Recruitment Privacy Notice

Last update: December 23, 2022

This Privacy Policy aims to reinforce our commitment to the processing of your personal data in accordance with the provisions of the United States labor law and applicable personal data protection legislation, mainly The California Privacy Rights Act (CPRA) for candidates located in the USA and the GDPR (General Data Protection Regulation) for candidates located in other countries, as well as explain, clearly and transparently, how we handle and protect your personal data in connection with our recruitment and selection program for employees and interns.
This Privacy Policy only applies to processing the personal data of candidates or potential candidates for Incognia’s job or internship positions. 

We collect your personal data from the following sources:

• Application for vacancies: through forms that you fill out and resume or curriculum (CVs) - in a file format or link of professional social media websites (such as LinkedIn) - that you send us when you apply for any selection process published on LinkedIn, on our website or other means that lead you to our recruitment platform. We also collect personal data that you provide to us during the interviews.
• CV submission: when you send us your CV or otherwise contact us by email, in person or via Linkedin chats in order to compose our database for application in job or internship opportunities;
• Referral: through the indication of Incognia employees and partners who recommend your profile to us so that we can make contact to invite you to participate in any of our recruitment and selection processes or even to schedule an interview;
• Active search: through consultations on the internet, mainly on Linkedin, we may collect publicly available data about you to invite you to participate in our recruitment and selection process for a vacancy related to your profile or even to learn more about your professional profile and proceed with your selection process.
• References: we may obtain information about your background and professional characteristics by contacting any professional reference you have referred to us or identified as important for obtaining references about you.

We only collect and process personal data related to your professional profile that is necessary to achieve the processing purposes related to the recruitment and selection process. 

The types of data we process depend on the information you make available to us and the information about you that is publicly accessible on your professional networks, such as LinkedIn or other public reference sources.  

This data usually includes:

• Name
• E-mail 
• Phone number
• Address
• Professional experience
• Academic history 
• Gender (for diversity program application purposes)
• Professional network profile
• Professional references

If you are approved at all stages of the recruitment and selection process and receive our offer letter, depending on your position or activity to be developed at Incognia, other data about you may be collected for Background Check analysis. If a Background Check is required for you, it will take place to the extent permitted by law, and you may be contacted by us to provide authorization for the release of your information. At that time, you will be provided with further information about the process and what personal data it might involve.

Other data will be collected to formalize the employment or internship contract, as well as to comply with obligations legal and regulatory

By default, we do not collect sensitive personal data during the recruitment and selection process. However, we can collect sensitive personal data about you to the extent permitted by applicable laws (e.g., U.S. equal opportunity laws) and to support our efforts to create an inclusive and diverse work environment. All our data processing, especially when involving sensitive personal data, respect the principles of transparency and non-discrimination. 

Your personal data is processed for the exclusive purpose related to the development of the stages of our recruitment and selection process, which includes the following purposes: 

• Assess your skills and qualifications to apply for the applied vacancy;
• Communication during the recruitment and selection process;
• Conducting interviews;
• Based on your consent, sending you personalized information about future employment opportunities;
• Conducting Background Check, when applicable;
• Execution of preliminary procedures to the employment or internship contract, if you are approved;
• Maintain a history of selection processes for internal management;
• Comply with legal or regulatory requirements.

We may also use your personal data for Incognia analytics purposes, including in aggregated, anonymized, or pseudonymized forms, to improve our selection and recruitment process, as well as augment our ability to attract successful candidates.

As we make all decisions about the processing, we act as Controllers of your personal data.

We use the legal basis of legitimate interests to justify most of the processing of your personal data that we carry out during the recruitment and selection process.

We also use the consenting basis to store your data for a specified period with a view to its application in future new employment and internship opportunities that are suitable for your professional profile. You can always revoke your consent at any time and free of charge.

When you are approved in any selection process, we use the legal basis for the execution of preliminary procedures to the contract or contract execution for the processing of your personal data to proceed with the formalization of your employment or internship contract.

In addition, we use the basis of compliance with a legal or regulatory obligation when the processing of your data takes place under any law or regulation to which we are subject.

Other legal bases may be used to justify the processing of your personal data, depending on the related processing purpose and application in each specific scenario.

Certain roles may require specific technical prerequisites or skills, which,  when not fulfilled, may cause your automatic disqualification from the selection process. For example, if knowledge about a certain system is essential for you to apply for any of our vacancies and you respond that you do not meet those requirements, you will be automatically disqualified. In any case, you can request the review of this automated decision by registering your right request by sending an email to our Data Protection Officer (“DPO”)  dpo@incognia.com.

Your data is only shared with the company hired by Incognia to act as a recruitment platform or with a specialized company to eventually assist Incognia at some stage of the recruitment and selection process and with companies that provide cloud storage services. Your data is also shared internally with members of the Human Resources team, area leaders, or other employees who may participate in decision-making during your recruitment and selection process.

We do not sell your personal data to third parties.

Your personal data is stored on internal platforms and tools to which physical, technical, and organizational security measures are applied. In addition, your personal data is accessed by a restricted number of employees only when strictly necessary to perform their functions related to the recruitment and selection processes. It should be noted that all our employees sign confidentiality agreements and undergo training on privacy and data protection.

If you are approved and accept an offer of employment with 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 requirements in our internal policies, which will be accessible for you after your hiring.

If you are not hired by Incognia, we will store as less personal data as possible, considering a strict limit of the need to achieve the purpose of registering your recruitment activities with us. Your other data will be securely and definitively deleted unless you have provided your consent to keep them at Incognia for participation in future recruitment and selection processes when your data will only be kept for the period previously authorized.

Exceptionally, we may retain some of your personal data for longer for audits, accountability, compliance with legal or regulatory obligations, compliance with court orders and the regular exercise of rights in judicial and administrative proceedings.

We adopt technical and administrative measures to protect your personal data from unauthorized access and accidental or unlawful situations of destruction, loss, alteration, communication or dissemination. We apply access management techniques and appropriate physical, electronic and procedural mechanisms to protect your personal data.

In addition, we have documented and implemented internal policies, controls and procedures to deal with any security incidents.

Check below a simplified list of your rights according to the provisions of the GDPR and CPRA:

• Confirmation of the existence of processing of your personal data;
• Know what Personal Data is being collected and with whom we  share it;
• Request the deletion of your Personal Data, in some specific cases;
• Access to your personal data;
• Correction of incomplete, inaccurate or outdated data;
• Data portability;
• Deletion of personal data processed with your consent, except in cases provided for by applicable laws;
• Non-discriminatory processing for exercising any rights;
• Right to limit the use and disclosure of sensitive personal information;
• Information about the possibility of not providing your consent and about the consequences of your refusal;
• Withdraw your consent;
• Opposition to processing carried out on the basis of legitimate interests;

To access your rights, you must contact our DPO by emailing dpo@incognia.com.

If you have any questions, comments, requests or suggestions, you can contact our DPO directly by sending an email to dpo@incognia.com

We may update and change the terms of this Privacy Policy from time to time. On our website you will always find the latest version and, if you want, you can access eventual previous versions by registering a request by sending an email to dpo@incognia.com.

Incognia Inc.

555 Bryant St, Box 423

Palo Alto CA USA 94301

DPO: Dayana Caroline Costa (dpo@incognia.com)