Applicant Privacy Policy

We are Newton Software, Inc., an Ohio corporation (“Newton”), the owner and operator of the job applicant tracking software system called Newton (the “Application”) (found at newtonsoftware.com; the “Website”). The Application is used by companies to post job openings, collect potential job applicant information and track applicants through the hiring process.

The Application is accessed and used by two distinctly different types of users: companies that post job openings on the Application and review candidates who apply for those job openings (“Corporate Users”); and candidates for those job openings who use the Application to apply for them (“Applicants”). This Newton Applicant Privacy Policy (the “Policy”) is intended solely for Applicants (“you”).

As a part of Newton’s mission to provide you effective Application services, Newton collects, stores and discloses information you provide on the Application under specific conditions. Your Personal Information (as defined in Section 2.1) is private and confidential, and subject to this Policy, meaning that such information will not be collected, stored or disclosed unless permitted under this Policy. This Policy describes what information Newton collects, how it is used and secured, and when and to whom it may be disclosed. Please take a few minutes to review this Policy.

1. Consent

Your use of the Application is deemed to be your waiver and consent to this Policy and providing Newton and designated third-parties under this Policy the right to collect, use and disclose your Personal Information (as defined in Section 2.1) subject to the terms and conditions of this Policy. If you do not consent to the terms and conditions of this Policy, you should not use the Application.

2. Personal Information

2.1 Covered Information.

Newton and designated third-parties under this Policy may collect, store and disclose the following forms of information you provide on the Application (collectively, the “Personal Information”): (a) e-mail addresses; (b) job application information, including without limitation, your employment history, answers to job application questions and any other requested information; (c) device identification information; (d) preferred language and country information; (e) correspondence or communication sent via the Application; (f) information on your interactions with Application features or other Application users; and (g) other reasonably relevant information pertaining to your use of the Application including without limitation your Internet protocol addresses, standard web log information and content provided to Newton or their designated third-parties when contacted for assistance.

2.2 Your Informational Obligations.

Newton requires that you only submit information on the Application that is up-to-date and accurate, and that you inform Newton of any changes to such information. You must also assure that such information, whether provided on behalf of yourself or others, is correct and that you have the full authority and right to submit such information to the Application.

2.3 Personal Choices.

Newton acknowledges the individual’s right to access their personal data. If you want to review or update your Personal Information, you may do so on the Application by visiting your Personal Profile. If you have any questions regarding access to or updating of your Personal Information, please contact us at support@newtonsoftware.com.

3. Ownership of Personal Information

Newton does not own the information or data you enter into the Application. Any information or data you enter into the Application becomes the property of the Corporate Users to whom you submit job applications via the Application. What such Corporate Users choose to do with such information is solely in their own discretion. If you have concerns about the collection, use or disclosure of your information, please do not use the Application or, in alternative, contact the identified Corporate User.

4. Cookies

4.1 Assignment of Cookies.

When you click a job opening link on the Application or apply to a job opening posted on the Application by using the Application, Newton will assign you a unique identifier and send such information to your computer or device hard drive in the form of a cookie, which is a very small bit of code. This code is uniquely yours. It is used to assist you in the job application process on the Application and to prevent the duplicate submission of your information to the same job opening. The Application may also use a cookie in order to identify the job-posting site or individual that referred you to the job opening on the Application.

4.2 Disabling Cookies.

If you do not wish to have cookies on your devices, you may turn them off at anytime by modifying your Internet browser’s settings. However, by disabling cookies on your device, you may be prohibited from full use of Application’s features and you may not be able to apply for jobs that are posted by the Application.

5. Use of Your Information

5.1 Use of Personal Information.

Newton uses your Personal Information to: (a) offer the Application’s services or conduct Newton’s business operations; (b) resolve disputes, or troubleshoot problems related to any services or products offered or provided through the Application; (c) encourage safe interactions between Application users; (d) enforce this Policy and others agreements associated with the Application or Website; (e) customize, measure and improve the Application and Website’s user experience; (f) contact you regarding the Application or your inquiries pertaining to the same; and (g) perform other related services for you as described in this Policy.

5.2 Use of Information Upon Applying to Job Openings.

When you use the Application to apply for a job opening posted on the Application, Newton will provide the Corporate User to whom you applied for a job all of the information included in your job application (collectively “Job Application Information”). Under these circumstances, Newton is simply an intermediary that is assisting you in sharing your Job Application Information with the identified Corporate User. Such Corporate User will retain your Job Application Information subject to their own policies and terms of use. Newton has no rights or control over your Job Application Information once it is submitted to such Corporate User.

5.3 California Online Privacy Protection Act

Pursuant to the California Online Privacy Protection Act, neither Newton nor the Application follow the Do Not Track setting of your web browser.

6. Disclosure of Personal Information

6.1 Purposes for Disclosure.

Newton may disclose your Personal Information: (a) upon your consent; (b) to submit your Job Application Information to Corporate Users with whom you are applying for posted job openings via the Application; (c) to comply with Newton’s legal obligations under local, state or federal law or in response to a lawful request by public authorities, including to meet national security or law enforcement requirements; (d) to enforce Newton’s policies under this Policy, or any other policies or agreements you may be subject to pertaining to the Application or Website; (e) to respond to claims that your Personal Information or other content or information violates another person or entity’s rights; or (f) to protect any person or entity’s rights, property or safety. We do not sell your Personal Information to third parties for their own marketing uses.

6.2 Parties Receiving Disclosure.

Newton may disclose your Personal Information to: (a) government officials; (b) corporate affiliates; (c) Newton service providers, such as payment processors and IT consultants, who need such information to provide the relevant services to Newton and who have agreed not to use such information for any other purposes; (d) Corporate Users to whom you apply for job openings at on the Application; and (e) any other party to whom you consent to disclosure. In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, Newton is potentially liable.

7. Security and Storage of Your Personal Information

The security of your Personal Information is important to Newton. Newton will only keep your Personal Information for as long as is either required to by law or as is relevant for the purposes for which it is collected. Newton employs generally accepted industry standards to protect your Personal Information. However, as the transmission of information over wireless and wired networks cannot be absolutely secure, Newton does not warrant or guarantee that your Personal Information will remain permanently secure.

8. Third-Party Websites

The Application may contain links to third-party websites that are not owned or controlled by Newton. Newton has no control over, and assumes no responsibility for, any share functionality, content, privacy policies or practices of any third-party website. When using such third-parties websites, you are subject to the terms and policies, including without limitation information security and storage policies, of those third-party websites when and where applicable. By using the Application, you expressly relieve Newton from any and all liability arising from any share functionality or your use of any third-party website accessed from the Application. Newton encourages you to ask questions before you disclose your personal information to any third-party website or service provider.

9. Privacy Shield

Newton complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. Newton has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

10. Children’s Use of the Application

Newton wants to help guard children’s privacy. Newton encourages parents and guardians to talk to their children about safe and responsible use of personal information on the Internet. The Application does not publish content that is targeted to children, and to ensure the Application’s compliance with the Children’s Online Privacy Protection Act, Newton does not collect any personal identifiable information from any Application user under 13 years of age.

11. Inquiries and Notification

Newton is committed to ensuring that your Personal Information is correct, up-to-date, and as publically available as you wish it be displayed on the Website and Application.

In compliance with the EU-U.S. Privacy Shield Principles, Newton commits to resolve complaints about your privacy and our collection or use of your Personal Information. If you have inquiries or complaints regarding this Policy or would like to access your Personal Information, you should first contact Newton via: (1) e-mail at support@newtonsoftware.com; or (2) mail to Attn: Privacy Request, Newton Software, 505 Montgomery St., Suite 2300, San Francisco, California 94111.

Newton has further committed to refer unresolved privacy complaints under the EU-U.S. Privacy Shield Principles through the BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you are an EU individual and do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

If you reside in California, you may also be entitled to request a notice describing the categories of Personal Information Newton shares with its partners, corporate affiliates, or other third parties for direct marketing purposes pursuant to Pursuant to California Civil Code sections 1798.83-1798.84. The notice will identify the categories of your Personal Information shared and include a list of names and addresses of third parties to whom Newton has shared your Personal Information. If you reside in California and would like a copy of this notice, please submit a written request specifying your desire to obtain a copy of your notice to: Attn: California Privacy Rights Notice Request, Newton Software, 505 Montgomery St., Suite 2300, San Francisco, California 94111. Please allow 30 days for a response.

Newton is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

12. Changes to this Privacy Policy

From time to time, Newton may update this Policy. Newton may post notifications of updates to this Policy on the Website or Application. Changes made to this Policy will take effect immediately. If you do not agree to changes to this Policy, you must discontinue your use of the Application. Your access or use of the Application after such Policy changes constitutes your acceptance of such Policy changes.

13. Removal of Your Data

Newton cannot remove or delete information you submit to the Application as such information is submitted to the client databases of the Corporate Users with whom you are applying for job openings via the Application. To request removal of such information, you will need to contact the Corporate Users to whom you submitted information when applying for job openings via the Application.

14. Contacting Us

If you have questions regarding this Policy, please contact Newton by email at support@newtonsoftware.com.

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