Harqen Privacy Policy

Last modified: December 1, 2019

1. Introduction

This Privacy Policy describes how Harqen collects and uses Personal Data about you through the use of our Websites, mobile applications, and through email, text, and other electronic communications between you and Harqen.

Harqen, LLC (Harqen or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.

This Privacy Policy (our “Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit the websites https://harqen.com/ and https://va.harqen.com/login (each, a “Website”), or when you communicate with us through mobile or desktop applications or similar platforms (“Apps”), email, text, or other electronic means of communications, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • on our Websites;
  • in email, text, and other electronic messages between you and our Websites;
  • through Apps, which provide dedicated non-browser-based interaction between you and our Websites and/or products and services;
  • when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy; and
  • from third-party businesses, individuals, and other employers in connection with our services.

Except as set forth above, it does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by Harqen or any third-party (including our affiliates and subsidiaries); or
  • any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on our Websites.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Websites or Apps. By accessing or using these Websites and Apps, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of these Websites and Apps after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

2. Data Processor

Harqen is the data processor of the Personal Data you provide on the Websites and/or Apps. Contact information for Harqen is provided at the end of this Privacy Policy.

Harqen is the data processor of your Personal Data. The data controller is the hiring party that advertised the employment opportunity to which you are applying. You may contact Harqen to obtain contact information for the controller of your data. At this time, Harqen is not required to appoint a Data Protection Officer or a representative in the EU, and has elected not to do so. Harqen may be contacted in any manner set forth below in the “Contact Information” Section of this Privacy Policy.

3. Children Under Age 18

Our Websites and Apps are not intended for children under the age of 18 and children under the age of 18 are not permitted to use our Websites and Apps. We will remove any information about a child under the age of 18 if we become aware of it.

Our Websites and Apps are not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Websites or Apps. We do not knowingly collect Personal Data from children under 18. If you are under 18, do not use or provide any information on our Websites or Apps or on or through any of their features, register on the Websites or Apps, make any purchases through the Websites or Apps, use any of the interactive or public comment features of our Websites or Apps or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from a child under 18, please contact us at support@harqen.com.

4. Notice of Recording

If you are participating in an interview on our Websites and/or Apps that involves an audio or video component, it will be recorded and provided to the hiring party that advertised the employment opportunity to which you are applying.

By participating in an interview using our Websites and/or Apps, you acknowledge that you have been informed that you may be recorded as part of the interview process. Further, by participating in an interview using our Websites and/or Apps, you grant your irrevocable consent to Harqen to provide any recording created through your use of the Websites and/or Apps to the hiring party that advertised the employment opportunity to which you are applying, and for any other legal purpose, subject to the terms of this Privacy Policy.

All audio or video recordings of any interview you participate in using our Websites and/or Apps, and any works derived therefrom, shall be the sole property of Harqen or the hiring party that advertised the employment opportunity to which you are applying, as applicable, and you waive any and all rights of publicity, privacy, or other rights therein. You further waive any and all rights to bring an action at law or equity related to such interview(s) against Harqen, its successors, assigns, and licensees, and release them from any and all liability whatsoever.

If you do not agree to the above terms or if you do not wish to be recorded, you should not participating in any interviews using our Websites and/or Apps.

5. Information We Collect About You and How We Collect It

We collect different types of information about you, including information that may directly indentify you, informaiton that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.

Generally We collect several types of information from and about users of our Websites and Apps (“Personal Data”):

  • by which you may be personally identified, such as name, postal address, e-mail address, telephone number, Internet Protocol (“IP”) address, or any other identifier by which you may be contacted online or offline;
  • that is about you but individually does not identify you, such as traffic data, location data, logs, referring/exit pages, date and time of your visit to our Websites and Apps, error information, and other communication data and the resources that you access and use on the Websites and Apps; and/or
  • about your internet connection, the equipment you use to access our Websites and Apps and usage details.

We collect this information:

  • directly from you when you provide it to us;
  • automatically as you navigate through the Websites and Apps. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and
  • From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Websites and Apps are:

  • information that you provide by filling in forms on our Websites and Apps. This includes information provided at the time of registering to use our Websites and/or Apps, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Websites and/or Apps;
  • records and copies of your correspondence (including email addresses), if you contact us;
  • your responses to surveys that we might ask you to complete for research purposes;
  • your search queries on the Websites; and
  • information that you provide during any interview conducted on our Websites and/or Apps.

The Personal Data we collect from you is required to enter into a contract with Harqen, for Harqen to perform under the contract, and to provide you with our products and services. If you refuse to provide suchPersonal Data or withdraw your consent to our processing of Personal Data, then in some cases we may not be able to enter into the contract or fulfill our obligations to you under it.Information We Collect Through Automatic Data Collection TechnologiesAs you navigate through and interact with our Websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns:

  • details of your visits to our Websites. We collect traffic data, location data, logs, referring/exit pages, date and time of your visit to our Websites and/or Apps, error information, and other communication data and the resources that you access and use on the Websites;
  • Information about your computer and internet connection, i.e. your IP address, operating system, and browser type.
  • The information we collect automatically may include Personal Data, or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Websites and/or Apps and to deliver a better and more personalized service by enabling us to:
  • estimate our audience size and usage patterns;
  • store information about your preferences, allowing us to customize our Websites according to your individual interests;
  • speed up your searches; and
  • recognize you when you return to our Websites.

Cookie Policy: When you visit the Site and App, we ask your browser to store small text files containing a string of alphanumeric characters known as a cookie. Harqen uses both session cookies and persistent cookies. If you have chosen to identify yourself on a Site, we use session cookies containing encrypted information to identify you and facilitate your use of the Site. Session cookies are required to access much of the content and services offered on the Site and App. After you leave our Site and App and close your browser or mobile application, a persistent cookie remains. Persistent cookies can be removed by following your help file directions in your web browser. If you refuse our cookies, some features of the Site and App may not function properly.

6. Lawful Basis for Processing Your Personal Data

We have a lawful basis for our processing of your Personal Data, including processing for our legitimate interests (when balanced against your rights and freedoms), to fulfill our obligations to you under a contract with you, and required by law, and with your consent.

If you are in the European Union, the processing of your Personal Data is lawful only if it is permitted under the applicable data protection laws. We have a lawful basis for each of our processing activities (except when an exception applies as described below):

  • Consent. By using our Websites and/or Apps, you consent to our collection, use, and sharing of your Personal Data as described in this privacy policy. If you do not consent to this privacy policy, please do not use the Websites and/or Apps;
  • Legitimate Interests. We will process your Personal Data as necessary for our legitimate interests and the legitimate interests of the applicable controller. These legitimate interests are balanced against your rights and freedoms and we do not process your Personal Data if your rights and freedoms outweigh the legitimate interests. Our legitimate interests are to: facilitate communication between Harqen and you; detect and correct bugs and to improve our Website and/or Apps; safeguard our IT infrastructure and intellectual property; promote and market our business; provide a platform to conduct employment interviews for third parties; and develop our product and services. The data controller’s legitimate interests include managing the controller’s workforce and its business, including processing your Personal Data to perform workforce analysis and planning and make employment decisions.
  • To Fulfill Our Obligations to You under our Contract. We process your Personal Data on behalf of the controller in order to fulfill our obligations to you pursuant to our contract with you to deliver our products and services to you. In particular, we provide a platform on which the controller is able to conduct an interview with you, and we provide the video, audio, text, and other data generated by such interviews to the controller that has created the employment position to which you are applying.
  • As Required by Law. We may also process your Personal Data when we are required or permitted to by law; to comply with government inspections, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.

7. Special Categories of Information

We may process some Personal Data considered sensitive when necessary to carry out our obligations under the law or to protect our legitimate interests.

Some Personal Data processed by Harqen on behalf of the controller may be considered sensitive, including personal data that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade unions membership, or personal data concerning your health or data concerning your sex life or sexual orientation or history of criminal convictions. Harqen processes this information only to the extent necessary to carry out its obligations under the law or to the extent necessary to protect Harqen’s or the controller’s legitimate interests.

8. Automated Recommendation Index

We may process your Personal Data with automated decision making processes. A high-level description of the algorithms we use below.

Our processing of your personal data on behalf of the controller may include automated decision making, including profiling, which may produce a legal effect concerning you or similarly significantly affect you. The algorithms used for our automated decision making assign a recommendation index based on the use of certain words during an interview.

9. How We Use Your Information

 

We use your Personal Data for various purposes described below, including to:

  • provide our Websites and/or Apps to you;
  • provide you with information you request from us;
  • enforce our rights arising from contracts;
  • notify you about changes; and
  • provide you with notices about your account

 

We use information that we collect about you or that you provide to us, including any Personal Data:

  • On behalf of the applicable controller to fulfill its legitimate interests
  • to present our Websites and/or Apps and their contents to you;
  • to provide you with information, products, or services that you request from us;
  • to provide you with notices about your account/subscription, including expiration and renewal notices;
  • to carry out our obligations and enforce our rights arising from any contracts entered into between you and us;
  • to notify you about changes to our Websites and/or Apps or any products or services we offer or provide though them;
  • to allow you to participate in interactive features on our Websites and/or Apps;
  • in any other way we may describe when you provide the information; and
  • for any other purpose with your consent.

With your consent, we may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you wish to consent to this use, please check the relevant box located on the form on which we collect your data. If you wish to change your choice, you may do so at any time by logging into the Websites and/or Apps and adjusting our user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request at support@harqen.com. For more information, see Choices About How We Use and Disclose Your Information.

10. Disclosure of Your Information

 

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. We disclose your Personal Data to a few third parties, including:

  • the applicable data controller
  • our subsidiaries and our affiliates;
  • our third-party service providers that we use to support our business;
  • to a company we merge, acquire, or that buys us, or in the event of change in structure of our company of any form;
  • to comply with our legal obligations;
  • to enforce our rights; and
  • with your consent.

 

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personal Data that we collect or you provide as described in this privacy policy:

  • To the applicable data controller;
  • to our subsidiaries and affiliates;
  • to contractors, service providers, and other third parties we use to support our business. These entities provide IT and infrastructure support services, and payment processing services. Our payment processors’ privacy policies may be found at https://www.authorize.net/about-us/privacy/ ;
  • to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Harqen, LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Harqen, LLC about our Websites’ and Apps’ users is among the assets transferred;
  • for any other purpose disclosed by us when you provide the information; and
  • with your consent.

We may also disclose your Personal Data:

  • to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • to enforce or apply our terms of use https://harqen.com/policies/terms-of-use/ and other agreements, including for billing and collection purposes; and
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Harqen, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

11. Choices About How We Use and Disclose Your Information

We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Data for third-parties to advertise to you, our advertising to you, and other targeted advertising.

We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:

  • Promotional Offers from Harqen. We will only use your contact information to promote our own or third parties’ products and services with your express consent. If you wish to consent to such use, you can check the relevant box located on the form on which we collect your Personal Data or otherwise seek such consent. If you wish to change your choice, you may do so at any time by logging into the Websites and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to support@harqen.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to Harqen as a result of a product purchase, warranty registration, product service experience or other transactions.

You can learn more about interest-based advertisements and your opt-out rights and options from members of the Network Advertising Initiative (“NAI”) on its website (www.networkadvertising.org) and from members of the Digital Advertising Alliance on its website (www.aboutads.info). We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website.

12. Your Rights Regarding Your Information and Accessing and Correcting Your Information

You may have certain rights under applicable data protection laws, including the right to access and update your Personal Data, restrict how it is used, transfer certain Personal Data to another controller, withdraw your consent at any time, and the right to have us erase certain Personal Data about you. You also have the right to complain to a supervisory authority about our processing of your Personal Data.

Applicable data protection laws may provide you with certain rights with regards to our processing of your Personal Data. Please note that in many of the cases set forth below, we will only be able to direct you to the applicable data controller.

  • Access and Update. You can review and change your Personal Data by logging into the Website and visiting your “User Settings”. You may also notify us through the Contact Information below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. We may also not be able to accommodate your request if it is contrary to the purposes of the data controller, if we believe it would violate any law or legal requirement or cause the information to be incorrect.
  • Restrictions. You have the right to restrict our processing of your Personal Data under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Data is determined to be unlawful, or if we no longer need your Personal Data for processing but we have retained it as permitted by law.
  • Portability. To the extent the Personal Data you provide Harqen is processed based on your consent or that we process it through automated means, you have the right to request that the applicable controller provide you a copy of, or access to, all or part of such Personal Data in structured, commonly used and machine-readable format. You also have the right to request that we transmit this Personal Data to another controller, when technically feasible.
  • Withdrawal of Consent. To the extent that our processing of your Personal Data is based on your consent, you may withdraw your consent at any time by closing your account and informing the applicable data controller. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Data.
  • Right to be Forgotten. You have the right to request that the data controller delete all of your Personal Data. We cannot delete your Personal Data except by also deleting your user account, and we will only delete your account when we no longer have a lawful basis for processing your Personal Data or after a final determination that your Personal Data was unlawfully processed. We may not accommodate a request to erase information if we believe the deletion would be contrary to the instructions of the data controller, or would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your Personal Data as set forth in this policy. In addition, we cannot completely delete your Personal Data as some data may rest in previous backups. These will be retained for the periods set forth in our disaster recovery policies. Proper access and use of information provided on the Websites and/or Apps, is governed by our terms of use https://harqen.com/policies/terms-of-use/.
  • Complaints. You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly so that we may direct you to the applicable data controller, and in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.
  • How You May Exercise Your Rights. You may exercise any of the above rights by contacting us through any of the methods listed under Contact Information below and through the live chat feature of our Websites. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements. Please note that if you make unfounded, repetitive, or excessive requests (as determined in our reasonable discretion) to access your Personal Data, you may be charged a fee subject to a maximum set by applicable law.

13. Do Not Track Signals

We do not track you over time and across other third-party websites or services.

We do not track you over time and across third-party websites or other online services for any purpose.

14. Data Security

Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Data. You can help protect your Personal Data and other information by keeping your password to our Websites and/or Apps confidential.

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. All data collected will be encrypted.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Websites and/or Apps, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Websites and/or Apps. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites and/or Apps.

15. Consent to Processing of Personal Data in the United States/In Other Countries Outside the European Economic Area

We may process your Personal Data outside of your home country, including in the United States. We only do this when we are legally permitted to do so and when we have appropriate safeguards in place to protect your Personal Data.

If you are a resident of the European Economic Area (“EEA”), in order to provide our Websites, products, and services to you, we may send and store your Personal Data outside of the EEA, including to the United States. Accordingly, your Personal Data may be transferred outside the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Data.

Your Personal Data is transferred by Harqen to another country only at the request of the applicable data controller, if it is required or permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Data. By using our Websites and/or Apps, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Data that you provide directly to us on our Websites and/or Apps. To ensure your Personal Data (other than Personal Data you provide directly to us on our Websites and/or Apps) is treated in accordance with this Privacy Policy, Harqen uses Data Protection Agreements between Harqen and all other recipients of your data that include, where applicable, the Standard Contractual Clauses adopted by the European Commission (the “Standard Contractual Clauses”). The European Commission has determined that the transfer of Personal Data pursuant to the Standard Contractual Clauses provides for an adequate level of protection of your Personal Data. Under these Standard Contractual Clauses, you have the same rights as if your data was not transferred to such third party. You may request a copy of the Data Protection Agreement by contacting us through the Contact Information below.

16. Data Retention Periods

 

We retain your Personal Data for as long as you keep your account open. In some instances, we may keep it after you close your account, for example we may keep it:

  • as instructed by the applicable data controller
  • on our backup and disaster recovery systems;
  • for as long as necessary to protect our legal interests; and
  • to comply with other legal requirements.

Harqen will retain your Personal Data for the entire time that you keep your account open. After you close your account, we may retain your Personal Data:

  • As instructed by the applicable data controller
  • for as long as necessary to comply with any legal requirement;
  • on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
  • for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and
  • for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.

17. Changes to Our Privacy Policy

We will post any changes to our Privacy Policy on our Websites. If we make material changes to our Privacy Policy, we may notify you of such changes through your contact information and invite you to review (and accept, if necessary) the changes.

We may change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users’ Personal Data, we will notify you by email to the primary email address specified in your account and/or through a notice on the Websites’ home page. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Websites and/or Apps and this Privacy Policy to check for any changes.

18. Contact Information

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy, have any requests related to your Personal Data pursuant to applicable laws, or otherwise need to contact us, you must contact us at the contact information below or through the “Contact” page on our Websites. Please note that questions concerning the processing of your Personal Data will be directed to the applicable data controller.

To Contact Harqen (Processor)

Harqen
320 East Buffalo Street
Suite 403
Milwaukee, WI 53202
USA
+1 (414) 755-1962
support@harqen.com