processes such data are determined by a combination of federal and state laws and regulations. Should the position to which you apply be available in more than one country, the types of personal data Probo requests from you and the ways that Probo processes it are determined by the requirements of the country in which the position is located and in conjunction with the requirements of the country in which you reside.

Probo usually collects personal data directly from you when you apply for an open position with Probo through our online application process, such as your name, address, contact information, work and educational history, achievements, identity documents, test results, any information that may be required due to regulatory requirements (e.g. residence or work permits) and other categories of data that you voluntarily decide to share with Probo. Probo also collects data about you which is created by our recruiting personnel in the course of their interactions with you or through your participation in the recruiting process.

If you receive an offer from Probo, Probo may then conduct a background check and, to the extent permitted by applicable law, Probo may also collect data related to criminal offences and proceedings. Probo may also conduct drug screenings. Probo collects similar personal data about you from third parties, such as professional recruiting firms, your references, prior employers, Probo employees with whom you have interviewed or who recommended your candidacy, and, to the extent permitted by applicable law, employment background check providers. 

Probo may also collect personal data about you online to the extent that you have chosen to make this information publicly available on professional social media websites. For example, Probo may find your profile on LinkedIn and contact you about potential suitable roles.

Sensitive personal data is a subset of personal data that includes ethnicity, health, philosophical beliefs, sexual orientation, and other categories as prescribed by law. Probo may collect sensitive personal data about a candidate to the extent permitted or required to do so by applicable laws (i.e. equal opportunity laws). Under limited circumstances and to the extent permitted by applicable law, Probo may also collect sensitive personal information relating to health and medical characteristics to provide reasonable accommodations to facilitate the interview process.

4. EMPLOYEE REFERRAL PROGRAM 

If a current Probo employee refers you for an open position, Probo may use your name and email address received to notify you of the referral and invite you to apply. If you decide to apply, your personal data will be processed as described in this Privacy Notice. 

5. USE OF PERSONAL DATA

Probo collects and uses your personal data for legitimate human resources and business management reasons, including:

• Identifying and evaluating candidates for potential employment, as well as for future roles that may become available.
• Maintaining records in relation to recruiting and hiring.
• Ensuring compliance with regulatory requirements, including those relating to public health and workplace safety.
• Upon receiving an offer of employment from Probo, conducting background checks and/or drug screenings.

Probo may also use your personal data for the purpose of analytics, including in aggregated form, to improve our recruitment and hiring process and augment our ability to attract successful candidates.

6. PROCESSING OF PERSONAL DATA

Probo’s processing of your personal data for the purposes mentioned above is based in one or several of the following:

• Probo’s legitimate business interests in evaluating your application to manage Probo’s relationship with you, to ensure that Probo recruits appropriate employees, and to evaluate and maintain the efficacy of Probo’s recruiting process.
• Performing contractual and precontractual measures relating to Probo’s potential employment relationship with you.
• Complying  with applicable laws and regulations with regard to personal data necessary to satisfy Probo’s obligations, including with regard to public health and workplace safety.

7. BACKGROUND AND DRUG SCREENING 

If you receive an offer of employment from Probo, Probo may conduct a background check, drug screening, and/or a motor vehicle records check through a third party on Probo’s behalf. Such background checks will involve criminal background data to the extent permitted by law. Probo’s legal basis for such screening is the need to perform precontractual measures related to establishing our employment relationship and to ensure a safe and drug free workplace. If a background or drug screening is required, you may be contacted by a third-party service provider to request authorization for the release of your information, and at that time you will be provided with further information about the process and what personal data it might involve.

8. DATA RECIPIENTS 

Your personal data may be accessed by recruiters and interviewers within the business department where the position for which you are applying is based. Individuals performing administrative and IT functions within Probo may also have access on a need-to-know basis to your personal data to the extent necessary to perform their jobs. 

Probo uses third-party service providers for its human resources information system(s). Probo may also share your personal data with other third-party service providers that may assist Probo in identifying and recruiting talent, administering and evaluating pre-employment screening and testing, and improving Probo’s recruiting practices. In addition, Probo may disclose or transfer your personal data in the event of a re-organization, merger, sale, joint venture, assignment, or other transfer or disposition of all or any portion of our business.

Except to the extent necessary to accomplish the uses and purposes described in this Privacy Notice, Probo does not disclose your personal data to third parties. Probo does not sell your personal data to third parties.

9. SOCIAL MEDIA AND ON-LINE RECRUITING

Probo’s application process allows you to provide Probo with relevant personal data from information you have on third-party websites (i.e. LinkedIn). If you choose to incorporate your personal data from third-party websites, Probo will use any such data in accordance with this Privacy Notice.

Some of our online recruiting activities may be hosted by third parties. When you access sites operated by these third parties, they may to the extent permitted by applicable law, including your consent to the extent required, place their own cookies or other tracking technologies on your device.

10. SECURITY

Probo maintains processes and safeguards designed to help ensure that any processing of personal data is consistent with this Privacy Notice and protects the confidentiality, availability, and integrity of your personal data in compliance with applicable law. 

Probo uses generally accepted standards of technical and operational security to secure your personal data. Only authorized personnel of Probo and of our third-party service providers are permitted to access personal data, and these employees and third-party service providers are required to treat this information as confidential. 

Probo takes reasonable steps that are designed to keep your personal data accurate, complete, and up to date for the purposes for which it is collected and used. Probo has also implemented measures that are designed to help ensure that our processing of your personal data complies with this Privacy Notice and applicable law.

You may be entitled to certain rights concerning your personal information. Those rights may include:

• Request access to your personal data – you may have the right to request a copy of the personal data Probo holds about you and verify if Probo is lawfully processing it.
• Request correction of your personal data – you may have the right to request correction of any incomplete or inaccurate data Probo holds about you.
• Request erasure of your personal data - you may have the right to request that Probo delete or remove personal data where there is no good reason for Probo to continue its processing. 
• Object to processing of your personal data – you may have the right to object to the processing of your personal information where Probo is relying on a legitimate interest (or those of a third party) to do so. You are also entitled to request that Probo delete or remove your personal data where you have exercised your right to object to processing of such data. 
• Request the restriction of processing of your personal data – you may have the right to request that Probo suspend the processing of personal information about you, for example, if you want Probo to establish its accuracy or the reason for processing it.
• Request the transfer of your personal data to another party.
• Lodge a complaint - you may file a complaint if you believe the collection and use of your personal data infringes on this Policy or applicable law.

If you would like to exercise any of your rights, or if you would like more information about these rights, please send such a request to HR@probomedical.com. 

You will not be expected to pay a fee to obtain your personal data unless Probo considers that your access request is unfounded or excessive. In these circumstances, Probo may charge you a reasonable fee or refuse to comply with your request. Probo may charge a reasonable fee if you request a duplicate copy of the information already provided to Probo. To help protect your privacy and security, Probo may take reasonable steps to verify your identity before acting on certain data protection rights, in accordance with applicable law. 

Please note that applicable laws include exceptions to assertions of data protection rights that may prevent Probo from providing access to your personal data or otherwise fully complying with your request. If Probo believes that an exception may apply, Probo will respond to your request to the extent Probo is able to do so, and Probo will provide an explanation of the basis for not complying wholly or partially with your request.

11. DATA RETENTION

If you accept an offer of employment with Probo, any relevant personal data collected during your pre-employment period will become part of your personnel records and will be retained in accordance with applicable laws and regulatory requirements including Probo’s internal data retention policy.