Applicant Privacy Notice
The Americas

Last Updated:  July 29, 2022

1. THE PURPOSE OF THIS DOCUMENT

FullStack Labs ("FSL") is committed to protecting the privacy, integrity, and confidentiality of our applicants' personal information.

This privacy notice applies to all of them for employment or contracting engagements, regardless of the medium, based in North America and South America. Here we also describe how personal information is collected and used during and after the application process. Nevertheless, this proposal is not intended for personnel actually hired as employees or those engaged as contractors.

This privacy notice may be updated at any time. The most current version can always be accessed at https://www.fullstacklabs.co/how-we-hire. By checking the "Last Updated" date at the beginning of this privacy notice, it is possible to know its last changed version. 

This document should also be read in conjunction with the privacy policy (https://www.fullstacklabs.co/privacy) and the cookie policy (https://www.fullstacklabs.co/cookie-policy). If there is any conflict of information, they control with respect to applicants. 

This applicant privacy notice does not imply any contract of employment, services, or any other relationship between the reader and FSL. It also does not constitute, and cannot be claimed or used as the basis for, any contractual obligation with us.

2. INFORMATION STORED ABOUT APPLICANTS

Personal data or information maintained by FSL can be used to identify an individual in two ways: 

(a) to distinguish or trace an individual’s identity using particularities such as name, social security number, date and place of birth, mother‘s maiden name, or biometric records.

(b) to link the particularities above to an individual, using, for example, medical, educational, financial, and employment information.

We may collect, store, and use the following categories of personal information:

  • Personal contact details such as names, titles, addresses, telephone numbers, and personal email addresses.
  • Date of birth, social security number, and/or other government-issued identifiers in connection with post-offer background checks, where applicable.
  • Curriculum Vitae, professional social media profile – such as LinkedIn –, cover letter, application forms, and other information regarding employment history, like dates of employment, job titles, job descriptions, skills, reasons for leaving, previous salary and benefits information, any websites or blogs that the individual has contributed to, any photographs contained in the CV or professional social media profile, areas of interests, and/or notice periods/availability for employment.
  • Salary or other remuneration expectations and details of any offers made by us to the applicants and their responses.
  • For US applicants, the responses to any FSL questionnaires that are required for federal contractor compliance regarding gender, ethnicity, race, veteran status, and disability status.
  • Interview history, questions, notes, technical assessment results, and analysis.
  • Where applicable, information obtained during a post-offer background check, such as references, criminal and credit history, drug testing, finger-printing check, and other contextual screening results.
  • The applicants' feedback on the FSL's recruitment process.
  • Information received from our website accesses, such as the IP address, browser type, ISP, referring/exit pages, platform type, date/time stamp, number of clicks, domain name, and location like the country of the user.
  • Information to assess the applicant's right to work in the hire location, for example, work permit status.
  • Details of communications with us and the interaction with email and marketing communications.
  • The applicants' preferences for data privacy and marketing communications.

3. HOW APPLICANTS' PERSONAL DATA IS COLLECTED

We mainly collect personal information about applicants from:

  • Directly them, when the information is shared with us during the application process or communication.
  • Directly from them via our website access.
  • From current FSL employees or contractors, with the applicants' prior permission, as part of our internal referral program.
  • From third parties, like websites, job boards, recruitment employee agencies or platforms that display a professional profile registered on and agree to provide us with the application information.

4. HOW APPLICANTS' PERSONAL INFORMATION IS USED

We may use personal information for the following purposes:

  • To consider or contact applicants for any role they have applied for or that we are otherwise considering candidates.
  • To review or report on federal contractor compliance or other legal requirements as applicable.
  • Updating applicants on any changes to our privacy notice, security updates, changes to our website, or online profile area.
  • To make a decision regarding an applicant's recruitment or candidacy for employment or other types of engagement, or any employment action post-employment.
  • To determine any terms on which an applicant may work for us.
  • To conduct background checks and drug screens and to check references.
  • Internal reporting and understanding of how we can improve our internal recruitment processes and website.
  • Understanding user traffic to our website.
  • To prevent fraud or other harm to FSL, our customers, or other third parties.
  • If an applicant is hired or engaged, information may be incorporated into our HR or vendor system, become part of their HR or vendor file, and used for employment or engagement-related purposes.
  • Directly from applicants when they share the information with us during the selection process and its communications.
  • Directly from applicants when they use our website.
  • From current FSL employees or contractors, with applicants' prior permission, as part of our internal referral program.
  • From third parties, like websites, job boards, recruitment employee agencies or platforms that display a professional profile registered on and agree to provide us with the application information.

5. DATA SHARING

Given the nature of FSL's business, sometimes our clients would like to receive summary CVs of applicants as well as of our existing employees. Occasionally we might provide only an anonymized summary CV, but this is not always possible.

In order to understand how we can improve our internal recruitment processes, we may use a third party survey provider to:

(a) send an invitation to our applicants to fill in a survey.

(b) and/or collect their responses. 

Typically, we only share their name and email address. Only team leaders and recruitment managers in appropriate FSL Talent Acquisition teams will have access to replies from applicants under their remit. 

We may also partner with a background check vendor to assist in any post-offer background checks of applicants, which may require sharing certain personal information such as name, date of birth, address, social security number, or other government identifiers, etc., for the purpose of ordering the check. Such checks will only be performed after securing express consent.

We may also use third party communication providers to help us manage communications around our recruitment and information campaigns.

Another possibility is to use third party service providers, for example, to help us manage our applicant tracking system or to host our websites or servers. This includes using a third party to assist in the administration and analysis of our technical assessments. Where we need technical testing of applicants' skills, we may use third party providers to undertake the testing on our behalf. In such cases, we typically share names and contact information, primary skills, the role or the type of role applied for, and a resume or CV, if required. We put contractual terms in place to protect personal data.

We will share applicants' data with other companies within the FSL group only for the purposes set out above. As FSL is a company with global operations, we may transfer the personal information collected to the US or outside of US borders. If the applicant is not a US resident, the laws of this country that apply to personal information may not be the same or provide the same degree of protection, as those in other countries. In that scenario, the applicants must expressly consent to the transfer of their personal information to the US, where our servers are located. Important: in accordance with this notice, we send or outsource personal information to a country other than the applicant's country to render services for FSL. That personal information may be available to the applicable foreign government or its agencies under a lawful order or other legal requirements in that foreign country for purposes other than those described herein.

We may also disclose personal information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to

(a) enforce or apply our website's terms and conditions or any other contract we have with applicants, including investigating potential violations.

(b) satisfy legal or regulatory requirements or a legally binding governmental request.

(c) protect our, our customers' and users', or other third party rights, property, or safety.

(d) deter crime or safeguard national security.

(e) to detect, prevent, or address fraud, security, or technical issues in other ways.

We reserve the right to transfer information (including applicants' personal information) to a third party in the event of a sale, merger, or transfer of all or substantially all of the assets of FSL, or in the unlikely event of a bankruptcy, liquidation, or receivership of our business. We will use commercially reasonable efforts to notify applicants of such a transfer, for example, via email or by posting a notice on our website.

Lastly, we may also disclose non-personal information (i.e. information that does not identify a particular applicant), aggregated with information about other individuals, to our customers, business partners, merchants, advertisers, investors, potential buyers, and other third parties if we deem such disclosure, in our sole discretion, to have sound business reasons or justifications.

We will not sell or use an applicant's data provided to us in connection with the application process (other than as stated in this privacy notice), unless we obtain their express consent. In all cases, we will disclose personal data only as permitted by the laws applicable to FSL's business activities.

6. DATA SECURITY

We have put in place security measures designed to ensure the confidentiality, integrity, and availability of applicants' personal information.

We have put in place policies to deal with any suspected data security breach and will follow any legally required breach notification processes.

We will retain their personal information until it is determined that there is no longer a legal or legitimate business reason to preserve it.

7. RECRUITMENT CAMPAIGNS

For any recruitment campaigns that FSL decides to engage in, applicants can opt-in to receive information about them and may also unsubscribe from these emails at any time by clicking the unsubscribe link on any recruitment campaign email from us.

The unsubscribe request from these emails will occur within ten business days.

8. APPLICANTS' CONSENT

By proceeding with an application, applicants indicate their acceptance of our collection, saving, use, transfer, and disclosure of personal information as described in this notice. If these are not acceptable, they will not be allowed access to apply for a position online or have their offline submission considered. Applicants must also agree to the transfer of personal information about them to countries outside their residence, which may include ones with different data protection regimes as outlined above.

The provision of personal information is voluntary. However, failure to provide sufficient information may result in FSL being unable to consider an application.

9. ADDITIONAL TERMS FOR:

A) UNITED STATES BASED APPLICANTS

Subject to applicable law and regulations, applicants may request an opportunity to access, correct, or delete their personal information, or oppose its processing.

To exercise rights, withdraw consent, file a complaint, or ask questions about this policy, please contact us at https://www.fullstacklabs.co/#contact 

We will assess any request under the applicable laws and regulations and other legal mandates and rights of FSL.

If there is an applicant's request to access, correct, delete, or limit their personal information, they should make clear what they would like to access or have changed. Whether to have personal information provided to us suppressed from our database, or otherwise let us know what limitations must be used.

B) CANADA BASED APPLICANTS

Subject to applicable law and regulations, applicants may request an opportunity to access, correct, or delete their personal information, or oppose its processing.

To exercise rights, withdraw consent, file a complaint, or ask questions about this policy, please contact us at https://www.fullstacklabs.co/#contact.

We will assess any request under the applicable laws and regulations and other legal mandates and rights of FSL.

If there is an applicant's request to access, correct, delete, or limit their personal information, they should make clear what they would like to access or have changed. Whether to have personal information provided to us suppressed from our database, or otherwise let us know what limitations must be used.

C) MEXICO BASED APPLICANTS

Under local law, FSL is a "data controller." This means that we are responsible for deciding how we hold and use personal information about applicants. 

FSL's address is 21750 Hardy Oak Blvd., Ste. 104, San Antonio, TX 78258. 

Personal data we collect from Mexico-based applicants may also include:

Unique Population Registry Code (by its initials in Spanish, "CURP"), Federal Taxpayer Registry (by its initials in Spanish, "RFC")

Mexican applicants should also be aware of their ARCO Rights (Access, Rectification, Cancellation, and Opposition Rights). This means they have the right to request access to or correction of their personal data at any time. Likewise, they may request us to cancel or oppose the use of their data for specific purposes. Applicants may also request to revoke the consent previously granted (the "ARCO Rights"). The ARCO rights may be subject to limitations in accordance with the law. To exercise the ARCO rights, those applicants must send a request to the following email address: https://www.fullstacklabs.co/#contact

We explain how to exercise ARCO rights: 

(a) the data and/or documents required for identification.

(b) the expected timeframe by which applicants may expect a response.

(c) how to submit a request, including any forms that might be required.

(iv) the form in which we will deliver personal information to applicants (for example, copies of documents or digital files).

If Mexican applicants would like us to limit the way we use or disclose their personal data in a particular way, or if you disagree with any updates to this privacy notice, please contact us at https://www.fullstacklabs.co/#contact to discuss this request or concern.

To exercise those rights, withdraw consent, file a complaint, or ask questions about this policy, please contact us at https://www.fullstacklabs.co/#contact

We will assess any request under the applicable laws and regulations and other legal mandates and rights of FSL.

If there is an applicant's request to access, correct, delete, or limit their personal information, they should make clear what they would like to access or have changed. Whether to have personal information provided to us suppressed from our database, or otherwise let us know what limitations must be used.

D) COLOMBIA BASED APPLICANTS

To the extent that the personal data provided to FSL include sensitive data, such as examples but not limited to photos, identity documents, and fingerprints, Colombian applicants must expressly authorize that such data may be used, processed, and transferred for security, information validation, as a biometric identification system, and for any other purpose related to the ones herein stated.

E) BRAZIL BASED APPLICANTS

Brazilian users have certain privacy rights as specified under the country's laws, including the Lei Geral de Proteção de Dados Pessoais (LGPD). These additional terms make sure we cover the Brazil-specific requirements. FSL acts as the Data Controller of the candidate's personal information. The data subject has the rights of access, deletion, correction, and portability. FLS uses your personal information based on:

(a) Legitimate interest: We may use your information if we have a legitimate interest in doing so, or if a third party has a legitimate interest in doing so.For example, we need to use applicants' information to provide and improve our services, including protecting their accounts.

(b) Consent: in some cases, we’ll ask for consent to use personal information for specific purposes. If we do, we will ensure that applicants have the ability to revoke consent for our services or through their device permissions. Even if we’re not relying on consent to use personal information, we may ask them for permission to access data like contacts and location.

(c) Legal obligation: we may be required to use applicants' personal information to comply with the law, like when we respond to valid legal processes or need to take action to protect our users.

Applicants also have the right to object to our use of their information.

F) ARGENTINA BASED APPLICANTS

Reg. AAIP 14/2018: the data subject has the right to access Argentinian citizens' personal information at intervals of not less than six months free of charge, unless a specified legitimate interest is proven pursuant to section 14, paragraph 3 of Act 25,326 by submitting an email to privacy@XXX.com. The "Dirección Nacional de Protección de Datos Personales" is the controlling entity of Law 25,326 ("Protección de datos Personales"), and has the responsibility of attending to any complaints or reports related to the infringement of personal data regulations.

G) DOMINICAN BASED APPLICANTS

A Dominican candidate or employee has the right to access, rectification, and deletion of their personal data when deemed necessary, in accordance with the provisions of Article 5, paragraph 3 of Law 172-13. The owner acknowledges that these policies comply with the purpose of information regarding the use of data, recipients and stocks of files, and database registration of the information provided, giving their free, express, and informed consent to the content in these policies with the acceptance of the same.