Data Privacy Policy

Last updated:

November 13, 2024

This is the Data Privacy Policy of www.webbtree.com (“Website”) which is operated by White Crow Research Private Limited (“Webbtree / We / Our / Us”). We are committed to protecting the personal information collected about or provided by You by using and accessing the website. We have designed the Data Privacy Policy along with the Addenda and Notices (this “Policy”) to explain how Webbtree stores, collects, manages and uses personal information in connection with Our Services (defined below).

This Policy applies to: (i) the hiring company/ staffing agency (“Employer”) or their designated employees (“Employer Representatives”) who are subscribing on the Website with the intent to search for appropriate talents across the internet to suit their requirements; and (ii) the qualified talent identified by Us across the internet or through Our third party Data Brokers (“Potential Candidates”).

The Website has integrated with Our talent portal ‘talent.whitecrow.co’ (“Talent Portal”) for effectively providing the Services, wherein We receive PII (defined below) about Actual Candidates who access or sign in on Talent Portal with the intent to seek job opportunities (“Actual Candidates”). If you are an Actual Candidate then you may exercise your rights including accessing/correcting or deleting your PII (defined below) as per the data privacy policy available on www.whitecrow.co.

Any reference to “You/Your” in this policy means an Employer Representative, Potential Candidate or Actual Candidate as applicable.

The capitalized terms shall have the same meaning assigned to them under the Terms and Conditions provided on the Website unless otherwise defined herein.

In this Policy, the term “Agreement” shall mean the Terms and Conditions, the Service Level Agreement and the Subscription Form available on the Website and any other agreements or writings signed by or agreed to on behalf of the Employer by the Employer Representative using and accessing the Website. By using, accessing / signing-up or commencing a subscription to the Services, the Employer Representative agrees (i) to comply with the terms of the Agreement on behalf of the Employer and (ii) that We may collect, use and disclose their information in accordance with this Policy.

We provide services pursuant to a “software-as-a-service” (i.e. “SaaS”) delivery model. This is primarily a ‘sourcing and talent pipelining tool together with an applicant tracking system.’ Employers can discover potential talent by using the applicable software components (the “Software”) to access Our database through the Website. For the purpose of availing the Services, the Employer Representatives will enter into and execute a subscription form, subscribing to the Services on the Website (“Subscription Form”) on behalf of the Employer. Accordingly, during the Term / Subscription Term / Trial Subscription Term, as the case may be, and subject to the provisions of the Agreement, We grant the Employer a non-exclusive, non-transferable, limited, time-bounded, license (non-sub licensable) to access and use the SaaS services and/or Services (defined as below) via internet. The access to the database through the Website and the use of the SaaS Services may only be used in support of the Employer’s operational requirements as disclosed to Us.

‘Webbtree’s AI engine’ is a network of knowledge that stores data on jobs, skills, companies, industries, people, places and more. This enables Us to provide a platform to identify the right talent and maximize the scope of search for talents through the Website. By providing the Services, We grant access to the database through the Website which aids in sourcing, pipelining and tracking public profiles to identify and locate appropriate talent from across the internet. The data of Actual Candidates who have accessed or signed-up on the Talent Portal of WhiteCrow is also listed on the Website. The Employer Representatives shall select their desired criteria and a list of options shall be available to them. To further ease the process, the Employer Representatives shall be free to filter the potential talents / candidates who are qualified to be a desired candidate for the Employer. In addition to the ‘sourcing and talent pipelining tool’, the component of ‘applicant tracking system’ of the Service, will aid the Employer to better manage their internal hiring process with automation, collaboration and other tools upon gaining access to the database and use of SaaS (“Services”).

This Policy describes the treatment of information provided, collected or retained by Us. Further, if You have any questions about this Policy or if You wish that We should not use Your information, You should not hesitate to contact Our team:

Privacy inquiries: support@webbtree.com
Security inquiries: support@webbtree.com

If you are a person residing in California, Colorado, Connecticut, Utah, Virginia, the United Kingdom or the European Union, please see our CCPA Addendum, Colorado, Connecticut, Utah & Virginia Addendum, or UK-GDPR/GDPR Addendum, as the case may be, that supplement this Data Privacy Policy.

If you are a person residing in Canada, please refer to our Canada Data Privacy Notice, which supplements this Policy and if you are a person residing in Philippines, please refer to our Philippines Data Privacy Notice which supplements this Policy.

PERSONALLY IDENTIFIABLE INFORMATION
1. Personal Information is information that others can use to identify, locate or contact You, including but not limited to, Your name, email address, postal address and phone numbers (collectively “Personally Identifiable Information” or “PII”). The specific type of information which We collect for each type of data subject is set out below.
2. In relation to Employer Representatives:
  - ‘Identity Data’ such as name of the Employer entity, name of the Employer Representative, Employer entity’s website, social media profiles, username, alias, postal address, unique personal identifier, online identifier, ‘Internet Protocol’ address (“IP Address”), email address, account name, and if provided by Employer Representative at their discretion, the information pertaining to (i) the social security number, (ii) driver’s license number, and (iii) passport number, or other similar identifiers.
  - ‘Contact Data’ such as physical address, email address, social media address, telephone number and any other contact information that Employer Representative provides to Us.
  - ‘Transaction Data’ such as details about payments to and from Employer Representative and details regarding the subscribed Services through the Website.
  - ‘Technical Data’ such as device IDs, Employer Representative’s login data, access dates and times, browser type and version, device information, ‘Cookie data’, time zone setting, browser plug-in types and versions, platform and other technology on the devices Employer Representatives use to access the Website.
  - ‘Profile Data’ such as Employer Representative’s username and password, searches made by Employer Representative, preferences, user-generated content, feedback and survey responses.
  - ‘Usage Data’ such as information about how Employer Representative uses the Website and the Services.
  - Similar networking activities such as Employer Representative’s browsing history, search history, information on Employer Representative’s interaction with a website, application or advertisement.
3. In relation to Actual Candidates:
  
  The Actual Candidates may have provided the following listed PII on the Talent Portal in connection to the services provided by WhiteCrow. The Website collects only the following information from Talent Portal about the Actual Candidates to provide the Services:
  - ‘Personal Data’ such as their gender, nationality and place of residence.
  - ‘Contact Data’ such as physical address, email address, social media address, telephone number and any other contact information they provide to WhiteCrow.
  - ‘Professional Data’ such as qualification, training and certifications, professional skills and experience, language skills.
  - ‘Employment Data’ such as current/recent role, including job title, department, reporting line, responsibilities, salary, benefits and notice periods.
4. In relation to Potential Candidates:
  - ‘Identity Data’ such as name of the candidate, social media profiles, username, alias, postal address, unique personal identifier, online identifier, ‘Internet Protocol’ address (“IP Address”), email address.
  - ‘Contact Data’ such as physical address, email address, social media address, telephone number and any other contact information provided by the Data Brokers regarding the Potential Candidates.
  - ‘Personal Data’ such as age, gender and country of residence.
  - ‘Professional Data’ including qualifications, training and certifications, professional skills and experience, language skills.
  - ‘Employment Data’, such as current/recent role, including job title, department, reporting line, responsibilities, salary, benefits and notice periods.
  In addition to the PII listed above, the Website may also collect from the Employer Representative:
  - Generic geographic location, such as the city in which the Employer Representatives are located;
  - Operating System; and
  - IP Address.
  The abovementioned list of PII collected by Us is non-exhaustive and may or may not include other information of similar nature as may be required by Us from time to time.
COLLECTION OF INFORMATION

In relation to Employer Representatives:
1. We, throughout the Term / Subscription Term / Trial Subscription Term, as the case may be, collect the PII that the Employer Representative provides during their usage of the Services. For example, the Employer Representative may provide Us with information upon registering on the Website on behalf of their Employer, by submitting the Subscription Form and making payment of the subscription fees through the link provided on the Website.
2. We may collect geo-location services on devices used to access or use the Services at any time, through the Employer Representative’s device settings, if enabled. We may use that information to customize interactions using location-based information and features.
3. In some cases, We may assign an identification number to an Employer Representative (“ID Number”). The ID Number may be linked with PII only for the purposes of providing the Services or for internal reporting purposes.
4. We may collect different types of personal and other information based on the Employer Representative’s use of Our Services and Our business relationship with the Employer, including contact information, billing information, equipment, performance, Website usage, viewing and other technical information about the Employer Representative’s use of Our network, Services or Website. Such information may be collected when (i) the Employer Representative provides information to Us to subscribe to the Services or interact with Us; (ii) collected automatically when the Employer Representative visits the Website or uses Our Services; or (iii) We obtain it from other sources, such as the local registry of companies or, if the Employer is a self-employed sole trader, credit agencies.
5. We may collect/store the Employer Representative’s calls and SMSs and content thereof, received or initiated using the Services, including but not limited to, details of the phone numbers that relate to the Employer Representative’s account, IVR content and call recordings and information which it may automatically receive and record on its server logs from the Employer Representative’s internet browser, including but not limited to, the Employer Representative’s IP Address, Cookie information and details of the web pages that the Employer Representative may access. In order to register/subscribe on the Website and effectively use the Services, the Employer Representative is required to share this information.
6. To continue to provide the Employer with updates about the Services, We collect and control information about: (i) the way the Employer Representative uses and interacts with Our Services; and (ii) the Employer Representative’s PII as shared with Us upon subscription. Such collection and controlling of the information aids to improve Our Services and further build and recommend new services and customized features. Subject to the permissible extent stipulated under this Policy, as stated in this Section 2.11, We also engage in the collection of the Employer Representative’s PII for business development purposes. We adhere to appropriate security measures when processing the Employer Representative’s PII for such purposes.
7. Our intention in collecting the Employer Representative’s PII is to provide the Employer Representative with the best customer experience possible by communicating with the Employer Representative regarding Service updates, offers and promotions, delivering advertising (subject to Section 6 of this Policy) that may be of interest to the Employer Representative, addressing network and security issues, investigating or taking action regarding illegal activities or violations of Our terms of use or other policies, as may be laid out on the Website from time to time.
8. We may also collect certain types of information automatically from the Employer Representative, including through the use of Cookies, web beacons and other similar tracking technologies. These tracking technologies allow Us to personalize Employer Representative’s experience with the Services and keep track of certain online behaviour in order to help Us determine the things that Employer Representatives may find most interesting. For further information, please refer to our Cookie Policy.
In relation to Actual Candidates:
- The Website collects PII of the Actual Candidates who have signed in and provided their PII on the Talent Portal. Such PII is integrated with the Website to provide the Services and help match the appropriate talent to the Employer.
- We may also supplement the PII of the Actual Candidates with the data available on public sources, or with the data obtained through Data Brokers with whom WhiteCrow has entered into valid contracts. If requested by an Actual Candidate, We will provide details of the specific Data Broker from which We have received their PII
In case of Potential Candidates:
- We collect the PII of the Potential Candidates directly through the publicly available sources and through third party data brokers who legally sell or provide data they have collected (“Data Brokers”). We have entered into valid contracts with such Data Brokers. If requested by a Potential Candidate, We will provide details of the specific Data Broker from which We have received their PII.
For the avoidance of doubt, the elements of the Actual Candidate’s or Potential Candidate’s data relating to age, ethnicity, gender, etc., whether directly compiled or implied, is made with the purposes of inclusion and not to create any bias or discrimination of any nature whatsoever. Any such information is provided to Employers on the basis that they will use the relevant data in a non-discriminatory manner. We are not responsible for any misuse of such data by an Employer or Employer Representative.

We are not engaged in scraping data from other websites and we comply with anti-scraping policies and such similar terms of third party websites.
HOW WE USE INFORMATION

In relation to the Employer Representatives:
1. We use the PII collected about the Employer Representative throughout the Term / Subscription Term / Trial Subscription Term, as the case may be, in the following manner:
  - When the Employer subscribes to Our Services, We will send administrative or account-related information to keep them updated about the Services, inform them of relevant security issues or updates or provide other transaction-related information. We process the Employer Representative’s contact information to send them such communications. Service-related communications are not promotional in nature and the Employer Representative will not be able to unsubscribe from such communications or they may miss important developments relating to their account or the Services.
  - To respond to the Employer Representative’s inquiries and provide customer service: We process the PII of the Employer Representative when they contact Us through the Website, such as with questions, concerns, feedback, disputes or issues. Without the PII of the Employer Representative, We through the Website cannot respond to the Employer Representative or ensure the continued use of the Services.
  - To enforce Our terms, agreements or policies: We process the PII of the Employer Representative to actively monitor, investigate, prevent and mitigate any alleged or actual prohibited, illicit or illegal activities in relation to Our Services; investigate, event, or mitigate violations of Our terms, agreements or policies; enforce Our agreements with third party service providers and partners; and as applicable, collect fees for the Employer’s subscription to Our Services. We cannot perform the Services in accordance with Our terms, agreements or policies without processing the PII of the Employer Representative for such purposes.
  - To ensure the security of the Services: We are committed in ensuring the safety and continued use of Our Services by the Employer. To do so, We process the PII to: (i) combat spam, malware, malicious activities or security risks; (ii) improve and enforce Our security measures; and (iii) to monitor and verify the Employer Representative’s identity so that unauthorized users do not access the Employer Representative’s account with the Website. We cannot ensure the security of Our Services if We do not process the Employer Representative’s PII for security purposes.
  - To maintain legal and regulatory compliance: Certain laws or regulations apply to Our Services that may require Us to process the Employer Representative’s PII. For example, We may process the Employer Representative’s PII to fulfil Our business obligations as necessary and to manage risk as required, under applicable laws. Without processing the Employer Representatives’ PII for such purposes, We cannot perform the Services in accordance with Our legal and regulatory requirements.
  - To personalize Employer Representative’s experience of the Services, We provide Employer Representative with third-party services, plugins and many other options. By personalizing the Services, Our Services are enhanced through keeping track of the Employer Representative’s preferences (e.g., language selection, time zone, etc.) and connecting their favorite third-party services to Our Services. Without processing the Employer Representatives PII for such purposes, the Employer Representatives may not be able to access or personalize part or all of Our Services.
  - In addition to the above, We may use PII to:
    - Operate, manage and improve the Services.
    - Communicate with the Employer Representative about their account with the Website, their interactions with the Services or their contacts’ interactions with the Services.
    - Protect Our rights and business interests or those of third parties.
    - Provide Employer Representatives with alerts and other notifications/notices concerning Our Services or events or news, that may be of interest to them.
    - Improve the Website and present its contents to the Employer Representative.
    - Carry out testing, research, analysis and product/Service development.
    - Evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Us is among the assets transferred.
2. We may process an Actual Candidate’s or a Potential Candidate’s PII to help make great matches between the Employer and the Actual Candidates or Potential Candidates. For example: if you are an Actual Candidate or a Potential Candidate, We process your PII to help match you with the relevant job openings for which the Employer is recruiting through Our Website. If you are an Employer Representative, we process your PII to help you find the relevant talent for your Employer’s job openings.
3. We may also process the PII of an Actual Candidate or a Potential Candidate by combining publicly available information along with the PII that we already have collected in accordance with Section 2, above.
4. Once we have matched the relevant talent with the appropriate job openings posted by the Employer on Our Website, if the Employer is interested in an Actual Candidate or a Potential Candidate, they may reach out to us with a request to connect with the concerned Actual Candidate or Potential Candidate. On receipt of such request, we shall share the contact details of the Actual Candidate or Potential Candidate with the Employer who may then directly via email, phone, or text message, if and as permissible under applicable law, approach the Actual Candidate or Potential Candidate.
5. We do not imply or warrant that the Actual Candidate or Potential Candidate has any particular skills, attributes or capabilities. Instead, We reproduce the information about the Actual Candidate or Potential Candidate that is directly provided by the Actual Candidate, or collected by Us from the Data Brokers or publicly available platforms and websites on which the Actual Candidate or Potential Candidate may have disclosed its information.
DISCLOSURE

We may disclose a data subject’s PII as set out below. We do not sell, share, disclose or transfer PII for any purposes other than the ones set out in this Policy.

In relation to Employer Representatives:
1. We process the Employer Representative’s PII and share the information with third parties service providers to the extent necessary to provide the Services. We cannot provide the Services without disclosing the Employer Representative’s PII for these purposes.
2. We may provide the Employer Representative’s PII to other ‘WhiteCrow’ group entities, who will operate as a ‘helpdesk’ if the Employer Representative encounters issues with respect to (i) the Services or (ii) the Agreement. The Website may also contain links to other websites, to give access to the landing page of ‘LinkedIn’, ‘Indeed’ etc.
3. We do not sell or rent the PII or sensitive personal data of Employer Representatives to anyone for any purpose. We maintain information about Employer Representatives within Our business records while the Employer Representative remains an active subscriber to Our Services on the Website and for a reasonable period thereafter. We have implemented encryption and other appropriate security controls to protect Your PII when stored or transmitted by Us.
4. For the reasons set out in this Policy, We share PII of Actual Candidates and Candidates with the Employer in the course of providing our Services, viz. Identity Data, Personal Data, Contact Data, Professional Data, and Employment Data.
5. We may also disclose PII:
  - With other WhiteCrow group entities for administrative and organisational reasons
  - To comply with laws and law enforcement requests and protect Our rights. In certain circumstances, We may be required to disclose PII in response to lawful requests by public authorities, including to meet national security and law enforcement requirements. We may disclose PII in response to subpoenas, court orders, or legal process, or to establish or exercise Our legal rights or defend against legal claims. We may also share such information if We believe it is necessary in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Our Services or as otherwise required by law.
  - If We are involved in a merger, acquisition or sale of all or a portion of Our assets, PII may be transferred as part of that transaction.
INTERNATIONAL TRANSFER OF COLLECTED INFORMATION
1. To facilitate Our global operations, We may transfer and access PII from around the world, including from countries other than those where We operate.
2. We have put in place appropriate safeguards to ensure that Your data is only transferred to jurisdictions with enforceable data subject to rights and effective legal remedies in respect of data privacy breaches.
3. For detailed information with respect to the safeguards and disclosures in respect of specific jurisdictions with enhanced data privacy rights, please refer to the CCPA Addendum, Colorado, Connecticut, Utah & Virginia Addendum, and UK-GDPR/GDPR Addenda to this Policy.
CONSENT FOR RECEIVING PROMOTIONAL INFORMATION

If the Employer Representative opts/subscribes to receive marketing/promotional or informational announcements from Us, such emails will include the capability to opt-out of receiving such e-mails in the future. Marketing/promotional and informational announcements include any communications to Employer Representatives that are only based on advertising or promoting Our products and services. Transactional communications about the Employer Representative’s account or the Services are not “marketing”, “promotional” or “informational” communications.
YOUR CONTROLS
1. Right to Access: You can request access to Your PII, in accordance with the applicable law. We respect Your control over your PII and, upon request, we will confirm whether We hold or are processing PII that We have collected or gathered about You. If we have collected Your PII, we will provide You with a copy of that information upon request.
2. Right to correction and deletion: You can also request the Website to correct or delete Your PII as held by Us. We will correct the information found to be inaccurate and You may verify that appropriate corrections have been made. However, neither We nor Our employees, subsidiaries, affiliates and third parties shall be responsible for the accuracy and/or authenticity of the information supplied by You. We disclaim any and all liability arising out of or in connection with the accuracy and/or authenticity of that information.
3. You may file a complaint with Us if You believe that Your PII has been mishandled or that We have violated local privacy laws. Please do so by sending an email or submitting a request through the email id specified above. When a privacy question is received, we have a dedicated team which triages the contacts and seeks to address the specific concern or query which you are seeking to raise. Where Your issue may be more substantive in nature, more information may be sought from You, including evidence of Your identity. All such substantive contacts receive a response. If you are unsatisfied with the reply received, you may refer your complaint to the regulatory authority in your jurisdiction.
  
  We are not responsible for the use of personal data by Employers. If you are an Actual Candidate or Potential Candidate interacting with an Employer Representative and would no longer like to be contacted by that Employer Representative, please contact the respective Employer directly and also inform us at support@webbtree.com.
CHANGES TO THIS POLICY

We may amend this Policy from time to time by posting a revised version on the Website, indicating the date of the most recent revision. Where applicable, Your use of the Website or Services after the changes pertaining to this Policy have been posted, will constitute acceptance of those changes.
CHILDREN’S PRIVACY

We do not knowingly source data from or market to children under the age of 18 (eighteen) years or the legal age in your jurisdiction. We ask that such individuals do not provide PII to Us in relation to Services. If a parent or guardian becomes aware that their child has provided Us with information without their consent, they should promptly contact Us. We will take reasonable steps to ensure that such information is deleted from Our files.
DATA SECURITY, INTEGRITY AND RETENTION
1. Security: We protect PII from unauthorized access, use or disclosure, using a secure server. We adhere to strict security guidelines, protecting PII against unauthorized access. We have implemented physical, technical and administrative security measures for the Services that comply with applicable laws and industry standards. For example, We use firewalls, encryption technology and other automated software designed to protect against fraud and identity theft.
2. Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. All decisions which are made in the course of Our business processes involve human intervention. We do not therefore, expect to make any decisions about You using automated means.
3. We will ensure, to the best of Our ability, the security of any Sensitive/Special Personal Data or Information (“SPDI”), if any collected.
4. When an Employer Representative downloads and uses an app or website that requests the Services, We may collect and process information locally on the Employer Representatives mobile or desktop device. This allows Us to identify the sensitivity level of certain device information prior to transferring it to Our servers for storage. Rather than sending sensitive device information as raw data that can be easily associated with the relevant Employer Representative, We only transfer representations of certain types of information back to Us. Our servers then associate the representations with a unique identifier assigned to each Employer Representative by the Website. When Employer Representative subsequently interacts with the Services, this process allows Us to provide the Services without storing the sensitive information in a form that would be easily readable to unauthorized third parties.
5. We also protect Your privacy by seeking to minimize the amount of sensitive data that We store on Our servers in the first place. You may contact Us at any time with any questions or concerns.