Legal
Smartsheet Candidate Privacy Notice
Last Updated: December 29, 2020
This notice applies with respect to personal data we collect from applicants for employment, internships, and independent contracting opportunities via our application forms, website, referrals, or other recruitment channels. We are ‘data collectors’ of your personal information for purposes of processing your candidacy. We are responsible for deciding how we hold and use your personal information as a candidate for a position with Smartsheet.
International Transfers and Privacy Shield Notice
Personal Data We Collect
From You
Using third party service providers, acting on our behalf, we may collect the following types of information directly from you.
- Identification and contact details. This includes information such as your name, address, email address, phone number, and other contact information, as well as your gender, date of birth, nationality or nationalities, and national identifiers (for example, national ID, passport, or social security number).
- Employment history. This includes information about your previous employers and job titles.
- Background information. This includes information like your academic and professional qualifications, education, details included in your CV or résumé (some of which could include details about memberships or interests that reveal sensitive personal information about you), transcripts, and employment references.
- Reference information. This includes information about your professional references that you share with us (including their name, contact information, and job title, though it is your responsibility to get your references’ consent to share their personal information with us), information we receive from background checks (when we have them completed for a role), and information provided by other third parties.
- Previous applications and roles with us. This includes information about any prior applications you may have made for a position with us or any previous employment history with us.
- Your immigration or visa status. This includes information that would let us know if you are authorized or able to become authorized to work for one of our group companies.
- Other information you voluntarily provide. This includes information that you may provide throughout the recruitment process, including, for example, through assessment exercises and interviews.
If you fail to provide personal information requested by us which we consider to be necessary for us to consider your application, we may not be able to move forward with your recruitment process.
Unless permitted and necessary or required by law, there are certain types of information that we generally try to avoid collecting. For example, information that reveals race or ethnicity; religious, political or philosophical beliefs, or trade union membership; genetic or biometric data; information concerning your health/sex life; or criminal convictions or offenses ("Sensitive Personal Data"). We may collect some Sensitive Personal Data from you for legitimate recruitment and employment-related purposes, including meeting compliance obligations; providing accommodations for disabilities; equal opportunity monitoring; for anti-discrimination purposes; and to satisfy reporting obligations. In some countries and for some roles, we may need to conduct criminal background checks, but only where this is required or permitted by applicable laws. Separately, you may choose to voluntarily disclose Sensitive Personal Data during the recruitment process. If required by law, we will request your consent if we collect Sensitive Personal Data. In any case, any Sensitive Personal Data will be treated in strictest confidence and used only for the purposes of assessing your eligibility for employment or specific job duties with us.
From Third Parties
We may gather Personal Data about you from third parties, including:
- Professional references
- Background info provided or confirmed by academic institutions and training or certification providers
- Background checking agencies and other external database holders
- Recruitment or executive search agencies
- Publicly available sources, including social media such as LinkedIn or other information available online (as part of this, we may contact any mutual connections that are evident from publicly available information)
Automatically
We automatically gather personal data from our Site’s “Careers” page. The Careers page is available for you to visit and search for open positions. For more details about the personal data we collect through our Sites, please see our Cookie Notice.
How We Use Personal Data
We rely on certain legal bases for the processing of personal data we collect under this notice. This includes our reliance on the principle that the processing is necessary for the purpose of the legitimate business interests. Where we rely on a legitimate business interest to process such information, we use the personal information in furtherance of legitimate business interests that include:
Registering Office Visitors. To register visitors to our offices and to manage non-disclosure agreements that visitors may be required to sign, to protect Smartsheet’s offices and confidential information against unauthorized access.
Protect Legal Rights and Prevent or Address Misconduct. To protect Smartsheet employees and other individuals; prevent unauthorized access to Smartsheet; and where we believe necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, or situations involving potential threats to the safety of any person.
Comply with Legal Obligations. To comply with the law or legal proceedings; for example, we may disclose information in response to lawful requests by public authorities, including responding to national security or law enforcement disclosure requirements and providing information as required to comply with obligations of Smartsheet as a federal contractor.
Assessing Your Skills. To assess your skills, qualifications, and suitability for the role which you have applied for, the role you are being considered for, or other relevant roles that are open or will be open in the future that might fit your skillset.
Communicate with You. To communicate with you about the recruiting process, your candidacy for the position you applied for, respond to your enquiries and requests, and, if appropriate, about other potential positions or opportunities with us (including our affiliates).
Improving the Recruitment Process. To operate, evaluate, and improve the recruitment system, our application tracking, and recruitment activities, including but not limited to analyzing our hiring practices or trends; identifying qualification or skill shortages; and using information to match candidates and potential opportunities.
General Business Operations. Where necessary to the administration of our general business, accounting, recordkeeping, employment, and legal functions.
Special Note Regarding European Union Applicants. For personal data from the European Union that we process, the relevant legal bases for such processing under the General Data Protection Regulation ((EU) 2016/679) (and local implementing laws of EU member states) include: (i) our legitimate business interests*; (ii) with your consent; (iii) compliance with law; and (iv) to establish, defend, or protect our legal interests. These bases do not limit or modify the obligations, rights, and requirements under the privacy laws of non-EU jurisdictions.
- *For personal data from the EU, the processing is in our legitimate interests, which are not overridden by your interests and fundamental rights. Marketing to EU data subjects is done only with opt-in consent.
How We Share Personal Data
To Our Service Providers. We use third party service providers to process your personal data to assist us in business and technical operations. Smartsheet has data processing agreements with such service providers limiting their use of and access to personal data to specific purposes. They provide services relating, but not limited to performing services on our behalf and only in accordance with our instructions, or to comply with legal requirements. For internship opportunities we may also use a third party service provider to facilitate and manage the relationship between you and Smartsheet.
To Affiliates. We may share your personal data with our affiliates for employment opportunities, positions, and for purposes otherwise described in this Privacy Notice.
As Required by Law. We release information about you if we believe we must do so to comply with the law or a subpoena, bankruptcy proceeding, or similar legal process. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. For internship opportunities we may also be required to share your personal information with relevant educational entities to comply with applicable law (including labor laws) and regulations.
To Protect Rights. We may disclose information about you, such as your name and contact information, to enforce our agreements with you or to protect the rights and safety of Smartsheet, our customers and users, and the general public, or as evidence in litigation in which we are involved.
In a Business Transaction. If Smartsheet is involved in a merger, acquisition, or sale of all or a portion of its assets, your information may be transferred to the acquiring entity as part of the transaction (provided that we inform the buyer it must use your personal data only for the purposes disclosed in this notice), and may also be reviewed as part of the due diligence review for the transaction (e.g.,we may need to provide a list of all customer accounts and payment histories). We may also disclose your personal information we collect and receive about you to providers, advisors, accountants, attorneys, and other third parties worldwide to the extent reasonably necessary to proceed with the negotiation or completion of a merger, acquisition, financing, public offering of securities, reorganization, or sale of all or a portion of our assets.