We make our Services available to different types of users. As discussed further below, the information that the Services collect from and share about a user may depend on the user type. An individual may be one or more of these types of users depending on the nature of his or her interactions with our Services.
You can visit the Website and use some of the other Services without providing any information, including Personal Data. However, if you choose not to provide Personal Data, we may not be able to provide you with access to, or use of, some of the Services. As described below, we do automatically collect certain information when you use the Services. The Services also require you to provide Personal Data when you register as a Member, Author, or Employer.
Information from Members, Authors and Employers When You Create an Account. We collect data from you when you create a Cluster account, request information, subscribe for a service, participate in a survey, post a rating or review, post a question or answer, post a resume, complete an Cluster Assessment, upload content or otherwise actively send us data on our Site. This may include, but is not limited to, your user name, password, first and last name, email address, telephone number (including mobile phone number), street address, gender, occupation, interests, messages you send to users, and any other data included in a submitted profile or resume, including but not limited to application materials and answers to screener questions submitted to Employers through Cluster and answers you give to any questionnaires sent to you, which you answer.
We collect various types of Personal Data about Members in connection with the Services, including but not limited to:
We collect various types of Personal Data about Authors, including but not limited to:
We may ask for additional information about Authors in order to determine whether they are a good fit for the Services. Information may be requested through such means as applications, telephone screenings, and reference checks. Cluster makes some of the Author information identified above available to Members and/or the public for the purpose of providing the Services.
INFORMATION ABOUT EMPLOYERS. If you are an Employer, Cluster may request that you provide certain Personal Data to Cluster in order to verify your account We collect various types of Personal Data about Employers, including but not limited to:
Cluster may make certain of the Employer information identified above available to Members and/or the public for the purpose of providing the Services.
The information listed directly above will be used for internal purposes only, subject to any request by law enforcement or a court order. In connection with chargeable services, we will also collect payment information (e.g., the last four digits of credit card numbers and related verification information). Please note that Cluster uses a Third-Party payment processors and does does not store full credit card numbers.
In addition, as part of the standard operation of the Site, Cluster may collect and analyze information from your computer or mobile device and actions taken on the Site, including, but not limited to, your resume, your searches on Cluster, the titles of jobs you search, click on or apply to, where those jobs are located, salary interest or experience, the general salary range or experience level of the jobs you view (where indicated), your activity time on the Site and each page, page views, clicks, taps, session activity, browser type, operating system, type of device, MAC address, IP address and the domain name from which you accessed the Site.
Social media information. You may choose to log in to the Website or other Services using a third-party social media service, such as LinkedIn. If you do so, we may collect Personal Data from the social media provider, including, for example, your username, email address, and available profile information, such as your public profile URL, profile photo, connections, industry, and location, as well as other information associated with your social media account. We will ask for your consent prior to your logging in to the Website using your social media account or connecting your social media account to the Website. If you provide such consent, you represent and warrant that you satisfy the terms regarding such accounts and have the authority to provide us with information about your social media connections.
SURVEYS. From time to time, we may ask our users to participate in surveys, contests, promotions, and sweepstakes which may be used to collect Personal Data. Participation is completely voluntary and declining to participate will not impact your use of the Services
PAYMENT INFORMATION. We collect certain payment and billing information when you purchase paid Services. You might also provide payment information, such as payment card details, which we collect via secure payment processing services we use to manage credit card processing and we do not store it on our servers.
Information When Using Automated and Manual Phone Screening
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
We may use information, including Personal Data, for a variety of purposes, as described below.
Storage of Your Information.
What Personal Data is Required.
Cluster will indicate to you at the point of provision as to whether or not particular Personal Data provided by you is required in order to provide particular Cluster services or features to you. Where Personal Data that is required is not provided by you then the particular feature or service may not be available to you.
Cluster collects and processes your Personal Data on the basis of different legal grounds, depending on the nature of the Personal Data being provided and the type of processing involved. More information is provided on this here.
PERFORMANCE OF A CONTRACT. Most of the Personal Data processed by Cluster is performed on the basis that it is necessary for the performance of our agreement with you, or in order to take steps at the request of the user prior to entering such an agreement. An example of this would be where Cluster matches Members with Employers.
LEGITIMATE INTEREST. A second ground relied upon by Cluster for other types of processing of your Personal Data is that it is necessary for the purposes of legitimate interests pursued by Cluster. Such legitimate interests will include where Cluster sends you marketing about our products and services, where we believe you have a reasonable expectation that we will perform a particular type of processing on your behalf, or where such processing is strictly necessary for fraud detection and prevention. Cluster will only rely on such a ground where an assessment has been performed balancing the interests and rights involved and the necessity of the processing in order to provide our services, products and features to you.
COMPLIANCE WITH LEGAL OBLIGATIONS. A third ground relied upon for certain types of processing is that it is necessary in order to allow Cluster comply with a legal obligation. An example of this would be where Cluster is required to retain business records for fixed periods of time in order to comply with local legal requirements..
OTHER INFORMATION COLLECTED AUTOMATICALLY THROUGH OUR SITES AND SERVICES. When you visit the Site or use our Services, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
– “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.” When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.
We may partner with certain third parties to collect, analyze, and use some of the Personal Data described above. For example, we may allow third parties to set cookies or use pixel tags on the Services or in email communications from Cluster. This information may be used for a variety of purposes, including analytics and targeted advertising, as described below.
We may use the order information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
Personal Data. We use the Personal Data that we collect about users, including Members, Authors, and Employers, to:
1) provide our services, products and features to you, to help Members find jobs and Employers find qualified candidates;
2) to measure and improve those services, products and features; and
3) to protect our users and provide them with customer support.
More detail on these purposes, uses and disclosures of your information is set out below.
Creating an Account, Sending You Job Alerts and Other Promotional Materials
If and to the extent permitted by applicable law, Cluster may use your contact information to (i) create an account; (ii) send you job alerts; and (iii) send you information about Cluster, including promotional materials. Cluster may use third-party partners to perform these activities on Cluster’s behalf.
A job alert is defined as an email sent to you that you sign up for containing Job Listings in response to a search query you have run (“Job Alert”). Job Alerts may also include jobs that Cluster recommends for you, Cluster Targeted Ads, companies you may be interested in following, or other actions you may want to take on the Site.
Giving You Relevant Search Results and Recommended Jobs
In order to optimize our services, products and features for you, Cluster may use your previous search and browsing history (e.g. the jobs you click on), or application materials and answers to screener questions, to identify you and determine relevant search results and provide you with recommended jobs or reach out to you about jobs you may be interested in. We may also use demographic and/or profile data to tailor your experience on the Site, to show you content that Cluster thinks you may be interested in, and display content according to your preferences. Cluster may return different results for the same search query and has full discretion with respect to the job listings it presents in response to any particular search.
Your Contact Information
When you give Cluster contact information (such as your name and email address) and other forms of Personal and Non-Personal Data, you agree that Cluster may utilize this information for the purposes outlined to the extent applicable. In particular, you agree that Cluster may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your Cluster account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Cluster or that Cluster may otherwise obtain from third-party resources.
Your Resume Information
Your information, including Personal Data, gets placed on the Site when you upload or edit a resume. Cluster reserves the right to charge third parties a fee for accessing your information, including Personal Data, as part of Cluster’s services. At your direction, Cluster may also send your resume to third parties we determine you match with as a job candidate.
Resumes are available to anyone with access to Cluster’s resume search application or candidate matching, in order to increase the visibility of that resume and help Cluster find you a job. Where this occurs, you make your resume, your name and other Personal Data that you place on your resume available to third parties. Those third parties may be interested in you as an employee, and may forward your resume to other third parties.
If you post a resume, this may be crawled by, and displayed through search engines when someone searches for your name. This means that third parties can view the Personal Data contained in your resume and you may receive unsolicited contact from parties unaffiliated with Cluster and for whom Cluster has no responsibility. If you post a public resume on Cluster, please note that although Cluster expressly prohibits the scraping of its Site any resume you post publicly is public information and the content may be copied by a third party in violation of these terms.
Matching Members With Employers
You acknowledge that Cluster may determine whether the words of your resume or any other individuals’ resume match the words of certain job descriptions, and vice versa, in order to improve the Site or any other Cluster product or service (including by displaying or otherwise making available potentially relevant job descriptions and resumes to Members and Employers).
If you have an Cluster account or an Cluster-hosted resume, you agree that Cluster may contact you or suggest you or your public resume to Employers that might be interested in a person who matches your behavior on Cluster.
In addition, if you are located in the United States, Cluster may share all of the aforementioned information about yourself with recruiters working for or on behalf of Employers.
Sending Messages on Cluster
Cluster provides two-way message proxy and relay services to the users of our Cluster products. By utilizing this Cluster relay function, you acknowledge that you are asking Cluster to send these messages on your behalf. This includes your resumes, cover letters, applications, messages, questionnaire answers, responses, offer letters and other materials.
We monitor, review, store and analyze such content, including via automated means, for data analysis, quality control, and to improve the Site or any other Cluster product or service. Examples of such improvements would be optimizing our search results, improving Job matching, provide you with personally relevant product features, and preventing fraud and spam.
Sending You Text Messages About Employer Appointments
Cluster may offer you the opportunity to receive a text message from Cluster when an Employer has scheduled an interview or event with you or responded to your application via Cluster’s email relay. In such an event you will enter your phone number on the Cluster consent form and by entering your phone number you are representing and confirming it is your number and you have the right to accept text messages at the number. Cluster will only send you a text message reminder for such interviews or messages through Cluster’s email relay, and you agree to accept such text messages on your cell phone including messages sent by automated telephone dialing system. To unsubscribe at any time, reply to the text with STOP or contact Cluster Customer Support.
If you provide credit, debit or other payment card and related details to us in order to make a payment, Cluster will use such information only for the purpose of processing the payment (e.g., the last four digits of credit card numbers and related verification information). Any credit card and related billing and payment information that you provide to Cluster may be shared by Cluster with companies who work on Cluster’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Cluster and servicing your account.
Automated Processing of Your Personal Data
In order to optimize the performance of the Cluster Site and services for users, Cluster performs automated processing of Personal Data evaluating certain specific aspects relating to a user, in particular to analyze or predict aspects concerning a user’s personal preferences or interests in terms of Cluster’s Site and services. Where it occurs, such processing is carried if it is necessary for the performance of our agreement with our users, to allow Cluster to provide its services to Members and Employers, or in other cases on the basis of a user’s consent.
We may share information with third parties, including Personal Data, for a variety of purposes, as described below.
Finally, we may also share your Personal Data to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Data to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
TRANSFER OF INFORMATION TO THIRD PARTIES
Transfers to Employers
Employers agree to comply with all their responsibilities under applicable data protection rules with respect to the collection, processing and storage of Personal Data, as well as providing adequate protection of all data subject rights provided for under all applicable data protection rules.
Transfers to Service Providers and Vendors
We may use third parties to perform services in connection with our operations, to improve the Site and our services, products, and features, to protect our users and better understand their needs, and to optimize the services and the users’ experiences. These third parties may include (but are not limited to) service providers and vendors.
Cluster may also share any credit card and related billing and payment information that you provide to Cluster with companies who work on Cluster’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Cluster and servicing your account. Examples of those vendors include: Stripe.
Transfers to Cloud Service Providers
Please also be aware that we may also use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be nonnegotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of any information, including Personal Data, by these companies.
Transfers of Publicly Available Information
When users post content on Cluster in a manner that is intended to make that content publicly available and searchable by individuals, Cluster reserves the right to aggregate and share that information with third parties. For example, if an Employer posts a job on Cluster, Cluster may share that job posting or information contained within that job posting with third parties, at Cluster’s discretion and subject to agreement between Cluster and any such third parties. Cluster also reserves the right to share information aggregated from public sources in this capacity.
Other users of the Services. We may share information, including Personal Data, with other users of the Services where appropriate. For example, if you submit information to us or complete an application, we may share that information with an Employer who will then review and evaluate your application.
Business partners. We also may share your information, including Personal Data, with our business partners to fulfill your requests for the Services; complete a transaction that you initiate; or meet the terms of any agreement that you have with us or our business partners. For example, at a Member’s direction, we may share the Member’s contact information and resume directly with a third-party employer rather than through the Website.
Legal purposes. We also may use or share your information, including Personal Data, with third parties when we believe, in our sole discretion, that doing so is necessary:
De-identified or aggregated information. We also may compile and share de-identified or aggregated information about users of the Services, such as by publishing a report on trends in the usage of the Services or sharing aggregated information about historical and real-time trends in employment. We also may share de-identified or aggregated information about the numbers, types, or origins of users who submit job applications on the sites of our business partners or who click on our business partners’ links on the Services (such as a job posting or article).
When you place an order through the Site and/or Services, we will maintain your Order Information for our records unless and until you ask us to delete this information.
For users that register on our website, we also store the Personal Data they provide in their user profile. All users can see, edit, or delete their Personal Data at any time (except they cannot change their username). Website administrators can also see and edit that information.
ACCESS TO INFORMATION.
Depending on your location and where applicable law requires, you may have the following choices with respect to your Personal Data:
If you want to learn more about the Personal Data that Cluster has about you, or you would like to exercise your choices regarding your Personal Data, including updating or changing that information, please contact us by email at email@example.com
Please note that due to technical reasons there will likely be a delay in accessing or deleting your Personal Data from our systems if you request it. We also will retain Personal Data in order to comply with the law, protect our and others’ rights, resolve disputes or enforce our legal terms or policies, to the extent permitted under applicable law.
OPTING OUT OF RECEIVING MARKETING EMAILS.
If you no longer want to receive marketing materials from us based upon your Personal Data, going forward, you may opt out of receiving such marketing related messages by clicking unsubscribe (or an equivalent action) where applicable, or by sending an email to privacy @clusterinc.com (remove spaces when sending email) with the subject line “marketing email opt-out”. Please note that we may still send other messages to you, such as administrative messages. We will comply with your request as soon as reasonably practicable, and in accordance with applicable laws.
Cluster users that provide their Personal Data in the EU, and those that provide their Personal Data in any other jurisdictions that adopt laws affording equivalent protections to those in the EU, may avail of the rights detailed below.
THE RIGHT TO RECTIFY YOUR PERSONAL DATA. Cluster users are able to edit and update most of their Personal Data held by Cluster on the Site, and if you have any queries or complaints we encourage you to contact us here. Alternatively, if you do not wish to do this you may make a formal request to have Cluster rectify any inaccurate Personal Data on your behalf by sending an email to privacy @ Clusterinc.com from the email address associated with your account.
THE RIGHT TO OBJECT OR TO RESTRICT THE PROCESSING OF YORU PERSONAL DATA. If you have any queries or complaints about how we process your Personal Data we encourage you to contact us here. Alternatively, if you do not wish to do this you may make a formal request to object to, or restrict, processing of your Personal Data by Cluster. In order to do so please send an email to privacy@Clusterinc.com from the email address associated with your account.
THE RIGHTS TO ACCESS AND PORTABILITY OF PERSONAL DATA. Cluster users are able to access most of their Personal Data held by Cluster on the Site, and if you have any queries or complaints we encourage you to contact us here.
Alternatively, if you do not wish to do this you may make a formal request to access your Personal Data held by Cluster. In order to do so, please send an email to privacy @ Clusterinc.com from the email address associated with your account, and paste the following sentence in your email: “I am requesting to access my personal data.” Cluster will provide your Personal Data to you in a portable format to allow it to be transmitted to third parties.
THE RIGHT TO DELETE YOUR PERSONAL DATA. Cluster users are able to edit and update most of their Personal Data held by Cluster on the Site, and if you have any queries or complaints we encourage you to contact us here.
Alternatively, if you do not wish to do this, you may make a formal request delete your Personal Data held by Cluster. In order to do so, please email to privacy @ Clusterinc.com from the email address associated with your account, and paste the following sentence in your email: “I am requesting to delete my personal data.” Once your request has been confirmed, Cluster will initiate the necessary steps to execute this exercise, including the deletion of your Cluster account. Where the deletion request relates to Personal Data that you previously requested be made public on Cluster (e.g. a Member posting a public resume), we will make reasonable efforts to inform any other controllers of this request.
PLEASE NOTE: by requesting the deletion of your Personal Data, you will no longer be able to create an account with Cluster using the same email address. If you simply wish to close your account, please click the “close my account” button in your account page.
SOME LIMITATIONS. Such rights of rectification, objection, restriction, access, portability and deletion are subject to certain limitations, as provided for by applicable laws. Individual requests will be completed within the time allotted by relevant regulations, which starts to run from the point of Cluster confirming your request. Where permitted, please note there may be a charge for subsequent requests from the same individual, which will be determined by Cluster and only imposed to the extent permitted by applicable law.
WHERE A MEMBER WANTS TO CLOSE A MEMBER ACCOUNT. When a Member closes an account, the Member will no longer have access to any of the data we make available under that account name, including but not limited to, search history, job preferences, saved jobs, jobs the Member has applied to, job alerts, resume, and any other data associated with the account. If the Member uses the same email address to set up a new account, this data from a previous account will not become available to the Member again. Please also note that closing your Member account may result in you losing access to all Cluster services.
Cluster reserves the right to keep any materials in a closed account as necessary to preserve and protect its rights to the extent permitted by law (for example, to preserve records of a dispute) or to comply with its obligations under local law (for example, if requested to retain by law enforcement). A closed account does not mean that all of the data is expunged from the Cluster systems, although it will not be readily available under the Member’s original account name. When the Member presses the close account button on the dashboard, Cluster will begin to process that instruction within 24 hours and will have completed the operation within 60 days.
WHERE AN EMPLOYER WANTS TO CLOSE AN EMPLOYER ACCOUNT. Employers may close an account at any time by contacting Cluster Customer Support. Please note that Cluster must preserve business records pertaining to that account to comply with its obligations under law.
We do not knowingly collect, and we ask that you not send us, and you not disclose, any sensitive Personal Data on or through the Services. Such information includes, but is not limited to, social security numbers, financial account information (except for payment information as required), and information related to or revealing racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background, or trade union membership.
Cluster seeks to use reasonable security measures to help protect against the loss, misuse and alteration of the Personal Data under Cluster’s control. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. In addition, please note that emails, messages sent via your web browser, and other similar means of communication with other users, are not encrypted. Therefore, while we strive to protect your information, we cannot guarantee its security.
Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be nonnegotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of any information, including Personal Data, by these companies.
LINKS TO THIRD-PARTY WEBSITES, AND APPS
The Site may make available links to other websites. When you click on such links, you may leave our Site. The Site may also make available Company Pages, which may contain information provided by third-party Employers.
WE ARE NOT RESPONSIBLE FOR THE INFORMATION COLLECTION, USE, DISCLOSURE OR OTHER PRIVACY PRACTICES OF ANY THIRD PARTY, INCLUDING OUR AFFILIATES, THIRD-PARTY SERVICE PROVIDERS, ANY EMPLOYERS (INCLUDING ANY EMPLOYER THAT PROVIDES A COMPANY PAGE), ANY THIRD-PARTY SOCIAL MEDIA PLATFORM, ANY THIRD PARTY MAKING AVAILABLE THE DEVICES OR OPERATING SYSTEMS FOR WHICH THE SITE IS AVAILABLE, AND ANY THIRD PARTY OPERATING ANY WEBSITE TO WHICH THE SITE CONTAINS A LINK. YOU MAY HAVE RIGHTS DIRECTLY ENFORCEABLE AGAINST THESE THIRD PARTIES SO YOU SHOULD CONSIDER THEIR PRIVACY POLICIES TO LEARN MORE.
INTERNATIONAL USERS TRANSFER OF INFORMATION TO THE UNITED STATES
If you are a European resident, you have the right to access Personal Data we hold about you and to ask that your Personal Data be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
MINORS AND MINIMUM AGE OF USERS
We do not knowingly collect or solicit information from anyone under the age of 16 through the Site or Service. The Site is not for use by anyone under the age of 16. To use the Site you agree that you must be the minimum age (described in this paragraph below) or older.
The minimum age for these purposes shall be 16, however if local laws require that you must be older in order for Cluster to lawfully provide the services in the Site to you then that older age shall apply as the applicable minimum age. If you are under the age of 18 or the age of majority in your jurisdiction, you must use Cluster under the supervision of your parent, legal guardian or responsible adult. Cluster adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements.
In the event that we learn that we have inadvertently collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 16, please contact us at firstname.lastname@example.org.
QUESTIONS AND FEEDBACK
If you wish to provide feedback or if you have questions or concerns, or wish to exercise your rights related to your personal data, please contact Consumer Services or our Privacy Office at:
Cluster Technologies Inc.,
10866 Washington Blvd, #1281
Culver City, CA, 90232, United States.
You may also send us an email at email@example.com
If you contact us with a privacy complaint it will be assessed with the aim of resolving the issue in a timely and effective manner.