Applicant Privacy Notice

1. Introduction

Attentive Mobile Inc. and its affiliated entities (“Attentive,” “we,” or “us”) value the trust of our employees and are committed to handling Personal Information appropriately and in accordance with applicable law. This Applicant Privacy Notice (the “Notice”) describes the ways in which we collect your Personal Information. All members of Attentive are bound by and comply with the terms of this Notice. This Notice applies to applicants (“you” and “your” or “Applicant”) for employment, including internship opportunities with Attentive via our application portals, websites, or other recruitment channels.

Attentive is committed to protecting the Personal Information that is collected from our existing and prospective employees and contractors. The purpose of this Notice is to explain the Personal Information we collect, access, store, transfer, use and disclose (together, “process”) in connection with your application. As used in this Notice, Personal Information refers to information about you or other individuals, and from which you or they are identifiable. 

Attentive recognises and respects your privacy and is committed to the Information Privacy Principles set out in the Privacy Act 1988 (Cth).By engaging with us, submitting an application to, or otherwise providing us with your Personal Information, you confirm that you have read and agree to the terms of this Notice and expressly consent to the collection, storage, transfer, use and disclosure of your Personal Information in accordance with the terms of this Notice. 

This Notice may be supplemented by other privacy notices that are specific to uses of your Personal Information or for other reasons as detailed in such supplemental notices.

For the purposes of this Notice, an “Applicant” means a current or former applicant for employment or engagement with us.

All Attentive Applicants should be familiar with our Privacy Notice and ensure that they comply with the terms of that Notice at all times. 

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2. What Personal Information Do We Process?

In the course of your application, we process Personal Information about you that may include the following:

• Personal details, including but not limited to your name, age, date of birth, gender, citizenship, occupation, education, prior work experience, and marital status;
• Contact details including but not limited to your current and previous residential and postal address, telephone or mobile number, and email address;
• Identification verification documents and immigration-related details, including but not limited to your citizenship, passport, driver’s license, details of residency, and, VEVO and VISAwork permit details;
• Compensation information (e.g., bank details, taxation details, shares of stock awarded and details about the entitlement to shares of stock awarded); talent management information, including but not limited to details contained in your Application and resume/CV, professional qualifications, information necessary to complete a background check (to the extent permitted by law), your role/position/title and areas of responsibility, and skills and experience;
• Audio and photographic and video images of you (e.g., on Attentive’s video conference or email address); and
• Vaccination documents and accommodation requests as may be necessary or permitted for a role.

We may also obtain information about you from other sources, to the extent permitted by applicable law including the following:

• Third parties who perform services for us, such as employment research firms, and companies that conduct background checks;
• Websites that are made available to us by you, or that are publicly accessible (subject to the third party’s privacy policy and terms of use);
• Our website, using cookies and other similar tracking technologies, as set forth in our Cookie Notice; and
• References and any other resources you provide to us. 

3. How Do We Use Personal Information?

We will use your Personal Information for the primary purpose of employing you and managing your employment relationship with us as part of your application. We may use your information for secondary purposes related (if the information is ‘sensitive information’, directly related) to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. We use your information for the purpose for which it was collected. Some examples of why we collect your Personal Information include the following:

1. To the extent necessary to process and manage your application, including to confirm your references and education background, conduct identity verification and background checks (to the extent permitted by law), assess your eligibility to work, make hiring decisions, and communicate with you about your application;
2. To manage workplace health and safety;
3. To inform you of potentially relevant employment opportunities (unless you indicate you would not like to be contacted);
4. To exercise and defend Attentive’s legal rights, and for reporting to, and audits by, national and international legal and regulatory authorities and complying with court orders associated with us;
5. To maintain and enforce our business insurance policies, specifically any employee insurance policies; 
6. To provide operational support, allocate company assets and human resources; strategic planning; manage mergers, acquisitions, sales, and re‑organizations; and business continuity; and
7. To comply with legal and other requirements, record-keeping and reporting obligations, conducting audits, complying with guidance issued by regulators, and conducting investigations and complying with internal policies and procedures.

If you are hired, your Personal Information may be used in connection with your employment (for example, to establish an employment record; administer employee wages; or administer employee participation in benefits and training plans and programs; or conduct onboarding activities, including granting access to internal systems and software).

Where your personal information is not ‘sensitive’ Personal Information (notably including information regarding your health, racial or ethnic origin, religious affiliation or criminal history) we may use your information for reasonably expected secondary purposes related to the above.

In general, we do not require Applicants to provide sensitive Personal Information (such as information about your race, ethnicity, religion, or sexual orientation), but you may provide such information voluntarily at your discretion. If you agree to provide this information, it will normally be used only for the purposes outlined above and will not be a factor considered in the hiring or selection process.

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4. Who Is Personal Information Shared With?

From time to time, we sometimes make Personal Information available to certain affiliated and unaffiliated third parties only for the purposes set forth above. These include the following categories of third parties:

• Service Providers, such as companies that provide products and services to Attentive such as payroll, benefits providers, employee assistance programs, and human resource services, and other purposes described in this Notice;
• Subsidiaries and affiliates in connection with identifying roles for which you may be eligible and otherwise for purposes described in this Notice;
• Professional Advisors, such as accountants, auditors, lawyers, insurers, bankers, and other outside professional advisors;
• Public and Governmental Authorities, such as law enforcement, public bodies, and other entities that have jurisdiction over Attentive; and
• Other Third Parties, such as third parties in connection with a merger, sale, assignment, or other disposition of all or any position of Attentive’s business, and any other third party to which you authorize us to share your Personal Information.

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5. What Is Our Legal Basis for Processing Your Personal Information?

If you are from the United Kingdom, or European Economic Area we will normally collect personal information from you only where we have your consent to do so or where the processing is in our legitimate interests (for example, assessing your application to work at Attentive) and not overridden by your data protection interests or fundamental rights and freedoms. If you are in Australia, we will collect and manage your ‘sensitive’ Personal Information in accordance with Australian privacy legislation. 

In some cases, we may also collect Personal Information from you pursuant to our legal obligations or where necessary for reasons of public interest.

Where we collect special categories of Personal Information from you (or if you are in Australia ‘sensitive Personal Information’), we will do so normally only with your explicit consent or where we have an obligation under applicable law to process such information. If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided below.

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6. Where Do We Transfer Your Personal Information?

We and our service providers may transfer your Personal Information to jurisdictions other than the one in which you provided it, including to the United States.

If you are an applicant from the United Kingdom, EEA, Australia or other jurisdiction that restricts the transfer of Personal Information, we will protect your Personal Information when it is transferred outside of these respective jurisdictions by:

• Processing it in a territory which the applicable authority has determined provides an adequate level of protection for personal information; or
• Obtaining your consent; or
• Implementing appropriate safeguards to protect your personal information, including through the use of Standard Contractual Clauses or another lawful transfer mechanism approved by the applicable authority.

If your data is disclosed overseas, it may be disclosed to recipients located in the United States.  

If you require further information about our international transfers of Personal Information, please contact us using the contact details provided further below.

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7. How Is Personal Information Secured?

Attentive will take reasonable steps, including by implementing technical, physical, legal and organisational measures, to protect Personal Information from misuse, interference, loss or unauthorised access, modification or disclosure that is consistent with applicable privacy and data security laws and regulations. 

In the event we hold special categories of Personal Information from you (or if you are in Australia ‘sensitive information’), we may undertake more rigorous security measures to protect such information. 

When Attentive engages a third party (including service providers) to collect or otherwise process Personal Information on our behalf, the third party is required to undergo appropriate review of their security measures and enter into an agreement that requires use of appropriate security measures to protect the confidentiality and security of Personal Information.

If we learn of a security system breach that may be considered a ‘notifiable data breach’ (under Australian legislation), we will attempt to notify you of the breach and any recommended steps by posting a notice on our website, by mail or through email.     

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8. How Does Attentive Retain Your Personal Information?

Attentive holds your Personal Information, and ‘sensitive’ Personal Information in accordance with our record retention requirements, which establish general standards and procedures regarding the retention and disposition of employee records. Your Personal Information and ‘sensitive’ Personal Information is retained as long as necessary to meet legal, regulatory and business requirements. Retention periods may be extended if Attentive is required to preserve your Personal Information in connection with litigation, investigations, and proceedings. When we have no ongoing legitimate business need to process your personal information, the information will be destroyed or de-identified within 24 months of the information ceasing to be required.

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9. What Rights Are Available to You?

In some countries, you may have certain rights under applicable data protection laws. These rights below apply in certain circumstances and are subject to certain legal exemptions:

• If you wish to access, correct, update, or request deletion of your Personal Information and are not able to do so within the application tool we use, you can send an email to privacy@attentive.com. You may also contact your recruiter or human resources representative. We will take reasonable steps to allow you to access your information unless circumstances exist that would prohibit us from doing so. We may request that you cover our reasonable costs for providing you with access.
• We will correct your Personal Information where we are satisfied that the information is inaccurate, out of date, incomplete, irrelevant or misleading. If we correct any personal information that we have disclosed to third parties, we will take reasonable steps to notify those parties of the change or update. You accept that following a request to correct your information we may be required to take reasonable steps to verify your identity or the personal information, which may include confirmation with third parties. We will not be responsible for any losses arising from any inaccurate or incomplete personal information.
• Certain jurisdictions (for example, the EEA), provide their residents specific privacy rights under applicable law. We will process your requests to exercise such rights, including if you object to the processing of your Personal Information, ask us to restrict or cease processing or request portability of your Personal Information, in accordance with applicable data protection laws. Subject to applicable law, you have the right to request access to and receive copies of your Personal Information, update and correct inaccuracies to your Personal Information, and have us restrict or cease processing of such data; or to have the data erased, deleted or ported (as appropriate or as permitted by applicable law). You may send us an e-mail at privacy@attentive.com  or using the contact details under the “Contact Information” heading below.
• In addition, if we process your Personal Information with your consent, you can contact us to withdraw your consent at any time.
• You have the right to complain to a data protection authority if you are unhappy about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA, Switzerland, and certain non-European countries (including the US and Canada) are available here. For Australia, your local data protection authority are available here. We will respond to all requests or complaints regarding your privacy within 30 days of receipt. 
• We will respond to such requests in accordance with the requirements of applicable data protection laws. Please note that in order to fulfil your request, we may need you to provide certain information to verify your identity.
• You have a right to deal with us anonymously or with a pseudonym to the extent it is reasonably practicable to do so.

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10. How Will You Be Notified of Changes to This Notice?

We review this Notice regularly and reserve the right to make changes at any time to take account of changes in our business activities and legal requirements, and the manner in which we process Personal Information. We will place updates on our intranet and inform you of the updates or material changes. We encourage you to periodically review this page for the latest information on our privacy practices.

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11. How Can You Contact Us?

To ask questions, provide comments or concerns about this Notice and our privacy practices, or if you need to update, change, or remove your information or exercise any other rights, then please contact your recruiter, People Team representative, or privacy@attentive.com, or by writing to us at:

Attentive Mobile Inc.
Attn: Privacy
221 River St., Suite 9047
Hoboken, NJ 07030

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