FullStack Labs Privacy Notice

The Americas
Last Updated: June 29, 2023

1. WHAT IS THE PURPOSE OF THIS DOCUMENT

Fullstack Labs (“FSL”) is committed to protecting the privacy, integrity and confidentiality of your personal information.

This privacy notice applies to all applicants for employment or contracting engagements, regardless of the medium, based in North America and South America, and describes how we collect and use personal information about you during and after your application process. This privacy notice also applies to personnel actually hired as employees or engaged as contractors.  

This privacy notice may be updated at any time. The most current version can always be accessed on https://www.fullstacklabs.co/how-we-hire. You should check the “Last Updated” date at the beginning of this privacy notice from time to time.    

This privacy notice should be read in conjunction with the Privacy policy (https://www.fullstacklabs.co/privacy) and cookie policy  (https://www.fullstacklabs.co/cookie-policy). This privacy notice controls with respect to the metters set forth herein if there is any conflict with the website privacy policy.

This privacy notice does not imply in any way any contract of employment or contract for services or any other relationship between the reader and FSL, nor does it form the basis for, or can it be claimed or used as the basis for, any contractual obligation, employment, or services relationship between you and FSL.

2. INFORMATION WE STORE ABOUT APPLICANTS

Personal data, or personal information, means any information, maintained by FSL, that can be used to identify an individual, including (1) any information that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother‘s maiden name, or biometric records; and (2) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information.

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

  • Personal contact details such as name, title, 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.
  • Your CV, professional social media profile such as LinkedIn, cover letter, application forms and other information regarding your employment history such as dates of employment, job titles, job descriptions, skills, reason for leaving, previous salary and benefits information, any websites or blogs you own or have contributed to, any photographs contained in your CV or professional social media profile, areas of interests, and/or notice periods/availability for employment.
  • Your salary or other remuneration expectations and details of any offers made by us to you and your responses.
  • For US applicants, your responses to any FSL questionnaires required for federal contractor compliance regarding gender, ethnicity, race, veteran status and disability status.
  • Interview history, questions, notes and various assessments results and analysis, including but not limited to technical, personality, and cognitive assessments.
  • Information obtained when conducting a post-offer background check, where applicable, such as information relating to references, criminal history, credit history, drug-check, finger-print check, and other screening results that may be applicable.
  • Your feedback on the FSL recruitment process.
  • Information FSL receives from your use on our website, such as the IP address, browser type, ISP, referring/exit pages, platform type, date/time stamp, number of clicks, domain name and location information such as country/state of user
  • Information to assess your right to work in the hire location, such as for example work permit status.
  • Details of communications with you, and how you interact with email communications and marketing communications.
  • Your data privacy and marketing communications preferences.
  • Characteristics of protected classifications under California or U.S. federal law, such as age, marital status, gender, sex, race, color, disability, citizenship, primary language, immigration status, military/veteran status, disability, request for leave, and medical conditions;
  • Internet or network activity information, such as browsing history and interactions with our online systems and websites and any personal information that you provide while accessing FSL’s computer systems, such as personal credit card information and passwords;
  • Geolocation data, such as device location from usage of FSL’s devices;
  • Audio, electronic, visual, and similar information (e.g. recorded webinars, recorded meetings, recorded interviews or assessments, and profile photos);

For California based applicants: Note, the categories of information described above generally fall within the following categories that are defined under the California Consumer Privacy Act: Identifiers; Personal information listed in the CA Customer Records Statute; Protected classification characteristics under CA; Biometric Information (related to fingerprint background checks where applicable and consent is received); Internet or similar network activity; Geolocational data (related to access to FSL’s webpage); Professional or employment-related information; Non-public education information (related to background checks where applicable and consent is received); and Inferences drawn from other personal information.

3. HOW WE USE APPLICANT PERSONAL INFORMATION

We mainly collect personal information about applicants from:

  • Directly from you, when you share the information with us during the applicant process or communications.
  • Directly from you, when you use our website.
  • From current FSL employees or contractors, with your prior permission, as part of our internal referral program.
  • From third parties, like websites, job boards, recruitment agencies or platforms that you have used to seek employment, display a professional profile, and/or registered on and have agreed for them to provide us with your information.

4. HOW WE USE APPLICANT PERSONAL INFORMATION

We may use your personal information for the following purposes:

  • To consider you or contact you for any role you have applied to or that we are otherwise considering candidates for.
  • To review or report on federal contractor compliance or other legal requirements as applicable.
  • Updating you on any changes to our privacy notice, security updates, or changes to our website or online profile area.
  • To make a decision regarding your recruitment or candidacy for employment or other engagement, or any employment action post-employment.
  • To determine any terms on which you may work for us.
  • To conduct assessments, background checks and drug screens, and to check references.
  • Internal reporting and understanding 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 you are hired or engaged, information may be incorporated into our HR or vendor system and become part of your HR or vendor file, and used for employment or engagement-related purposes.

5. DATA SHARING

Given the nature of FSL business, from time to time our clients would like to receive summary CVs of applicants like you, as well as our existing employees. At times we might provide only an anonymized summary CV but this is not always possible. We may provide our clients with your personal information so that they can consider you or contact you for their project needs as part of our services offering to them.

In order to understand how we can improve our internal recruitment processes, we may use a third party survey provider to (i) send you an invitation to a survey and/or (ii) collect your responses. Typically, we only share your 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 identifier, etc., for the purpose of ordering the check. Such checks will only be performed after securing your express consent.

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

We may also need to use third party service providers, for example, to help us manage our applicant tracking system or to host our websites or servers. We may also use a third party to assist in administration and analysis of our assessments, which include but are not limited to technical, personality and cognitive assessments. Where we need technical testing of your skills, we may use third party providers to undertake the testing on our behalf. We may typically share your name and contact information, primary skills, the role or the type of role you are applying for and your resume or CV, if required. We put contractual terms in place to protect your personal data.

We will share your 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 we collect about you to the US or outside of US borders.   Please note that, if you are not a US resident, the laws in the US that apply to your personal information may not be the same, or provide the same degree of protection, as those in your own country.  If you are not a US resident, you expressly consent to the transfer of your personal information to the US, where our servers are located.  Note, where, in accordance with this notice, we send or outsource your personal information to a country other than the country in which you are applying 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 requirement in that foreign country for purposes other than described herein.

We may also disclose your 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 the terms and conditions of our website or any other contract we have with you, including investigation of potential violations thereof, (b) comply with legal or regulatory requirements or an enforceable governmental request, (c) protect the rights, property or safety of us, our customers and users or other third parties, (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues.  

We reserve the right to transfer information (including your 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 you of such transfer, for example via email or by posting notice on our website.

Lastly, we may also disclose non-personal information (i.e., information that does not identify you), 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 your data that you provide to us in connection with the application process (other than as stated in this privacy notice), unless we obtain your express consent.   In all cases we will disclose your data only as permitted by the laws applicable to FSL’ business activities.

6. DATA SECURITY

We have put in place security measures designed to ensure the confidentiality, integrity, and availability of your 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.

FSL retains the information it receives about you for a period of four years, unless a shorter or longer period is required by law.

7. RECRUITMENT CAMPAIGNS

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

We will unsubscribe you from these emails within ten (10) business days.

8. YOUR CONSENT

By proceeding with your application, you indicate your acceptance of our collection, saving, use, transfer and disclosure of personal information as described in this notice. If you do not accept the terms you will not be allowed access to apply for a position online or have your written, offline submission considered for a position.  You also agree to the transfer of personal information about you to countries outside the country in which you reside, which may include countries with a different data protection regime than in place in the country in which you reside, as outlined above. 

The provision of personal information is voluntary. Please note however, failure to provide sufficient information may result in FSL being unable to consider your application

9. ADDITIONAL TERMS FOR:

A) UNITED STATES BASED APPLICANTS

Subject to applicable law and regulations, you may request to receive an accounting of personal information collected by FSL and have a right to access, correct, or delete your personal information, or oppose its processing. 

If you would like to exercise your rights, withdraw consent, file a complaint, or ask questions about this policy, you should contact us at privacy@fullstacklabs.co

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

If you make a request to access, correct, delete, or limit your personal information, please make clear what personal information you would like to access or have changed, whether you would like to have personal information that you have provided to us suppressed from our database, or otherwise let us know what limitations you would like to put on our use of your personal information.

B) CANADA BASED APPLICANTS

Subject to applicable law, you may request an opportunity to access, correct, or delete your personal information, or oppose the processing of your personal information. 

If you would like to exercise your rights, withdraw consent, file a complaint, or ask questions about this policy, you should contact us at privacy@fullstacklabs.co.

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

If you make a request to access, correct, delete, or limit your personal information, please make clear what personal information you would like to access or have changed, whether you would like to have personal information that you have provided to us suppressed from our database, or otherwise let us know what limitations you would like to put on our use of your personal information.

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 you. FSL's address is 21750 Hardy Oak Blvd, PMB 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”)

You should also be aware of your ARCO Rights (Access, Rectification, Cancellation and Opposition Rights). This means you may at all times, have a right to request access to your personal data or the correction of such data; likewise, you may request us to cancel your data, you may oppose to use of your data for specific purposes and you may request to revoke consent previously granted (the “ARCO Rights”). Please note that your ARCO rights may be subject to limitations, in accordance with law. To exercise your ARCO rights, you must send a request to the following email address privacy@fullstacklabs.co

If you wish to exercise your ARCO Rights, we will explain: (i) the information and/or documents we require for identification purposes; (ii) the expected timeframe by which you can expect a response; (iii) how to submit your request, including any forms that might be required; and (iv) the form in which we will deliver your information to you (for example: copies of documents or digital files).

If you would like us to limit the way we use or disclose your personal data in a particular way, or if you disagree with any updates to this privacy notice, please contact us at privacy@fullstacklabs.co to discuss this request or concern.

D) COLOMBIA BASED APPLICANTS

Sensitive data: To the extent that the personal data you provide to FSL includes sensitive data, including as examples but not limited to photos, identity documents and fingerprints, you expressly authorize that such data may be used, processed and transferred for security purposes, information validation, as a biometric identification system, and for any other related to the purposes herein stated.

E) BRAZIL BASED APPLICANTS

Users in Brazil have certain privacy rights as specified under Brazilian law, including the Lei Geral de Proteção de Dados Pessoais (LGPD). These additional terms make sure we cover the Brazil-specific requirements. FSL acts as Data Controller of the candidate's personal information. In Brazil, the data subject has the rights of Rights of Access, Deletion, Correction, and Portability. FLS use your personal information based on 

  • Legitimate interest. A reason we might use your information is because we have—or a third party has—a legitimate interest in doing so. For example, we need to use your information to provide and improve our services, including protecting your account.
  • Consent. In some cases we’ll ask for consent to use your information for specific purposes. If we do, we’ll make sure you can revoke your consent in our services or through your device permissions. Even if we’re not relying on consent to use your information, we may ask you for permission to access data like contacts and location.
  • Legal obligation. We may be required to use your personal information to comply with the law, like when we respond to valid legal processes or need to take action to protect our users.

You also have the right to object to our use of your information.

F) ARGENTINA BASED APPLICANTS

Reg. AAIP 14/2018: In Argentina, the data subject has the right to access your 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@fullstacklabs.co. The “Dirección Nacional de Protección de Datos Personales”, is the controlling entity of Law 25,326 (“Protección de datos Personales”), and has the attribution of attending any complaints or reports related to the infringement of personal data regulations.

G) DOMINICAN BASED APPLICANTS

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