Candidate Privacy Policy

This Candidate Privacy Notice (“Notice”) explains how STARBURST DATA, INC. (“Starburst”, “we”, “our”, or “us”) collect, store, use, disclose, and otherwise process personal information about you during the application and recruitment process. This Notice also sets out more information about your privacy rights. If you become employed by Starburst, the processing of your personal information will be subject to Starburst’s Global Employee Privacy Notice. This Notice does not apply to use of Starburst’s generally available product offering hosted by or on behalf of Starburst or your access to or use of our websites (such as, https://www.starburst.io/). 

1. Information We Collect 

In connection with our recruitment and hiring activities, we generally collect personal information directly from you. We may also, to the extent permitted by law, receive information about you from third parties, for example, your references, our personnel who interview you, recruitment agencies we work with, publicly available information from websites or social media, including information you provide us via such third party in connection with your application (e.g., when you apply through LinkedIn), or third parties who help us to carry out background and reference checks and help to assess suitability for employment. This may include: 

• Identifiers, such as your full name, address, email address, phone number, or picture;  
• National identifiers and work eligibility information, such as country of birth, nationality, citizenship, visa or working permit status, passport data, national identification number, or driver license or other government issued identification card information;
• Demographic information, such as your date of birth, gender, marital and family status, ethnicity, national origin, disability (e.g., in connection with accommodation requests);
• Audio, electronic, visual or similar information, and physical access records related to our physical premises; 
• Professional or employment related information, such as the name of your employer, information contained in your letters of application, resume, CV, and/or cover letter, professional qualifications and other relevant skills, background and reference checks (where permitted by law), languages, and (if provided) historical salary, wages, compensation, or bonus data;
• Education information, such as education history, degrees, certifications, transcripts, and similar information in support of your application; and
• Other information, such as records of documents and emails created by or relating to you, and information you voluntarily provide us during the course of your recruiting and application process.

Some of the personal information that we collect is deemed sensitive in certain jurisdictions. For example, where allowed by law and reasonably necessary, we process sensitive personal information relating to your health, ethnicity, or gender, such as in connection with disability or accommodation requests. Where allowed by law and reasonably necessary, we also may conduct background and reference checks and collect information about any prior criminal offenses in order to assess suitability for certain of your job responsibilities.

2. Use of Information We Collect

We process your personal information for purposes related to carrying out our application and recruitment processes, and where you are successful in your application, for entering into an employer-employee relationship with you, including to: 

• communicate with you regarding the application and recruitment process, as well as roles that may be of interest to you, including by email, phone/text, and via our applicant applications and systems; 
• respond to your inquiries or requests;
•  review and assess information related to your candidacy, including your suitability, skills, experience, qualifications, and interests;
• verify your information, including via reference checks;
• if you are successful in your application: 
  • perform background screening, education screening, and reference checks, each as permitted by applicable law;
  • communicate with you, and to send you information or equipment, regarding your new hire and employee experience prior to your start date; and
  • transfer your personal information to your employee file; and
• If you are not successful with your application, retain your personal information for a reasonable period of time and may, as allowed by law, reach out to you regarding future roles which we determine may match your experience and skills. If you do not wish for us to reach out to you for future roles, you may always opt out of such communication by submitting a request as detailed in Section 14 and 15 of this Notice.  

We may also process your personal information to: 

• detect, prevent, and respond to fraud or other potentially illegal activities, including in connection with the use of our applicant applications and systems or our physical premises;
• secure, monitor, and protect our corporate assets, such as our networks, systems, devices, and physical premises;
• operate, evaluate, and improve our applicant applications and systems, our application and recruitment process, including to analyze our candidate base, hiring practices or trends, to identify qualifications or skills shortages, and to match candidates and potential opportunities;
• audit, test, maintain or troubleshoot our applicant applications and systems and our application and recruitment process;
• comply with legal and regulatory obligations to which we are subject; and 
• cooperate with law enforcement or regulators, where required.

3. Sharing of Personal Information 

We may disclose your personal information for the purposes listed above and where permitted by applicable law, in the following ways:

• to Starburst and Starburst personnel involved in the recruiting and hiring processes and others who need to know for a legitimate business purpose;
• to service providers and vendors in connection with the provision of services to us including, but not limited to, recruitment, talent acquisition and administration, technology services, and background and employment history checks (where allowed by applicable law);
• to contact your professional references to conduct a reference check; 
• to comply with laws or to respond to lawful requests and legal process or to establish, defend or protect Starburst’s rights and property or those of third parties; 
• in connection with or during negotiation of any business transfer, merger, financing, acquisition, or dissolution transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our business or assets to another company; 
• in order to protect any individual’s vital interests, but only where we believe it necessary in order to protect the vital interests of any person; or
• when you instruct us to do so or with your consent.

4. Legal Basis for Processing Information

Certain laws (such as EEA General Data Protection Regulation and other similar laws) require that we inform you of the legal bases for our processing of your personal information. Subject to these laws, we process personal information generally pursuant to the following legal bases:

• Contract: the processing is necessary for the performance of a contract to which you are a party, or to take steps to enter into a contract with you including, for example, by processing your personal information to enter into an employment agreement;
• Legal Obligation: the processing is necessary to comply with a legal obligation to which we are subject, including reviewing eligibility for work and avoiding unlawful discrimination; when we are required by applicable law to process certain personal information about you, your failure to provide the data may prevent, or delay, the fulfillment of those legal obligations, and may impact our ability to employ you;
• Legitimate Interest: in furtherance of our legitimate business interests balanced against your rights (where our interests are not overridden by your interests, fundamental rights or freedoms), including ensuring fair and efficient recruiting processes and improvements thereto and ensuring the security of our facilities and websites;
• Consent: we have obtained your consent, in accordance with applicable legal requirements; for example if you are in the EEA or the UK, your consent must be informed, specific, and freely given, and we only rely on this legal basis under limited circumstances, where your participation in an activity is entirely voluntary, you are directing us to disclose or process your personal information in a specific way (e.g., to provide a reference or verify your employment to a third party at your request), or we are required under relevant laws to obtain your consent. Where we rely on your consent to process your personal information, you may withdraw that consent at any time by contacting us as described in section 14 & 15 of this notice. Other Legal Bases: Where permitted by applicable law, we may process your personal information to protect vital interests, or to exercise, establish or defend legal rights and claims. 

5. Data Integrity And Security

Starburst uses industry standard security measures to protect against the loss, misuse and/or alteration of data located on our systems. We implement appropriate measures and processes, such as using encryption when transmitting certain sensitive information, to help us to keep your information secure and to maintain its quality. We regularly review our security and related policies to adapt the technology as new threats evolve, and monitor our systems to help ensure the highest level of availability. If you have any questions about the security at our Websites, you can reach out to us at privacy@starburstdata.com.

6. HOW LONG WILL WE KEEP YOUR PERSONAL DATA?

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you can ask us to delete your data: see the “Your rights” section below for further information.

In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

7. YOUR RIGHTS UNDER APPLICABLE DATA PROTECTION LAWS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. We have explained your rights below; if you wish to exercise any of your rights, please contact us at privacy@starburstdata.com. 

You have the right to:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.  If you do not want to receive promotional or other e-mail from Starburst, you can remove yourself from our mailing lists.

8. YOUR RIGHT TO MAKE A COMPLAINT AND HOW TO CONTACT US

Your privacy is very important to us. You have the right to make a complaint at any time to the supervisory authority for data protection issues in your state or country. We would, however, appreciate the chance to deal with your concerns so if you have any questions or concerns regarding our Privacy Policy please contact us at privacy@starburstdata.com. 

9. CHOICE AND ACCESS; TIME LIMIT TO RESPOND

We will provide an individual opt-out or opt-in choice before we share their data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized.

To limit the use and disclosure of your personal information, please submit a written request to  privacy@starburstdata.com.   We will respond within a reasonable time frame.

10. CALIFORNIA NOTICES

Users who reside in California and have provided personal data to us have the right to receive: (a) information identifying any third party to whom we may have disclosed, within the past year, personal data pertaining to you and your family for that party’s direct marketing purposes; and (b) a description of the categories of personal data disclosed. To obtain such information, please email your request to  privacy@starburstdata.com This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.

11. ADDITIONAL IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS

This section applies only to California residents. It describes how we collect, use and share Personal Information of California residents when we act as a “business” as defined under the California Consumer Privacy Act of 2018 (“CCPA”), and their rights with respect to their Personal Information.  For purposes of this section, “Personal Information” has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA or information we collect from you in the course of providing services to you or receiving services from you where you are an employee, controlling owner, director, officer or contractor of a company, partnership, sole proprietorship, non-profit or government agency.

Your California privacy rights. As a California resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.

• Information.  You can request the following information about how we have collected and used your Personal Information during the past 12 months:
  • The categories of Personal Information that we have collected.
  • The categories of sources from which we collected Personal Information.
  • The business or commercial purpose for collecting and/or selling Personal Information.
  • The categories of third parties with whom we share Personal Information.
  • Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information disclosed to each category of third party recipient.
  • Whether we’ve sold your Personal Information, and if so, the categories of Personal Information received by each category of third party recipient.
• Access.  You can request a copy of the Personal Information that we have collected about you during the past 12 months.
• Deletion.  You can ask us to delete the Personal Information that we have collected from you.
• Opt-out.  If we sell your Personal Information, you can opt-out.   In addition, if you direct us not to sell your Personal Information, we will consider it a request pursuant to California’s “Shine the Light” law to stop sharing your personal information covered by that law with third parties for their direct recruiting purposes.
• Opt-in.  If we know that you are younger than 16 years old, we will ask for your permission (or if you are younger than 13 years old, your parent’s or guardian’s permission) to sell your Personal Information before we do so.
• Nondiscrimination.  You are entitled to exercise the rights described above free from discrimination in the form of legally prohibited increases in the price or decreases in the quality of our Service.

How to exercise your California privacy rights

You may exercise your California privacy rights described above as follows:

• Right to information, access, opt-out and deletion. You may exercise your right to information, access, opt-out or deletion of your personal information by contacting us at  privacy@starburstdata.com. We will make commercially reasonable efforts to process all verifiable consumer requests within a forty-five (45) day period, per CCPA requirements.

We reserve the right to confirm your California residency to process your requests and will need to confirm your identity to process your requests to exercise these rights.  Government identification may be required.  You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government-issued identification.  We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

12. INTERNATIONAL TRANSFERS

Starburst is an entity which is based in the United States of America and many of our service providers are based in the USA. This means that if you reside outside of the USA, your personal data will be transferred to the USA.  If you reside in the European Economic Area or the UK,  we will protect your personal data in accordance with The General Data Protection Regulation (GDPR).

13. GDPR PRIVACY

Legal Basis for Processing Personal Data under The GDPR

We may process your personal data under the following conditions:

• Consent: You have given your consent for processing personal data for one or more specific purposes.
• Performance of a contract: Provision of personal data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
• Legal obligations: Processing personal data is necessary for compliance with a legal obligation to Starburst.
• Vital interests: Processing personal data is necessary in order to protect your vital interests or of another natural person.
• Public interests: Processing personal data is related to a task that is carried out in the public interest or in the exercise of official authority vested in us.
• Legitimate interests: Processing personal data is necessary for the purposes of the legitimate interests pursued by Starburst.

In any case, we will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

YOUR RIGHTS UNDER THE GDPR

Starburst undertakes to respect the confidentiality of your personal data and to guarantee you can exercise your rights under the GDPR.

You have the right under the GDPR, if you are within the EEA or UK, to:

• Request access to Your Personal Data. The right to access, update or delete the information we have about you. Whenever made possible, you can access, update or request deletion of your personal data directly within Your account settings section or by contacting us.
• Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information we hold about you corrected.
• Object to processing of Your Personal Data. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation which makes you want to object to our processing of your personal data on this ground. You also have the right to object where we are processing your personal data for direct recruiting or marketing purposes.
• Request erasure of Your Personal Data. You have the right to ask us to delete or remove personal data when there is no good reason for us to continue processing it.
• Request the transfer of Your Personal Data. We will provide to you, or to a third-party you have chosen, your personal data in a structured, commonly used, machine-readable format..
• Withdraw Your consent. You have the right to withdraw your consent for our use of your personal data. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of our products and services.

EXERCISING YOUR GDPR DATA PROTECTION RIGHTS – YOUR RIGHT TO MAKE A COMPLAINT AND HOW TO CONTACT US

You may exercise your rights under the GDPR by contacting us at privacy@starburstdata.com.  Please note that we may ask you to verify your identity before responding to such requests. 

You have the right to complain to your applicable data protection authority about our collection and use of your personal data. For more information, please contact your local data protection authority. However, we would always welcome the chance to first address your concerns.

Your privacy and the security of your personal data is very important to us, so if you have any questions or concerns regarding our Privacy Policy or your personal data, please contact us at:

Data Protection Officer: Colton Ericksen
Phone: (617) 213-0277‬
Email: privacy@starburstdata.com

Starburst Data, Inc.
177 Huntington Ave
Ste 1703
PMB 82089
Boston, Massachusetts 02115-3153
USA