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Job Applicant Privacy Notice

eGain Corporation and its subsidiaries, including without limitation, eGain Communications Limited (each, “eGain”, “we,” “our,” or “us”) understand the importance of protecting job applicant information. As part of any recruitment process, eGain collects and processes personal data relating to job applicants (“you,” “your,” or “yours”). We are committed to being transparent about how we collect and use that data and to meeting our data protection obligations.

eGain reserves the right to modify this Privacy Notice by posting changes to the Careers page on our website (http://www.egain.com/company/careers/). If you submit your personal data following the effective date of a modified policy, your personal data will be handled in accordance with the policy in effect at that time. We recommend that you check the Privacy Notice on our website each time you send us an application or additional candidate data.

This Privacy Notice only applies to the personal data of job applicants, potential candidates for employment, and our optional recruiting programs and events. It does not apply to our employees, contractors or clients, or other personal data that we collect for other purposes.

For the purposes of the EU General Data Protection Regulation 2016/679 (the “GDPR”) the data controller is eGain Communications Limited (for roles in the UK or EMEA) and eGain Corporation (for roles in the U.S. or APAC).

Your choice and consent

Providing your personal data is voluntary. However, if you decline to submit requested personal data, our ability to consider you as a candidate may be limited.

By submitting your personal data, you declare that you:

  • have read, understood and accepted this Privacy Notice;
  • are granting your consent to the holding and processing of your data in accordance with this Privacy Notice;
  • are declaring that the information given in the application is complete and true to the best of your knowledge, and understand that incorrect statements could lead to your application being rejected;
  • are authorizing us to verify statements contained in your application and to make any necessary background and reference checks; and
  • your personal data may be transferred and processed worldwide, including 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; and
  • this Privacy Notice does not form part of any contract of employment offered to candidates hired by eGain.

As used in this Privacy Notice, “personal data” means information that identifies job applicants and potential candidates for employment with us, either submitted as part of the online application and/or through alternative channels (e.g., via professional recruiting firms). Personal data includes sensitive personal data and Pseudonymised personal data but excludes anonymous data or data that has had the identity of an individual permanently removed.

We will process your personal data in accordance with this Privacy Notice, unless such processing conflicts with the requirements of applicable law, in which case, applicable law will prevail.

What information do we collect?

The types of personal data that we request from you and the ways that we process it are determined by the requirements of the country in which the position is located, and not the country in which you reside. Should you apply to more than one location or should the role to which you apply be available in more than one country, the types of personal data we request from you and the ways that we process it are determined by the requirements of all the countries in which the position is located.

We collect a range of personal data about you. This includes:

  • your name, address and contact details, including email address and telephone number;
  • details of your qualifications, skills, experience and employment history;
  • information about your current level of remuneration, including benefit entitlements, to the extent this is permitted by applicable law; and
  • information about your entitlement to work in the country of employment.

We also collect sensitive personal data (also known as special categories of personal data) about you, to the extent permitted by applicable law. We will only process your sensitive personal data with your explicit consent, which you can withdraw at any time. This includes:

  • whether or not you have a disability for which we need to make reasonable adjustments during the recruitment process; and
  • information about ethnic origin, sexual orientation or religion or belief to monitor our recruitment process and ensure equality of opportunity.

We may collect this information in a variety of ways. For example, data might be contained in application forms, CVs or resumes, obtained from your driver’s license, passport or other identity documents, or collected through interviews or other forms of assessment.

We may also collect personal data about you directly from third parties, such as when doing a background check or employment reference, to the extent this is permitted by applicable law. We will seek information from third parties only once a job offer to you has been made and will inform you that we are doing so. This is subject to your consent where required by law.

For the avoidance of doubt, we do not wish to receive any confidential or proprietary information which you have received from your previous employers.

Why does eGain process personal data?

We collect and use 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;
  • recordkeeping in relation to recruiting and hiring;
  • ensuring compliance with legal requirements, including diversity and inclusion requirements and practices;
  • conducting criminal history checks as permitted by applicable law;
  • protecting our legal rights to the extent authorized or permitted by law; or
  • emergency situations where the health or safety of one or more individuals may be endangered.

We may also analyze your personal data or aggregated/pseudonymized data to improve our recruitment and hiring process and augment our ability to attract successful candidates.

We process your personal data for the purposes described above: when we have your consent to do so; when necessary to enter into an employment contract with you; when necessary for us to comply with a legal obligation; or when necessary for the purposes of our legitimate interests as an employer operating globally.

We may process special categories of data, such as information about ethnic origin, sexual orientation or religion or belief, to monitor recruitment statistics. We may also collect information about whether or not applicants are disabled to make reasonable adjustments for candidates who have a disability. We process such information to carry out its obligations and exercise specific rights in relation to employment.

Who has access to data?

Your information may be shared internally for the purposes of the recruitment exercise. This includes members of the Human Resources and recruitment team, recruiters and interviewers involved in the recruitment process working in different countries within the eGain global organization, managers in the business area with a vacancy, individuals performing administrative functions and IT staff if access to the data is necessary for the performance of their roles.

We will not share your data with third parties, except to selected third parties who support us with the recruitment process, including third party service providers that may assist us in recruiting talent, administering and evaluating pre-employment screening and testing, and improving our recruiting practices.

We maintain processes designed to ensure that any processing of personal data by third party service providers is consistent with this Privacy Notice and protects the confidentiality, availability, and integrity of your personal data. Where required by law, we put in place legal mechanisms designed to ensure adequate data protection of your personal data in a third country. If you would like more information about these legal mechanisms, which may include the EU’s Standard Contractual Clauses, please contact us at the address provided at the end of this Privacy Notice.

In addition, we 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.

In some countries, you may have fewer rights under local law than you do in your country of residence, but we have put in place legal mechanisms designed to ensure adequate data protection of your personal data that is processed by eGain’s subsidiaries, including the transfer of your personal data to countries other than the one in which you reside.

How does eGain protect data?

Your collected personal data will be stored in a range of different places, including on your application record, in Human Resources management systems and on other IT systems (including email).

We have implemented generally accepted standards of technical and operational security to protect personal data from loss, misuse, alteration, or destruction. Only authorized personnel of eGain and of our third party service providers are provided access to personal data, and these employees and third party service providers are required to treat this information as confidential. Despite these precautions, we cannot guarantee that unauthorized persons will not obtain access to your personal data.

For how long does eGain keep personal data?

In addition to using your data for the position for which you have applied, we may retain and use your personal data to consider you for other positions, but only with your explicit consent and for a maximum period of 12 months. If after this period, we feel it necessary to retain your records, we will make the request to you in writing. The request to retain your records will set out the reasons why we wish to hold the information for a longer time period. If you do not want to be considered for other positions, eGain will delete all your data. If we do not receive a response with four (4) weeks, we will delete your records.

If you accept an offer of employment by us, any relevant personal data collected during your pre-employment period will become part of your personnel records and will be retained in accordance with specific country requirements. If we do not employ you, we may nevertheless continue to retain and use your personal data, with your explicit consent, for a maximum period of 12 months (for such other period as may be permitted by law depending on the country) for system administration purposes, to consider you for potential future roles, and to perform research. Thereafter, we retain a minimum amount of your personal data to record your recruiting activity with us.

In certain jurisdictions, we are required to retain your application and resume for a longer period. Under the laws of California, we are required to maintain pre-employment records such as job applications for a minimum period of 2 years. As a federal contractor, we must also maintain any such pre-employment records for up to three years in some cases. We will endeavor to keep you informed where such legal obligations apply to your personal data.

Your rights in connection with personal data

We have implemented measures that are designed to ensure that our processing of your personal data complies with this Privacy Notice and applicable law.

You may have the right to request access to the personal data that we have collected about you for the purposes of reviewing, modifying, or requesting deletion of the data. You may have the right to request a copy of the personal data we have collected about you and to have any inaccuracies about you corrected. You may also request that we cease processing your personal data (e.g., if you choose to withdraw from our recruiting activities), although note that we may need to retain certain personal data where required or permitted to under applicable law.

To help protect your privacy and security, we will take reasonable steps to verify your identity before granting you access to your personal data. We will make reasonable attempts to promptly investigate, comply with, or otherwise respond to your requests as may be required by applicable law. Depending upon the circumstances and the request, we may not be permitted to provide access to personal data or otherwise fully comply with your request; for example, where producing your information may reveal the identity of someone else.

We reserve the right to charge an appropriate fee for complying with your request where allowed by applicable law, and/or to deny your requests where, in eGain’s discretion, they may be unfounded, excessive, or otherwise unacceptable under applicable law.

In addition, and where granted by applicable law, you may have the right to lodge a complaint with a competent data protection authority.

Cookies and other tracking technologies

We may use first party and third-party cookies, web beacons, pixels, clear gifs, and other similar technologies (collectively “Tracking Technologies”) to identify you and your interests, to remember your preferences, and to track your use of our websites. We also use Tracking Technologies to control access to certain content on our websites, to protect the websites, and to process any requests that you make of us. You can learn more about our use of Tracking Technologies by reading our Privacy Policy located at http://www.egain.com/privacy-policies/.

How to contact us

If you would like to make a request to access, review, or correct the personal data we have collected about you, request erasure of your personal data, object to the processing of your personal data, request that we transfer a copy of your personal data to another party or to discuss how we process your personal data, please contact us at:

If you applied to a job at eGain in the U.S or APAC:

eGain Corporation
c/o Data Protection Officer
1252 Borregas Avenue
Sunnyvale, CA 94089
U.S.A.
Email: dataprivacy@egain.com

If you applied to a job at eGain in the U.K. or EMEA:

eGain Communications Limited
c/o Data Protection Officer
St Catherine’s House, Oxford Street
Newbury, Berkshire
United Kingdom RG14 1JQ
Email: dataprivacy@egain.com

If you have any questions regarding this Privacy Notice, please do not hesitate to contact us:

eGain Corporation
c/o Legal Department
1252 Borregas Avenue
Sunnyvale, CA 94089
U.S.A.
Email: dataprivacy@egain.com

This Privacy Policy is dated May 25, 2018