iCIMS, Inc., and its subsidiaries, iCIMS International, LLC, TextRecruit, Inc., Opening HR Limited, EasyRecrue S.A.S., Altru Labs, Inc., Candidate ID Ltd, and SkillSurvey, Inc. (collectively, “iCIMS,” “we,” or “us”), respects your privacy and we are committed to protecting your personal information. To that end, we have put together this Privacy Notice for California Residents (“Privacy Notice”) to describe the rights of consumers under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (collectively, “CCPA”). This Privacy Notice applies solely to visitors and users of the Website, recipients of marketing communications from iCIMS, personnel and job candidates of iCIMS, personnel and job candidates of iCIMS’ Subscribers (solely to the extent personal information is processed for iCIMS Business Operations), and authorized users of iCIMS Academy, who reside in the State of California (“consumers” or “you”) to the extent that iCIMS collects and processes their personal information as a business or service provider (as those terms are defined in the CCPA).

For purposes of this Privacy Notice:

• The term “personal information” means any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. Personal information excludes:
  • Publicly available information from government records
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, such as the following:
    • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
    • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Please take the time to read this Privacy Notice and the related statements in their entirety to ensure you are fully informed. If you have any questions or concerns about your rights under the CCPA, please contact us by using the contact details under the “Contact Information” heading below.

We have collected the following categories of personal information from consumers within the last twelve (12) months:

We obtain the categories of personal information listed above from the following categories of sources:

• • Directly from you if you provide your personal information to us.
  • Directly and indirectly from activity on iCIMS’ websites. For example, from your submissions through our websites’ forms or your website usage details that are collected automatically.
  • Directly from our employees and job candidates, in connection with employment at iCIMS or with applying for a job at iCIMS and iCIMS’ recruitment process.
  • Directly from our prospects, customers, or their agents.
  • Indirectly from our prospects, customers, or their agents. For example, through information we collect from our customers in the course of providing services to them

We obtain the categories of personal information listed above only for the duration necessary for the purpose of which it was collected.

We may use or disclose the personal information we collect for one or more of the following purposes:

• To fulfill or meet the reason you provided the information.
• To provide, support, personalize, and develop our websites, products, and services.
• To carry out our job application and recruitment process.
• For managing our employment relationship with our employees.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of our websites, products, and services, other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our websites, products, and services.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and iCIMS, including, but not limited to, our Website Terms of Use.
• To notify you about changes to our Website or obtain any required consent.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To 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.
• For other lawful or legitimate purposes, which may be reasonably required for day-to-day operations.

Our processing of Personal Information for the purposes described in this Privacy Notice also includes the use of automated methods of processing, including sentiment analysis, machine learning, artificial intelligence, and generative intelligence capabilities to analyze your Personal Information, determine trends, or create AI-generated responses or other content. When you interact with the chatbot on our Website, we may also store the transcript for the purposes described in this Privacy Notice.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice and, if required by law, seeking your consent.

iCIMS takes care to allow your personal information to be accessed only by those who need to know to perform their tasks and duties, and to third parties who have a legitimate business purpose for processing or accessing it. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. As such, we may share your personal information as described in this Privacy Notice to the following categories of third parties:

• Our subsidiaries, affiliates, or their or our successors or assigns.
• Our private equity investor, Vista Equity Partners, and its affiliates, contractors, service providers, and other third parties, including Vista Consulting Group, which will process the personal information on the basis of its legitimate interests in overseeing the administration, research, and business operations of iCIMS.
• Our contractors, business partners, service providers, and other third parties who require the data to assist us in supporting our business (e.g. third-party hosting facilities) or third parties with products, services, or positions that may be of interest to you, provided such parties provide at least the same level of privacy protection as is required of iCIMS. These companies are authorized to use your personal information only as necessary to provide these services to us.
• A potential buyer (and its agents and advisors) in connection with any proposed merger, acquisition, or any form of sale or transfer of some or all of our assets (including in the event of a reorganization, dissolution or liquidation), in which case, personal information held by us about you will be among the assets transferred to the buyer or acquirer.
• A third party under the following circumstances where we, in good faith,: (i) believe we are compelled by applicable law or regulation, judicial request from a court of competent jurisdiction, or another legal process or government authority; (ii) find it necessary to exercise, establish or defend our legal rights; (iii) seek to enforce or apply our Website Terms of Use or terms of any other agreement; (iv) seek to protect iCIMS’ rights or property; (v) seek to protect iCIMS, our other customers, or the public from harm or illegal activities; (vi) seek to respond to an emergency which we believe, in good faith requires us to disclose data to prevent harm; or (vii) rely on your consent.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

• Identifiers.
• California Customer Records personal information categories.
• Protected classification characteristics under California or federal law.
• Internet or other similar network activity.
• Sensory data.
• Professional or employment-related information.
• Non-public education information.
• Sensitive personal information.

Sales or Sharing of Personal Information

In the preceding 12 months, iCIMS has not sold or shared (as those terms are defined in the CCPA) any personal information.

The CCPA provides consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting, selling, or sharing that personal information.
• The categories of third parties with whom we disclose that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or shared (as those terms are defined in the CCPA) your personal information, or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales or sharing (as those terms are defined in the CCPA), identifying the categories of personal information sold or shared and the categories of third parties to whom personal information was sold or shared; and
  • disclosures for a business purpose, identifying the categories of personal information disclosed for a business purpose and the categories of persons to whom personal information was disclosed for a business purpose.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by using the contact details under the “Contact Information” heading below.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales and Sharing Opt-Out Rights

You have the right to direct us to not sell or share your personal information at any time. However, we do not sell or share (as those terms are defined in the CCPA) your personal information (and will not sell or share it without providing a right to opt-out).

Limiting Use and Disclosure of Sensitive Personal Information Rights

You have the right, at any time, to direct us to limit our use and disclosure of your sensitive personal information for purposes other then those authorized by the CCPA. However, we do not use or disclose your sensitive personal information for any purposes other than those authorized by the CCPA (and will not use or disclose it for any unauthorized purposes without providing a right to limit).

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Various browsers (i.e., Internet Explorer, Chrome, Firefox, Edge, etc.) may allow a “do not track” (DNT) setting, which sends a signal to websites visited by an individual about their browser DNT setting. At this time, there is no general agreement on how companies, like iCIMS, should interpret DNT signals. Therefore, we do not currently commit to respond to DNT signals. We will continue to monitor developments around DNT browser technology and the implementation of a standard.

iCIMS reserves the right to update or change this Privacy Notice from time to time. If we make material changes to this Privacy Notice, we will post it to our Website home page prior to or at the time of the change becoming effective. We ask that you review the Privacy Notice periodically to stay informed about any updates or changes that we may have made.

You can see when this Privacy Notice was last updated by checking the “Effective Date” displayed at the top of this Privacy Notice.