International Applicant Privacy Notice

Current as of:  June 13, 2018

International Applicant Privacy Notice

Job applicants outside the US may review the following privacy practices, which apply to residents of some of LogicMonitor’s international locations.

This International Applicant Privacy Notice (the “Intl Applicant Notice”), LogicMonitor (“we”, “our” or “us”) describes the privacy practices that govern how we process the personal information of job candidates who are residents of the European Economic Area, the United Kingdom, Australia, India, and Singapore (“Applicants”). The data controller for Applicants’ personal data will be the LogicMonitor entity located in the country in which you seek employment. A complete list of LogicMonitor entities can be found on our Contact / Locations page.

This Intl Applicant Notice only covers our processing of your personal information during the recruitment process. If you become a LogicMonitor employee, in certain jurisdictions, consistent with applicable law, we will provide you with a copy of our separate Staff Privacy Notice which sets out more detail on what we do with information we collect from employees from the point that an offer of employment is accepted.

What type of information do we collect from candidates?

Depending on the nature of the position and how far in the recruiting process you may advance, we may collect (with your consent, where required by applicable laws) the following information. Except where otherwise stated, the provision of this information is mandatory if you wish to proceed with the recruitment process:

• Identifying Information:including, name, contact information (home address, phone number, email address); a résumé or CV (which includes your employment history; qualifications, skills educational history); previous positions with LogicMonitor or another portfolio company of our private equity sponsor (Vista) for which you may have applied and whether you have taken a cognitive test with any other Vista entity (and results); references and notes, interview notes (and any information you provide to us during an interview); cognitive test or assessment results; and, where applicable to your role and permitted by law, background check results.
• Video/Audio Recording:If we conduct your interview by video, we will collect video images from those interviews, but we typically do not record or store interview footage.
• Health Information:the voluntary provision of information about any medical condition or disability in some circumstances, to allow us to consider whether we need to provide appropriate adjustments during the recruitment process or in respect of your employment (if successful).
• Citizenship/Information to Demonstrate Ability to Work:If you are successful in the recruiting process, we will request or collect additional information from you for the purpose of your employment (including evidence of identity as required to establish your right to work for immigration purposes, whether sponsorship is required) and we will share your information with additional service providers (e.g. to enable us to process payroll and use HR information systems).
• Testing:Where permitted by applicable law and where relevant to your role, once you receive an offer, we may also ask you to submit to a drug test. Depending on your position, we will receive a pass/fail score or the results of that test. We also may request that you complete an online knowledge test, referred to as the CCAT.
• Automatically Collected Information:If you apply online, we may collect information about your browsing history on the job site and internet or other electronic network activity information, including, but not limited to, the referring URL or website that lead you to our website. The collection of this information is not mandatory, and can be controlled using your browser settings and/or by rejecting our use of cookies. Please refer to the website privacy policy for more information https://www.logicmonitor.com/privacy/ policy.

How do we collect and store this information?

We will receive most of this personal information from you directly (including through the application and recruitment process), although we will also receive some of this information from third parties, in some circumstances, such as recruitment agencies, public social media or online searches (including LinkedIn) (to supplement information about your professional profile, career history and skills), job boards such as CareerBuilder or Monster, training providers, professional organizations or conferences, skills-based websites such as GitHub or StackOverflow (to supplement information about your professional profile, career history and skills), former colleagues (in respect of references), local organizations, former employers (in respect of references), background check providers, and public agencies.

We store most information about you in computer systems and databases operated by either us or our external service providers. Some information about you may be recorded in paper files. We implement and maintain reasonable and appropriate security measures that are designed to protect personal information which we hold from misuse, interference or loss, and from unauthorised access, modification or disclosure. Please take care to ensure that information you send to us as part of the recruitment process is limited to what is necessary and is transmitted in a secure format. Please remember that no website, including our recruitment site, can be completely secure, and ensure that you are using an up-to-date browser and anti-virus software. You should use unique log-in details for our site, and not share these details with any other person.

How is your information used?

LogicMonitor uses the information we collect in connection with our recruitment processes for the purposes described below. Where required under applicable law, we will seek your consent for the use of your personal information for these purposes.

• identify and evaluate candidates for positions within our companies (including holding interviews and assessments) (which, where permitted by applicable law, may include maintaining your information for future positions we think might be of interest to you);
• communicate with you about the process (e.g., scheduling interviews, communicating with you about other positions that we believe may be of interest to you);
• carry out right to work checks;
• carry out drug tests (where permitted by applicable law);
• assess the need for, and implement, reasonable adjustments during the recruitment process;
• auditing, accounting, and corporate governance;
• carry out background checks;
• track your use of our recruitment website in order to carry out user analytics and make improvements to the site;
• safeguarding our rights (in particular dealing with legal disputes);
• business restructuring and corporate transactions (including sale of all or part of our business or assets);
• comply with our legal and compliance obligations, to improve our recruiting practices and to keep records relating to our hiring processes; and
• sharing your personal information with our group companies and potentially our private equity sponsor for the above listed purposes where such transfer is necessary.

In order to comply with European data privacy laws, we need to have legal bases for using your personal information for the purposes set out in this Privacy Notice. We consider that in nearly all cases, the legal basis on which we process your personal data will be one or more of the following:

1. to enter into or decide whether to enter into an employment contract with you,
2. our legitimate interests as an employer that recruits candidates for positions within our group of companies or to decide whether to recruit/appoint you and on what terms (including conducting interviews and assessments, communicating with you about the recruitment process, evaluating your interaction with the process and our recruitment website in order to make improvements, planning and implementing changes within our business, the establishment, exercise and defense of legal claims and facilitating internal administration); and/or
3. as needed for us to comply with our legal obligations (including conducting right to work checks and making reasonable adjustments).

If we process “special category” information (such as health/disability information and race/ethnic origin information), in addition to one of the legal bases listed above, we will rely on an applicable exemption under European data privacy laws. In most cases, this will be because the processing of special category data:

• is necessary for the purposes of carrying out obligations under employment law (for example, processing of ethnicity data contained in immigration or right to work documents, or making reasonable adjustments);
• is necessary for reasons of substantial public interest authorised under local law; or
• is necessary for the establishment, exercise or defence of legal claims.

The processing of information relating to criminal convictions and offences (i.e. in the context of background checks) will only be carried out where there is a legal authorization to do so under either EU or local law (and, where required by applicable laws, with your consent).

Who has access to your information?

Our group companies: Some of LogicMonitor’s central group functions such as IT, HR, Recruitment and Finance are located in the US, which means that personal information relating to Applicants will be accessed and handled in the US by LogicMonitor’s US-based group company. See our section on “Cross-border transfers” below.

Our private equity sponsor: We disclose your personal information to our private equity sponsor, Vista Equity Partners, and its affiliates, including Vista Consulting Group (collectively, “Vista”), for administration, research, database development, workforce analytics and business operation purposes, in line with the terms of this Privacy Notice. Vista processes and shares your personal information with its affiliates, including other Vista portfolio companies, on the basis of its legitimate interests in managing, administering and improving its business and overseeing the recruitment process and, if applicable, your employment relationship with LogicMonitor.

Other external entities: We may share your personal information with the following categories of entities for the purposes of processing your application: the provider of our applicant tracking system and related services, recruitment/staging agencies, background check providers, testing services providers, pre-employment assessment providers, professional service providers, and marketing services providers (to assist us in our candidate recruiting). We enter into contracts with our service providers which ensure they are only permitted to process your personal information for specified purposes and, where required by law, in accordance with our instructions.

We will share your personal data with other parties, including government bodies, where required by law (for example, in relation to right to work and tax disclosures which we are required to make to local governments) or in response to orders or requests from court, regulators, government agencies, parties to a legal proceeding or public authorities.

If all or part of our business or assets are subject to sale, restructuring or refinancing, we may disclose your personal information to prospective buyers or financers, including during a due diligence assessment phase as well as on completion of that process.

If you have consented to us doing so, we also share your personal information with other Vista portfolio companies for the purpose of being considered for other job opportunities in the pooling system, both inside and outside the EEA. Please find:

• A full list of Vista portfolio companies at: https://www.vistaequitypartners.com/companies/ and
• Vista’s privacy policy at: https://www.vistaequitypartners.com/privacy/

Where this requires us to transfer your personal information outside of the EEA, please refer to our section on “Cross-border transfers” below. In connection with the recruitment process, your personal data may be transferred outside of the EEA to Greenhouse Software, Inc., Hirebridge, LLC, and Criteria Corp., which provide applicant tracking and evaluation services. Greenhouse Software, Inc., Hirebridge, LLC, and Criteria Corp. have agreed to comply with the EU Standard Contractual Clauses to ensure that your personal information is adequately protected whilst outside of the EEA.

Cross-border transfers

If we provide any personal information about you in a way that constitutes a cross-border transfer, we will take appropriate measures as required by law to ensure members of our group and/or our service providers provide an adequate level of protection for your personal information. These measures include entering into European Commission approved standard contractual arrangements (or the UK equivalent should such be issued and applicable) with them where personal information related to applicants in the EEA/UK is transferred to non-EEA/non-UK recipients.

If you are based within the EEA or in the UK, you have a right to request a copy of any data transfer agreement under which your personal data is transferred, or to otherwise have access to the safeguards which we use. Any data transfer agreement made available to you may be redacted for reasons of commercial sensitivity. Further details on the steps we take to protect your personal information in these cases are available from us upon request by contacting [email protected].

By providing us with your personal information you acknowledge any such transfer, storage, and use unless you are based within the EEA or in the UK in which case we do not rely on your acknowledgement, but rather on one of the legal bases set out in the section “How is your information used?”.

How long do we retain your information?

LogicMonitor retains personal information following recruitment exercises to demonstrate, if required, that candidates have not been discriminated against on prohibited grounds and that recruitment exercises are conducted in a fair and transparent way. Personal information belonging to candidates that ultimately are not employed by us will be retained for no longer than six (6) months from the later of:

1. the point at which a rejection decision is made;
2. the date at which recruitment decision is communicated to you; or
3. the date of our last communication with you regarding your application/recruitment.

If we wish to retain your personal information in our talent network on the basis that a further role or opportunity may arise in the future which we may wish to consider you for, we will ask for your explicit consent to our retaining your personal data for this purpose and for a specified period of time (usually two years, for positions located in Germany one year).

If you have raised a query, complaint or cause of action in relation to your recruitment process, we will retain your personal information (regardless of any applicable period as set out above) in order to resolve your query or complaint, and/or to establish, exercise and/or defend our legal rights.

As an exception to the above, we may be required to store your personal information for a longer period of time in order to comply with legal obligations to which we are subject; in this case, your personal information will not be processed for any other purpose than compliance with such obligation and will be deleted once such obligation no longer exists.

What happens if you fail to provide personal information?

As set out above, the provision of most information during the recruitment process is mandatory for continued participation in the process. If you fail to provide information when requested, which is necessary for us to consider your application (such as evidence of qualifications or work history), we will not be able to process your application. For example, if we require references for the role and you fail to provide us with relevant details, we will not be able to take your application further.

Your rights in respect of your personal data?

Under certain circumstances and dependent on applicable law, you may have the right to request that we:

• provide you with a copy of any personal information which we hold about you and further information on our processing of your personal information;
• update any of your personal information which is out of date or incorrect or incomplete;
• delete any personal information which we hold about you if it is no longer necessary in relation to the purposes for which it was collected or processed (or, in some instances, where you have withdrawn your consent or objected to the processing);
• restrict the way that we process your personal information;
• (where our processing of your personal information is based on consent or on being necessary to take steps prior to entering into an employment contract, or where permitted under applicable law) to obtain a portable copy of your personal information or to request that we provide such a copy to a third party where technically feasible;

consider any valid objections which you have to our use of your personal information (where we are relying on our legitimate interests (or those of a third party) as the basis for the processing or that the processing is in the public interest) (“right to object”);

• (where our processing is based on your having provided consent to the collection, processing, and transfer of your personal data for a specific purpose) to withdraw your consent for that specific processing at any time with effect for the future;
• provide a copy of any agreement under which your personal data is transferred outside of the EEA, UK or Australia.

Your ability to exercise these rights may vary depending on the jurisdiction in which you are based and where the processing of your personal data is taking place.

Please contact us by email to [email protected] or by writing to LogicMonitor, 400 Concar Dr., Office Number 04-139, San Mateo, CA, 94402 to exercise any of these rights. Alternatively, you may contact us by phone at +1 (805) 617-3884.

We will consider all such requests and provide our response within the period stated by applicable law. Please note, however, that certain personal information may be exempt from such requests in certain circumstances, which may include if we need to keep processing your personal information for LogicMonitor’s legitimate interests or to comply with a legal obligation or where otherwise permitted under applicable law. There will be certain circumstances where the right does not apply to you under law, and we will review this when we consider a request.

We may request you provide us with information necessary to confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it. If you are based in Singapore, we may charge you a reasonable fee for responding to your request to access your personal data.

You also have the right to make a complaint at any time to your local data protection authority, although we do ask that you try to resolve your issue with us first. In the UK, your local data protection authority is the Information Commissioner’s Office (ICO) and in Australia it is the Office of the Australian Information Commissioner. In Singapore, your local data protection authority is the Personal Data Protection Commission (https://www.pdpc.gov.sg/). In the EEA, you may in particular lodge a complaint with the data protection authority in the country of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal information relating to you infringes applicable data protection law.

Review of this Notice

We may change or update this Intl Applicant Notice at any time.

Should we change our approach to data protection, you will be informed of these changes or made aware that we have updated this Intl Applicant Notice so that you know which information we process and how we use this information. Where required under applicable laws, we will obtain your notified consent to these changes.

This Intl Applicant Notice was last updated in November 2021.

Contact information

We maintain a Data Protection Officer to oversee compliance with this privacy notice. If you have any questions or complaints about this privacy notice or how we handle your personal information, please contact the Data Protection Officer at [email protected].

• For EEA and UK, please contact our Data Protection Officer at [email protected].
• For Singapore, please contact our Data Protection Officer at [email protected].
• For the US, please email [email protected] or write to LogicMonitor, 820 State St. Floor 5, Santa Barbara CA 93101. Alternatively, you may contact us by phone at +1 (805) 617-3884.