Job Applicant Privacy Notice

Last updated: 1 April 2024

Nightwing Group, LLC and its subsidiaries and affiliates (collectively, “Nightwing”) are responsible for the privacy of its online job application and recruiting systems and any information that an individual may provide in the course of pursuing employment opportunities with Nightwing. This Job Applicant Privacy Notice covers both the electronic systems that Nightwing has implemented for job applications and the processes that some locations may use that do not involve an online system. For both approaches, Nightwing has implemented technical, administrative, and physical measures to safeguard any personal information that we may collect.

Nightwing’s online job application and recruiting systems, including the Careers website, are used for recruiting, to allow individuals to apply for employment with Nightwing, and to ensure that Nightwing complies with applicable legal and regulatory requirements in receiving employment applications. These systems are intended for visitors to review, and possibly apply for, Nightwing employment opportunities. Do not use Nightwings’ online job application and recruiting systems for any other purpose.

With limited exceptions, Nightwing only accepts applications from individuals who are at least 18 years of age. If you are under the age of 18, do not provide Nightwing with your personal information for purposes of applying for a job unless you are directed otherwise. This Notice may be modified from time to time by posting an update. We encourage you to review this Notice on a regular basis for any changes. Nightwing defines Personal Information as any data that relates to an identified or identifiable person.

What personal information might Nightwing collect?

To review postings on Nightwing’s job online application systems, communicate with Nightwing about job openings, and apply for a job with Nightwing, you will be asked to provide your personal information. With variation in certain countries, where some of these data elements may not be requested or may be requested once your employment is confirmed or starts, the personal information that you may be asked to provide includes:

Name
Contact information, including home address, home telephone, and email address
Date of Birth
Government identification document or number, including a drivers’ license
Work history
Education
Resume or CV and/or a cover letter, including any information you provide in those documents
Citizenship and/or permanent legal residence
Eligibility to work, including documentation of immigration status
Interest in employment opportunities
Job specific questions that relate to the fitness of a candidate for a particular job
References (if you provide information regarding other individuals, you must obtain their consent before providing the data to Nightwing)
Information that we may be required by law to ask in certain countries, such as whether you have previously worked for a government agency, whether you are related to a government official, Nightwing officer, or a member of the Nightwing Board of Directors, or whether you are subject to a restrictive covenant with a current or former employer
Information necessary for Nightwing to confirm that your employment would not create a conflict of interest or otherwise violate applicable law or regulation
Information that you may voluntarily choose to provide about your ethnicity, gender, gender identity, sexual orientation, veteran status, and disability
Information you provide to create security questions and answers used to validate your identity when you return to the website
Where you learned about the job opening
Any other information that you may choose to provide as part of your application
Information provided by third party sites, if you apply for a job opening through a third-party site

In certain circumstances, Nightwing invites individuals to self-identify their ethnicity, gender, gender identity, sexual orientation, veteran status, and disability information. That information is entirely voluntary and your decision to provide or withhold any of that information will not impact how we consider you for employment. In the United States (including U.S. territories), if you choose not to identify gender and ethnicity, we will be required to input something for you if we hire you. We collect information from job applicants about their religion in jurisdictions where required to do so by law.

For certain jobs and in certain locations, you may be asked to have a medical examination, hearing or vision checks, drug testing, a background check, or a criminal history check. These will only be performed with your consent, but in certain circumstances, your offer of employment may be contingent on your successful completion of one or more of these checks. Nightwing does not perform criminal history checks where prohibited from doing so by law. Nightwing may confirm the information provided in your application, such as your references, driving license and record, education and job history, without seeking your additional consent. If you access a Nightwing online job application system on a mobile device, the website will collect information necessary to communicate with your device and provide any customization that you may request. This information may include your device identification or number, your carrier, and your location.

In addition, Nightwing monitors user traffic patterns on its job application websites, including a user’s domain name, browser type, date and time of access, and pages viewed. Our web servers collect the domain names but not the e-mail addresses of visitors. This information is collected in order to measure the number of visitors to our websites and to determine which areas of the website users find useful based upon the amount of traffic to particular areas. Nightwing uses this information to enhance users’ experience and to better prepare content based on the user interests.

For certain positions, you may be required to provide additional information prior to hiring for Nightwing to establish that you have or are eligible to obtain a security clearance and/or global trade authorization.

For the most part, Nightwing will obtain your personal information directly from you when you complete an application online and during the application process, such as during an interview. Nightwing may also collect personal information indirectly, such as from prior employers, references you provide, recruitment agencies, public records sources and other third parties as part of a background check, to the extent permitted by applicable law.

How might Nightwing use the personal information it collects?

Any personal information collected may be used to:

Allow you to apply for employment with Nightwing and evaluate your application, including without limitation arranging for and conducting phone screening, interviews, and other applicable assessments
invite you to apply for and consider you for other opportunities that may be or become available
contact you with regard to an application or other opportunity or communicate changes
validate reference checks, conduct criminal history and background checks as appropriate, and perform denied party screening
facilitate your hiring and administer your employment, if you are hired
comply with legal and regulatory requirements involving job applicants, which may include providing reports to government agencies
provide you with opportunities to offer feedback on your experience, such as through a survey
conduct analysis on applicant trends to understand and improve Nightwing recruitment practices, including for diversity, equity, and inclusion analysis
verify your identity to ensure security for one of the other purposes listed here
ensure or enhance the security of Nightwing electronic systems
protect against fraud
conduct internal investigations and comply with legal obligations

Nightwing will not sell or otherwise share your personal information outside the Nightwing

business, except to:

Allow service providers Nightwing has retained to perform services on our behalf. In those cases, Nightwing will only share the information with service providers for the purposes outlined above. The categories of service providers with which Nightwing may share your Personal Information include: HR information applications (such as Workday); digital outsourcing (who would have incidental access); recruiting and talent development service providers; background check service providers (to the extent applicable); relocation vendors (to the extent applicable); and any other service providers that may be necessary to manage your employment. These service providers are contractually restricted from using or disclosing the information except when it is necessary to perform services on our behalf or to comply with legal requirements
Comply with legal obligations, including but not limited to complying with tax and regulatory obligations, sharing data with labor/trade unions and works councils, and responding to a court proceeding or a legitimate legal request from law enforcement authorities or other government regulators
Investigate suspected or actual policy, ethics, or compliance violations or illegal activity
Prevent physical harm and protect employee safety
Support the sale or transfer of all or a portion of our business or assets (including through bankruptcy)

Nightwing has several service providers that assist with its online job application systems. These providers manage our HR information systems and career websites, provide back-up storage, assist with job postings, enable video interviews, and facilitate recruitment of candidates. Nightwing may also use other service providers, but any service provider utilized will be for the purposes identified in this Notice and will provide services under a contract as mentioned above. It is possible that one of our service providers may interact directly with you during your application process, such as to schedule an interview or conduct a first round screening interview.

Where does Nightwing store your personal information?

Nightwing may transfer your information from one legal entity to another or from one country to another in order to accomplish the purposes listed above and may include sharing with our services providers in other countries. We will transfer your personal information consistent with applicable legal requirements and only to the extent necessary for the purposes set forth above.

Nightwing relies on available legal mechanisms to enable the legal transfer of personal information across borders and ensure an adequate level of protection, as required by law. To the extent that Nightwing relies on the standard contractual clauses (also called the model clauses) to authorize transfer, Nightwing will comply with those requirements, including where there may be a conflict between those requirements and this Notice.

How long does Nightwing retain your personal information?

For all positions in the United States or that support a US government contract, Nightwing is required to retain your application information for a minimum of three years. That period of time may be extended where required by law, policy, administrative or judicial activity and audit obligations. If you apply for a job in the US but you reside outside the US, please be aware that this retention requirement applies to you as well and we will be unable to grant deletion requests for US job applications within this retention period.

Otherwise, Nightwing will retain your information as follows:

Profile information: For information that you enter as part of your profile in the Nightwing online job applicant tool, we retain that information for three years from last activity. We will make an effort to warn you ahead of time that your profile is going to be deleted, but we may be prevented from doing so. As a result, if you want to maintain your account, be sure to update it periodically.

Unsuccessful applications: For unsuccessful candidates, Nightwing will retain your application information for a period of time as defined by applicable, local law. If there is no applicable local law, Nightwing retains personal information for a reasonable period of time. For more information on that period, please email [NIGHTWING RECRUTING EMAIL].

Successful applications: For successful candidates, Nightwing retains your information so that it is able to employ you. The information from your application is used for employment purposes and handled according to the Employee Privacy Notice. In all instances, retention requirements and purging of personal information may be impacted by law or regulation, court, administrative or arbitration proceeding, or an audit requirement. In each of these instances, applicable obligations may require Nightwing to retain data in specific circumstances for longer than indicated in this notice. Beyond the retention periods and for applicants who have requested deletion, Nightwing may retain anonymous data for statistical purposes to understand and improve its recruitment practices.

What choices do you have about how Nightwing uses your personal information?

You have the choice about whether or not to provide Nightwing with your personal information, but if you choose not to provide your information, Nightwing will be unable to consider you for a position. You have the right to withdraw your consent to the submission of your application at any time, however, the laws in certain countries (such as the United States) may require us to retain your application for a certain period of time if you have applied for a job in that country. Also, if you withdraw your consent to the processing of your personal information for an application, where such withdrawal is available, Nightwing will not be able to consider you for a position.

Nightwing asks only for information that it requires to evaluate you for a position to which you may apply, to authenticate you when you log into our online application systems, and as may be required by applicable law.

If you would like to have your personal information updated, corrected or deleted, email

[NIGHTWING RECRUTING EMAIL]. Nightwing will review your request and promptly respond but may be unable to provide the relief you seek as a result of contrary legal obligations or rights. With regard to requests for deletion in particular, unless applicable law or regulation, court, administrative or arbitration proceeding, or an audit requirement prevents deletion, Nightwing will delete your personal information within a reasonable period of time and keep only a log of your name, the date of your deletion request, the job(s) for which you applied, and the country from which you applied. Nightwing retains this information to demonstrate that it has complied with your request.

How does Nightwing use cookies or other tracking technologies?

Cookies are small text files sent to and stored on users’ computers that allow websites to recognize repeat users, facilitate users’ access to websites, and allow websites to compile aggregate data that will allow content improvements. Cookies do not damage users’ computers or files. Web beacons are transparent graphic images, often just the size of a single pixel, that allow websites to track activity on the site.

Nightwing uses both cookies and web beacons on the Careers website and other Nightwing job posting sites to collect aggregate and anonymous usage data so that Nightwing can improve the functionality of the website.

Nightwing may also use cookies to enhance your user experience. For example, the website may permit you to select a language and/or geographic location preference, which will be stored for future visits.

These job posting websites also use cookies from Nightwing service providers. These cookies contain a session ID to manage your activity during a session. Our service providers also use cookies to determine whether you navigated to this website from an external one to track the effectiveness of external postings.

If you do not want cookies to be accessible by this or any other Nightwing website, you should adjust the settings on your browser program to deny or disable the use of cookies. You can find additional information on cookies and web beacons at http://www.allaboutcookies.org/.

What should you understand about the third-party links that may appear on this website?

In some instances, Nightwing may provide links to non-Nightwing controlled websites. However, Nightwing does not control such third-party websites, and cannot be responsible for the content or the privacy practices employed by other websites. If you apply to a job with Nightwing through a third party site, the terms of that site’s privacy notice would also apply. What additional information should specific users know?

Residents of California: California Shine the Light Law: California residents may annually request and obtain information that is shared with other businesses for their own direct marketing use within the prior calendar year. Nightwing does not share your personal information with other businesses for their own direct marketing use.

California Consumer Privacy Act: California residents have the right to:

request details about the personal information that we have about you, including the categories of information, the purpose for which we use it, with whom we share it, and specific information about what personal information we have about you;
request that your data be deleted; and
direct a company not to sell your data, but, since Nightwing does not sell personal information, this does not apply.

If you are a California resident and you would like to exercise your rights, you should contact Nightwing either by calling 1- (833) 840-5111 or visiting nightwing.ethicspoint.com. Please provide your name, a way for Nightwing to contact you (such as an email address or telephone number) so that we can respond to your request, information about the nature of your relationship with us (for example, are you a visitor to our website or a shareowner), and details about the action that you would like us to take. Based on your request, we will investigate to determine if we have any of your personal information. If we do have your personal information (other than that provided in your request), we will seek to verify your identity based on the personal information that we already have; the data we will request will depend on the nature of the personal information we have about you. Once we verify your identity, we will provide you with a response, indicating how we will satisfy your request or why we cannot comply with your request.

Residents of the EU, UK, and other countries with data privacy laws: Nightwing is the data controller for your job applicant personal information. If you would like a list of the particular legal entity (or entities) that act as the data controller in your case, please email [NIGHTWING RECRUTING EMAIL]. Please know that you have the right to lodge a complaint with your national or state data protection authority, which may also be known as a supervisory authority. You also have the right to: (i) request access to and correction or erasure of your personal information; (ii) seek restrictions on; or (iii) object to the processing of certain personal information and seek data portability under certain circumstances. To contact Nightwing about a request to access, correct, erase, object or seek restrictions or portability, please email [NIGHTWING RECRUTING EMAIL].

Residents of the US: Nightwing collects Social Security Numbers where required by law, such as for tax and payroll purposes for its employees. When Nightwing collects and/or uses Social Security Numbers, Nightwing will take proper care by protecting confidentiality, limiting access on a need-to-know basis, and implementing appropriate technical safeguards and retention plans.

How can you access, correct or change your personal information?

To access or change your information on one of Nightwing online job application systems, you can log into your profile and make any corrections or deletions required. If you have applied to a job by another means (such as email), contact your local recruiting contact. To report problems with the Careers website or to pose questions or concerns, email [NIGHTWING RECRUTING EMAIL].

Nightwing takes reasonable efforts intended to ensure that your Personal Information remains accurate, complete and current. Nightwing may, from time to time, ask you to confirm the accuracy of your Personal Information or provide updated or additional information.

How can you contact Nightwing?

If you would like to have your personal information updated, corrected or deleted or if you have any comments, questions or suggestions please email [NIGHTWING RECRUTING EMAIL].

If you have questions about Nightwing privacy practices, please call 1-833-840-5111 or visit nightwing.ethicspoint.com.