Job Applicant Privacy Policy

This Job Applicant Privacy Policy (“Policy”) describes how Misfits Market and our family of brands, now including Imperfect Foods (“Company”, “we”, “us” and “our”) collects, uses, discloses, and otherwise processes information about individuals who apply for open positions at our Company (“Job Applicants” or “you”).

We may update this Policy at any time, and you should check here regularly for the most up-to-date version of the Policy. We may also provide you additional privacy notices regarding our collection, use or disclosure of information. Please read this Policy and any other privacy notices carefully. Please note that this Policy does not form part of any employment contract or contract to provide services.

This Policy does not apply to our handling of data gathered about you in your role as a user of our consumer-facing services. When you interact with us as in that role, the Misfits Market Privacy Policy applies.

1. Types of Personal Information We Process

We collect, store, use, and otherwise process various types of information that identifies, relates to, or could reasonably be linked to you (“personal information”) in connection with your application for employment with us. We collect such information either directly from you or (where applicable) from another person or entity, such as professional networking websites, job posting websites, employment agencies, recruitment companies, or your professional references. We may collect additional personal information throughout the course of your application process.

The information we may collect from and about Job Applicants includes, where applicable:

Identifiers such as first and last name; home and business addresses, telephone numbers, and email addresses; username and password; and, upon acceptance of offer, identifiers related to your citizenship documents, such as driver’s license or passport.
Professional or employment-related information, including:
Recruitment, employment, or engagement information such as application forms and information included in a resume, cover letter, or otherwise provided through the application and recruitment process; information about your eligibility to work in the United States, such as information related to citizenship and/or immigration status; references; our evaluations of your performance during the interview process; and upon acceptance of an offer, background screening results (including any criminal convictions).
Career information such as past employers, job titles, work history, work dates and work locations, salaries and compensation, and information about skills, qualifications, and experience.
Education information such as institutions attended, degrees, academic record, certifications, licenses, transcript information, and professional memberships.
Business travel and expense information such as travel itinerary information and expenses incurred for travel during the interview process.
Audio or visual information such as CCTV footage, as well as other information relating to the security of our premises collected during in-person interviews or other parts of the recruitment process, and video or audio recordings of the interview process.
Internet and electronic network, and device activity and device information and related identifiers, such as information about your use of our network while you are on Company premises, including IP address and device identifiers and attributes (such as cookies and pixel tags).
Potentially protected classification information to the extent required or as permitted by law and voluntarily provided such as race, sex/gender, gender military service, nationality, ethnicity, citizenship, accommodation information, and other information to help us monitor compliance with equal opportunity legislation.
Other information that you may voluntarily choose to include on your resume, in connection with your application, or otherwise.

2. How We Use Personal Information

We may collect, use, disclose, store, and otherwise process personal information for our business purposes, which include, where applicable:

Engaging in the recruitment process, including communicating with you, interviewing, and selecting and hiring new personnel. We may communicate with you through email, automated chatbot messaging, and SMS messaging.
Evaluating your candidacy, including engaging third parties to perform background checks, drug screens, and similar assessments.
HR management and administration, including determining compensation, scheduling, IT and informational security purposes, fraud prevention, and conducting internal analyses and audits.
Security operations, including detecting security incidents, debugging and repairing errors, and preventing unauthorized access to our computer and electronic communications systems and preventing malicious software distribution; monitoring and controlling access to company premises and locations (including through use of CCTV); and safeguarding the Company and its locations, services, and employees.
Safeguarding Company and the services, including the protection of the Company, our workforce, users, partners, and others.
Legal compliance, such as complying with applicable laws, and responding to and cooperating with legal or regulatory requests and investigations.
At your request, in order to fulfil your instructions.
Exercising our legal rights, including seeking legal advice from our external lawyers or in connection with litigation with a third party.

We may also use personal information for any other legally permitted purpose (subject to your consent, where legally required).

Some personal information we collect in the recruitment process, such as ethnicity and veteran status, may be considered “sensitive” under applicable law. We use such information only for equal employment opportunity or other legitimate business purposes and do not process such information for purposes for which the “right to limit” applies under California law. Some “sensitive” information such as government identification or driver’s information may be required for certain job applications.

3. How We Disclose Personal Information

We may disclose certain personal information to the following types of entities or in the following circumstances (where applicable):

Internally, to employees within the Company that participate in the recruitment process, such as HR managers and employee interviewers.
Vendors, such as background check companies, security providers, information technology providers, travel management companies, and employment businesses (e.g., recruiting contractors or agency workers) that provide us with services relevant to recruiting and hiring.
Recruiters, to the extent you are working with a recruiter in connection with your application for employment and your recruiter is authorized by you to obtain feedback from us regarding your application and interview process.
Legal compliance and exercising legal rights, including (i) when required to do so by law, regulation, or court order, (ii) in response to a request for assistance by the police or other law enforcement agency; (iii) to seek legal advice from our external lawyers or in connection with litigation with you or a third party or (iv) as otherwise necessary to exercising our legal rights or to protect the Company or its employees.
Business transaction purposes, including in connection with the sale, purchase, or merger of all or a portion of our Company.
With your consent and as permitted by law, we may disclose personal information to any other parties in any other circumstances.

4. Data Retention

The personal information we collect from Job Applicants will be retained until we determine it is no longer necessary to satisfy the purposes for which it was collected and our legal obligations. As described above, these purposes include our business operations and complying with reporting, legal and accounting obligations. In determining how long to retain information, we consider the amount, nature and sensitivity of the information, the potential risk of harm from unauthorised use or disclosure of the personal information, the purposes for which we process the personal information and whether we can achieve those purposes in other ways, the applicable legal requirements, and our legitimate interests.

5. Additional Privacy Information for California Residents

California residents have certain rights regarding their personal information. Subject to certain exceptions, if you are a California resident, you may request:

Access to certain of your personal information including the right to know the categories of personal information we have or will collect about you and the reason we will or have collected such information;
Correction of certain of the personal information that we have or will hold about you that is inaccurate;
Deletion of certain of your personal information.

You also have the right not to be discriminated against (as provided for in California law) for exercising your rights.

Exceptions to Your Rights: There are certain exceptions to these above rights. For instance, we may retain your personal information if it is reasonably necessary for us or our service providers to provide a service that you have requested or to comply with law or to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity or prosecute those responsible for that activity.

Exercising Your Rights: To exercise one of the rights above, you may contact us as at askhr@misfitsmarket.com.

We will take reasonable steps to verify your identity before responding to a request. In doing so, we may ask you for verification information so that we can match at least two verification points with information we maintain in our files about you. If we are unable to verify you through this method, we shall have the right, but not the obligation, to request additional information from you.

California law places certain obligations on businesses that “sell” personal information to third parties or “share” personal information with third parties for “cross-context behavioral advertising” as those terms are defined under the California Consumer Privacy Act (“CCPA”). We do not “sell” or “share” the personal information covered by this Policy and have not done so in the twelve months prior to the effective date of this Policy.

6. How to Contact Us About This Policy