Job Applicant Privacy Notice

Last Updated Date: June 2018

Scope and Overview

MINDBODY, Ltd. (the “Company”) values your trust and is committed to the responsible management, use and protection of personal information. This Applicant Privacy Policy (“Policy”) describes our practices in connection with all the information that we collect through the Careers section of our website (located at https://www.mindbodyonline.com/company/careers) (“Careers Site”) and in connection with your application for a job or internship with the Company or one of our affiliates. Personal information submitted elsewhere on the Company’s and its affiliates’ web sites will be used in accordance with our general online Privacy Policy.

Personal Information We Collect

Information You Provide

We collect information from you in connection with your application:

Information we collect includes:

  • Name, address, telephone number, e-mail address, and other contact information;
  • Work authorisation status;
  • CV, cover letter, previous work experience and education information;
  • Skills;
  • Professional and other work-related licenses, permits and certifications held;
  • Information relating to references; and
  • Any other information you elect to provide to us (e.g., employment preferences, willingness to relocate, current salary, desired salary, awards or professional memberships).

As noted in our application form, in certain cases we will ask questions about race/ethnic origin, gender, and disability of our applicants, for monitoring equal opportunity. We can also inquire about criminal records. We will do so only where permitted by applicable law. Otherwise, we ask that you avoid submitting information which may qualify as sensitive information under applicable law, except where such information is legally required. Sensitive information includes race, religion, ethnicity, nationality or national origin, age, gender identity, sex life or practices or sexual orientation, marital status, medical or health information (including disability status), genetic or biometric information, biometric templates, political or philosophical beliefs, political party or trade union membership, veteran status, background check information, judicial data such as criminal records or information on other judicial or administrative proceedings.

Any information you submit through the Careers Site must be true, complete and not misleading. Submitting inaccurate, incomplete, or misleading information may lead to a rejection of your application during the application process or disciplinary action including immediate termination of employment. In addition, it is your responsibility to ensure that information you submit does not violate any third party’s rights.

If you provide us with personal information of a reference or any other individual as part of your application, it is your responsibility to obtain consent from that individual prior to providing the information to us.

Information from Other Sources

For the purpose of background check reports in connection with your application, and as permitted by applicable law, the Company obtains information about you from other sources:

Other sources include:

  • Your references;
  • Prior employers; and
  • Educational institutions you attended.

Use of Information

We collect and process information about you for one or more of these reasons:

  • a) Because you voluntarily provide this information and consent for us to process it;
  • b) Because this information is necessary to take steps at your request prior to entering into an employment or internship;
  • c) Because this information is of particular importance to us and we have a specific legitimate interest under law to process it;
  • d) To comply with a legal obligation; or
  • e) Where necessary to protect the vital interests of any person.

Where the collection or processing is based on your consent, you may withdraw your consent at any time to the extent permitted by applicable law.

The information that you submit on the Careers Site will be used for the Company’s global personnel recruitment, management and planning purposes, as permitted by applicable law:

  • To process your application.  We will engage in these activities to manage our prospective contractual relationship with you, based on our legitimate interests;
  • To assess your capabilities and qualifications for a job.  We will engage in these activities to manage our prospective contractual relationship with you, based on our legitimate interests;
  • To conduct reference checks. We will engage in these activities to comply with a legal obligation or based on our legitimate interests;
  • To respond to your inquiries and communicate with you about your application, and to send you information regarding the Careers Site and changes to our terms and policies. We will engage in these activities to manage our prospective contractual relationship with you;
  • To comply with or monitor compliance with any applicable law or regulation. We will engage in these activities to comply with a legal obligation or based on our legitimate interests;
  • To conduct background checks if we offer you a position. We will engage in these activities to comply with a legal obligation or based on our legitimate interests; and
  • To preserve our other legitimate interests, for example, for the Company’s administrative purposes, aggregate management reporting, internal training, and as generally required to conduct our business within the Company and its affiliates.

The information about you will be added to the Company’s international candidate database and may be retained for the period necessary to fulfil the purposes outlined in this Policy. This will usually be for up to 12 months after we have communicated to you the outcome of the recruitment process. This information will be used to consider you for opportunities at the Company and its affiliates other than the one(s) for which you apply. If you do not wish us to do this, please contact us at the address in the “Contact Us” section.

If we hire you, personal information we collect in connection with your application can be incorporated into our human resources system and used to manage the new-hire process; any such information can become part of your employee file and used for other employment-related purposes.

Providing personal information to us through the Careers Site is voluntary. However, if you do not provide sufficient information, the Company may be unable to consider your employment application or, if you are hired, your subsequent promotion, transfer or relocation.

Disclosure and Transfer of Information

The Company shares personal information with MINDBODY, Inc. and other affiliates that are involved in evaluating candidates for a given position. MINDBODY, Ltd. will remain responsible for personal information that is jointly used with affiliates.

We will limit access to personal information to personnel with a business need to know the information for the purposes described in this Policy, including personnel in the recruiting, human resources and information technology departments, and in the department responsible for the position for which you are applying.

The Company also shares personal information with our third-party service providers to facilitate services they provide to us, including hosting and operating the Careers Site, recruiting assistance, and background check processing.

Disclosing your personal information can include transferring personal information to other countries, including the United States and Australia, or any other country in which we or our service providers have operations. If you are located in the European Economic Area (the “EEA”) this may include countries outside of the EEA. Some of these countries are recognized by the European Commission as providing an adequate level of protection according to EEA standards (the full list of these countries is available here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en. As for transfers to other countries, we have put in place adequate measures, such as Privacy Shield self-certification for transfers to the U.S. to protect your information. You may obtain a copy of these measures by contacting us using the address in the ‘Contact Us’ section below or by following this link: https://www.mindbodyonline.com/privacy-policy.

Other Uses and Disclosures of Information

We also use and disclose your personal information as necessary or appropriate, especially when we have a legal obligation or legitimate interest to do so:

  • To comply with applicable law: this can include laws outside your country of residence.
  • To respond to requests from public and government authorities: these can include authorities outside your country of residence.
  • To cooperate with law enforcement: for example, when we receive law enforcement requests and orders.
  • For other legal reasons: to enforce our terms and conditions and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
  • In connection with a sale or business transaction: we have a legitimate interest in disclosing or transferring your personal information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

Data Retention

We will retain personal information for the period necessary to fulfil the purposes outlined in this Policy. This will usually be for up to 12 months after we have communicated to you the outcome of the recruitment process unless a longer retention period is required or permitted by law. The criteria used to determine our retention periods are: (i) the duration of the application process; (ii) as long as we have an ongoing relationship with you; (iii) as required by a legal obligation to which we are subject; and (iv) as advisable in light of our legal position (such as in regard of applicable statutes of limitations, litigation, or regulatory investigations). We may retain and archive anonymised job applicant data beyond 12 months for statistical purposes.

We may remove personal information for inactive accounts from our database, subject to any applicable legal or regulatory obligations. Furthermore, the Company can delete personal information about you (including your CV/cover letter) from our database at any time and without providing any reason. Therefore, please retain your own copy of the personal information provided to us.

Passive Information Collection: Cookies and Similar Technology

We and our service providers use “cookies” and similar technologies on the Careers Site. Please see our Cookie & Similar Technologies Policy for more information.

Choices and Access

If you register on the Careers Site, you may access, review, and change your personal information stored therein by logging into the Careers Site and updating your account information. The updated profile will be used as the default the next time you apply for a job using your account online. To change personal information that you have already submitted for consideration for a specific position, please update your profile and resubmit your application for that position. We encourage you to promptly update your personal information if it changes or is inaccurate.

You may, where permitted by applicable law, request to review, access, correct, update, restrict suppress or delete your personal information; request that we cease using your personal information as permitted by applicable law; or request a copy or portability of your personal information.   Please make your request by contacting us as indicated below in the “Contact Us” section. We will respond to your request consistent with applicable law.

In your request, please make clear what personal information you would like to access or have changed, whether you would like to have personal information that you have provided to us suppressed from our database or otherwise let us know what limitations you would like to put on our use of your personal information.

For your protection, we only implement requests with respect to the information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. Please note that certain personal information may be exempt from such requests pursuant to applicable data protection laws or other laws and regulations.

You also may:

Data Security

We seek to use reasonable organizational, technical and administrative measures to protect personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contact Us” section below.

The Company hereby disclaims, as far as permitted by local laws, any liability for itself and its affiliates and contractors for any personal information we collect in connection with your application that is lost, misused, illegally accessed, disclosed, altered or destroyed or not timely delivered to our Careers Site.

Links to Third-Party Websites

This Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any website or service to which the Careers Site links. The inclusion of a link on the Careers Site does not imply endorsement of the linked site or service by the Company or our affiliates.

Law Applicable to Job Application

The Careers Site allows you to apply for jobs world-wide, as a benefit of MINDBODY’s centralized global recruitment function. This Careers Site is operated from the United States. Accordingly, any personal information you submit to the Careers Site will be collected in the United States and will be subject to U.S. laws. However, if we share your personal information with an affiliate located in another country in its capacity as a potential employer, the affiliate will handle your personal information in accordance with this Policy. Any hiring or other employment-related decisions will be made by the hiring affiliate in accordance with the laws of the country where the job will be located.

Changes to the Policy

We reserve the right to amend this Policy at any time in order to address future developments of the Company, the Careers Site or changes in industry or legal trends. The “Last Updated” legend at the top of this Policy indicates when this Policy was last revised. Any changes will become effective when we post the revised Policy on the Careers Site.

Contact Us

If you have any questions or requests, please feel free to contact us at: ukrecruiting@mindbodyonline.com or People & Culture, MINDBODY Ltd, One New Change, London, EC4M 9AF, United Kingdom

Because email communications are not always secure, please do not include sensitive information in your emails to us.