Candidate Privacy Notice

Effective Date: March 1, 2024

We are pleased that you are interested in working with Sylva and/or any of its online communities.

This Sylva Global Candidate Privacy Notice (“Candidate Notice”) describes how Sylva, Inc. (“Sylva”) and the online communities we operate (“Community(ies)”) (Sylva and its Communities collectively, "Sylva,” "we," or "us") collects and processes information about you in the context of your candidacy for employment or engagement with Sylva.

Sylva is U.S. based company with international operations. Data protection and privacy laws applicable to our recruiting and hiring/engagement activities (“Applicable Privacy Laws”) may vary depending on your location. Where Applicable Privacy Laws are stricter than the practices described in this Candidate Notice, Sylva has adopted specific privacy practices in those locations to satisfy those stricter requirements.

For purposes of this Candidate Notice, unless Applicable Privacy Laws provides otherwise, “Personal Data” (or “Data”) means information related to you that identifies you directly (e.g.name, address, telephone number, email address) or indirectly when combined with other information linked or linkable to you indirectly when combined with other information linked or linkable to you (e.g., employment or education information). Personal Data does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual and does not apply to other information that is excluded from privacy protections under Applicable Privacy Law.

This Candidate Notice applies to individual applicants for employment or engagement only, but supplements and should be read together with the Privacy Policy which applies to all personal data collected in the course of providing our products, access to our online properties and associated content and services as well as engaging in recruiting and hiring activities.

In certain circumstances, you may apply for employment or engagement through a third-party service that displays our job posting. We do not control the privacy practices of these third-party services. Please review their privacy policies carefully prior to submitting your application materials.

For questions concerning our processing of your Personal Data please reach out to the recruiter handling your application or contact us through the contact details in the Contact Information section.

This notice explains:

What Personal Data we collect;
Our use of Personal Data;
With whom we share Personal Data;
Our Legal Basis for using your Data (if/as prescribed under Applicable Privacy Laws);
How we may transfer your Data outside your home jurisdiction;
How long we retain your Data;
Your rights related to your Data;
When and how we may change our Data processing practices and this Candidate Notice; and
How to contact us.

1. PERSONAL DATA COLLECTED

Sylva may collect Personal Data directly from you, as an applicant or employment or engagement, or may receive Personal Data from third parties including, our agents, vendors, consultants, and other service providers (collectively, “Service Providers”) and websites, locations, platforms, applications, or services operated by third parties (collectively, “Third-Party Services”).

We limit our collection, use, retention, and sharing of a Personal Data to actions reasonably necessary and proportionate to achieve our recruiting, hiring and other staffing needs and for compatible purposes as set forth in the Privacy Policy.

Personal Data collected from you includes:

Personal Identifiers & Contact Information: name, addresses, telephone numbers, and email addresses.
Professional, Employment & Educational Information:some text
- Current & Historic Information: current and past work experience and education, professional qualifications, applicable skills, and other relevant information contained in a resume, CV, or application.
- Job Preferences: type of employment or engagement sought, desired salary/rate, willingness to relocate, job preferences, and other information related to compensation and benefits.
- Ancillary Application, Interview & Assessment Information: referrals or references, personal characteristics, inputs to assessments completed, information you volunteer regarding your compensation history, family history or personal situation and other information contained in cover letter or other supporting documentation or disclosed in a recruiter screening or interview in support of an application.
National Identifiers & Work Eligibility Information: national identification number, social security number, social insurance number, government identification number, country of residence, citizenship status, visa status, residency and work permit status, and immigration information.
Demographic Information: gender, age, racial or ethnic origin, marital/civil partnership status, caregiver status, and military service.

Personal Data we may collect from third parties includes:

Publicly Available Information: professional and personal information available from publicly available sources, including online, that we believe is relevant to your application or a potential future employment or engagement (e.g., your LinkedIn profile).
Interview Feedback: feedback provided by individuals that interviewed you.
Assessment Results: results of any assessment you may take as part of the interview process.
References & Background Checks: information received from references, referees, or former employers/clients you work with and/or or with whom you may have worked in the past who may provide feedback about you and results of background checks conducted by third party providers.

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NOTE: Certain types of Personal Data, commonly as “sensitive” or within a “special category,” are subject to special protections under Applicable Privacy Laws (“Sensitive Data”). Depending on the Applicable Privacy Law, Sensitive Data may include government identification numbers, data concerning health, gender, or sexual orientation and/or information that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership.

2. USE OF PERSONAL DATA

Sylva only uses Personal Data as described in this Candidate Notice for the purpose of carrying out our recruitment, hiring and other staffing processes which include:

Identifying and evaluating applicants for employment or engagement, including assessing skills, qualifications, and interests for the purposes of determining suitability for the position for which you have applied;
Verifying your information and carrying out employment, background, and reference checks, where applicable, subject to your consent where required by Applicable Privacy Law;
Communicating with you about the recruitment process and your application(s), including, in appropriate cases, informing you of other potential career opportunities with Sylva;
Keeping records related to our hiring/engagement processes, for only as long as appropriate under the circumstances;
Where requested by you, assisting you with obtaining an immigration visa or work permit where required;
Creating and submitting reports as required by applicable laws or regulations;
Complying with our legal, regulatory, or other corporate governance requirements; and
Analyzing and improving our application and recruitment process, including improving diversity.

Sylva does not use Personal Data for, and our hiring/engagement decisions are not based on, so-called “automated decision-making.”

We may process Sensitive Data that you provide, or we lawfully receive from a third party, when relevant for a particular position and as permitted by Applicable Privacy Law or with your consent or where necessary for the purpose of carrying out our obligations and for the exercising of our rights or your rights in the context of employment, social security or tax law. For example, we may need to process information about your health to accommodate any special needs you have when you come onsite for an interview, or to monitor the spread of infectious diseases in the workplace.

3. SHARING OF PERSONAL DATA

We only share your Personal Data where required by law or as needed to carry out our recruitment, hiring and staffing processes with the recipients or categories of recipients identified below. Sylva does not sell, or share for marketing purposes, Personal Data collected pursuant to this Candidate Notice.

Sylva Personnel – that administer and support our recruiting, hiring or staffing processes (for example, hiring managers, interview panelists, and human resources teams), subject to authorized access.

Service Providers – that support Sylva’s recruiting, hiring and staffing processes and are subject to appropriate contractual controls, including, without limitation, the following:

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Applicant Software Service Provider(s), including, Greenhouse Software. For more information, see Greenhouse’s Privacy Policy or contact Greenhouse at privacy@greenhouse.io.
Candidate Sourcing & Marketing Services, including:

LinkedIn Recruiter System Connect (“LinkedIn RSC”). For more information, see LinkedIn Privacy Policy and Data Processing Agreement or contact LinkedIn here.
Gem. For more information, See Gem’s Privacy Policy or contact Gem at support@gem.com.
Wellfound (formerly AngelList Talent). For more information, see Wellfound’s Privacy Policy or contact Wellfound at privacy@angel.co.

Human Resource Information System Services, including, Rippling. For more information, see Rippling’s Privacy Policy or contact Rippling at privacy@rippling.com.
Candidate Engagement Services, including, Guide. For more information, see Guide’s Privacy Policy or contact Guide at legal@guide.co.
Video Conferencing Services, including, Zoom. For more information, see Zoom’s Privacy Policy or contact Zoom at privacy@zoom.us.

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Other Third Parties - under circumstances where we, in good faith: (i) believe we are compelled by applicable law or regulation, judicial request from a court of competent jurisdiction, or another legal process or government authority; (ii) find it necessary to exercise, establish or defend our legal rights; (iii) seek to enforce or apply our Terms of Use or terms of any other agreement; (iv) seek to protect Sylva’s rights or property; (v) seek to protect Sylva, our clients, Members, or the public from harm or illegal activities; (vi) seek to respond to an emergency which we believe, in good faith requires us to disclose data to prevent harm; or (vii) rely on your consent.

4. LEGAL BASIS FOR PROCESSING PERSONAL DATA

If you are located in the European Economic Area (the “EEA”) or the United Kingdom (the “UK”) and our processing of your Personal Data is governed by the EU General Data Protection Regulation (“GDPR”) or the GDPR as it forms parts of the UK domestic law under the European Union (Withdrawal) Act 2018 (“UK GDPR”), our legal basis for collecting and using your Personal Data will depend on the type of Data concerned and the context in which we process (i.e., “use”) it.

We process Personal Data where the processing is in our legitimate interests which is not overridden by your data protection interests or fundamental rights and freedoms, or where applicable, we have obtained your consent to process for a specific purpose.

We process Personal Data to perform our obligations under an agreement we have with you. For example, we use your Personal Data to make a job offer or to complete a contract of employment or engagement with you.

In some situations, we may have a legal obligation to collect or retain Personal Data to comply with employment, immigration, social security or tax laws or regulations. We may also need to process your Personal Data to protect vital interests or to exercise, establish, or defend legal claims.

5. INTERNATIONAL TRANSFER

Your Personal Data may be stored in, transferred to, and processed in the United States and in any other country in which we, our affiliated companies, our Services Providers and/or Third-Party Services maintain facilities. The Applicable Privacy Laws in these countries may provide a different standard of protection for Personal Data than the country in which you are located or your country of residence.

If you are located in the EEA or the UK and our processing of your Personal Data is governed by the GDPR or the UK GDPR; transfer of your Personal Data outside of the EEA or UK, as applicable, will be made only:

To those territories which the European Commission (or other relevant governmental authority) has determined provides an adequate level of protection for Personal Data; or
Appropriate safeguards to protect your Personal Data, including through the use of Standard Contractual Clauses or another lawful transfer mechanism approved by the European Commission (or other relevant governmental authority).

6. DATA RETENTION

If you are considered for a position with Sylva and your candidacy is unsuccessful, you decline our offer, or you withdraw your application, we will retain your Personal Data only to consider you for potential future positions with Sylva, and as long as needed to comply with any applicable laws or for the establishment, exercise, or defense of a legal challenge related to our recruitment process or decision.

If you are offered and accept a position with Sylva, the Personal Data collected during the application and recruitment process will: (i) be used to process your offer of employment/engagement; (ii) be used to onboard you in our systems; (iii) become part of your employment/engagement record; and (iv) will be retained in accordance with applicable legal requirements.

All Personal Data we retain will be subject to this Candidate Notice, the Privacy Policy, and our internal retention guidelines.

7. YOUR RIGHTS

If we process your Personal Data in reliance upon your consent, you can withdraw your consent at any time by contacting us at privacy@withsylva.com.

If you do not want us to retain your Personal Data to consider you for potential future positions, you may request that we delete it by contacting us contacting us at privacy@withsylva.com.

Please note, however, that we may retain some information that we are required to retain by law or to defend ourselves in the event of a legal claim.

Based on the Applicable Privacy Laws, you may have additional rights regarding your Personal Data. In particular, you may have the right to:

Access your Personal Data;
Correct your Personal Data that is inaccurate;
Have your Personal Data deleted;
Restrict our use of your Personal Data;
Object to our use of your Personal Data;
Obtain your Personal Data in a usable electronic format and transmit it to a third-party; or
Lodge a complaint with your local data protection authority or regulatory body.

These rights may be limited, for example, if fulfilling your request would reveal Personal Data about another individual, or if you ask us to delete Personal Data which we are required by law to keep or which we need to defend claims against us.

Additional information about the particular Personal Data rights that may be available to you based on your location or place of residence, please see the Region Specific Privacy Rights section below.

‍8. CHANGES TO THIS CANDIDATE NOTICE

We may periodically make changes to this Candidate Notice and recommend that you check back to review this Notice so that you always know how we collect, use, and share candidate Personal Data. We will indicate changes, including material changes, by updating the “Effective Date” at the top of this page.

9. CONTACT INFORMATION

Please direct comments or questions regarding this Candidate Notice via email to privacy@withsylva.com.

REGION SPECIFIC PRIVACY RIGHTS

EU & UK CANDIDATES

For purposes of GDPR and the UK GDPR, the controller of your Personal Data under this Candidate Notice is Sylva, Inc., with an address of 2228 Park Ave. S PMB 48593, New York, NY 10003-1502, USA.

Sylva’s EU Data Protection Officer is:

Thomas Guthrie

2228 Park Ave. S PMB 48593

New York, NY 10003-1502J

privacy@withsylva.com

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Sylva’s EU Representative is:

Scott Amenta

Schonhauser Allee 97

Berlin

Germany

privacy@withsylva.com

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Sylva’s UK Representative is:

Scott Amenta

Schonhauser Allee 97

Berlin

Germany

United Kingdom

____________

privacy@withsylva.com

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If you are located in the EEA or the UK and our processing of your Personal Data is governed by the GDPR or the UK GDPR; you have the following additional rights:

Right to Access: You have the right to ask us for confirmation on whether we are processing your Personal Data, and access to the Personal Data and related information.
Right to Correction: You have the right to have your Personal Data corrected, as permitted by law.
Right to Erasure: You have the right to ask us to delete your Personal Data, as permitted by law.
Right to Withdraw Consent: You have the right to withdraw consent that you have provided.
Right to Lodge Complaint: You have the right to lodge a complaint with a supervisory authority in the member state of your habitual residence.
Right to Restrict Processing: You have the right to request the limiting of our processing under limited circumstances.
Right to Data Portability: You have the right to receive the Personal Data that you have provided to us, in a structured, commonly used, and machine-readable format, and you have the right to transmit that information to another controller, including to have it transmitted directly, where technically feasible.
Right to Object: You have the right to object to our processing of your Personal Data, as permitted by law, under limited circumstances.

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CALIFORNIA CANDIDATES

If you are a resident of California, our processing of your Personal Information (“PI”) is governed by the California Consumer Privacy Act of 2018, California Civil Code 1798.100 et seq. (2018), as amended (“CCPA”). Pursuant to the CCPA, California residents have the following additional rights:

Right to Know/Access: You have the right to know/access:

Whether your PI was sold or shared;
The retention period or criteria used for retaining your PI;
Subject to statutory exceptions, no more than twice in a twelve-month period, the following information that we have collected in the period that is 12 months prior to the request date and are maintaining:

the categories of PI we have collected about you;
the categories of sources from which we collected your PI;
the business or commercial purposes for our collecting or selling your PI
the categories of third parties to whom we have shared your PI;
the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred; and
the specific pieces of PI collected.

Right to Deletion: You have the right, subject to statutory exceptions, to request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.
Right to Correction: You have the right, subject to statutory exceptions, to request that we correct factual errors in your PI.

To exercise any of these rights, please contact us at privacy@withsylva.com.

We will respond to such requests in accordance with CCPA requirements.

You have the right to not receive discriminatory treatment in a manner prohibited by the CCPA because of you exercising your rights under the CCPA.

To fulfill your CCPA request, we may require you to provide sufficient information to reasonably verify you are the California Consumer about whom we collected PI. This verification process may include providing us at least two unique data points, depending on the type of request.

California Consumers have the right to exercise CCPA privacy rights via an authorized agent who meets the agency requirements of the CCPA. Authorized agent requests must include a copy of the agency agreement between the authorized agent and the California Consumer. We will ask you to independently confirm the agency relationship if this section applies to you.