Acquia Candidate Privacy Notice

Last updated: April 2023

Introduction

We appreciate your interest in Acquia. This Acquia Candidate Privacy Notice (“Notice”) applies to Acquia Inc., a Delaware Corporation having its principal place of business at 53, State Street, Boston, MA, 02109 and its affiliates (together, “we”, “us”). 

If you apply for a job with us or otherwise express interest in joining us (or someone else applies or expresses interest on your behalf), we will receive, collect, disclose, process and retain certain information that identifies you or relates to you (“Personal Data”). This Notice explains the Personal Data that we may receive or obtain, the way we may use, disclose, secure and process it and your rights in relation to it. If you subsequently become our employee, our processing of your Personal Data will be governed by the terms and conditions of the employment contract that you enter into with us and subject to any rights that you may have as our employee.

The “controller” or “data controller” or other analogous terms in applicable data protection laws shall be the specific Acquia legal entity which is hiring for the relevant role. Please feel free to write to us on the email address given in the Contact Us section below if you need further information. 

Personal Data that we collect

We collect Personal Data in the following ways:

Information that you provide in your application 

To apply for a role with us, we require limited information that identifies you and provides more information about you. This includes your full name, email address, phone number, city of residence, LinkedIn profile, current employer name, name of the person who referred you (if applicable), a confirmation that your are eligible to work in the country where the role in based and any information that you choose to include in your application (including in your resume’). 

Information that we receive from third party sources 

We may obtain additional information about you from third party sources such as recruitment and background check agencies, job portals/ boards, social media sites and other publicly-available information or from the person who referred you to us. We will take reasonable steps to ensure that these third parties have the necessary rights to disclose any Personal Data to us.

Information that we obtain during the interview and evaluation process 

We may ask you to provide us with additional Personal Data or we may generate certain Personal Data (e.g. in the form of interviewer notes/ feedback) during the interview and evaluation process. For roles based in certain countries, we will require documents and information necessary to verify your right to work in that relevant country, which may include your date of birth, a copy of your current passport and/ or relevant VISA. Our offices may have closed circuit cameras installed and they may capture your image and track your movements when you are visiting our offices. 

If you are shortlisted for a role with us, then we may require you to undergo certain background checks and/ or complete aptitude tests. We will provide information about the additional processing involved in these activities and seek your prior consent for it (wherever necessary). 

We will endeavor not to obtain any information that is not relevant for the purposes of the interview and evaluation process. At the time of collection, we will inform you of any information that we consider as mandatory for such purposes. If you refuse to provide any such mandatory information, it may impact your chances of being selected. 

Additional information that you may choose to provide

We may receive additional information that you voluntarily choose to provide to us (including in any optional documents that you include along with your application).

Sensitive Personal Data 

As a general rule, we do not require any Personal Data that is sensitive or considered as special category Personal Data under applicable data protection laws (“Sensitive Personal Data”). But we may ask you for limited demographic information (e.g. your ethnic background or disability status) but you will be given a choice not to provide it. Your choice will not have any impact or prejudice on your application or influence our decisions in any way.

Purpose of collection and use of your Personal Data

We will use your Personal Data for the following purposes:

• To evaluate your job application for suitability and eligibility for current or future job opportunities with us, including to match your skills, interests and credentials to the relevant job opportunity;
• To communicate with you regarding your application including to facilitate setting up of interviews or meetings;
• To inform the person who referred you (if applicable) of the status of your application;
• To decide whether or not to offer you the role;
• To administer, update and track your application status;
• To prepare, discuss and execute an employment contract with you (if you are selected);
• To meet our obligations under and requirements of applicable laws;
• To defend ourselves and our officers against threatened or actual claims, demands or other legal proceedings and/ or to exercise our legal and contractual rights;
• To carry out internal analysis and reporting;
• To enable due-diligence or similar activities in anticipation of and/ or to transfer your Personal Data pursuant to, any corporate reorganization, sale, merger, consolidation, joint venture, assignment or other disposition of all or part of our business, asset or stock.

As required under applicable laws, we may use your Sensitive Personal Data to generate aggregated reports which are submitted to government authorities and for internal reporting on diversity, equity and inclusion matters. In such cases, we will ensure that such reports do not have any information that can identify you. We do not subject your Personal Data to any decision-making solely on the basis of automated processing. 

Disclosure of your Personal Data

We will disclose your Personal Data to the following recipients:

Affiliate entities: We have affiliate entities around the world, which house our human resources, talent acquisition, information technology and other shared services teams which are involved in the recruitment process; 

Service providers: We or our affiliate entities or Vista (defined below) may engage third party service providers to deliver services including but not limited to applicant tracking and hiring systems, background checking services, recruitment consulting, aptitude testing and other general information technology support and administration services; 

Law enforcement and regulators: These may include courts, tribunals or other administrative authorities to whom we have a legal obligation to provide information containing the Personal Data;

Referrals: The person who referred you in to update them about the receipt of your application and - in case of a referral bonus or similar benefit for a successful referral - about the success of your application;

Corporate Transactions: In the event of, or as a part of the due diligence or similar activity for, any proposed or actual  reorganization, sale, merger, consolidation, joint venture, assignment, transfer, or other disposition of all or part of our business, assets, or stock, we will disclose your information to relevant third parties such as bankers, lenders, investors, shareholders, lawyers, consultants, insurers, underwriters, etc. If a corporate transaction occurs, we will make reasonable efforts to provide notification of any changes to the control of your information, as well as choices you may have.

Vista: To our private equity investor, 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 notice. Vista processes and shares your personal data 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 Acquia. 

Please note that these recipients may be based in the United States of America and in other countries, having laws which may not be as protective as the laws to which you are subject. But regardless of the location of the processing, we will afford the same level of privacy and security protections as set out in this notice. Where required, we will enter into standard contractual clauses or other adequate transfer mechanisms with the recipients in the form approved by the relevant supervisory authority or as prescribed by applicable law.

Security of your Personal Data

We have implemented and will maintain reasonable and appropriate technical and organizational measures for protection of the security (including protection against unauthorized or unlawful processing and against accidental or unlawful destruction, loss, alteration or damage, unauthorized disclosure of, or access to), confidentiality and integrity of Personal Data. These measures include access controls, confidentiality agreements, regular training and awareness and enforcing need-to-know restrictions. Acquia regularly monitors compliance with these measures. We perform due-diligence on our vendors and other third party recipients before making available any Personal Data to them and bind them to security and privacy provisions which are commensurate with the risks presented by their processing.

Retention of your Personal Data

We will retain your Personal Data for as long as we have a reasonable need to meet the purposes stated above. If you join us as an employee, your Personal Data will be kept in accordance with the terms of your employment contract. Otherwise, your Personal Data will be kept for the duration of the application process, plus a period of 5 (five) years from the date of your application to allow us to record the reasons for our decision in relation to your application (including so that we can exercise, establish, or defend any legal claims) and to consider you for other suitable openings within Acquia in the future.

If you would like to opt-out from Acquia’s policy of retaining your information for the purposes of considering you for other suitable openings, please email us at the address given below.

Legal basis of processing

For most of the processing activities, the legal basis for processing is legitimate interests. If you are selected for a role, the legal basis for subsequent processing activities culminating in an employment relationship between us will be performance of contract. In certain situations (e.g. where you choose to provide us sensitive Personal Data), we will rely on your explicit consent.

Your rights

Depending on the applicable local data protection laws, you have certain rights relating to your Personal Data including, but not limited to:

• Access to your data;
• Rectification
• Erasure (“right to be forgotten”)
• Restriction of Processing
• Object, opt-out, withdrawing your consent
• Transfer of your data

Acquia provides you with the ability to exert any such right through the self-service mode under the User Management field of your Acquia Academy account. However, we will retain any information in its original form to the extent it is necessary for us to comply with applicable laws or to exercise our legal rights or perform our legal or contractual obligations.

In addition - depending on the jurisdiction applicable to you, e.g. where the GDPR applies -, you have a right to lodge a complaint with the relevant supervisory authority.

Information for California candidates

This section applies only if you are a California resident and it sets out the information required under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA”). In this section, the terms “business purpose”, “personal information”, “sell”, “personal information”, “share”, “service provider” and “third party” shall have the same meaning as given to it under the CCPA. 

Collection and disclosure of personal information

^*As explained in the section titled “Personal Data that we collect”, we may collect certain limited demographic information for statutory reporting purposes. We do not use such information for the purposes of inferring  characteristics about a consumer.

We do not sell candidate Personal Information or otherwise share it for the purposes of cross-context behavioral advertising. 

Rights under CCPA

California candidates may have certain rights, subject to legal limitations, concerning the collection, use, and disclosure of their personal data:

Right to Know. You have the right to request information about the categories of personal information we have collected about you, the categories of sources from which we collected the personal information, the purposes for collecting the personal information, and to whom we have disclosed personal information and why. You may also request the specific pieces of personal information we have collected about you.

Right to Delete. You have the right to request that we delete Personal Information that we have collected from you.

Right to Correct. You have the right to request that we correct inaccurate Personal Information that we maintain about you.

Right to No-Retaliation: You have a right not to be discriminated against if you choose to exercise any of the rights listed above.

California Candidates may request to exercise the above rights by submitting a request through our webform available here or by writing to us at the email address given in the “Contact Us” section below. We will not discriminate against you for exercising your privacy rights. We will respond to all requests within 45 days, unless we need more time, in which case we will notify you and may take up to 90 days total to respond to your request.

Verification: In order to process requests, we will need to obtain information to locate you in our records or verify your identity, depending on the nature of the request. In most cases, we will request information about you, which may include your name, email address, or other information. 

Authorized Agents: Authorized agents may request to exercise rights on behalf of California candidates, but we reserve the right to also verify the candidate’s identity directly as described above. Authorized agents must contact us by submitting a request through our webform and indicate that they are submitting the request as an authorized agent. Authorized agents must provide evidence of their identity and documentation evidencing proof of the authorized agent’s legal authority to act on the behalf of the individual California candidate.

Changes to this notice

We may update this Notice from time-to-time to reflect changes in legal, regulatory, or operational requirements, our practices, and other factors. Please check this Notice periodically for updates. We will make reasonable efforts notify you of any changes to this Notice by posting a notice on this page prior to any changes taking effect (and updating the “Last Updated” date at the beginning of this Notice) or in another appropriate manner. 

Contact us

For any queries or concerns, you may contact us at: 

Acquia Inc.
Global Data Protection Officer
Email - [email protected]