Job Applicant Privacy Policy

Nirvana Tech, Inc. (“Nirvana”) is committed to protecting your Personal Information and processing it reasonably. This Job Applicant Privacy Notice (“Notice”) describes how we collect and use certain Personal Information relating to job applicants for positions with us (“Applicants”). This Notice is intended to satisfy notice requirements under certain applicable laws and to provide you with information regarding our data collection and use practices. We may provide Applicants additional notices about our data collection practices where required by other laws (e.g., if we conduct a background check or extend an employment offer). For California residents, please see the section at the end of this notice entitled “Information for California Residents,” which provides additional information regarding how we use, disclose and process California residents’ Personal Information, as required by the California Consumer Privacy Act, as amended. 

This Notice applies to the Personal Information that we collect from and about Applicants for reviewing, assessing, considering, managing, storing or processing their applications or otherwise considering them for a position with us. The categories of Personal Information we collect and our use of Personal Information may vary depending upon the position for which you are applying and the jurisdiction where you reside. We will collect, use and store your Personal Information where permitted by and in accordance with applicable laws.

By completing your job application or otherwise engaging with Nirvana in your capacity as an Applicant, you signify your acceptance of this Notice. If you do not agree to this Notice, do not access or use any Nirvana website or any third-party website for the purpose of applying for a job with Nirvana.

We may change or add to this Notice, including updating this Notice or creating additional policies, in order to accurately reflect changed circumstances or new legal requirements, so we encourage you to review it periodically. Your continued or future participation in the hiring process after we make changes is deemed to be acceptance of those changes.

This Notice does not apply to third-party sites linked from our website or to services offered by other companies or individuals, including products or sites that may be displayed to you. This Notice also does not cover the information practices of other companies or individuals who advertise services used by Nirvana employees, applicants, or customers.

The Personal Information Nirvana Collects

Directly from You

When you apply for a job with Nirvana, we collect Personal Information directly from you when you visit our website or through other communication channels such as email, telephone, online job applicant platforms, or in person. Nirvana may collect the following Personal Information during the recruiting process:

• Contact information such as first and last name, email address, mailing address, and telephone number
• Details of your current and past employment such as name of employer, position held, and dates of employment
• Information that may be needed to complete a pre-hire background check such as Social Security Number (SSN), driver’s license number/state ID, or other acceptable identity verification
• Education and training information
• Citizenship information and/or work authorization information
• The contact information of any personal references
• Characteristics of protected classifications, such as race, color, sex, age, national origin, disability, and citizenship status
• Any other information you may choose to provide as part of the application or interview process

When you visit our website, we may automatically collect information about your device and use of the application or third-party job application platform such as IP address, device identifiers, device details, and pages visited and accessed through cookies and similar technologies.

From Other Sources

During and as part of the recruiting process, with your consent when applicable, Nirvana may collect the following information about you from third parties:

• Contact information such as the first and last name, email address, mailing address, and telephone numbers of eligible candidates and details of their employment, education and training experience from a third-party recruiting service
• Information about current and past employment, education and training from publicly available sources, as permitted by law
• Information from service providers in connection with job applicant background checks, such as information related to criminal offenses or proceedings or sentences, credit reports and other similar reference checks, as permitted by applicable law
• Information about your past employment experience from previous employers and/or personal references provided by you

Cookies and Similar Technologies

Nirvana and our third party service providers may use various technologies to automatically collect and store information when you interact with our website or any third party sites we use during the course of the hiring process, including the use of cookies, web beacons or similar technologies.

• Cookies:  When you access our Services, Nirvana will issue a cookie to your device. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of the Services.

• Web beacons:  Certain webpages maintained by Nirvana, as well as emails sent by Nirvana, may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that collect information about page visits and email viewing. Information collected may include limited personal information, such as name, email address and universal ID.

Personal Information and non-Personal Information may be linked together and once linked, may identify an individual person. If we combine non-Personal Information with Personal Information, the combined information will be treated as Personal Information as long as it remains combined.

Aggregate or Anonymized Data

In each case above, we may aggregate or anonymize the foregoing types of information in support of legitimate business purposes such that they are no longer capable of identifying you. In that event, the information is no longer considered “Personal Information” and may be used for any purpose consistent with applicable law.

When using deidentified data, Nirvana does not attempt to reidentify the data. We may use and disclose deidentified or aggregated data with any third party without restriction, as permitted by applicable law. We may use and disclose non-Personal Information for any purpose without restriction.

Public Data

Nirvana may collect data about you that we have a reasonable basis to believe is lawfully made available to the general public by you. We do not consider such data to be “Personal Information” and may use such data for any purpose consistent with applicable law.

How Personal Information is Used

Nirvana may use Personal Information for the following purposes:

• Managing all parts of the applicant administration process, such as scheduling and conducting interviewing, verifying references, conducting background investigations, extending offers, negotiating terms of the offers, and assessing salary and compensation matters
• Communicating with job applicants (including through email, calls and text messaging)
• Providing you access to our job applicant portal
• Considering the Applicant for other future positions at Nirvana
• Developing and improving our products, services, software, website and our hiring practices through research, development, analytics and business intelligence
• Managing network security, which includes disaster recovery and business continuity, as well as the security of our offices, premises and physical assets, including through the use of electronic access systems and video monitoring
• Supporting our equal opportunity employment policy and practices
• Preventing fraud and/or identity theft
• Complying with privacy laws, information security requirements and other legal requirements
• Auditing, reporting Corporate Governance, and internal operations
• M&A and other business transactions
• Other purposes as authorized by applicable law

How and to Whom Personal Information is Disclosed

Within Nirvana

We ensure that all internal recipients of your data are aware of its confidential nature and are required to handle it in compliance with applicable privacy laws and organizational standards. Access to your information is granted only as necessary and only to individuals directly involved in the recruitment and selection process, including but not limited to recruiters, hiring managers, interview panel members and, if applicable based on the position, the executive leadership team.

Service Providers

We may disclose Personal Information to companies or individuals that provide us with services. These service providers provide services such as candidate screening, background checks and office security. We may also disclose your Personal Information to our IT and system administration providers, cloud hosting providers, software providers, and payroll processors. We may disclose your Personal Information to our professional advisors, such as lawyers, accountants, and other similar advisors. Service providers can only process Personal Information as instructed by Nirvana.

We use Ashby to help manage your employment application process. You may elect to use Ashby on our website. Your interactions with this service provider are governed by their own privacy policy. While we strive to align our privacy practices with those of our service provider, there may be instances where differences exist between our policy and theirs. In the event of any conflict between our privacy policy and the third-party service provider's privacy policy, the latter will prevail concerning their processing activities. We recommend that you review Ashby's privacy policy to understand more about their specific data handling practices.

Text Message Communications

Nirvana uses text messaging communication to communicate with Applicants throughout the hiring process. Participation in text messaging is purely voluntary and optional. Opting into this messaging service is not required for Applicants to apply or be considered for employment. By providing your phone number as an Applicant, you consent to receive text messages from us regarding:

• Your interest in employment
• Applications you submit to Nirvana
• Application status updates, interview scheduling, offers of employment, reminders, and pre-employment tasks
• Other communications related to the application or hiring process
• Notification of additional opportunities

Your information will not be shared with any third parties except as necessary to facilitate text message delivery through our service providers, which may include platform providers, including Ashby, telecommunications companies, and messaging vendors. This may include the sharing of your personal data, including your SMS opt-in or consent status, with these third parties.

You may opt out of text communications at any time by informing your recruiter(s) or replying with “STOP.” Message frequency may vary. Standard Message and Data Rates may apply. If you have questions about your text plan or data plan, contact your wireless provider. If you have any questions about the privacy practices of Ashby, refer to their privacy policy linked in your job applicant portal.

Business Transition

In the event that Nirvana, or any portion of our assets or business, are acquired, sold, merged, or transferred, whether as a result of or in the event of an acquisition, divestiture, reorganization, restructuring, or dissolution, or as a going concern or as a part of bankruptcy, liquidation, or similar proceeding, or otherwise, Nirvana will disclose Personal Information to the company involved to complete the business transition, including at the negotiation stage and including where the Personal Information is among the assets being transferred.

Law Enforcement

We may report to law enforcement agencies any activities that we reasonably believe to be unlawful, or that we reasonably believe will aid a law enforcement investigation into unlawful activity. In addition, we reserve the right to release your Personal Information to law enforcement agencies if we determine, in our sole judgment, that either you have violated our policies, or the release of your Personal Information will protect the rights, property, or safety of Nirvana, or another person.

Legal Process

We may disclose your Personal Information to others as required or permitted by law. This includes sharing your Personal Information with governmental entities or third parties in response to subpoenas, court orders, other legal processes such as garnishments for child support orders, or as we believe is necessary to comply with applicable laws, to exercise our legal rights, to defend against legal claims that have been brought against us, or to defend against possible legal claims that we determine in our sole discretion might be brought against us.

How Personal Information is Protected

Nirvana uses commercially reasonable administrative, organizational, and physical safeguards designed to protect Personal Information from loss, theft, and unauthorized use, disclosure or modification. Please be aware that no data transmission over the internet is 100% secure. While we strive to protect your Personal Information, we cannot ensure or warranty the security of any information you transmit to us, and you do so at your own risk.

Retention of Personal Information

Nirvana and/or any third party service providers we use as part of the hiring process will retain your Personal Information for as long as is reasonably necessary to fulfill the purpose for which it was disclosed or as required to comply with legal obligations. The precise periods for which we keep your Personal Information vary depending on the nature of the information and why we need it. Factors we consider in determining these periods include the minimum required retention period prescribed by law or to fulfill the purpose(s) for which the Personal Information was collected. At the end of that period, Nirvana will securely delete the Personal Information. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such data.

Third Party Links

Nirvana’s platforms, including its website, may contain links to webpages created by parties other than Nirvana. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links does not imply any endorsement of the material on such websites or any association with their operators. These websites and services may have their own privacy notices, which the user will be subject to upon linking to the third party’s website. Nirvana strongly recommends that users review the third party’s terms and conditions and privacy policies.

Information for California Residents

This section supplements the other information in this Notice and applies solely to “consumers” as defined by the California Consumer Privacy Act of 2018, as amended from time to time, and its related regulations (the “CCPA”). Specifically, this Notice applies to our processing activity when we are acting as a “business” under the CCPA—meaning that we control the purposes and means of processing your Personal Information. This section explains Nirvana’s collection, processing, and disclosure of “Personal Information” (as defined by the CCPA) relating to California consumers in their capacities as job applicants of Nirvana.

As defined by the CCPA, “Personal Information” includes any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include information:

• That is lawfully made available from government records.
• That Nirvana has a reasonable basis to believe is lawfully made available to the general public by the consumer or from widely distributed media, or by the consumer.
• Made available by a person to whom the consumer has disclosed the information if the consumer has not restricted the information to a specific audience.
• That is lawfully obtained, truthful information that is a matter of public concern.
• That is deidentified or aggregate consumer information.

Excluded from the CCPA’s scope, personal information is covered by certain sector-specific privacy laws such as the Fair Credit Reporting Act.

Nirvana uses your data for a limited number of business purposes as described in this Notice. 

Your information may be used for any of the following business purposes:

Location of Data

We may transfer, process, and store information you provided in the United States and other countries, some of which may have less protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Privacy Notice and applicable data privacy law.

Sensitive Personal Information

Nirvana does not collect or process “sensitive personal information” (as defined by the CCPA) for the purposes of inferring characteristics about California consumers. For example, Nirvana does not collect or process geolocation information for the purposes of inferring characteristics about California consumers. Accordingly, Nirvana treats any such information as Personal Information consistent with applicable provisions of the CCPA.

Sale or Share of Personal Information

Nirvana has not “sold” any categories of personal information or “shared” any such information for the purposes of cross-context behavioral advertising (as those terms are defined by the CCPA) in the past 12 months. Likewise, Nirvana does not have actual knowledge of any sales or sharing of personal information regarding minors under 16 years of age.

Applicable Retention Periods

Nirvana determines the retention period for each category of Personal Information based on the criteria set forth above in the section titled “Retention of Personal Information.”

How Your Information is Collected

Nirvana may collect the above-identified categories of Personal Information from the following sources:

• Direct collection: We collect information directly from you when you choose to provide it to us by filling out forms, such as the job application forms available through our website, sending us attachments or other communications in connection with the job application process, text messaging our recruiters, interviewing with us, or otherwise directly providing the information to us.

• Third parties: We may collect information about you from third parties who support our human resources and recruiting efforts, including vendors that support our performance of background checks and reference checks, and advertising vendors.

• Indirect and technology-based collection: We also may collect certain information from you indirectly when you use the devices we provide to you or otherwise access our network or websites. Nirvana may collect certain identifiers (such as IP addresses) and internet and similar network activity (such as website usage data) from you indirectly using cookie, pixels, and passive tracking technologies.

Purpose for Collecting or Disclosing Personal Information

We collect or disclose your Personal Information for the following business or commercial purposes (as well as any other purposes described in this Notice):

• Facilitating your job application with Nirvana.
• Communicating with you about your application with Nirvana.
• Evaluating a job applicant and engaging in the hiring process.
• Developing, updating, and improving our job applicant and human resource processes.
• Preventing and detecting fraud, financial crime, hacking activities, security breaches, and other unlawful activities in connection with the website or purchase and use of our services.
• Complying with our legal obligations.

How to Exercise Your Rights

The CCPA provides California residents with the following rights relating to their personal information, subject to certain exceptions:

• Access/Data Portability: the right to request access to the personal information that Nirvana collects, uses, discloses, sells, or shares (including that personal information collected and used in the past 12 months) and the right to request that we provide copies of the specific pieces of personal information we collected about you.

If a verifiable consumer request is made, and subject to any exceptions or limitations under the CCPA, we will take steps to deliver the personal information to you electronically in a portable and readily usable format, to the extent technically feasible. Consistent with the CCPA and our interest in the security of your personal information, we will not provide copies of sensitive personal information we may receive from you (e.g., driver’s license number, other government-issued identification number, financial account number, account password, or security questions or answers) in response to a CCPA request, to the extent any of those items are in our possession.

• Deletion: the right to request that Nirvana delete personal information we have collected from you subject to certain exceptions permissible by the applicable law.

We may retain an archived copy of your records as permitted or required by law.

• Do Not Sell or Share: the right to request that Nirvana opt you out of the sale of your Personal Information, or that Nirvana opt you out of the sharing of your Personal Information for the purposes of cross-context behavioral advertising. Because Nirvana does not engage in this activity with the Personal Information it collects about you as a job applicant, these rights are not available.

• Correction: if we maintain inaccurate Personal Information about you, the right to request that Nirvana correct that inaccurate personal information, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information.

How to Submit a Request

You can submit a request by emailing compliance@nirvanatech.com.

Process for an Access/Data Portability, Deletion or Correction Request

You will be required to provide at least four (4) pieces of information, which may include your name, mailing address, email address and phone number. Nirvana will use this information to search our systems and determine if we have information about you. If we are able to locate information about you, we will fulfill your request. If we are not able to match the 4 pieces of information you submit, we may only be able to provide you with a report that includes the categories of Personal Information we collect, use, or disclose.

A link to your access report will be sent to you by email, which will be sent to the email address you provided at the time you submitted your request.

If you are an authorized agent, you will be required to submit your name, mailing address, email address and phone number as well as the name, mailing address, email address and phone number of the individual you are making a request on behalf of. Nirvana will use the individual’s information to search our systems and determine if we have information about the individual. If we are able to locate the information about the individual, we will fulfill the request. As an authorized agent you will receive an email confirming that we received the request along with a second email asking you to fill out a certification form confirming your information and certifying that you have the right to make this request on behalf of the individual. Once the report is ready, it will be sent to the email address you have given us.

The CCPA requires us to respond to a verifiable consumer request within forty-five (45) days of its receipt; however, we may extend that period by an additional 45 days. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response via e-mail. Any disclosures we provide will only cover the twelve (12)-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. You may only make a verifiable consumer request for access twice within a twelve (12)-month period, provided that you may request disclosure beyond the 12-month period as permitted by the CCPA. We will not charge a fee to process or respond to a verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing the request.

Our Commitment Not to Discriminate

We will not discriminate or retaliate against a job applicant for exercising their rights under the CCPA, including by denying you benefits or services that we make available or providing a different level or quality of services or benefits.

How to Contact Nirvana

If you have questions about this Notice, you can contact us in one of the following ways:

Send an email to: compliance@nirvana.com

Write to:

Nirvana Tech, Inc.

Attn: Compliance Department

201 Spear St, Ste 220

San Francisco, CA 94105

Changes to this Privacy Notice

Nirvana will update this Notice periodically to reflect changes to our privacy practices. We will provide notice online when we make any material changes to this Notice.