Effective: September 8, 2023
Introduction
This notice (“Notice“) describes the categories of personal information (i.e. information about an identified or identifiable individual) that TouchBistro Inc. and its subsidiaries and affiliates (collectively, “TouchBistro“, “we“, “us” and “our“) collects about candidates who apply or are recruited for a job with us (“candidates“), and the purposes for which we use that information.
This Notice does not create or form part of any contract for employment or otherwise.
If you have questions about this Notice, please contact our Privacy Officer at [email protected].
Information we collect about candidates
Categories of personal information
The categories of personal information we may collect and process during the application and recruitment process include:
- Contact information, such as home address, telephone number, and email address;
- Information from job application materials or recruiters, such as your job application, resume or CV, cover letter, writing samples, references, work history, whether you are subject to prior employer obligations, and information that referrers provide about you;
- Professional qualifications, such as licenses, permits, memberships, and certifications;
- Information from the application process, such as any phone-screens, interviews, evaluations and outcomes of recruiting exercises;
- Immigration status and other information that would allow us to verify your employment eligibility at the appropriate time in the recruiting process, as permitted by law;
- Biographical information, such as name, gender, professional history, references, language proficiencies, education details, and information you make publicly available through job search or career networking sites. We collect your date of birth after an offer is made and as part of the background check process;
- Job preferences, such as desired position and compensation, location preferences and willingness to relocate;
- Employment history;
- Background check information, such as information necessary to complete background, credit, drug/alcohol and/or other checks when permitted by law, and information received during these checks;
- Information needed to understand and assess accommodation requests regarding potential disabilities or other health conditions. This discussion would occur only after an offer of employment is made and accepted;
- Medical information if you meet with us in-person, such as health symptoms and other screening information in connection with the TouchBistro’s health and safety plans and protocols, including screening required to access the TouchBistro’s offices/facilities and other measures designed to prevent the transmission of COVID-19 or other infectious diseases; and
- Other information you choose to provide to us.
Providing personal information to us is voluntary. However, if you do not provide sufficient information, we may be unable to consider your application or, if you are hired, your subsequent promotion, transfer or relocation.
In certain cases we may ask you for additional information for purposes of complying with applicable laws. We may also inquire about criminal records. We will do so only where permitted by applicable law.
Sources of personal information
We collect personal information from you when you apply for a job and throughout the job application or recruitment process. We may also collect your personal information from other sources and combine it with the personal information you provide us. For example, we may collect your personal information from:
- Job board websites you may use to apply for a job with us;
- Prior employers that provide us with employment references;
- Professional references that you authorize us to contact;
- Pre-employment screening services, such as background check providers (where permitted by law);
- Employment agencies and recruiters;
- Your educational institutions;
- Publicly-available sources, including your public social media profile or other publicly-available sources;
- Online activity information that we and our service providers collect using server logs, “cookies” and similar technologies on our Careers Site. Please see our Cookie Policy and/or our Privacy Policy at https://www.touchbistro.com/privacy-notice/ for more information.
- Other TouchBistro personnel.
- Recruiting or other events where the TouchBistro is a sponsor or participant.
How we use personal information about candidates
Purposes for which we use personal information
We may use the categories of personal information above for the following purposes:
Recruitment management.
Managing recruitment generally, such as:
- operating the careers website we maintain at www.touchbistro.com/careers/ or any other site to which this Notice is posted (“Careers Site“);
- recruiting, interviewing and evaluating job candidates;
- conducting background checks and other pre-employment screening (where permitted by law);
- analyzing and improving our application and recruitment processes;
- accommodating disabilities or health conditions;
- communicating with you regarding your candidacy, opportunities with the TouchBistro or about the Careers Site and any changes to applicable terms or policies; and
- other business operations.
Compliance, safety and fraud prevention.
- complying with or monitoring compliance with legal and other requirements, such as reporting and equal opportunities monitoring requirements, where applicable;
- complying with internal policies and procedures;
- complying with lawful requests and legal process, such as responding to subpoenas or requests from government authorities;
- protecting our, your or others’ rights, safety and property, including by complying with applicable public health guidelines and requirements;
- investigating and deterring against fraudulent, harmful, unauthorized, unethical or illegal activity, or conduct in violation of our policies or procedures;
- controlling access to and monitoring our physical premises (e.g., by requiring health screenings to access offices/facilities; and
- sharing information with government authorities, law enforcement, courts or private parties where we have a good-faith belief it is necessary for the foregoing purposes.
Analytics.
Creating anonymous, aggregated or de-identified data that we use and share to analyze our application and recruitment activities, business and for other lawful business purposes.
Sharing personal information
We may share your personal information with other parties as necessary for the purposes described above. For example, we may share your personal information with:
- Affiliates. Our affiliated entities (e.g., TouchBistro USA Inc.), for purposes consistent with this Notice or to operate shared infrastructure, systems and technology.
- Our service providers. Companies that provide us with services that help us manage the recruiting process and operate our business, such as job boards, recruiters, interviewing and testing, pre-employment screening, interview travel booking and expense reimbursement (where applicable), relocation (where applicable), and recruitment analytics. Our service providers have entered into contracts with us that limit their use of your personal information to the extent necessary to provide their services to us and that address the safeguarding and use of your personal information in accordance with this policy.
- Government authorities, law enforcement and others. Government authorities, law enforcement, courts, and others as described in the compliance, safety and fraud prevention section above.
- Business transfers. Parties to transactions and potential transactions whereby we sell, transfer or otherwise share some or all of our business or assets, including your personal information, such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.
- Professional advisors. Lawyers, immigration advisors, and other outside professional advisors.
- Your previous employer/organization or reference checks. Your previous or current employer(s) to verify your employment history or your references and organization to verify our affiliations.
- With your consent. We may share your personal information in other ways if you have asked us to do so or have given us consent to do so.
Retention of personal information
We store your personal information for as long as necessary for the purposes outlined in this Notice, including to fulfil our contractual obligations to you, to comply with our legal obligations and where it is in our legitimate interests to do so.
If you are offered and accept a role at TouchBistro, we will retain your personal information in order to manage your employment or contract with us. If your application is not successful (or you withdraw or decline our offer), we will retain your personal information for a period after your application. We retain this information for various reasons, including in case we face a legal challenge in respect of a recruitment decision, to consider you for other current or future jobs at TouchBistro and to help us better understand, analyze and improve our recruitment processes.
Where we maintain personal information because there are technical limitations that prevent deletion, aggregation, or de-identification, we continue to safeguard such personal information in compliance with this Notice and do not use such information other than to store it.
Privacy rights for California candidates
Depending on where you reside and subject to certain legal limitations and exceptions, you may have certain rights related to your personal information as described in more detail below. To exercise any of these rights, please contact us via:
- By email: [email protected]
- By post: Attn: TouchBistro Privacy Officer, TouchBistro Inc., 1100 – 85 Richmond St W, Toronto, ON M5H 2C9 Canada
- By phone: (888) 747-0117
In order to process your request to exercise your rights, we may first verify it using information necessary to complete your request. We may do this by asking you to:
- Provide personal information we can match against information we may have collected from you previously; and
- Confirm your request using the email and/or telephone account stated in the request.
We will not collect additional personal information from you for the sole purpose of your exercising your rights under the data protection laws. Similarly, we will not require you to create an account with us, solely for the purpose of exercising your rights under the data protection laws.
If you are in California, you may authorize another individual or a business registered with the California Secretary of State, called an authorized agent, to make requests on your behalf. We may ask the individual to submit documentation or proof supporting their authority to represent you, and we may ask you to either verify your own identity or confirm that you provided the authorized individual to act on your behalf. Parents of minor children may submit a birth certificate of the child in lieu of an affidavit, in order to make requests on the child’s behalf.
Please see a description of the rights that may be available to you below:
Right to know and access
The right to request information about our collection, use, and disclosure of your personal information, and ask that we provide you with certain information, such as:
- Categories and specific pieces of personal information we have collected about you.
- Categories of sources from which we collect personal information.
- Purposes for collecting personal information.
- Categories of third parties with which we share personal information.
- Categories of personal information disclosed about you for a business purpose.
- If applicable, categories of personal information sold about you and the categories of third parties to which the personal information was sold, by category or categories of personal information for each third party to which the personal information was sold.
To make a verifiable request for information about the personal information we have collected about you, you may reach out to us using the contact information above. We will do our best to assist you without undue delay and within the time required by applicable laws. However, to the extent permitted by applicable laws, we reserve the right to charge a fee or decline requests that are unreasonable or excessive, where providing the personal information would be prohibited by law or could adversely affect the privacy or other rights of another person, or where we are unable to authenticate you as the person to whom the personal information relates.
Right to delete
The right to request that we delete your personal information, subject to certain exceptions.
Right to correct
The right to request that we correct inaccurate personal information that we have collected about you, subject to certain exceptions. Once we receive your request and confirm your identity, we will review your request, taking into account the nature of the personal information and the purposes of the processing of the personal information to see if we can correct the data. We may also request additional information showing that the personal information you want to correct is inaccurate.
Right to non-discrimination
The right to not be treated differently than other persons for exercising your rights regarding your personal information under applicable laws.
Right to opt-out of sale or sharing
The right to opt-out of processing of your personal information for the purpose of (i) targeted advertising, (ii) sale or sharing of personal information, or (iii) profiling to provide you with tailored content, including suggested advertising. However, we do not process your personal information for the purpose of (i) targeted advertising, (ii) selling or sharing your personal information, or (iii) profiling, as those terms are defined under applicable laws.
Right to limit use and disclosure of sensitive personal information
The right to request that we limit our use of your sensitive personal information to that use which is necessary to fulfill the purpose for which it was provided. California law considers the following pieces of personal information to be “sensitive:” social security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, security questions and answers, or unique biometric data. We use sensitive personal information only as necessary to achieve the purposes for which it was collected, as described above.
Right to challenge compliance and file a complaint.
If you have a complaint about our handling of your personal data, you may contact us to file a complaint using the contact information provided above. We request that a complaint be made in writing and we may ask you for additional information to help us respond to your complaint. We will investigate all complaints. If a complaint is found to be justified, we will take appropriate measures, including, if necessary, amending its policies and practices. If you are not satisfied with the results of the investigation or the corrective measures we take, you also may file a complaint with a national or local regulatory agency.
Other information about this Notice
Third parties
This Notice does not address, and we are not responsible for, the practices of any third parties, which have their own rules for how they collect and use your personal information. Our links to third party websites or services are not endorsements.
Changes to this Notice
We reserve the right to change this Notice at any time. The “Effective Date” heading at the top of this Notice indicates when it was last revised. Any changes will become effective when we post the revised notice on our Careers Site.
Your obligations
Among other obligations, including without limitation the obligation to provide complete and accurate information in recruiting documents and processes, it is your responsibility to ensure that information you submit does not violate any third party’s rights.
You should keep your personal information on file with the TouchBistro up to date and inform us of any significant changes to it.