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Job Applicant Privacy Notice

Last Modified: May 20, 2024

This Job Applicant Privacy Notice (“Privacy Notice”) is intended to describe how FloSports, Inc. (“FloSports”, “us”, “we”, “our”) and our affiliates and related companies collect, use, and share Personal Data that job applicants and/or candidates (collectively, “you”, “your”) submit to us and that we collect about you in connection with your job application submission.

This Privacy Notice applies to anyone submitting a job application. This policy does not cover your use of FloSports’ products or services as subscriber or other registered user, of the products and services, or a visitor to our website who has not subscribed to or registered for FloSports’ products and services (for more information, please read our website’s Privacy Policy at https://www.flosports.tv/privacy-policy/) or to any third-party websites and apps that you may use.

We recommend that you read this entire Privacy Notice to ensure you are fully informed about the manner in which we collect, use, store, disclose, or otherwise process your personal information, as well as your privacy rights.

  1. PERSONAL DATA WE COLLECT

For purposes of this Privacy Notice, “Personal Data” means information reasonably relating to an identified or identifiable natural person. As described further below, we may collect certain Personal Data from or about you in connection with your job application, such as your name, address, telephone number, email address, sensitive information, national identifiers, work eligibility, education information, and demographic information.

The following is Personal Data we may collect:

  • Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, or other similar identifiers.
  • Characteristics of protected classifications under California or federal law such a race, color, age, gender identity, gender expression.
  • Date of birth.
  • Professional or employment-related information.
  • Education information.
  • Social media handles, user IDs, and/or username associated with social media accounts.
  • Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding an applicant’s interaction with an Internet Web site, application, or advertisement.
  • Sensitive Data Under CPRA: Race, religion and union membership — an applicant’s racial or ethnic origin, or union membership. We do not use or disclose sensitive personal data for any purpose other than those permitted under the CPRA.
  1. HOW WE USE PERSONAL DATA

Administrative Purposes. To enable us to manage the recruiting and hiring process, including setting up an electronic job applicant HR file; managing your application; conducting assessments; organizing interviews, including arranging or reimbursing for your travel; providing accommodations; responding to requests for assistance with obtaining an immigration visa or work permit (where required); processing interview feedback; on-boarding; conducting background checks and screening; and other related activities. Your Personal Data may also be used to notify you about other FloSports job opportunities. We may process your Personal Data to meet recordkeeping and internal and external reporting responsibilities.

Business Transactions. Subject to applicable law, we reserve the right to transfer some or all Personal Data in our possession to a successor organization in the event of a merger, acquisition, bankruptcy or other sale or transfer of all or a portion of our assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction. If any such transaction occurs, the purchaser will be entitled to use and disclose the Personal Data collected by us in the same manner that we are able to, and the purchaser will assume the rights and obligations regarding Personal Data as described in this Privacy Notice.

Legal Obligations. We may disclose Personal Data to comply with applicable laws and regulations, to respond to a subpoena, search warrant, enforceable lawful requests, or other lawful request for information we receive, or as otherwise pursuant to legal process.

Research and Development. FloSports uses information to improve our application and recruitment process, including improving diversity in recruitment practices.

Social Media Networks. If you apply through a social media or other third-party account (e.g., LinkedIn) (“Social Media Network”), we may collect Personal Data that you have provided to that Social Media Network, such as your user ID and/or user name associated with that Social Media Network, and any information or content you have permitted the Social Media Network to share with us, as well as information you have made public in connection with your Social Media Network account. If you want to control or limit sharing data from Social Media Networks, you should adjust the privacy settings on your Social Media Network account. If you choose to add your social media handle to your public facing profile.

Cookies and Other Tracking Technologies. When you submit a job application or view FloSports advertising outside the job application submission process, we may collect certain Personal Data using cookies and other technologies, such as web beacons, clear GIF, pixels, internet tags device IDs, geolocation from IP addresses and Apps, HTML5 local storage, Flash cookies, and IP addresses (collectively, “tracking technologies”).

To Protect Data Subjects’ Vital Interests. We may also use and disclose Personal Data to establish or exercise our legal rights, to enforce our this Privacy Notice, or agreements with you or third parties, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.

Consent. In some cases where we are not already authorized to process the Personal Data under applicable law, we may ask for your consent to process your Personal Data.

Special Categories of Personal Data. We generally do not collect or require special categories of Personal Data (such as political opinions, religious or philosophical beliefs, trade union membership, health information, biometric data, or sexual orientation) to process a job application. In the event we may need to collect special categories of Personal Data to process the job application, we will obtain your consent as required by law. In certain circumstances, subject to applicable law, we may process or otherwise disclose special categories of Personal Data without your consent, such as to protect the vital interests of you or of another person or to comply with our legal obligations.

  1. WHERE WE COLLECT PERSONAL DATA FROM

Directly from you (e.g., job application, during interviews or job assessments), third parties (e.g., references), third-party sites or platforms, social networks, and third-party services that update or supplement information about you (e.g., recruitment agencies).

  1. WHO WE DISCLOSE PERSONAL DATA TO

Subject to applicable law, including consent, as required, we may disclose Personal Data to:

  • FloSports Personnel. Your Personal Data will be shared within FloSports and its personnel where lawful to do so and for legitimate purposes.
  • We may disclose some or all of your Personal Data to our subsidiaries, joint ventures, and other companies under our common control (collectively, “Affiliates”), for the purposes described in this Privacy Notice. Where we share Personal Data with our Affiliates, we will require our Affiliates to honor this Privacy Notice.
  • Third Parties. We may share your Personal Data with third parties, who may act as controllers in their own right, in other circumstances, including:
    • your employer or organization;
    • HR services providers;
    • insurance organizations;
    • governmental organizations or agencies, including law enforcement;
    • external advisors (such as legal advisors, accountants); and
    • employee benefits providers.
  1. DO-NOT-TRACK

Do-Not-Track is a public-private initiative that has developed a “flag” or signal that an Internet user may activate in the user’s browser software to notify websites that the user does not wish to be “tracked” by third parties as defined by the initiative. The online community has not agreed on what actions, if any, should be taken by the websites that receive the “do not track” signal, and therefore Do-Not-Track is not yet standardized. Please note that FloSports does not alter its behavior or use practices when we receive a Do Not Track signal from your browser.

  1. SOCIAL NETWORK WIDGETS

The job application website may include social network sharing widgets that may provide information to their associated social networks or third parties about your interactions with the job application website, even if you do not click on or otherwise interact with the plug-in or widget. Information may be transmitted from your browser and may include an identifier assigned by the social network or third-party, information about your browser type, operating system, device type, IP address, and the URL of the web page where widget appears. If you use social network tools or visit social networking sites, we encourage you to read their privacy disclosures, to learn what information they collect, use, and share.

  1. LINKS TO OTHER SITES

The job application website may contain links or otherwise provide access to another website, mobile application, or Internet location (collectively “Third-Party Sites”).  Please note that FloSports has no control over and is not responsible for Third-Party Sites, their content, or any goods or services available through the Third-Party Sites. Our Privacy Notice does not apply to Third-Party Sites. We encourage you to read the privacy policies of any Third-Party Site with which you choose to interact.

  1. DATA SUBJECT RIGHTS

Data subjects in the European Economic Area and certain other jurisdictions, including California, may have certain rights under applicable data protection laws, including the right to request confirmation from us as to whether or not we are processing your Personal Data. Where we are processing your Personal Data, subject to applicable law, you may have the right to:

  • Right to Access. You have the right to access your Personal Data which we may collect or retain about you. If requested, we shall provide you with a copy of your Personal Data which we collect as permitted by law. You also have the right to receive your Personal Data in a structured and commonly used format so that it can be transferred to another entity (“data portability”).
  • Right to Know. You have the right to request that we disclose the following about your Personal Data, as defined by law:
    • specific Personal Data we may collect;
    • categories of Personal Data we may collect;
    • categories of sources from which we may collect your Personal Data;
    • business purpose(s) for collecting or sharing your Personal Data;
    • categories of Personal Data we may disclose for business purposes; and
    • categories of third parties to whom we may sell or share your Personal Data.
  • Right To Opt-Out / Do Not Sell/Do Not Share My Personal Information. You have the right to “opt out” of the “sale” or “sharing” of your “personal information” to or with “third parties” (as those terms are defined by applicable law).
  • Right To Request That We Do Not Collect, Share, or Disclose My Sensitive Personal Information. You have the right to limit how your sensitive Personal Data is disclosed or shared with third parties, as defined in the California Consumer Privacy Act (“CCPA”)/California Privacy Rights Act (“CPRA”).
  • Right To Deletion. In certain circumstances, you have the right to request the erasure of your Personal Data. Upon verifying the validity of a deletion request, we will delete your Personal Data from our records, and instruct any service providers or third parties to delete your information, when applicable.
  • Right To Correct/Right To Rectification. In certain circumstances, you have the right to request correction of any inaccurate Personal Data. Upon verifying the validity of a verifiable applicant’s correction request, we will use commercially reasonable efforts to correct your Personal Data as directed, taking into account the nature of the Personal Data and the purposes of maintaining your Personal Data.
  • Access and Opt Out of Automated Decision Making Including Profiling.
  • Request restriction of processing.You have the right to request that we restrict processing of your Personal Data in certain circumstances, such as where you believe that the Personal Data we hold about you is inaccurate or our processing is unlawful.
  • Object to Processing.In certain circumstances, you may have the right to opt out of data processing or request that we stop processing your Personal Data, such as a request to stop sending you direct marketing communications. To opt-out of direct marketing communications, please see the instructions in the “Withdrawing Your Consent” section of this Privacy Notice.
  • Data Portability.In certain circumstances, you may have the right to receive the Personal Data concerning you that you provided to us or to request that we transmit your Personal Data to another data controller.
  • Lodge a Complaint. You have the right to lodge a complaint with a supervisory authority.

Please note that the above rights are not absolute, and we may be entitled to refuse requests, wholly or partly, where exceptions under applicable law apply.

  1. EXERCISING YOUR RIGHTS

You can exercise any of your rights as described in this Privacy Notice and under applicable privacy laws by using the contact information provided in this Privacy Notice. We will not discriminate against you for exercising such rights. Except as described in this Privacy Notice or provided for under applicable privacy laws, there is no charge to exercise your legal rights.

To exercise your rights, you may go here or contact us at privacy@flosports.tv. As permitted by law, certain data elements may not be subject to access, modification, portability, restriction, and/or deletion. Where permissible, we may charge for this service. We will respond to reasonable requests as soon as practicable and as required by law. To protect your privacy and security, we may take steps to verify your identity in order to respond to your request.

If you are a California resident, you may submit a request to opt out of the sale of your personal information. You may do this by clicking this link: “Do Not Sell/Share My Personal Information” or sending an email to privacy@flosports.tv with the subject line “do not sell info.”  Please not that we do not sell job applicant personal information for monetary consideration. However, if you submit an application online, transferring your personal information to vendors of tracking technologies as described above may constitute a “sale” or “sharing” under California law. California residents may also use an authorized agent to submit a request to opt out on your behalf if you provide the authorized agent signed written permission to do so.  Authorized agents may submit requests to opt out by visiting here.

  1. WITHDRAWING YOUR CONSENT 

In most cases, we need to process certain of your Personal Data in order to complete the job application process and for our legitimate interests. Where the basis of processing is legitimate interests, you have a right to object to the processing of your Personal Data. Please note that, subject to applicable law, we may continue to process your Personal Data even where you object if there are compelling legitimate grounds for processing that override your interests and rights, or where processing is necessary to establish, exercise, or defend legal claims.

Where consent is the basis of processing, you may at any time withdraw the consent you provided for the processing of your Personal Data for the purposes set forth in this Privacy Notice by contacting us at privacy@flosports.tv, provided that we are not required by applicable law or professional standards to retain such information.

Please note that if you withdraw your consent or object to processing, or if you choose not to provide certain Personal Data, we may be unable to process your job application.

  1. TRANSFER OF DATA

Please note that if you are submitting a job application from within or outside of the United States, your information may be transferred to, stored, and/or processed in the United States or Europe. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. If you are located outside of the United States, the transfer of Personal Data is necessary to process your job application and/or to perform any requested transaction. Wherever your personal information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your personal information. These steps may include implementing standard contractual clauses where recognized by law, obtaining your consent, or other lawful means of transferring personal information. By submitting a job application, you acknowledge and consent to the transfer of your information to facilities that may be located in the United States and Europe.

  1. DATA RETENTION

We will generally retain your Personal Data for as long as is necessary to fulfill the purpose for which it is processed, or for a longer period as may be required or permitted by applicable law. We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

  1. SECURITY

We implement technical and organizational security measures designed to secure and protect Personal Data. Please note, however, we cannot fully eliminate security risks associated with the storage and transmission of Personal Data.

  1. UPDATES TO THIS PRIVACY NOTICE

We may update this Privacy Notice from time to time.  The most recent version of the Privacy Notice is reflected by the version date located at the top of this Privacy Notice. We encourage you to review this Privacy Notice often to stay informed of how we may process your information.

  1. CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at privacy@flosports.tv or by mail using the details provided below:

301 Congress Ave.

Suite 1500

Austin, TX 78701