Candidate Policy | Optimax Eyewear

CANDIDATES PRIVACY NOTICE

Last Updated: June 29, 2023

This Job Candidate Privacy Notice (“Notice”) describes what personal information we, Optimax Investment Ltd., together with our affiliates and subsidiaries (including Glasses USA, Inc., Optimax Eyewear, Inc., Glasses California, Inc., GlassesUSA Fulfillment Center, Inc, GlassesUSA Retail, Inc and United Vision Plans, Inc.), (collectively “Optimax”, “we” or “us”) collect and process on our job candidates and applicants (“Candidates”, “you” or “your”) during the recruitment process and thereafter, if applicable. As a global company, this Notice applies to Candidates in the US and Israel and is subject to applicable data protection laws, including the Israeli Protection of Privacy Law 5741-1981 (“IPPL”), and the California Consumer Privacy Act of 2018 as revised and amended by the California Privacy Rights Act of 2020 (“CCPA”, and collectively “Data Protection Laws”).

This Notice applies to the processing, sharing and storing of Personal Information during, or after, the hiring process, and is in addition to, and does not replace the Privacy Policy governing the use of the website. Please note, you are not obliged by law to provide us Personal Information. However, we must obtain certain types of Personal Information to process and examine your job application. In addition, if following the recruitment process a Candidate is hired by Optimax, the Personal Information collected through the course of recruitment will be subject to Optimax internal privacy policies, as provided to its employees.

Optimax is considered as the "database owner" or “business” (or as otherwise defined by applicable Data Protection Laws) of the Personal Information collected from Candidates. This means that we are responsible for deciding how we hold and use Personal Information about you (as shall be described herein), as well as to implement applicable measures in order to secure your Personal Information we store, and where applicable, enable you to exercise your rights.It is important that you read this Notice, together with any other notices that might be provided on specific occasions when we are collecting Personal Information about you, so that you are aware of how and why we are collecting and using such Personal Information. For any questions or concerns you might have regarding your Personal Information please contact us at: Privacy.HR@glassesusa.com

1. THE TYPES OF PERSONAL INFORMATION WE COLLECT AND THE PURPOSE

“Personal Information” refer to information that identify, relate to, or could reasonably be linked with an individual by reasonable means. Personal Information may further include types of information defined under applicable Data Protection Laws as “Sensitive Personal Information” such as social security number, racial or ethnic origin, health related information, personal status, professional qualifications, etc. This policy also include personal information governed under the Fair Credit Reporting Act (“FCRA”).

We will collect, store, and use various types and categories of Personal Information about Candidates, which may further include Sensitive Personal Information. Those categories are detailed in the table below. Please note that the specific categories or types of Personal Information collected may vary depending on the position and legal requirements.

This table represents the Personal Information collected by Optimax:

CATEGORIES AND TYPES OF PERSONAL INFORMATION

PURPOSE OF COLLECTION AND USE

Personal identification information: such as full name, date of birth, and government-issued identification number (e.g., ID, SSN, passport number).
Contact information: such as email address, phone number, and address.
Employment history: such as previous employers, job titles, dates of employment, responsibilities, achievements, etc.
Education and qualifications: such as information on educational institutions attendance and dates, degrees or certifications obtained, fields of study, etc.
Skills, abilities, and expertise: such as information related to the Candidate's relevant competencies, skills, language proficiency, and any other expertise that may be pertinent to the position being applied for.
Assessment results: information gathered from tests, interviews, or assessments conducted during the recruitment process to evaluate the Candidate's suitability for the role.
Background check information: information obtained through background checks, such as, subject to applicable laws, credit checks, criminal records and verification of employment and education history.
Eligibility to work: information regarding the Candidate's legal right to work in the relevant country, such as citizenship or visa status.
Communication and internal records: such as correspondence, and records of phone calls or other interactions between the Candidate and Optimax during the recruitment process.
Any additional information voluntarily included by the Candidate in its resume (CV), and supporting documents submitted by the Candidate.
Equal opportunity data: information provided voluntary by the Candidate related to gender, race, ethnicity, national origin, disability and medical or health condition, veteran or military status or other protected characteristics for the purpose of monitoring equal opportunity policies and practices (please see further details below).

Job Application evaluation: to assess the Candidate's qualifications, skills, and suitability for the position applied for, and to identify potential matches with other open positions within Optimax.
Communication: to facilitate our correspondence with the Candidate during the recruitment process, including scheduling interviews, providing updates, and addressing inquiries.
Verification and reference checks: to verify the accuracy of the information provided by the Candidate, including employment history, education, and professional references, as well as conducting background checks where necessary.
Compliance with legal requirements: to ensure adherence to relevant employment laws, regulations, and industry standards.
Eligibility to work: to confirm the Candidate's legal right to work in the relevant country and comply with immigration requirements, if applicable.
Decision-making and selection: to facilitate the decision-making process, compare Candidates, and ultimately select the most suitable individual for the position.
Record-keeping and documentation: to maintain a record of the recruitment process, including Candidate evaluations, assessments, and decisions, which may be used for future reference or to address potential disputes or legal claims.
Administration and performance of human resources related duties, obligations and procedures.
Continuous improvement: to analyze and refine our recruitment strategies, practices, and processes.
Equal opportunity monitoring: Optimax is committed to equal opportunity in the workplace. We do not discriminate. We may ask for information on the ethnic origin, gender, and disability of a Candidate for the purpose of monitoring equal opportunity and ensuring Optimax diversity and inclusion as required and permitted under applicable laws.
Record-keeping and documentation: to maintain a record of the recruitment process, which may be used for internal and external reporting responsibilities (e.g., legal and regulatory requirements), future reference or to address potential disputes or legal claims.

We may further use and retain all types of Personal Information we collect for the purpose of complying with any legal and regulatory requirements, or, where we deem required, for legal defense from any future claim, or for other legitimate purposes as permitted under applicable law.

2. CATEGORIES OF SOURCES OF PERSONAL INFORMATION

We typically collect Personal Information about Candidates, as follows:

Personal Information that you directly provide - this includes information you share when you submit your application; and
Information provided by third parties –recruitment agencies, background check services (as applicable and subject to applicable law), or your references former employers, etc.

3. WITH WHOM WE SHARE YOUR PERSONAL INFORMATION

We share your Personal Information with third parties, including within our corporate group and with our employees, contractors, consultants and service providers that help us with our business operation as well as administration and performance of human resources related duties, obligations and procedures, including where needed to establish, manage or terminate your employment or other engagement with Optimax. We take applicable measures to ensure your Personal Information will be accessed only by those who really need to in order to perform their tasks and duties, and to third parties who need such access in order to provide their services as required by Optimax and in accordance with our instructions.

Below you can find information about the categories of such third-party recipients.

CATEGORY OF RECIPIENT	PURPOSE OF SHARING
Optimax Company Group (including our subsidiaries)	We may share Personal Information within our company group to allow us to manage our recruitment process as a global group at the organizational level, and for human resources management. This will include information shared with third party including by way of merger, acquisition or purchase of all or part of its assets, your personal data may be shared with the parties involved in such event.
Contractors and Service Providers	We may disclose Personal Information to our trusted agents and service providers (including, for example, human resources agencies, recruitment management SaaS providers, cloud providers, legal counsels, external auditors, payroll service providers, etc.). We share your Personal Information with such third parties so that they can perform the requested services on our behalf. These entities are prohibited from using your Personal Information for any purposes other than providing us with requested services.
Governmental agencies, or authorized third parties	In the event of legal and law enforcement we may disclose certain Personal Information, such as in response to verified requests relating to criminal investigations or alleged illegal activity, or any activity that may expose us, you, or any other third party to legal liability, and solely to the extent necessary to comply with such purpose.

We may further share Personal Information where and to the extent needed to protect you, or third parties; enforce our policies and agreements or defend our rights, including the investigation of potential violations, alleged illegal activity, or addressing fraud or security issues; as well as in response to disputes, claims, demands, or legal proceedings involving you and us or any third party as required to defend our legitimate interests and as permitted under law. In addition, we may disclose Personal Information to third parties, in the event you request us to do so. In such event, the provision of your Personal Information will be subject to such third parties' policies and practices only.

We will not “sell” nor “share” your Personal Information (as such terms are defined under the CCPA) with third parties for their marketing purposes, or for other advertising purposes.

4. WHERE DO WE STORE THE CANDIDATE DATA?

Due to our global operation, your Personal Information may need to be processed or accessed in countries other than your jurisdiction, including, for example, when shared or accessed by our service providers or other affiliates. This may include transfer of Personal Information to the State of Israel, or to the US.

Optimax only transfers Personal Information to another country, including within its corporate group, in accordance with applicable Data Protection Laws. We take appropriate measures to ensure that your Personal Information receives an adequate level of protection, including by using contractual obligations or other data transfer mechanisms that were per-approved by applicable data protection authorities to ensure your Personal Information is protected.

5. INFORMATION SECURITY

We take great care in implementing and maintaining the security of your Personal Information. We employ industry standard procedures and policies to ensure the safety of Personal Information and prevent unauthorized disclosure or use of any such. In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have the “need to know”. They will only process your Personal Information on our instructions. We have implemented technical, physical and administrative security measures to protect the Personal Information we collect and store, including procedures to detect and manage suspected or actual security breach.

Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse our systems and network, and will not always be able to prevent such access. Subject to applicable laws requirements, we will notify you and the appropriate authorities in the event that we discover a security incident or breach related to your Personal Information.

6. DATA RETENTION

In general, we will only retain your Personal Information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, administrative, record keeping or reporting requirements.

The criteria used by us to determine the retention periods are as follows:

The type of Personal Information and purpose of collection – we consider the scope, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means. If and where we no longer have a legal justification for retaining Personal Information, we will delete it or de-identify it so it can no longer be associated with you by reasonable means.
Compliance with our legal obligations – we are required to retain certain types of Personal Information in order to comply with our obligations under applicable laws. In addition, we may retain certain types of Personal Information in the event we are required to do so subject to a binding legal request or a court order.
Dispute, claims and legal proceedings – if you have a dispute with us, we may retain certain types of Personal Information as necessary and applicable to your claims, including any legal proceedings between you and us, until such dispute was resolved, and following, if we find it necessary, in accordance with applicable statutory limitation periods. In addition, in the event you request to exercise your rights, we will maintain the applicable correspondence for as long as needed to demonstrate compliance, and usually in accordance with applicable statutory limitation periods.

We may further retain your Personal Information where you were not hired, to allow us to reconsider your application for alternative or future positions at Optimax, and where required under applicable Data Protection Laws, we will obtain your consent. In addition, we may retain limited Personal Information as a reference for any future applications submitted. Where required by law, or where we are able to, we will seek your consent for retaining your Personal Information.

7. YOUR RIGHTS RELATED TO YOUR PERSONAL INFORMATION AND HOW TO EXERCISE THEM

Under certain circumstances, depending on your residence, and subject to applicable Data Protection Laws and the exceptions under such law, you may have the following principal rights related to your Personal Information:

The right to know what Personal Information we collect about you, the purpose of collection, with whom we share your Personal Information, and additional information such as the categories of sources from which the Personal Information is collected – as provided under this Candidates Privacy Notice;
The right to request access and inspect your Personal Information. This right entitles you to receive a copy of certain Personal Information we hold about you;
The right to correct inaccurate Personal Information. This right entitles you to have any incomplete or inaccurate Personal Information we hold about you corrected;
The right to request deletion of Personal Information. This right entitles you to request us to delete Personal Information where there is no good reason for us to continue processing it (as permitted under applicable Data Protection Laws) or when, for example, the information is not inaccurate;
The right to request the transfer of your Personal Information to another party (commonly known as "data portability");
Exercise your privacy rights without receiving discriminatory treatment by Optimax.

Authorized Agents

“Authorized Agents” may request on your behalf. Usually, we will accept requests from qualified third parties on behalf of Candidates, regardless of either the Candidate or the authorized agent’s state of residence, provided that the third party successfully completes the following qualification procedures:

When a Candidate uses an authorized agent to submit a request to know or a request to delete, we may require that the Candidate do the following:
- Provide the authorized agent signed permission to do so or power of attorney.
- Verify their own identity directly with us.
- Directly confirm to us that they provided the authorized agent permission to submit the request.
We may deny a request from an authorized agent that does not submit proof that they have been authorized by the Candidate to act on their behalf.

How to Exercise Your Rights

If you wish to exercise your rights, please contact us at: Privacy.HR@glassesusa.com

We sometimes need to request specific information from you to help us confirm your identity and ensure the requested rights apply to you. This is another appropriate security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it.

Upon receipt of your completed request, we will process it and respond within the timelines required under applicable Data Protection Laws. If additional information is necessary, we will contact you. Information provided in connection with such request will be processed only for the purpose of processing and responding to your request, and it may be shared with our legal and administrative teams.

8. AMENDMENTS

We reserve the right to periodically revise this Candidates Privacy Notice, which will have immediate effect upon posting of the revised Candidates Privacy Notice on our website. The last revision date will be reflected in the “Last Updated” heading at the top of the Candidates Privacy Notice. We will make a reasonable effort to provide a notice if we implement any changes that substantially change our privacy practices or your rights. We recommend you review this Candidates Privacy Notice periodically to ensure that you understand our privacy practices and to check for any amendments.