Privacy Policy

Cherrypicker Inc. Privacy Policy

Last updated 9/5/2023

1. Privacy Notice

Cherrypicker’s core mission is to match passive candidates with a job they love and to connect the world’s most top companies. It is, therefore, an essential part of our Service that information you submit through the Service be made available to other users. Your information may also be shared with other Cherrypicker Services of which you are not a user, as well as potentially transmitted to third parties as set forth herein. Cherrypicker is committed to protecting the privacy of its users and the information that You share in connection with your use of Cherrypicker’s Services. This Privacy Policy (the “Policy”) describes how we collect, use, share, transfer, and disclose your personal information. This Privacy Policy applies to information we collect when you use our websites, mobile applications, and other online products and services where this Policy is posted (collectively, the “Services”). Cherrypicker may provide additional notices through our Services in addition to these practices or provide you additional choices about how Cherrypicker may process your Personal Information. If you have any questions about this Policy, please contact us at support@getcherrypicker.com.

By submitting information, including Personal Information, through our Services, you agree to the terms of this Privacy Policy, as well as our Cookie Policy, and any other documentation referenced herein. If you do not agree, you should discontinue use of the Services immediately.

We may change the provisions of this Policy at any time and will indicate when changes have been made by revising the date at the top of this Policy. We encourage you to review the Policy whenever you access the Services to make sure that you understand our information collection, use, and disclosure practices. When we make material changes to this Policy, we will provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. We may notify you in advance.

2. Information That We Collect and How We Use It

2.1. Information That You Provide to Us

We will collect information that you provide to us when you use the Services, such as when you (1) create an account; (2) make a purchase; (3) participate in events or promotions; (4) send questions or comments via our Services, email, or chat to Cherrypicker or other users; (5) fill out surveys; or (6) otherwise communicate with us or other users through or about the Services. We will also collect information when you sign up for marketing emails, events, or other opportunities through Cherrypicker. Information collected may contain personal information such as your name, email address, billing and contact information, and other identifying information you may provide to Cherrypicker (“Personal Information”). Personal Information may also contain third-party personally identifiable information You provide to Cherrypicker through Your use of the Service(s), of which you remain liable for at all times. Aggregated, non-personally identifying information is not your personal information. We may use aggregated, non-personally identifying information to operate, analyze, improve, and optimize our website and service.

2.2. Information We Collect About Your Use of Our Services

Cherrypicker automatically records certain information about your use of the Services. Cherrypicker uses a variety of technologies to collect this information, including persistent and session cookies, web beacons, and pixel tracking technology. The information we collect includes number of log-ins, actions taken, data displayed or clicked on (e.g., UI elements, links), and other login information (e.g., browser type, IP address, date and time of access, cookie ID, referrer URL, etc.). We use this information to analyze trends, administer the Service, track users’ movements around the Service, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs. For example, we use “Pixel Tags” in the provision of our Services to you. Pixel Tags are tiny graphic images with a unique identifier that are used to track online movements of web users. Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send email messages in a format users can read, and they tell us whether emails have been opened to ensure that we are sending only messages that are of interest to our users. We also use analytics tools to collect information regarding your service usage to improve our Services.

Cherrypicker may collect automated error reports in the case of software malfunction; such error reports may contain some or all of the information in your accounts and may be reviewed to help resolve problems with the Cherrypicker Service. If you participate in a videoconference with us, we may record the session and retain recordings of the session if we notify you that the session is being recorded and allow you the opportunity to opt out.

2.3. Information We Collect from Third Parties

Any Personal Information that Cherrypicker may obtain from other third-party sources will be processed by Cherrypicker in accordance with this Policy and all applicable laws. We may add this information to the information we have already collected from you via our Services in order to improve the Services we provide to you.

2.4. How We Use The Information We Collect

We use your Personal Information in connection with providing you with the Services and product features. Here are some examples of how we use your information:

• To provide, develop, and enhance the Service;

• Provide and deliver the products and services you request, process transactions, and to send you related information including confirmations and invoices;

• To respond to feedback and monitor security of the Service;

• To provide users with promotional communications, materials, and other third-party information;

• To enforce our terms or rights under any agreement between you and Cherrypicker; and,

• To perform any other action deemed necessary by Cherrypicker in its provision of the Service, interactions with you, or any other third party.

We may also store information locally on your device, for instance in your local cache. Cherrypicker reserves the right to review any information to help resolve problems with our Services or to ensure compliance with our Terms of Service.

3. The Legal Basis on Which Cherrypicker Collects Your Personal Information

Cherrypicker collects and processes your Personal Information on the basis of different legal grounds, depending on the nature of the Personal Information being provided and the type of processing involved, as follows:

3.1. Performance of a Contract

Some of the Personal Information processed by Cherrypicker 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 Cherrypicker sends an interview request to a Candidate from an Employer.

3.2. Legitimate Interest

A second ground relied upon by Cherrypicker for other types of processing of your Personal Information is that it is necessary for the purposes of legitimate interests pursued by Cherrypicker. Such legitimate interests will include where Cherrypicker 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. Cherrypicker 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.

3.3. Compliance with a Legal Obligation

A third ground relied upon for certain types of processing is that it is necessary in order to allow Cherrypicker to comply with a legal obligation. An example of this would be where Cherrypicker is required to retain business records for fixed periods of time in order to comply with local legal requirements.

3.4. Consent

Finally, in certain limited situations, Cherrypicker relies on your consent in order to process your Personal Information. Where Cherrypicker requires your consent in order to collect and process certain Personal Information, we seek your consent at the time of provision, and such processing will only be performed where consent is secured. For example, if you no longer want to receive marketing materials from us based upon your Personal Information, there are a number of options available to you. If you wish to opt out of a particular marketing email from Cherrypicker, you may do so by clicking “unsubscribe” (or an equivalent action) where applicable. Please note that this will only opt you out of that particular marketing campaign. You can also access and adjust your marketing communications subscriptions by contacting support@getcherrypicker.com to do so. We will comply with your request as soon as reasonably practicable, and in accordance with applicable laws.

4. Sharing Your Information

We may share your information as follows:

• With Other Users. We may share information about you, your interactions with the Service, Content you post, or other similar information with other users of our Services.

• With Other Cherrypicker Services. We may share information about you, your interactions with the Service, Content you post, or other similar information with other Cherrypicker Services, including those of which you are not a user.

• With Third Parties. We may share information about you with third parties, whether designated by you, or with other third parties including our service providers, business partners, and other organizations as we may choose.

• With Service Providers. We may share your Personal Information with third parties, such as vendors and service providers who provide assistance with billing, payment processing, marketing, data analytics support and service associated with our Services, including any provision of goods through our Services.

• With Business Partners and Affiliates. We may share your Personal Information with our channel partners, subsidiaries, affiliates, join ventures, or any other company, to fulfill obligations and requests, to deliver support, and to provide users and our customers’ users with information about Cherrypicker. Cherrypicker does not control how a business partner may use your Personal Information. Our business partners are responsible for managing the use of Personal information collected in these circumstances.

• For Compliance with laws and for other legitimate business purposes. We may share your Personal Information when we believe disclosure is necessary or required by law, due to corporate restructuring, change of control, regulation or regulatory action, to protect users, the integrity of the Service, and to defend or exercise our legal rights. We may also disclose your Personal Information when it may be necessary for other legitimate purposes as reasonably determined by Cherrypicker.

• And Generally. We may share information with the general public, such as your name, username, profile picture, and any Content you post.

5. Email Communication

We may send you emails, including marketing, promotional, and third-party related communications. You may opt out of these emails at any time by unsubscribing or selecting this option through our Services. Note that You may need to opt out from each Cherrypicker Service individually. Despite your election, we may still be required to send you Service-related communications, including any updates to our terms of service or this Policy.

6. Cherrypicker Candidate Profile/Hiring Manager Profile

As an essential element of the Service, most of the Personal Information you provide to us when you register or update your profile is displayed on your profile and intended to be shared with potential employers or potential candidates on the Cherrypicker platform. Including, but not limited to: your photo, your company logo, contact information, company information, job history, skills, and other content you post to the Site are also meant for consumption by users on the Cherrypicker platform. We may display this content on the Site, our Services, and further distribute it to a wider audience through third party sites and services. We cannot control who reads your profile or what other users may do with the information that you voluntarily share, so it is very important that you do not put any sensitive, confidential, or any other information you do not wish to be shared in your profile. Once you have posted information on your profile, while you will still be able to edit and delete it on the Service, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others.

7. Cookies and Flash LSOs

You may instruct your browser to stop accepting cookies at any time or set your browser to prompt you before accepting cookies. Please consult your browser’s settings for further technical information. If you do not accept cookies, you may not be able to use all portions or functionality of the Service. We may, or our third parties may, use “Flash Cookies,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser will not remove Flash Cookies.

8. Information From Social Networking Sites

If You provide information through, or sign in via, a social networking site such as facebook, google, or any other site we support, we may receive information from that site. Any information we receive may be dependent on the privacy settings you have with that site, so please consult that site’s privacy and data practices. We will not be responsible for any practices of that social networking site. You may de-link your social networking site account from Cherrypicker through Your Cherrypicker account, and may also change your sharing settings through such social networking site.

9. Contact Lists

You may upload or import your contacts to the Cherrypicker Service. When you upload these contacts, you agree you have the rights to upload such contacts and share these contacts with Cherrypicker. We rely upon you to obtain whatever consents from the relevant third parties that may be required by law to allow us to access and upload the third parties’ names, e-mail addresses, and other contact information. You or such a third party may contact us atsupport@getcherrypicker.com to request the removal of this information from our database.

10. Feedback

We may publish any feedback we receive from you. We may identify you by your first and last name and may also indicate your home city. We may post any feedback on the Service from time to time. If you make any comments on a blog or forum associated with Cherrypicker, you should be aware that you have no reasonable expectation of privacy and that any Personal Information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.

11. Retention, Modification, or Deletion of Your Information

You may change any of Your Personal Information in Your Account by editing Your profile within Your Account. Generally, Cherrypicker will retain user personal information for as long as your account is active or as needed to provide you Services. We may retain certain user Personal Information indefinitely, unless you delete it or request its deletion. For example, we don’t automatically delete inactive user accounts, so unless you choose to delete your account, we will retain your account information indefinitely or as long as allowable by law, whichever comes first.

If you would like to cancel your account or delete your user Personal Information, you may do so in your user account, but we may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements before any such deletion. After an account has been deleted, certain data, such as messages to other users and comments, will remain. However, we will delete or deidentify your Personal Information, including your user name and email address, by associating them with an anonymous user. When we delete any information, it will be deleted from the active database, but may remain in our archives.

12. Rights of EEA Users (or Similar International Areas)

Information, including information collected in the European Economic Area (“EEA”) may be transferred, stored and processed by us and our service providers in the United States and other countries whose data protection laws may be different than the laws of your country. We will protect your Personal Information in accordance with this Privacy Notice wherever it is processed and take appropriate steps to protect the information in accordance with applicable laws. If you live in the European Economic Area, or a similar international area, you may have additional privacy rights available to you under applicable laws. Your rights may include: (1) Right not to provide or withdraw consent at any time (2) Right to access the Personal Information that You provided Us (3) Right to erasure Personal Information that We hold about You (4) Right to object to the processing of Your Personal Information (5) Right to opt out of marketing communications and (6) Right to correct any of Your Personal Information.

13. California Privacy Disclosure

13.1. Your California Privacy Rights

By availing yourself of the rights afforded in this section of our Privacy Policy, you are declaring that you are a California resident.

Other residents: You may make a verified request to Cherrypicker regarding your Personal Information. While Cherrypicker does not sell your Personal Information, you can nonetheless make a formal request to delete your Personal Information held by Cherrypicker through your account or, if you are unable to access your account, via email at support@getcherrypicker.com.

13.2. The Right to Know Your Personal Information

You have the right to request that we disclose the Personal Information we collect, use, disclose and sell about you. Section 2 of this Policy explains the categories of Personal Information we collected over the past twelve (12) months, why we collected this information, and the third parties with which we shared it.

13.3. The Right to Opt-out of the Sale of Your Personal Information

We do not sell your Personal Information.

California’s “Shine the Light” law (Civil Code section 1798.83) also permits California residents once per calendar year to request and receive information about a business’ disclosure of certain categories of Personal Information to other companies for direct marketing purposes. If you are a California resident and a user of our Service, you can request a copy of this information from Cherrypicker by sending an email to support@getcherrypicker.com. Please include your name and email address with your request. Cherrypicker reserves the right to request additional Personal Information from you to confirm your identity before responding to this request.

13.4. The Right to Non-Discrimination for Exercising Your Privacy Rights

We will not discriminate against you for exercising any of your rights under the CCPA.

14. Third Party Services

The Services may contain links to third party websites and services. When you click on a link to any other website, location, or service You will leave our Services and go to another site or service and another entity may collect data from You. We do not control and are not responsible for such third party websites or services. Third party services are for your convenience only, and we do not recommend, screen, review, or have any control over the actions taken by these third parties. Your use of these services is solely your choice and decision. Please review every third-party website or service You visit or use, including those that you interact with through Our Services.

15. Your Third Parties

If you decide to invite a third party to create an Account, we will collect your and the third party’s names and e-mail addresses, as well as any other relevant information in order to send e-mail and other communications to the third party. We may maintain this information indefinitely in our database and may also use this information to help us establish networks of contacts, document relationships, facilitate referrals, and improve our Services. We may also use this information to show you and other users that you may know each other or have shared contacts. We rely upon you to obtain whatever consents from the third party that may be required by law to allow us to access and upload the third party’s names and e-mail addresses as required above.

16. Your Provision of Third Party Personally Identifiable Information

Certain Cherrypicker Services may allow You to provide third party personally identifiable information to Cherrypicker, of which you will remain liable for at all times. You represent and warrant you have all rights, permissions, and consents to provide such information to Cherrypicker, and that maintenance of that information, including removal or request for deletion, will at all times be your responsibility. You will indemnify, defend, and hold Cherrypicker harmless from any third party actions against Cherrypicker with respect to such third party personally identifiable information you provide to Cherrypicker pursuant to our Terms of Service.

17. Security

Cherrypicker is committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. We also require You to enter a password to access your Account information. Please do not disclose your Account password to unauthorized people. You are solely responsible for all actions or disclosures of your information or any access to your Account. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while Cherrypicker uses reasonable efforts to safeguard your Personal Information, Cherrypicker cannot guarantee its absolute security.

18. A Note About Children

We do not intentionally gather Personal Information from individuals who are under the age of 13. If a child under 13 submits Personal Information to Cherrypicker and we learn that the Personal Information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Information from a child under 13, please contact Us at support@getcherrypicker.com.

19 Changes To this Privacy Policy

We may update this Privacy Policy from time to time and for any reason. We will endeavor to provide you advanced notice of such updates, but you are ultimately responsible for consulting this Privacy Policy regularly for any changes. Continued use of our Services shall indicate your acknowledgement of such changes and agreement to be bound by the terms of such changes. If you do not agree, you should immediately discontinue your use of the Services.