Gorgias Applicant Privacy Policy

This Applicant Privacy Policy describes Gorgias Inc. and its affiliates (“Gorgias”, “we”, “us”, and “our”) practices for collecting, storing, and processing your personal data as part of the recruitment process.

This Policy applies to individuals who apply for employment or engagement with Gorgias, whether directly through our careers page, through a recruitment agency, or by other means. It explains what personal data we collect during the application process, how and why we use it, the legal bases for processing (where applicable), how long we retain it, and the rights available to applicants under applicable data protection laws.
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1. What Personal Data Does Gorgias Collect About You?‍

a. Information You Provide Directly

We may collect the following personal data from you when you apply for a position:

• Contact Information such as name, email address, physical address, telephone number;
• Employment Background Information such as resume/CV, employment history, academic and professional qualifications, and other files you choose to upload;
• Work eligibility and citizenship information;
• Demographic Information such as gender, race, or ethnic origin for government-reported statistics when permitted by law or with your consent.
  

b. Information We Collect from Other Parties

We may collect personal data from other parties as part of the recruitment process. For example:

• Information provided by agencies performing background checks or right-to-work verifications;
• Information from public sources and social media sites;
• Information provided by Gorgias team members who have referred you for a job;
• Information provided by reference sources.

2. How Does Gorgias Use Your Personal Data?

We may collect and use your personal data for the following purposes:

• To communicate with you about your job application and potential future job opportunities;
• To administer, support, and manage the job application process;
• To facilitate any accommodation requests;
• Where necessary to comply with applicable legal or regulatory requirements;
• To evaluate and report the demographic makeup of our company’s recruitment efforts, where allowed by law; 
• To use your personal data to solicit information from you, including through voluntary surveys, to help us improve our recruitment process and experience, or to contact you about future opportunities; and
• For other purposes as described to you at the time we collect your personal data,

3. When Does Gorgias Share Your Data and Who Are the Recipients?

As part of the recruitment process, Gorgias may disclose your personal data in the following circumstances:

• Internally with Gorgias team members, contractors, and vendors who require the information to administer and manage the recruitment process or facilitate accommodation requests;
• To third-party service providers that process personal data on our behalf to provide certain services, such as background checks;
• To third parties with whom you instruct Gorgias to share your personal data;
• Where we believe it is reasonably necessary to comply with valid legal process (e.g., subpoenas, warrants) or to protect the rights, property, or safety of Gorgias, our employees, or users;
• If Gorgias is acquired or transferred (including in connection with a bankruptcy or similar proceeding), your personal data may be shared with the acquiring or receiving entity.

4. Legal Basis for Processing Your Personal Data

If you are located in the European Economic Area (EEA), the United-Kingdom, or Switzerland, Gorgias collects and processes your personal data on the following legal bases:

• Consent: Where required, we may ask for your consent to process your personal data. You may withdraw your consent at any time;
• Legitimate Interests: Processing is necessary for our legitimate interests, such as administering and improving the recruitment process;
• Performance of a Contract: Processing is necessary to take steps prior to entering into an employment contract;
• Compliance with Legal Obligations: Processing is necessary to comply with applicable laws, regulations, or legal proceedings, or to establish, exercise, or defend legal claims.

5. International Data Transfers

Your personal data may be processed in the United States, the country where you applied for a job, or any other country where Gorgias or its service providers operate. You can find that list here

Where personal data is transferred outside the EEA, United Kingdom, or Switzerland, Gorgias will rely on appropriate safeguards, such as Standard Contractual Clauses or other lawful transfer mechanisms, to ensure an adequate level of data protection.

6. Security

Access to your personal data is restricted, and Gorgias maintains an information security program using administrative, physical, and technical safeguards designed to protect your data.

7. Data Retention

Your personal data will be retained for the duration of the recruitment process and for as long as necessary for the purposes set out in this policy (or for as long as your applicant account remains open), unless a longer retention period is required under applicable law. 

If your application is successful and you accept a position, your recruitment data will be included in your personnel file and retained for the duration of your employment.

8. Your Rights and Choices

You may have the right to access to and copy of your personal data; (ii) correct, or delete your personal data if incomplete, withdraw consent, or object to certain processing activities, subject to applicable law.

To exercise your rights, please contact our DPO at privacy@gorgias.com or contact the hiring team you were in contact with directly. 

9. Automated Decision-Making

As part of our recruitment process, Gorgias uses automated tools and Artificial Intelligence to assess objective eligibility criteria based on responses to application questions. Applications may be automatically rejected where criteria related to work authorization, hiring location, or other legal employment restrictions are not met.

If your application is rejected through automated processing, it will be flagged for rejection through automated processing. 

If you believe your application was incorrectly screened out or would like a manual review, you may contact accomodation@gorgias.com to request that a member of our recruiting team reassess your application.

10. Policy Changes

Gorgias may update this Recruitment Privacy Policy from time to time. Significant changes will be posted on this page. We encourage you to review this policy periodically.

11. Contact Information

If you have questions or concerns about how we handle your personal data, please contact us at privacy@gorgias.com with the subject line “Privacy Concern - Recruitment.”

The controller of your personal data is the Gorgias affiliate responsible for the hiring decision.