Applicant Privacy Notice
Foursquare recognizes the importance of privacy, security and data protection to our job applicants and strives to provide protections across all of our operations and to deploy consistent, rigorous policies and procedures worldwide.
Last Updated: April 19, 2023
This Applicant Privacy Notice (“Notice”) describes how the Foursquare company to which you are applying, and any of our related affiliates worldwide (collectively, “Foursquare”, “us”, or “we”), collect, receive, use, store, share, transfer, and process your personal data, as well as your rights in determining what we do with the personal data we collect or hold about you as part of a potential employment relationship with Foursquare.
Personal Data Collected
If you apply for a job with us, we will collect, use and store personal data about you. To the extent permitted by law and at the appropriate time during the application process, this may include but is not limited to:
|Personal Identification & Communication Information||Contact details (e.g., name, address, phone numbers, and email),Identification details (e.g., government ID numbers, passport number, nationality, immigration status, and nationality); andAny other data you submit to us, including any correspondence between you and Foursquare exchanged during the application process.|
|Employment Related Information||Qualification details (e.g., resume, CV, cover letter, work experience, education, and transcripts);Application information (e.g., expected income, type of job desired, availability, and references); If you have consented to background checks and/or where permitted by law, we may also collect details of professional registrations, sanctions with professional bodies, financial checks or criminal convictions.|
|Automatic Data Collection||When you apply using the application portal on our website, we may gather information from using cookies and other tracking technologies. To learn more please see our Cookies policy.|
We may also obtain data about you from other sources, such as recruiters, market research companies, identity verification providers, and information you have made publicly-available through third-party websites (e.g., LinkedIn).
Foursquare may process personal data for the following purposes and based on the following legal bases:
|Purpose of Processing||Description of Processing||Legal Basis for Processing|
|Recruitment & Assessment of Employment Eligibility||Review and assess qualifications to determine eligibility for position, process employment applications, communicate and respond to inquiries regarding employment opportunities and applications, organize interviews, appointments, phone calls, send updates on recruitment opportunities, and identity verification.Background checks to evaluate eligibility for employment or assignment only where permitted by local law and with consent where required.||Performance of Employment Contract|
Legitimate Business Interests & Business Enablement
Consent (where required)
|Legal & Regulatory Compliance||Defend against legal claims, health and safety compliance, regulatory, investigative and disciplinary purposes (including disclosure of such information in connection with legal process or litigation) and other ethics, anti-corruption and compliance reporting tools.||Compliance with Law|
Legitimate Business Interests
|Security Protection & Compliance with Company Policies||Protect premises assets, systems, and intellectual property, ensure the safety of our staff, enforce company policies, and permit the functionality of our online portal, including to authorize the creation of online accounts, provide support and reset passwords.||Legitimate Business Interests|
Foursquare leverages its applicant tracking system to assess applications based on the skills and experience needed to be successful in a specific position. Foursquare does not process personal data of applicants for the purpose of taking decisions based solely on automated processing and applicant qualifications are always reviewed by members of Foursquare’s recruiting team. For applicants that do not meet the requirements, an automated email notification will be sent.
Personal data may be transferred to Foursquare group companies in the US and other countries and will be stored and processed manually and electronically through the global systems and tools for the purposes above.
Personal data may also be shared with third party service providers or processors, who will process it on behalf of Foursquare for the purposes above. Such third parties include, but are not limited to, IT service providers, travel agencies and travel service providers. Third parties that process personal data on behalf of Foursquare are required by contract to implement safeguards that are no less protective than those implemented by Foursquare in order to protect any personal data they receive from Foursquare. Third party service providers are further prohibited from using the personal data for any purposes other than to perform the services as instructed by Foursquare.
Personal data may be shared with government authorities and/or law enforcement officials with a duly authorized information request, if mandated by law, or if required for the legal protection of our legitimate interests in compliance with applicable law.
Circumstances may arise where, whether for strategic or other business reasons, Foursquare decides to sell, buy, merge or otherwise reorganize businesses. In such transactions, Foursquare may disclose or transfer personal data to prospective or actual purchasers. Foursquare’s practice is to seek appropriate protection for personal data in these types of transactions.
Rights and Choices
Job applicants may have a variety of rights under applicable privacy law, including right to access, correct, and, in certain circumstances, to request deletion or transfer of the personal data held by Foursquare. To exercise your privacy rights, please email firstname.lastname@example.org or call us at 1-800-663-017. In Serbia, you can contact our data protection officer at contact details provided in Appendix 1. To submit a request as an authorized agent on behalf of a job applicant, please email email@example.com. Foursquare will respond to your request for exercising your rights within a reasonable time in compliance with applicable laws.
To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal data or complying with your request. If you request access to, correction of or deletion of your personal data, we may require you to authenticate your email address and provide information about prior job applications you submitted to Foursquare, prior correspondence with Foursquare or other details about your relationship to Foursquare. In addition, if you ask us to provide you with specific pieces of personal data, we will require you to sign a declaration under penalty of perjury that you are the individual whose personal data is the subject of the request.
If you choose to exercise any of your privacy rights, you have the right to not receive discriminatory treatment by us.
International Data Transfers
For job applicants located in the EU, UK, or Serbia, it is possible that data you provide may be transferred to or accessed by Foursquare affiliates or third parties located in countries other than the country in which you reside, specifically the US. These countries may not have the same data protection laws as the country in which you reside. Foursquare will conduct any data transfers in accordance with this Notice and all applicable laws and permissible data transfer mechanisms.
Retention of Personal Data
We will retain personal data about you for the time period reasonably necessary to achieve the purposes described in this Policy, or any other notice provided at the time of collection, taking into account applicable statutes of limitation and records retention requirements under applicable law.
Changes to this Notice
This notice may be updated periodically to reflect changes in our data practices. If we modify this notice, we will post the revised notice here, with an updated revision date. We will post a notice on our applicable websites, applications or materials to advise of any significant changes.
All references to the applicable law shall refer to the currently applicable Serbian Personal Data Protection Law (“Official Gazette of the RoS”, No. 87/2018, as may be further amended and restated) that is applicable to processing of personal data in the context of the activities of an establishment of a controller or a processor in Serbia, and therefore to processing of applicants’ personal data by Foursquare Labs d.o.o. Beograd.
All references in this Policy “Foursquare”, “we” or “us” shall mean:
Foursquare Labs d.o.o. Beograd
Majke Jevrosime n.23
Republic of Serbia
being a data controller for the purpose of processing applicants’ personal data.
Data Protection Officer
Foursquare Data Protection Officer in Serbia may be contacted at the following address:
Majke Jevrosime 23, 11 000 Belgrade, Republic of Serbia; phone: +381116558500.
Legal Basis for Collection & Processing
Foursquare relies on several legal bases for the collection and processing of applicant personal data. For more details, please refer to the Data Uses section of the Foursquare Applicant Privacy Notice.
Cross-Border Transfer of Personal Data
As stated in the Data Sharing section in the Foursquare Applicant Notice, personal data may be transferred to Foursquare group companies and to third party service providers. Some of these recipients may be located in countries outside the territory of the Republic of Serbia. In such cases, personal data is transferred to countries that provide an adequate level of protection, as prescribed in Art. 64 of the Serbian Personal Data Protection Law.
However, where applicants’ personal data is transferred to third countries, in particular, to Foursquare’s group companies (e.g., located in the US), Foursquare implements appropriate safeguards to ensure that data subjects’ rights are protected in accordance with the Serbian Personal Data Protection Law. This includes, among others, the conclusion of the Standard Contractual Clauses for the transfer of personal data issued by the Serbian Data Protection Authority (Art. 65 (2)(2) of the Serbian Personal Data Protection Law), supplemented by additional safeguards for such transfers. Further details on the implemented safeguards as well as copies of the respective agreements are available on request.
Foursquare generally retains personal data of applicants for as long as this is necessary for the fulfillment of the purpose for which they were obtained. Thus, in any case applicants’ personal data are processed until the end of the recruitment process. Where necessary, personal data may be kept for as long as potential legal claims against Foursquare are not yet time-barred; e.g., for certain anti-discriminatory claims the statutory limitation period may be up to 1 year. Beyond this time period, personal data are kept only with applicants’ consent and for a maximum period of 2 years. As soon as there are no legitimate grounds for the further storage of applicants’ personal data available, they will either be deleted or anonymised.
Data Subjects’ Rights
Data subjects have the following rights under the statutory conditions:
- right of access;
- right to rectification and erasure;
- right to restriction;
- right to object or withdraw consent;
- right to data portability.
Kindly note that the existence of the right to withdraw consent at any time does not affect the lawfulness of processing based on consent before its withdrawal. Please see Rights and Choices in the Foursquare Applicant Privacy Notice for instructions on how to exercise rights.
Serbian Data Protection Authority
Under the Serbian Personal Data Protection Law, a data subject shall have the right to lodge a complaint with the Serbian Commissioner for Information of Public Importance and Personal Data Protection as the competent Serbian data protection authority if the data subject considers that the processing of personal data relating to him or her infringes the Serbian Personal Data Protection Law.
Contact details of the Serbian data protection authority are as follows:
Poverenik za informacije od javnog značaja i zaštitu podataka o ličnosti
Bulevar kralja Aleksandra n. 15
Republic of Serbia
Lodging a complaint to the Serbian Commissioner for Information of Public Importance and Personal Data Protection is without prejudice to any other administrative or judicial remedy at data subject’s disposal.
Obligation to Provide Data
Foursquare needs some of applicants’ personal data in order to take steps at the request of the data subject prior to entering into a contract, for the performance of the employment contract and/or in order to comply with the legal obligations they are subject to (e.g., under employment, social security or tax law). If data subjects refuse to provide personal data which are required for the conclusion or performance of the employment contract or which Foursquare is obliged to process due to its legal obligations, Foursquare may not be able to enter into an employment contract with the data subject or to carry out the obligations as an employer.
Foursquare does not process personal data of applicants from Serbia for the purpose of taking decisions based solely on automated processing, including profiling, which would produce legal effects concerning applicants as defined under Art. 38 of the Serbian Personal Data Protection Law.
This California Supplement (“CA Supplement”) applies only to California residents. Certain terms used in this CA Supplement have the meanings given to them in the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act of 2020) and its implementing regulations (collectively, the “CCPA”).
Notice of Collection and Use of Personal Data
Foursquare may collect (and may have collected during the 12-month period prior to the date this Notice was last updated) the following categories of personal data about you:
|CCPA Data Category||Data Examples|
|Identifiers||Identifiers, such as a real name, alias, postal address, unique personal identifier (e.g., a device identifier, employee number, unique pseudonym, or user alias/ID), telephone number, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, date of birth, and other similar identifiers.|
|Additional Data Subject to Cal. Civ. Code § 1798.80||Signature, physical characteristics or description, state identification card number, education, medical information, and health insurance information.|
|Protected Classifications||Characteristics of protected classifications under California or federal law, such as ethnicity, gender identity, sexual orientation, disability, citizenship status, and military and veteran status.|
|Online Activity||Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites or applications.|
|Sensory Information||Audio, electronic, visual, and other similar information.|
|Employment Information||professional or employment-related information as described in the Personal Data Collected section of this Notice.|
|Education Information||education information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).|
|Inferences||Inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.|
Foursquare may use (and may have used during the 12-month period prior to the date this Notice was last updated) personal data for the purposes described in the Data Uses section of this Notice and for the following business purposes:
- Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing analytics services, providing storage, or providing similar services.
- Auditing, including auditing compliance.
- Certain short-term, transient uses.
- Helping to ensure security and integrity.
- Debugging to identify and repair errors that impair existing intended functionality.
- Undertaking internal research for technological development and demonstration.
- Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance them.
Foursquare does not collect or process sensitive personal data with the purpose of inferring characteristics about you.
To the extent we process de-identified information, we will maintain and use the information in de-identified form and will not attempt to re-identify the information unless permitted by applicable law.
Retention of Personal Data
We will retain personal data about you as described in the Retention of Personal Data section of this Notice.
Sources of Personal Data
During the 12-month period prior to the date this Notice was last updated, Foursquare may have obtained personal data about you from the categories of sources listed in the Personal Data Collected section of this Notice.
Disclosure of Personal Data
During the 12-month period prior to the date this Notice was last updated, Foursquare may have disclosed the previously listed categories of personal data about you for a business purpose to the following categories of third parties:
- our affiliates and subsidiaries, and
- our vendors who provide services to us
In addition to the categories of third parties identified above, during the 12-month period prior to the date this Notice was last updated, we may have disclosed personal data about you to government entities, law enforcement officials and third parties in connection with corporate transactions, such as mergers, acquisitions or divestitures.
Foursquare does not sell or share for cross-context behavioral advertising purposes personal data about you.
California Privacy Rights
You may have certain choices regarding your personal data, as described in the Rights and Choices section of this Notice. California Residents may also exercise their privacy rights by calling us at 1-800-673-0117. To submit a request as an authorized agent on behalf of an individual, please email firstname.lastname@example.org.