Lever is committed to protecting your privacy. This Privacy Policy informs you how Lever collects, uses, secures and shares your information. This Policy covers our privacy practices related to the provision of our service to you through www.lever.co, applications on any computer device, through APIs, and through third parties (together, the “Service”). All of the different forms of data, content, and information described below are collectively referred to as “information.”

This Privacy Policy is part of, and is governed by, the terms and conditions set forth in our Terms of Service. Terms not defined in this Privacy Policy shall have the meaning given to them in our Terms of Service.

1. Acceptance of this Privacy Policy

Please read the Terms of Service carefully before you use our Service. By accepting the Terms of Service, you agree with our privacy practices as described in this Privacy Policy. If you do not feel comfortable with any part of this Privacy Policy or our Terms of Service, you must not use or access our Service.

2. Changes to Our Privacy Policy

This Privacy Policy may change from time to time. If we make a change to this Privacy Policy that we believe materially affects how we process your information or reduces your rights, we will provide you with notice (for example, by email). We may provide notice of changes in other circumstances as well. By continuing to use the Service after those changes become effective, you agree to be bound by the revised Privacy Policy.

In addition, we may provide you with “just-in-time” disclosures or additional information about the data collection, use and sharing practices of specific parts of our Service. These notices may provide more information about our privacy practices, or provide you with additional choices about how we process your personal information.

3. The Information We Collect and Store

Personal information is any information that identifies your or makes you identifiable. Any information that is anonymized or aggregated is no longer personal information. We may collect and store the following information when running the Service:

  •  Information You Provide. The purpose of the Service is to help you manage applicant and candidate data. To do that, we collect personal information, such as your name and email address. You may also provide additional information in the setup and ongoing use of the Service such as job postings. We collect any information that you provide to us when you contact us for customer service, IT support, or for any other purposes.
  • Information from Others. We may also receive personal information, such as your email address, through other users, for example if they have tried to share something with you or tried to refer Lever to you. When you invite others to join Lever by using our invite page, we send them a one-time email for that referral.
  • Transaction Data. While using our Service, we collect information about the Services you purchase and your payment method.
  • Candidate Data. We collect and store the information and data (usually about employee applicants or job candidates) you upload, download, or access with the Service (“Files”). If you add data to your Lever account that you or another user previously uploaded, we may associate all or a portion of the previous file with your account rather than storing a duplicate.
  • Log Data. When you use the Service, we automatically record information from your device, its software, and your activity using the Services (“Log Data”). This may include the device’s Internet Protocol (“IP”) address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata concerning your Files, and other interactions with the Service.
  • Geo-Location Information. Some devices allow applications to access real-time location-based information (for example, GPS). Some photos and videos you place in Lever may contain recorded location information. If you do not wish to share files embedded with your geo-location information with us, please do not upload them. If you do not want to store location data in your photos or videos, please consult the documentation for your camera to turn off that feature. Also, some of the information we collect from a device, for example IP address, can sometimes be used to approximate a device’s location.
  • Cookies. We use “cookies” to collect information and improve our Services. A cookie is a small data file that we transfer to your device. We may use “persistent cookies” to save your registration ID and login password for future logins to the Service. We may use “session ID cookies” to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service. For more information on how we use Cookies and similar technologies, please see our Cookie Policy.

4. Third Party Sources of Information

We collect information about you from the following third-party sources:

  •  Third-Party Services. You may ask us to collect information about you or others from Third-Party Services. For example, you can ask us to import your contacts by giving us access to your Third-Party Services (for example, your Google email account) or you can share your social networking information with us if you give us access via a social network connection service (for example, LinkedIn). Based on your instructions, we can also obtain or transfer data about others to Third-Party Services, such as importing candidate information from third party sourcing integrations (for example, LinkedIn).
  • Third-Party Marketing Partners and Social Media Platforms. To engage in marketing activities, we collect information about your publicly available social media profiles, and your interests or preferences. We process such information to better understand you, to maintain and improve the accuracy of the information we store about you, and to better promote or optimize our Services. In addition, we may also use this information to deliver targeted advertising and marketing to you, where permitted by applicable law and in accordance with your marketing preferences.

5. How We Use Personal Information

Your personal information may be used for the following purposes:

  • To provide our Services to you. We process your personal information to provide you with the Service you request. We share this information with Third-Party Services upon your request, or our service providers or partners to the extent necessary to provide you with the Services. We cannot provide you with Services without processing your personal information.
  • To contact you about the Service. When you sign up for our Service, we will send you administrative or account-related information to you to keep you updated about our Services, inform you of relevant security issues or updates, or provide other transaction-related information to you. We process your contact information to send you such communications. Service-related communications are not promotional in nature. You are not able to unsubscribe from such communications, otherwise you may miss important developments relating to your account or the Services that could affect your use of the Services.
  • To respond to your inquiries and provide customer service. We process your personal information when you contact us, such as with questions, concerns, feedback, disputes or issues. Without your personal information, we cannot respond to you or ensure your continued use and enjoyment of the Services.
  • To enforce our terms, agreements or policies. We process your personal information to actively monitor, investigate, prevent and mitigate any alleged or actual prohibited, illicit or illegal activities on our Services; investigate, prevent, or mitigate violations of our terms, agreements or policies; enforce our agreements with third parties and partners; and, as applicable, collect fees based on your use of our Services. We cannot perform our Services in accordance with our terms, agreements or policies without processing your personal information for such purposes.
  • To ensure the security of the Service. We are committed to ensuring your safety and continued enjoyment of our Services. To do so, we process your personal information to: combat spam, malware, malicious activities or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not access your account with us. We cannot ensure the security of our Services if we do not process your personal information for security purposes.
  • To maintain legal and regulatory compliance. Certain laws or regulations apply to our Services that may require us to process your personal information. For example, we process your personal information to pay our taxes, to fulfill our business obligations, ensure compliance with employment and recruitment laws, or as necessary to manage risk as required under applicable law. Without processing your personal information for such purposes, we cannot perform the Services in accordance with our legal and regulatory requirements.
  • To personalize your experience on the Services. We provide you with Third-Party Services, plugins, and many other options to personalize your experience on our Services. In addition, we also use cookies and similar tracking technology for such purposes – please see our Cookie Policy for more information. By personalizing the Services, you get to enjoy our Services even more because we keep track of your preferences (e.g. your language selection, your time zone, etc.), connect all your favorite Third-Party Services to our Services (e.g., Google Email, LinkedIn, etc.), and more. Without processing your personal information for such purposes, you may not be able to access or personalize part or all of our Services.
  • To conduct research and development. To continue to provide you with our innovative Services, we information about the way you use and interact with our Services for research and development purposes. Research and development help us improve our Services, and build new Services and customized features or Services. We take additional security measures when processing your personal information for such purposes, by de-identifying or pseudonymizing your information, limiting access to personnel that may conduct research and development, and applying other technical, physical, and administrative security measures. Without processing your personal information for such purposes, we cannot guarantee your continued enjoyment of part or all of our Services.
  • To engage in marketing activities. We want to share information about our Services with you, and to do so we may process your contact information or information about your interactions on our Services to: send you marketing communications; provide you with information about events, webinars, or other materials; deliver targeted marketing to you (please see our Cookie Policy for more information about interest-based advertising) ; and, keep you updated about our products and Services. In addition, when you share your friends’ or business partners’ contact information with us, we may contact them on your behalf to invite them to our Services and to sign up to receive our communications. Please note, transactional communications about your account or our Services are not considered “marketing” communications. You can opt-out of our marketing activities at any time and free of charge.
If, in the future, we use your personal information in any way that is not described in this Privacy Policy, we will disclose this to you. At that time, you can choose not to allow us to use your personal information for any purpose that is incompatible with the purposes for which we originally collected it or subsequently obtained your consent. If you choose to limit the ways we can use your personal information, some or all of the Services may not be available to you.

6. Information Sharing and Disclosure

We share and disclose your personal information as described below.

  • Service Providers, Business Partners and Others. We use certain trusted third-party companies and individuals to help us provide, analyze, and improve the Service (including but not limited to data storage, maintenance services, database management, web analytics, security, payment processing, and improvement of the Service’s features). For example, we use Amazon’s storage service to store some of your information (for more information on Amazon's security see https://aws.amazon.com/security/). These third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy or our agreements with you.
  • Third-Party Services. Lever also allows for the optional integration of other Third-Party Services with your Lever account. We are not responsible for what these Third Parties and their Services do with your personal information, and your use of them will be subject to their respective terms of service and privacy policies. For a list of some the Third-Party Services available on our Service, please see https://www.lever.co/third-party-services. We may change the list or add other Third-Party Services with time.
  • Compliance with Laws and Law Enforcement Requests; Protection of Lever's Rights. We may disclose files stored in your Lever account and other information about you to third parties when we have a good faith belief that disclosure is reasonably necessary to: (a) comply with a law, regulation or legal requests including to meet national security or law enforcement requirements; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of Lever or its user, or (d) protect Lever’s property rights.
  • Business Transfers. If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction, but we will notify you (for example, via email and/or a prominent notice on our website) of any change in control or use of your personal information, or if either become subject to a different Privacy Policy. We will also notify you of choices you may have regarding the information.
  • Non-private or Non-personal Information. We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Service, and use this information for both commercial and non-commercial purposes.

7. Marketing Opt Out and Choice

If you sign up to receive marketing or informational announcements from us, such emails will include the capability to opt-out of receiving such e-mails in the future. Marketing and informational announcements include any communications to you that are only based on advertising or promoting products and services. Transactional communications about your account or our Services are not considered “marketing” or “informational” communications.

8. Online Tracking

Some browsers have incorporated Do Not Track (“DNT”) preferences. Most of these features, when turned on, send signals to the website you are visiting that you do not wish to have information about your online searching and browsing activities collected and used. As there is not yet a common agreement about how to interpret DNT signals, we do not honor DNT signals from website browsers at this time. You may refuse or delete cookies; however, some of our website functionality may be impaired. Please refer to our Cookie Policy for more information and your browser’s Help instructions to learn more about how to manage cookies and the use of other tracking technologies.

9. Accessing, Changing or Deleting Your Information

If you are a registered user, you may review, update, correct or delete the personal information provided in your registration or account profile by, for example, disconnecting your Gmail account. If your personal information changes, or if you no longer desire our service, you may update or delete it by making the change on your account settings. In some cases we may retain copies of your information if required by law. For questions about your personal information on our Service, please contact privacy@lever.co. We will use responsible efforts to respond to your inquiry as soon as practicable. When updating your personal information, we may ask you to verify your identify before we can act on your requests.

For individuals located in the European Economic Area, Switzerland or the United Kingdom during data collection, please refer to the individual rights listed under Section 15 for more information about access, correction and deletion.

10. Data Retention

If you wish to cancel your account or request that we no longer use your personal information to provide you the Service, you may delete your account by sending a request to delete your account to privacy@lever.co. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, or enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers files any information that you have in common with other users.While retention requirements can vary by country, we generally apply the retention periods noted below. Please contact us if you have any questions about our retention periods.

  • Marketing. We store information used for marketing purposes indefinitely until you unsubscribe. Once you unsubscribe from marketing communications, we add your contact information to our suppression list to ensure we respect your unsubscribe request.
  • Interactions on Our Service. We may store any information about your interactions on our Services or any content created, posted or shared by you on our Services (e.g., pictures, comments, support tickets, and other content) indefinitely after the closure your account for the establishment or defense of legal claims, audit and crime prevention purposes.
  • Web Behavior Data. We retain any information collected via cookies, clear gifs, flash cookies, webpage counters and other technical or analytics tools up to one year from expiry of the cookie or the date of collection. Please refer to our Cookie Policy for more information.
  • Telephone Records. As required by applicable law, we will inform you that a call will be recorded before doing so. Any telephone calls with you may be kept for a period of up to six years.

11. Lever Community

Our Service offers publicly accessible community services such as help forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts may remain even after you cancel your account. For questions about your personal information on our Service, please contact privacy@lever.co.

Our site includes links to other websites whose privacy practices may differ from those of Lever. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.

12. Security

The security of your information is important to us. We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us at security@lever.co.

13. Our Policy Toward Children

Our Services are not directed to persons under 18. We do not knowingly collect personal information from children under 18. Any individuals under the age of 18 must have consent to use the Services from their parent or guardian. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us at privacy@lever.co. If we become aware that a child under 18 has provided us with personal information, we will take steps to delete such information from our files.

14. Transfer of Personal Information

If you access or use our Service or provide your information to us, your personal information may be transferred to, processed and maintained on servers or databases located outside of the country or jurisdiction where you are located. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. If you do not want your information transferred to or processed or maintained outside of the country or jurisdiction where you are located, you should not use the Services.

15. Special Information for Individuals in Designated Countries

This section only applies to users of our Service that are located in the European Economic Area, United Kingdom and/or Switzerland (collectively, the “Designated Countries”) at the time of data collection.

We may ask you to identify which country you are located in when you use some of the Services, or we may rely on your IP address to identify which country you are located in. When we rely on your IP address, we cannot apply the terms of this section to any individual that masks or otherwise hides their location information from us so as not to appear located in the Designated Countries. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to users in the Designated Countries.

  • Our Relationship to You. Lever is a data controller with regard to any personal information collected from users of its Service. A “data controller” is an entity that determines the purposes for which and the manner in which any personal information is processed. Any third parties that handle your personal information in accordance with our instructions are our service providers and are “data processors.” You are a “user.” Users are individuals providing personal information to us via our Services, such as by creating an account with our Apps, signing up for our newsletter(s), or otherwise accessing or using our Services. When you use our Service, you may invite end users or collect information via our Service about others – this is call “end user” information. We are not responsible for how you collect, store, or otherwise process end user information on our Service. You are responsible for end user information and ensuring you are processing such information in compliance with all applicable laws.
  • Legal Bases for Processing Personal Information. Below is a chart indicating the legal bases we rely in processing personal information.

Section

Purposes of Processing

Legal Basis for Processing

4(i)

5(i)

5(ii)

5(iii)

5(iv)

5(v)

6(ii)

6(iii)

     

-     Third Party Services

-     To provide our Services to you

-     To contact you about the Service

-     To respond to your inquiries and provide customer service

-     To enforce our terms, agreements or policies

-     To ensure the security of the Service

-     Service Providers, Business Partners and Others

-     Third Party Services

 

Processing is based on our contract obligations or to take steps at the request of the individual prior to entering into a contract.

 

4(ii)

5(vii)

5(vii)

6(v)

-     Third-Party Marketing Partners and Social Media Platforms

-     To personalize your experience on the Services

-     To conduct research and development

-     Business Transfers

Processing is based on our legitimate interest to better understand you, to maintain and improve the accuracy of the information we store about you, and to better promote or optimize our Services.

5(vi)

6(iv)

-    To maintain legal and regulatory compliance

-     Compliance with Laws and Law Enforcement Requests; Protection of Lever's Rights

Processing is necessary for compliance with our legal obligations, the public interest, or in your vital interests. 

  • Marketing. We will only contact individuals located in the Designated Countries by electronic means (including email or SMS) based on our legitimate interests, as permitted by applicable law, or the individual’s consent. When we rely on legitimate interest, we will only send you information about our Services that are similar to those which were the subject of a previous sale or negotiations of a sale to you.
    1. If you do not want us to use your personal information in this way, or to disclose your personal information to third parties for marketing purposes, please go to the email settings for your account to opt out, click an unsubscribe link in your emails, or contact us at privacy@lever.co. You can object to direct marketing at any time and free of charge
  • Individual Rights. We provide you with the rights described below when you use our Services. We may limit your individual rights requests (a) where denial of access is required or authorized by law; (b) when granting access would have a negative impact on other's privacy; (c) to protect our rights and properties; or (d) where the request is frivolous or burdensome. 
  • If you would like to exercise your rights under applicable law, please contact us at privacy@lever.co. We may seek to verify your identity when we receive an individual rights request from you to ensure the security of your personal information.

a. Right to withdraw consent. For any consent-based processing of your personal information, you have the right to withdraw your consent at any time. A withdrawal of consent will not affect the lawfulness of our processing or the processing of any third parties based on consent before your withdrawal.

b. Right of access. Upon your request, we will provide you with a copy of your personal information in our files without undue delay and free of charge, unless we permitted by law to charge a fee. Your access may limited to the extent it would adversely affect the rights and freedoms of other individuals.

c. Right to rectification (or “correction”). You may request to correct or update any of your personal information in our files. We may provide you with the ability to update some or all of your personal information directly via the Services.

d. Right to erasure (or the “Right to be Forgotten”). Upon your request, we will erase any of your personal information in our files that: is no longer necessary in relation to the purposes for which it was collected or otherwise processed; was collected in relation to processing that you previously consented to, but later withdrew such consent; or was collected in relation to processing activities to which you object, and there are no overriding legitimate grounds for our processing.

e. Right to restriction. You have the right to restrict our processing of your personal information where one of the following conditions applies:

i. You contest the accuracy of your personal information that we processed. If you restrict processing based on this condition, you may experience an interruption of some or all of the Services during the period necessary for us to verify the accuracy of your personal information;

ii. The processing is unlawful and you oppose the erasure of your personal information and request the restriction of its use instead;

iii. We no longer need your personal information for the purposes of the processing, but it is required by you to establish, exercise or defense of legal claims; or

iv. You have objected to processing, pending the verification whether the legitimate grounds of our processing override your rights. During the time which restriction of processing applies, we will only process your restricted personal information with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest. We will inform you if or when the restriction is lifted.

f. Right to object to processing. You may object to our processing at any time and as permitted by applicable law if we process your personal information on the legal bases of: consent; contract; or legitimate interests. We may continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.

g. Right to data portability. If we process your personal information based in a contract with you or based on your consent, or the processing is carried out by automated means, you may request to receive your personal information in a structured, commonly used and machine-readable format, and to have us transfer your personal information directly to another “controller,” where technically feasible, unless exercise of this right adversely affects the rights and freedoms of others. You right to data portability only applies to personal information provided by you to us.

h. Notification to third parties. When we fulfill your individual rights requests for correct (or rectification), erasure or restriction of processing, we will notify third parties also handling the relevant personal information unless this proves impossible or involves disproportionate effort. Upon your request, we will identify such third parties.

If you have questions, you may reach our Data Protection Officer, or our member representative at privacy@lever.co

  • The EU-U.S. and Swiss-U.S. Privacy Shield Frameworks. Lever complies with the EU-U.S. and the Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Lever has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. The Federal Trade Commission has jurisdiction over Lever’s compliance with the Privacy Shield.
    • If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. In the context of an onward transfer, Lever has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
  • Right to Lodge Complaint.In compliance with the Privacy Shield Principles, we commit to resolve complaints about our collection or use of your personal information. European Union and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Lever at privacy@lever.co.
    • If you are a European data subject with an unresolved complaint or dispute arising under the requirements of the Privacy Shield Framework, we agree to refer your complaint under the Framework to an independent dispute resolution mechanism. Our independent dispute resolution mechanism is the International Centre for Dispute Resolution ("ICDR"), operated by the American Arbitration Association ("AAA"). For more information and to file a complaint, you may contact the International Centre for Dispute Resolution by phone at +1.212.484.4181, or by visiting the website http://go.adr.org/privacyshield.html
    • 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.
    • You also have a right to lodge a complaint with a competent supervisory authority situated in a Member State of your habitual residence, place of work, or place of alleged infringement.

16. The Personal Information Protection and Electronic Documents Act (PIPEDA) of Canada

Lever complies with The Personal Information Protection and Electronic Documents Act (PIPEDA) set forth by the Office of the Privacy Commissioner of Canada which details the rules for the collection, use and disclosure of personal information in the course of commercial activity as defined by the Act. To learn more about PIPEDA, please visit https://www.priv.gc.ca/information/pub/guide_ind_e.asp. If you have questions about PIPEDA as it pertains to the use or storage of, and access to your personal information, please contact us at privacy@lever.co.

17. Your California Privacy Rights

If you are a California resident you have the right to request information from us regarding the manner in which we share certain categories of your personal information with third parties for the third parties’ direct marketing purposes. Under California law, you have the right to submit a request to us at our designated address and receive the following information:• the categories of information we disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; and• the names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed.You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. You may make such a request by emailing privacy@lever.co.

18. Contacting Us

If you have any questions about this Privacy Policy, please contact us at privacy@lever.co.