Applicant Privacy Notice
Effective Date: January 1, 2023
Purpose and Scope
Thank you for your interest in Latch. Latch Systems, Inc. (“Latch”) values job applicants and is committed to protecting your privacy. This Applicant Privacy Notice (“Privacy Notice”) describes how Latch handles personal information obtained from and about job applicants during the application and recruitment process. It applies to personal information submitted directly by you, as well as by third-party agencies and recruiters on your behalf.
The terms “Latch,” “we,” “us”, and “our” include Latch and its affiliates and subsidiaries. The terms “applicant” or “you” include individuals who are interested in applying or who are actively applying for a job (as an employee) or a contract position (as a contractor). This Privacy Notice explains the categories of information we may collect, how we may use and share that information, and any rights you may have under local laws with respect to your personal information.
We will only process your personal information in accordance with this Privacy Notice unless required by applicable law. We take steps to ensure that the personal information we collect about you is relevant, accurate, proportional, and processed for specified purposes.
Compliance with Local Laws
This Privacy Notice is a general guide on how Latch processes its job applicants’ personal information. Job applicants should be aware that data protection and privacy laws can vary in different jurisdictions where Latch conducts recruiting and hiring activities. Latch’s policy is to comply with applicable laws. Where applicable laws are stricter than the general practices described in this Privacy Notice, Latch has adopted privacy practices specific to those locations to satisfy those stricter requirements.
If you are a job applicant based in California, please see our Notice for California Job Applicants below.
If you are a job applicant based outside of the United States, please see our Notice for Non-U.S. Job Applicants below.
Personal Information We Collect
For purposes of this Privacy Notice, “personal information” means any information that identifies or is reasonably capable of being associated with an individual collected in connection with the recruitment process. Latch collects personal information directly from applicants and from third parties about applicants whose information is provided in connection with their application for employment. The types of personal information we collect will vary depending on the role you apply for, your location, the job location, and the conditions attached to the role (if any). Most of this information we collect directly from you. We also collect information about you from third parties, primarily background check providers, references you provided, and information contained in any widely distributed media (e.g., LinkedIn).
Initial stages of recruitment
At the initial stages of recruitment, we may collect and further process the following types of personal information about you.
- Information contained in your application form, resume, cover letter, including your name, title, contact details, employment history, experience, skills, education, qualifications, and training, language abilities, references’ names and contact details, and anything else you choose to include.
- Publicly available information about you, such as your business social media presence (including any photographs of you posted to such site(s)).
- Selection and consideration information, including correspondence, interview notes, impressions, and opinions about you, internal notes, the results of any selection tests, and any notes from recruitment agencies.
- Equal opportunities monitoring information, which could include information about your race or ethnicity, religious beliefs, sexual orientation, health, or disabilities. We only use this information to monitor equality of opportunity and diversity in our recruitment process.
- Information relevant to any request by you for accommodations to the recruitment process, as a result of an underlying medical condition or disability. We may use this information to enable us to carry out a fair, non-discriminatory recruitment process by considering and making reasonable adjustments to our process, as appropriate.
- Any additional personal details that you otherwise voluntarily provide to us.
Conditional offer of employment or contract stage
If you receive a conditional offer of employment or contract, we may collect and further process the following additional types of personal information about you:
- Background check information, including references and verification of qualifications, financial information, including criminal records information (as permissible under local law).
- Right to work checks and related documents.
- Information about your physical or mental health that you have brought to our attention. We use this information to assess whether you are fit to do the job with adjustments, to consider/arrange suitable adjustments and to comply with health and safety requirements.
- Any additional personal details that you otherwise voluntarily provide to us.
Post-acceptance of offer stage
If you accept your offer of employment or contract and begin your employment or contract with Latch, we will collect and further process additional personal information about you, including your date of birth, passport, driver’s license, Social Security number, and/or other government-issued identification number, emergency contact and beneficiary information, and other personal information, as described in “Latch’s Employee and Contractor Privacy Notice” that will be made available to you at the start of your employment or contract.
How We Use Your Information
We process personal information identified in Section 3 above for the purposes listed below.
- To assess your suitability, aptitude, skills, qualifications, and interests for employment or contract work with Latch.
- To communicate with you about the application process, your application, and your candidacy.
- To assist you with obtaining an immigration visa or work permit (where required and requested by you and agreed by Latch).
- To comply with our legal obligations (for example, conducting immigration and right to work checks).
- To pursue our legitimate interests as a company (for example, evaluating applicants’ performance in interviews, carrying out background checks to verify your identity, qualifications, and experience).
- To take steps, at your request, prior to entering into an employment or contractual relationship with you.
- If your application is unsuccessful, unless you instruct us otherwise, Latch may keep your personal information on file for the purposes of assessing your suitability for future employment or contract opportunities for which you may be suited.
- Where it is necessary for the establishment, exercise, or defense of legal claims.
- With your consent, to the extent to the extent Latch is required to request your consent for the processing of your personal information and you choose to provide such consent. If Latch requests your consent to process your personal information, you may withdraw your consent at any time after giving it by contacting us using the details in the Contact Us section below.
How We Share Your Information
Latch takes care to allow your personal information to be accessed only by those who need to know to perform their tasks and duties, and by third parties who have a legitimate business purpose to access your personal information. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to keep that personal information confidential and not use it for any purpose except preforming the contract. We may share your personal information as described in this Privacy Notice to the following categories of third parties.
- Service Providers. We may share your personal information with our service providers to assist us with scheduling your interviews, making your travel arrangements (if necessary), conducting background and references checks, and as otherwise described in the Privacy Notice.
- Affiliates and Subsidiaries. Latch may share personal information with our affiliates and subsidiaries, or their or our successors or assigns, for our and our affiliates’ and subsidiaries’ internal business purposes.
- Disclosures to Protect Us or Others. We may access, preserve, and disclose your personal information, if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours’, ours’ or others’ rights, property, or safety; (iv) to enforce Latch policies or contracts; (v) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vi) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
- Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another entity, then your information may be transferred as part of such a transaction as permitted by law and/or contract.
Data Retention
Latch retains applicant personal Information we receive as described in this Privacy Notice for as long as necessary to fulfill the purpose(s) for which it was collected, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes (including to consider you for future work if your application is unsuccessful), enforce our agreements, and comply with applicable laws.
Data Security
Latch has implemented appropriate physical, technical, and organizational security measures designed to secure your personal information against accidental loss and unauthorized access, use, alteration, or disclosure. In addition, we limit access to personal information to those employees, agents, contractors, and other third parties that have a legitimate business need for such access.
Notice for California Job Applicants
California has created a common privacy framework for organizations that covers job applicants known as the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CPRA”). Latch is using that framework here to describe, for each category of personal information under the CPRA, whether Latch collects that personal information, or shares or discloses it for a business purposes related to your candidacy for employment at or provision of services to Latch. Latch does not sell your personal information. Any personal information that Latch holds may also be used to comply with applicable law.
| Category | Collected By Latch | Purpose | Disclosures to Third Parties |
|---|---|---|---|
| Identifiers | YES This information is collected from you as part of your job application, except that Latch ID and other Latch-assigned identifiers are collected from Latch systems | To administer and assess your candidacy for employment at or provision of services to Latch | Latch discloses this information to its service providers, including providers of interview and travel services |
| Protected classification characteristics under California or federal law | YES This information is collected from you as part of your job application or application to provide contractual services to Latch | To comply with legal requirements; to evaluate and improve Latch’s diversity and inclusion efforts | Latch may disclose this information to service providers engaged for the purposes of advising on legal compliance |
| Commercial information | YES This information is collected from you when you request reimbursement | To provide you the expense reimbursements you have requested | Latch discloses this information to its service providers (e.g., TripActions) |
| Biometric information | NO | N/A | N/A |
| Internet or other similar network activity | YES This information is collected from your device when connected to Latch’s system or network | To administer access to Latch’s systems and to detect and prevent network vulnerabilities | N/A |
| Geolocation data | NO | N/A | N/A |
| Sensory data | NO | N/A | N/A |
| Professional or employment- related information | YES This data is collected directly from you and from others (e.g., your references) | To evaluate your eligibility for employment or contract | N/A |
| Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) | NO | N/A | N/A |
| Inferences drawn from other personal information | YES This information is collected from you and from others, including Latch employees and contractors who participate in your interviews and evaluation of your candidacy | To evaluate your candidacy for employment or contract | N/A |
Your California Individual Privacy Rights
CPRA provides California residents with specific rights regarding their personal information. Below we describe your CPRA privacy rights and explain how to exercise those rights.
- Be informed about, access specific pieces, and obtain your personal information. You have the right to request that we disclose certain information to you about our collection and use of your personal information going back to January 1, 2022, including the categories of personal information we collected about you, the categories of sources for the personal information we collected about you, our business or commercial purpose for collecting or selling that personal information, the categories of third parties with whom we share that personal information, and the specific pieces of personal information we collected about you (also called a data portability request). You also have the right to know about any sale of your personal information; however, Latch does not sell your personal information within the meaning of the CPRA.
- Correct your personal information. You have the right to correct your personal information that is inaccurate. Before we can take action on such request, you will be required to provide records showing accurate information.
- Have your personal information erased. You have the right to request that we delete any of your personal information that we collected from you or about you. This right is subject to various exceptions. For example, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) to complete the transaction for which we collected the personal information, provide a good or service you requested, detect security incidents, enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us, comply with a legal obligation (including where we are required to maintain information for a period of time under our retention policy or for legal hold purposes), or make other internal and lawful uses of that information that are compatible with the context in which you provided it.
- Opt out of sale or sharing of your personal information. You have the right to opt out of sales of your personal information or sharing of your personal information with third parties for cross-content behavioral advertising. However, Latch does not sell or share your personal information within the meaning of the CPRA.
- Limit use and disclosure of sensitive personal information. You have the right to request that we limit our use of your sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services. However, Latch does not use your sensitive personal information for any other purposes.
- Not be subject to discrimination or retaliation for exercising your individual privacy rights. Latch does not and will not discriminate against job applicants for exercising their individual privacy rights.
Exercising Your California Privacy Rights
To exercise any of the rights described above, please submit a written verifiable consumer request to us by using the contact details under the Contact Us heading below. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must (1) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and (2) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
Once we verify your identity through our identity-verification process, we will deliver our written response to the email address from which you sent us a request.
Unless you specify otherwise in your request, any disclosures we provide will only cover the period from January 1, 2022 forward, as required by the CPRA. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your 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 your request.
Notice for Non-U.S. Job Applicants
We value privacy rights of all our job applicants, including those who live and work outside of the United States. We process data of our non-U.S. job applicants as is described in this Privacy Notice. Additionally, certain jurisdictions outside of the United States may provide you with specific privacy rights under applicable data protection or privacy law with respect your personal data. We are committed to complying with applicable local laws. Depending on your local law you may have the right to:
- be informed about your personal data;
- access your personal data;
- correct any personal data that is inaccurate;
- have your personal data erased;
- restrict or suppress the processing of your personal data;
- obtain and reuse your personal data;
- object to the processing of your personal data;
- object to how your personal data is used in automated decision making, if applicable; and
- lodge a complaint with a supervisory authority.
These rights may be limited, for example, if fulfilling your request would reveal personal data about another individual, or if you ask us to delete personal data which we are required by law to keep or which we need to defend claims against us.
To exercise any of these rights, please contact us by using the contact details under the Contact Us heading below.
We will respond to such requests in accordance with the requirements of applicable data protection and privacy laws. Please note that in order to fulfil your request, we may need you to provide certain personal data to verify your identity. Depending upon applicable data protection and privacy law, you may also designate an authorized agent to exercise these rights on your behalf.
Changes To Our Privacy Notice and Practices
This Privacy Notice will be updated at least once every twelve (12) months to reflect any changes in our business, legal, or regulatory obligations. We will publish any updates to this Privacy Notice on www.latch.com prior to or at the time of the change becoming effective. We ask that you review the Applicant Privacy Notice periodically to stay informed about any updates or changes that we may have made. You can see when this Privacy Notice was last updated by checking the “Effective Date” displayed at the top of this Privacy Notice.
Contact Us
If you have any questions about our privacy practices or this Privacy Notice, please contact Latch by email at peopleops@latch.com
