Fiverr’s Privacy Policy For Job Applicants In The EU

Last update: March 2019

This Privacy Policy Statement for Job Applicants ("Policy") applies whenever you apply for a job opening in the EU, including the UK, and submit your personal information to Fiverr International Ltd., Fiverr Germany GmbH or any of its subsidiaries or affiliates as part of a job application (“Fiverr”). The controller of your personal information is the Fiverr entity with whom you are applying for a vacancy. For the purposes of the General Data Protection Regulation (“GDPR”), If you are applying for a job opening in the EU, including the UK, the controller of the data is Fiverr Germany GmbH, Torstr. 166, 10115 Berlin, Germany.

We respect your privacy and are committed to protect the personal information that you share with us. When you apply for a job with us or any of our affiliates we need your personal information to consider whether you are a good fit for relevant positions and to further contact you if the application process continues. This Policy describes how we collect and use your personal information when you apply for a job opening.

Fiverr operates in many different countries, some of which have laws related to the collection, use, transfer and disclosure of the personal information of individuals, including our employees. We take these obligations very seriously and are giving you this Policy to provide transparency about what we do with personal information and why.

Information We Collect

Personal information means any information that (alone or in combination with other information) can be used, directly or indirectly, to identify an individual, including, but not limited to, a first and last name, email address, a home, postal or other physical address, other contact information, title, birth date, gender, occupation, industry, personal interests, CV and other information you provide as part of a job application. Personal information does not include information that is not considered personal information under applicable law (e.g., aggregated and anonymized data). In addition to the preliminary information you send us as part of the application, we may collect more information about you in personal interviews or through further communications to the extent applicable. We will only request information from you which is reasonably necessary for the identification and evaluation of potential candidates for open positions.

Information We Receive from Third Parties

Instead of directly submitting your job application or personal information to us, we provide you with the ability to send such information using tools offered by third parties such as LinkedIn (when you decide to provide your CV by linking to your profile) or Comeet (when you subscribe for their job application services). We may also receive information from third parties, such as your friends or placement companies, who may send us your personal information on your behalf, or from other third parties who process your personal information on our behalf. Any information we receive from such third parties in the context of your job application is subject to this Policy and we will be the controller with respect to such information. However, please note that by using such third party tools you may be required to review and consent to the privacy statements of such third parties and their use of your information will be subject to such privacy statements that we assume no liability for.

Legal Basis for Processing

Our collection and processing of personal information is based on:

• your explicit consent, which you can withdraw at any time. Please note that if you withdraw your consent we may not be able to process your application;
• the necessity for hiring decisions, i.e. to take steps to assess your suitability for the vacancy prior to entering into an employment contract;
• the necessity for the compliance by Fiverr with its legal obligations under EU or EU Member state or other applicable law in relation to employment and social security; and
• the necessity for the purposes of the legitimate interests pursued by Fiverr, in particular its economic, commercial and financial interests, business continuity, security and confidentiality of customer information and products, security of digital and physical infrastructure.

Furthermore, we may request your specific, freely-given, unbundled, informed and separate consent to the extent required under applicable law, in case that we use the personal information to consider you for new job openings in the future.

If we process any sensitive personal information (such as health data, or data relating to race, ethnic origin or sexual life) relating to you we will do so because:

• you have provided your explicit consent to process that information for specified purposes;
• the processing is necessary to carry out our obligations under employment, social security or social protection law (for example, to assess fitness for work and make reasonable adjustments) and there is no reason to believe that you have an overriding legitimate interest in not processing the data;
• the processing is necessary for the establishment, exercise or defense of legal claims or in response to courts that are acting in their judicial capacity; or
• our use of the information is necessary for reasons of substantial public interest on the basis of applicable law (for example, to carry out equal opportunity monitoring or where we are required by a relevant legal or regulatory obligation to use your data).

Information Sharing and Disclosure

Because we are a global company, your personal information may be shared with our other offices or affiliates around the world, such as Fiverr International Ltd., Fiver Inc., Fiverr Limited. All such entities are governed by this Policy or are bound by the appropriate confidentiality and data transfer agreements.

We may send your personal information to other companies or people under any of the following circumstances:

• we need to send the information to companies who work on our behalf to provide services directly related to the job application process, such as external assessment institutions located in your jurisdiction, recruiting system providers located in the US (such as Comeet), IT service providers, providing hosting service (such as AWS, DropBox and Google), (we will only provide those companies the information they need to assist us in the job application process, and they are prohibited from using that information for any other purpose);
• in the event of sale or transfer of all or substantially all of our or any of our affiliate's shares or assets, in cases of mergers or in case of negotiations with respect to the foregoing;
• if required to do so by law, or in urgent circumstances, to protect personal safety, the public or our website.

Fiverr may also disclose your personal information to regulatory authorities (including tax authorities), government agencies, law enforcement authorities, parties (including our legal or other advisors) in legal proceedings involving Fiverr, third parties with whom we may collaborate or engage in acquisition transactions, or where otherwise required by applicable law. Fiverr may also share anonymous or aggregate information with third parties.

Other than as described above, any other transfer of your personal information to third parties will be subject to your consent.

For the above purposes, personal information may be transferred to recipients in countries around the world (which may be located outside the EU/EEA, European Economic Area) which in some cases may have a lower level of protection than that within the EU/EEA. If you are a resident of the EU/EEA, when transferring personal information to countries outside the EU/EEA, to jurisdictions that did not receive an adequacy decision by the European Commission, we use standard contractual clauses approved by the European Commission to ensure a sufficient level of protection for your personal information. If you are not a resident of the EU/EEA, we may transfer your information to such non EU/EEA countries without any additional measures and you agree to such transfers based on this Policy.

Data Retention

We store the personal information as long as it is necessary to fulfil the purpose for which the data has been collected. This means that we delete your personal information when such information is no longer necessary. If we deny your application your personal information is stored for maximum 6 months following denial of your application, unless you have provided your consent for a longer period. If you applied for job openings generally, or if you consented that we contact you for future openings, we will retain your personal information for longer periods in order to send you future information on job openings and consider you for further positions.

Data Subject Rights

Under applicable EU regulation, you may have some or all of the following rights in respect of your personal information:

• to obtain a copy of your personal information together with information about how and on what basis that personal information is processed;
• to rectify inaccurate personal information;
• where you have provided your personal information to us with your consent, to ask us for a copy of this data in a structured, machine-readable format and to ask us to share (port) this data to another data controller;
• to erase your personal information in limited circumstances where (a) you believe that it is no longer necessary for us to hold your personal information; (b) we are processing your personal information on the basis of legitimate interests and you object to such processing, and we cannot demonstrate an overriding legitimate ground for the processing; (c) where you have provided your personal information to us with your consent and you wish to withdraw your consent and there is no other ground under which we can process your personal information; and (d) where you believe the personal information we hold about you is being unlawfully processed by us;
• to restrict processing of your personal information where: (a) the accuracy of the personal information is contested; (b) the processing is unlawful but you object to the erasure of the personal information; (c) we no longer require the personal information for the purposes for which it was collected, but it is required for the establishment, exercise or defense of a legal claim; or (d) where you have objected to us processing your personal information based on our legitimate interests and we are considering your objection;
• to challenge processing which we have justified on the basis of our legitimate interest;
• to object to decisions which are based solely on automated processing or profiling; or
• to obtain a copy of or access to safeguards under which your personal information is transferred outside of the EEA.

In addition to the above, you have the right to lodge a complaint with a supervisory authority for data protection.

We will ask you for additional data to confirm your identity and for security purposes, before disclosing data requested to you. We reserve the right to charge a fee where permitted by law. We will decline to process requests that jeopardize the privacy of others, are extremely impractical, or would cause us to take any action that is not permissible under applicable laws. Additionally, as permitted by applicable laws, we will retain where necessary certain personal information for a limited period of time for record-keeping, accounting and fraud prevention purposes.

Right to Object

You can object to any processing of your personal data which our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.

Data Security

We safeguard the security of the data you send us with physical, electronic, and managerial procedures, taking into consideration the state of the art technology, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of processing your personal information. While we strive to protect your personal information, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal information when you are on the Internet.

Changes to this Privacy Policy

We may amend this Policy from time to time. If we make any substantial changes in the way we use your personal information we will make that information available by posting a notice on this site, so please re-visit this site frequently to see any updates or changes to this Policy.

Privacy Inquiries

We are responsible for the processing of your personal information, and requests to exercise your rights as stated above shall be addressed to HR@fiverr.com.

To Contact our data protection officer, please use the following contact details: DPO@fiverr.com