Privacy Notice

1.1.1.1  Introduction

Sydata, Inc. (Sydata) is committed to safeguarding your privacy. In this Online Privacy Notice (“Notice”) we explain to you what information we may collect, use, share, and store about you, and the choices and rights that are available to you. If you have any questions about this Notice, please contact us using the contact details provided below at ‘Contact Us’.

We participate in and comply with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as supervised by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Economic Area (“EEA”) member countries and Switzerland to the United States, respectively. Although Sydata remains committed to following robust privacy principles, such as those underlying the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, Sydata does not rely on the EU-U.S. or Swiss-U.S. Privacy Shield Frameworks as a legal basis for transfers of Personal Information in light of the judgement of the Court of Justice of the EU in Case C-311/18.

1.1.1.2  About Sydata

Sydata forms partnerships with organizations across the globe to optimize talent attraction and retention. We work with clients to help them achieve their talent strategies and business goals, and we help potential candidates fulfil their career aspirations.

Our services include:

• Staffing
  • Permanent Staffing
  • Contract Staffing
  • Contract to Hire
  • MSP
  • Master Vendor Services
• IT Services
  • Digital Transformation
  • Enterprise Solutions
    • Enterprise Infrastructure / Network Solutions
    • Enterprise Data Center Solutions
    • Enterprise Application Solutions
    • Enterprise IT Support Services
    • Enterprise IT Professional and Technical Services
    • Desktop and Mobile Device Management
  • Cloud Consulting / Computing
  • Infrastructure Services
• Training and Placement

Please refer to “Our Services” section for complete information.

1.1.1.3  When this Notice Applies

“Personal Information” consists of information which may directly or indirectly identify you. This Notice applies to our collection, use, and disclosure of your Personal Information and your rights regarding your Personal Information. This Notice applies to Personal Information we collect online and offline:

• through our website(s), email and related applications and content that link or refer to this Notice (including the Sydata website listed here: Sydata website and Sydata computer or mobile software applications (“apps”) and content made available to you) (collectively, the “Sites”);
• over the phone; and
• in person.

In some cases, we may provide additional data privacy notices specific to certain services, practices, or regions. Those terms are to be read in conjunction with this Notice. This Notice also applies when we are receiving services you are providing to us. This Notice does not apply to the practices of third parties that Sydata does not own or control.

1.1.1.4  Collection and Use of Personal Data

We collect Personal Information about you when you visit our Site(s), use our Services, visit our office locations, or when you provide it to us in any other way. We also collect Personal Information about you from third party sources.

1.1.1.4.1  The Categories of Personal Information We Collect about You Includes

• Contact Information like your email address, telephone number, postal address and contact information of any referrals, references or emergency contacts you provide.
• Professional and Work Eligibility Information: including your resume or C.V., employment history, education history, certifications, professional license information (for example bar registration number), languages proficiencies, security clearance information, work authorization (for example citizenship information and proof of government issued identification), professional association memberships, volunteer activities, occupational health and safety information where required, client information where relevant (for example we may collect information from attorneys we place through our staffing and search business regarding clients the attorney has performed services for) and work-related skills, practice details and skills assessment information.
• Career Planning Information: including your career interests, desired compensation and benefits, desired work location and willingness to relocate, family information as it relates to your career goals or plans, and hobbies and interests.
• Demographic Information: including your race, gender, national origin, disability status and veteran status, where we are required to or permitted to do so by law and in support of equal opportunity monitoring or affirmative action programs.
• Photos and Visual Images: including photos that you provide to us or that you make publicly available on the internet (for example LinkedIn or company/firm websites); your image on video if you elect to do a video interview, and your image from a security camera if you visit one of our locations.
• Device Information: including your IP address, browser type and version, time zone setting, browser plug-in types and versions, and operating system and platform information when you are visiting our Site(s).
• Other Information You Provide: including any other Personal Information you may elect to provide to us, including any paper materials you submit to us.

We have collected these categories of Personal Information in the 12-month period preceding the Effective Date of this Notice.

1.1.1.4.2  The Categories of Individuals Whose Personal Information We Process Includes

• Visitors: if you are visiting or using our Site(s) or office locations or any of our Services, so that we can provide you with the Site(s) or Services you require;
• Job seekers and Candidates: if you apply for or we contact you about job opportunities with Sydata to fill our internal positions or if you apply to or we contact you about job opportunities through our staffing and recruiting services or search, workforce management, or talent advisory services;
• Customers, vendors, service providers, and other suppliers: if you are an employee, representative and/or agent of our customers, service providers, vendors, and other suppliers or individuals with whom we have a business relationship and/or manage on behalf of our customers (for example through our outsourcing, MSP and consulting services); and
• Referees and others who advise on the suitability of job seekers: if you submit any Personal Information relating to other people to us or to our service providers in connection with our Services, you confirm that you have the authority to do so and to permit us to use the information in accordance with this Notice.

1.1.1.4.3  Our Sources of Personal Information Include

• Information you submit to us: Where we request information from you, we will inform you prior to collection whether the provision of the Personal Information may be provided on a voluntary basis, and the consequences of not providing the information, which may include being unable to properly provide you with Services.
• Information we collect automatically: We automatically collect certain technical information from you when you visit our Site(s) (for example your IP address, browser and operating system details and actions you take on the Site(s)).
• Information we obtain from third parties: We may receive or acquire information about you from third parties such as:
• Background check providers;
• Your references;
• Trade journals and news sources (for example industry publications);
• Public government filings (such as SEC filings);
• Third party websites and services like job boards and professional network sites (for example LinkedIn) and social media platforms and websites where you post information;
• Business intelligence sources, recruitment platforms, and licensed services; and
• Sydata affiliates, which are companies that have ownership in Sydata, that are owned by Sydata, or are under common control with Sydata.

Any Personal Information you provide to a third party will be subject to that third party’s privacy notice and our use of the Personal Information we obtain from such third parties will be subject to this Privacy Notice.

1.1.1.4.4  Sensitive Personal Information

You may be asked for types of Personal Information that are viewed by some countries as sensitive Personal Information. Sensitive Personal Information includes, for example, government-issued identification numbers (such as national insurance numbers), information relating to a person’s race or ethnic origin, political opinions or religious or philosophical beliefs, physical or mental health or condition, sexual orientation, trade union membership, genetic data, and any related legal actions. For example, we may collect health information in order to assess under health and safety regulations your ability to accept certain job opportunities. Sydata will process any sensitive Personal Information in accordance with applicable data protection laws, including, for example, obtaining required consents.

1.1.1.4.5  Purposes for Collection and Use of Your Personal Information

We collect and use your Personal Information for our business and commercial purposes, which include:

• Recruiting and Hiring for current and future job opportunities with us or with our customers, including determining your eligibility and suitability for such opportunities.
• Providing our Services, including our staffing and recruiting services as well as our various consulting, advisory, transformation and workforce management services.
• Receiving Services, including receiving services from various vendors, suppliers and independent contractors.
• Operating our Site(s), for example we use your device and information you provide to establish and maintain an account for you on our Site(s).
• Business Sales Development, for example using your contact information to call or email you as a talent candidate, customer or prospect as part of providing our Services.
• Marketing and Promotions, including sending you promotional communications such as newsletters, surveys, articles of interest, press releases and job fair or other event announcements and personalizing and delivering content about our Services to you, including through advertisements on our Site(s) and other websites.
• Business Analytics to profile the interests of employers and job seekers; to understand the visitors to our Site(s) and to otherwise improve the delivery of our Services through internal audits, troubleshooting and other business analysis.
• Research and Thought Leadership, including articles regarding customers, and white papers, podcasts and other thought leadership regarding workforce, talent and industry trends and analysis.
• Meeting Substantial Public Interest, such as equal opportunity monitoring and programs that promote diversity and inclusion.
• Aggregation and Anonymization, including the process of using Personal Information to create aggregated or anonymized data sets for the purpose of internal business analysis or thought leadership with the end product of such data sets not being Personal Information since it is not identifiable to an individual.
• Security and Fraud Prevention to ensure the security of our Site(s) and Services, to protect against fraud, and to comply with legal requirements.
• Compliance with Laws, Legal Action and Professional Advice, including compliance with all laws and regulations and addressing legal action or taking professional advice, for example from attorneys or tax professionals.

1.1.1.1.1.1  Legal Basis for Processing Personal Information – EEA, United Kingdom, and Switzerland

If you are in the European Economic Area (“EEA”), United Kingdom or Switzerland, our legal basis for processing Personal Information about you will depend on the type of Personal Information and the purpose for which we collect it. Processing of your Personal Information is permitted under applicable law because:

• We need the Personal Information to perform a contract with you;
• We have legitimate interests to process your Personal Information that do not override your rights. For example, when we process your Personal Information to provide our Services to you, to increase information security, identify usage trends, determine the effectiveness of promotional campaigns, expand our business activities and improve our Services and the content and functionality of our Sites;
• In limited circumstances, we have obtained your specific consent to do so; or
• There is a legal obligation to collect Personal Information from you.

If you would like further information on our legitimate interests as applied to your Personal Information, please “Contact Us”.

1.1.1.5  Sharing Your Personal Information

Sydata does not sell your Personal Information. Sydata may share and disclose certain categories of Personal Information about you for a business purpose in the following circumstances and to the below-described categories of third parties:

• Potential employers or potential customers – We may share your contact information, professional and work eligibility information, career planning information, demographic information, photos and visual images and other information with a customer for the purpose of providing Services for opportunities we believe are of interest to you. Customers of Sydata will process such Personal Information in accordance with their own policies and procedures.
• Vendors, consultants, and other service providers – We use vendors, consultants, and other service providers to assist us in providing our Services, and it may be necessary for us to provide access to all of the categories of your Personal Information (for example, IT vendors who support our systems, background check, assessment services, and marketing services vendors, attorneys and accountants as well as premises and other security management vendors, including video security at our office locations). These companies will have access to your Personal Information as necessary to perform their functions, but they may only use that information for the purpose of providing the services.
• Sharing Within Sydata – We may share all of the categories of your Personal Information with Sydata affiliates, which are companies that have ownership in Sydata, are owned by Sydata, or are under common control with Sydata.
• Business transfers – Circumstances may arise where, whether for strategic or other business reasons, Sydata decides to sell, buy, merge, or otherwise reorganize businesses. Such a transaction may involve, in accordance with applicable law, the disclosure of Personal Information to prospective or actual purchasers, or the receipt of it from sellers. It is Sydata’s practice to seek appropriate protection for Personal Information in these types of transactions.
• Vital interests and legal rights – We may collect and possibly share any or all of the categories of Personal Information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of Sydata’s terms of use or this Notice.
• Compliance with laws – We may disclose any or all of the categories of Personal Information where we are legally required to do so in order to respond to or comply with any applicable law, regulation, subpoenas, court orders, legal process, or government requests, including in response to public authorities to meet national security or law enforcement requirements. We also may disclose your Personal Information when we choose to establish or exercise our legal rights or defend against legal claims.
• With your consent – We may disclose any or all of the categories of your Personal Information for other purposes with your consent.

We have disclosed these categories of Personal Information in the 12-month period preceding the Effective Date of this Notice.

Please note that if you post any Personal Information in a public area of our Site(s), the information that you share will be visible to others and can be read, used, or collected by others. Sydata is not responsible for the way others may use Personal Information you post to public areas of the Site(s).

1.1.1.6  Your Privacy Rights

We respect your privacy rights related to the Personal Information we collect, use and disclose about you and we will comply with applicable data protection laws and regulations in the handling of your Personal Information. The availability of these rights and the ways in which you can exercise them are set out below.

1.1.1.6.1 European Privacy Rights

For individuals located in the EEA, United Kingdom, or Switzerland your rights include:

• Access: You have the right to request access to your Personal Information. This enables you to receive a copy of the Personal Information we hold about you and certain other information about it.
• Rectification: You are entitled to request that we correct inaccuracies of your Personal Information.
• Erasure: You have the right to request erasure of your Personal Information in certain circumstances.
• Restriction: You are entitled to ask us to restrict or suspend the processing of certain of your Personal Information.
• Data Portability: You may request to receive information you provided to us in a machine-readable portable format and to request the transfer of certain of your Personal Information to another party.

You have the right to make a complaint to a Data Protection Authority where you are a resident, where we are based, or where an alleged infringement of data protection law has taken place.

1.1.1.6.2  California Consumer Rights

For California residents, you are given rights under the California Consumer Privacy Act to request that Sydata discloses the following about the Personal Information we collect, use and disclose about you:

• the categories or specific pieces of Personal Information we have collected about you in the preceding 12 months;
• the categories of sources where we obtained Personal Information about you;
• the categories of Personal Information that we disclosed for a business purpose about you;
• the business or commercial purpose for which we collected your Personal Information; and
• the categories of third parties with which we shared your Personal Information in the preceding 12 months.

You can make any of the above requests two (2) times in each twelve (12) month period.

You also have the right to request that Sydata deletes any of your Personal Information that we have collected from you, with certain exceptions. For example, we may refuse your deletion request if we are permitted by law to keep the information. If we deny your request, we will explain why.

Additionally, you have the right to be free of discrimination for exercising your consumer privacy rights. We will not deny you services, charge different amounts or provide a different quality level of Services for exercising your rights unless the difference is reasonably related to the value of your data.

Finally, you have the right to direct businesses to stop selling your Personal Information. We do not sell Personal Information, and we do not knowingly collect or sell the Personal Information of minors under 16 years of age.

1.1.1.6.3   Other Jurisdictions

Under the laws of some jurisdictions you may have the right to request additional information about the Personal Information we collect, request access to the personal data we process, correct an error or omission, delete Personal Information, or object or limit further processing. Sydata will respect individual rights requests under those laws.

Additionally, if we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. This will not affect any processing of your Personal Information done before you withdrew your consent.

1.1.1.6.4   How to Exercise Your Privacy Rights

If you would like to exercise your privacy rights, please complete the web form  here.

OR

Call (760) 733-6913 to submit your request.

If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, we will require additional information to verify your identity and your authority to act on behalf of the California resident.

To protect your privacy and security, we will take steps to verify your identity by confirming Personal Information we have previously collected about you. We will abide by all applicable legal requirements for deadlines for responding to your request.

If you experience any issues with the web form or phone number, please contact info@sydatainc.com.

1.1.1.6.5  Your Right to Opt-Out from Marketing Communications

Where it is in accordance with your marketing preferences and applicable data protection laws, we may periodically send you updates via e-mail about promotional opportunities or services we think may interest you, such as jobs in our database that match your selection criteria, newsletters, white papers, surveys and event information.

You can opt-out of receiving marketing emails from us by clicking the unsubscribe link contained in such emails.

1.1.1.7  Cookies and Online Tracking

Sydata websites use “cookies” and similar technologies (like web bugs) to help personalize your online experience and for analytics purposes. For more information about cookies, the types of cookies we use, and how we use them, please see our  Cookie Notice.

1.1.1.8  Security of Your Personal Information

Sydata is committed to protecting the Personal Information you share with us. Sydata uses appropriate physical, technical, organizational and administrative security measures to help protect your Personal Information from unauthorized or unlawful access, use, or disclosure, and from accidental loss, destruction, or damage.

1.1.1.9  Data Retention

We retain Personal Information we collect from you where we have an ongoing business need to do so (for example, to provide you with the Service you have requested to maintain you in our talent pool to be potentially contacted about other employment opportunities or to comply with applicable legal, tax or accounting requirements).

When we have no ongoing business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

1.1.1.10  International Data Transfers

As a global company, we may transfer Personal Information within Sydata and third parties located in the United States and in other countries that may be outside your country of residence for storage and processing in order to provide the Services. These countries may not necessarily have data protection laws as comprehensive as those in your country or residence. In addition, we will have taken appropriate safeguards to protect your Personal Information in accordance with this Notice and applicable law wherever it is processed. These safeguards include implementing the European Commission Standard Contractual Clauses for transfers of Personal Information between Sydata and our self-certification to the Privacy Shield Frameworks which are explained in further detail below. Further details of these safeguards can be provided upon request.

1.1.1.10.1  EU-U.S. and Swiss-U.S. Privacy Shield Framework

For Personal Information we receive from the EEA, United Kingdom, and Switzerland, Sydata, Inc. has certified their compliance to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information from the EEA and Switzerland transferred to the United States. We have certified that we adhere to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy notice under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/. Although Sydata remains committed to following robust privacy principles, such as those underlying the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, Sydata does not rely on the EU-U.S. or Swiss-U.S. Privacy Shield Frameworks as a legal basis for transfers of Personal Information in light of the judgement of the Court of Justice of the EU in Case C-311/18.

Sydata is subject to the investigatory and enforcement powers of the Federal Trade Commission (“FTC”) with regards to our compliance with the Privacy Shield.

In compliance with the Privacy Shield Principles, Sydata commits to resolve complaints about your privacy and our collection or use of your Personal Information transferred to the United States pursuant to Privacy Shield. Residents of the EEA, United Kingdom, or Switzerland who believe that their information has not been processed in compliance with the Privacy Shield Principles may raise their complaints in a number of ways:

• You should first contact us by completing this very brief web form here. Alternatively, use the contact details provided below and we will respond to your complaint within 45 days of receipt.

Sydata, Inc.

6494 Weathers Place Suite 100 San Diego CA 92121

ATTN: Privacy Officer

info@sydatainc.com

Or if you are resident in the EEA, United Kingdom, or Switzerland:

Sydata, Inc.

6494 Weathers Place Suite 100 San Diego CA 92121

ATTN: Privacy Officer

info@sydatainc.com

• We have further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
• If your Privacy Shield 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 Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction

1.1.1.11  Children’s Privacy

This site is not intended for use by children under the age of 13. Sydata does not knowingly collect Personal Information from children under the age of 13. If we learn that we have collected Personal Information from a child under the age of 13, we will delete that data from our systems.

1.1.1.12  Links to Other Sites and Public Forums

Our Sites may contain links to other sites for your convenience and information. If you access those links, you will leave our Sites. Sydata does not control those sites or their privacy practices, which may differ from Sydata’s practices. Sydata is not responsible for the privacy practices or the content of other websites outside of Sydata. The Personal Information you choose to provide or that is collected by these third parties is not covered by this Notice. We encourage you to review the policies of such third parties before submitting your Personal Information.

Sydata may make message boards, news groups, and/or public forums available to users on its Sites. Any information that you disclose in these areas becomes public information that may be accessed by third parties; therefore, you should use caution before deciding to disclose any Personal Information in these forums.

1.1.1.13  Contact Us

If you have any questions, please contact:

Sydata, Inc.

6494 Weathers Place Suite 100 San Diego CA 92121

ATTN: Privacy Officer

info@sydatainc.com

Or if you are resident in the EEA, United Kingdom, or Switzerland:

Sydata, Inc.

6494 Weathers Place Suite 100 San Diego CA 92121

ATTN: Privacy Officer

info@sydatainc.com

1.1.1.13.1  Our Data Protection Officer

The Data Protection Officer is an independent advisor and supervisor of Sydata’s data protection compliance. The DPO’s advice is directed towards Sydata in the first instance. The DPO can be contacted at:

Attention: GDPR Data Protection Officer c/o Legal Department

Sydata, Inc.

6494 Weathers Place Suite 100 San Diego CA 92121

ATTN: The Data Protection Officer

info@sydatainc.com

1.1.1.14  Accessibility

We are committed to ensuring this Notice is accessible to individuals with disabilities. If you wish to access this Notice in an alternative format, please contact us as described above.

1.1.1.15  Changes of this Notice and Effective Date of Notice

If we change this Notice, we will post the revised Notice on our Sites, with an updated revision date. Any new Notice will automatically be effective when it is published on the website. You should therefore return here regularly to view our most up-to-date Notice. If we make material changes to our Notice, we may also notify you by other means, such as sending an email or posting a notice on our home page. The Effective Date of this Privacy Notice is October 28, 2020.