VMware Applicant Privacy Notice
Effective Date: November 1, 2021
VMware, Inc., headquartered in the U.S., and its group companies, ("VMware", "we", "us" and "our") are committed to protecting your privacy. This Applicant Privacy Notice ("Notice") describes the privacy practices that applies to our collection, use and disclosure of personal information from applicants ("you" and "your") for employment, scholarship and/or internship opportunities with VMware when you submit personal information and other information to us via any of our application portals, websites or other recruitment mediums, whether online or off-line (collectively, the "Sites"), as well as how we use and share that information. We appreciate your interest in VMware and take care to process and use your information responsibly.
If you have any questions about this Notice, please contact us at email@example.com.
If you are resident in the European Economic Area ("EEA"), please also refer to "Your Privacy Rights" and "Additional rights for EEA and certain other territories" below for additional information that applies to you.
PART I: WHAT INFORMATION WE COLLECT & HOW WE USE IT
- Information we collect from you
To process your application, we ask you to provide the personal information about yourself. All information is provided on a voluntary basis, and you determine the extent of information you provide to VMware. However, some information may be necessary to complete an evaluation of your application and if it is not provided, our ability to consider you as a candidate may be limited.
Examples of the type of personal information VMware may process:
(i) Personal information
VMware asks for certain personal information, including educational and employment background, contact information and preferences, job qualifications, and jobs or other career opportunities for which you would like to submit an application. You also may choose to provide VMware with additional information, such as your CV, resume, or transcripts; employment references and related information; and compensation requests. In addition, and where this is relevant to your application, VMware may collect information from third parties who are lawfully entitled to share your information with us, for example, in connection with a background or employment check and/or an employment reference.
(ii) Sensitive personal information
We may also collect certain types of personal information that is treated as sensitive personal information. Sensitive personal information includes, for example, government-issued identification number (such as a social security number), information relating to a person's race or ethnic origin, political opinions or religious beliefs, physical or mental health or condition, sexual orientation, trade union membership, genetic data and any related legal actions or the processing of biometric data for the purposes of uniquely identifying an individual. It may include information about an individual's criminal offences or convictions, as well as any other information deemed sensitive under applicable data protection laws. Where permitted by law and to the extent applicable, VMware may also need to carry out background and/or criminal checks to determine your suitability for an open position or opportunity at VMware.
VMware does not request sensitive personal information in connection with recruiting unless permitted or required by local law (for example for equal opportunity monitoring or internal policies related to diversity and anti-discrimination). Where required by applicable data protection or privacy law, we will obtain your consent to our use of your sensitive personal information.
- Information we automatically collect
We may automatically collect certain information from you about your visit to our Sites using "cookies" and other similar tracking technologies. For further information, please consult the VMware Cookie Notice.
- Information from other third party sources
We may obtain information about you from other sources, to the extent permitted by applicable law, such as through your contact with us, including your interactions with VMware, or from third parties such as employment research firms, identity verification services, and other websites on the Internet (subject to such third party’s privacy policies). For example, you may choose to provide us with access to certain personal information stored by third parties such as social media sites (for example, LinkedIn). By authorizing VMware to have access to this information, you agree that VMware may collect, store and use this information in accordance with this Notice.
- How we use your information
The information may be used as follows: (i) to process and evaluate your application and make hiring decisions; (ii) communicate with you and inform you of current and future career or scholarship opportunities (unless you tell us that you do not want us to keep your details for such purposes); (iii) to manage and improve VMware's recruiting and hiring processes; (iv) to conduct reference and background checks were required and/or permitted by applicable local law; and (v) for compliance with corporate governance and legal and regulatory requirements. If you are hired, the information may be used in connection with employment and corporate management (for example, to establish a basic employment record).
- Legal basis for processing personal information (EEA only)
If you are an applicant from the European Economic Area, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and specific context in which we collect it. We may sometimes provide you with additional information about this legal basis at the time this information is collected.
However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to process your application, review your suitability as an applicant, ensuring compliance with a legal obligation that VMware is under or where the processing is in our or a third party’s legitimate interests (and not overridden by your data protection interests or fundamental rights and freedoms). In some cases, we may also have a legal obligation to collect personal information from you, or may otherwise need the personal information to protect your vital interests or those of another person.
If we ask you to provide personal information to comply with a legal requirement, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
Similarly, if we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time, or upon request, what those legitimate interests are.
If you have any questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided further below in Part VII.
PART II: HOW WE SHARE YOUR INFORMATION
VMware will not sell the information on your application to unaffiliated third-parties for their marketing purposes. We take care to allow your personal information to be accessed only by those who really need access in order to perform their tasks and duties, and to third parties who have a legitimate purpose for accessing it. We may share personal information about you with third parties in the following circumstances:
- Vendors, consultants and other service providers: We may share your personal information internally and with service providers, agents and other third parties (for example, recruiters, consultants, attorneys and background checking services as necessary in connection with recruiting, employment, corporate governance, acquisitions and legal or regulatory requirements.
- VMware affiliates: We may share your information with our parent companies, subsidiaries and/or affiliates. This information will only be shared to the extent necessary in connection with your recruitment and employment as described in this Notice. We may also obtain information about you from our affiliated companies.
- Vital interests: We may disclose information where we believe it necessary in order to protect the vital interests of any person.
- Compliance with laws or any competent law enforcement body, regulatory body, government agency, court or third party: We may disclose information where we believe disclosure is necessary or required (i) by law or regulation, in order to comply with legal process or government requests (including in response to public authorities to meet equal opportunity laws, national security or law enforcement requirements); or (ii) to exercise, establish or defend our legal rights.
- Business transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, acquisition, dissolution, corporate reorganization or similar event. We will inform any buyer that your information shall only be used in accordance with this Notice.
- With your consent: We may disclose your personal information for any purpose with your consent.
PART III: INTERNATIONAL TRANSFERS OF INFORMATION
Personal information, including personal information collected in the European Economic Area ("EEA") or Switzerland, may be transferred, stored and processed by us and our service providers, partners and affiliates in the United States and potentially other countries whose data protection laws may be different than the laws of your country, for example to Canada, The Philippines, Singapore, India, Australia and Israel. Some of these countries are not deemed ‘adequate’ by the European Commission. We will protect your personal information in accordance with this Notice wherever it is processed and will take appropriate contractual or other steps to protect the relevant personal information in accordance with applicable laws. These steps include implementing the European Commission's Standard Contractual Clauses for transfers of personal information from our group companies in the EEA to our other group companies. Our Standard Contractual Clauses can be provided upon request. We have implemented similar appropriate safeguards with our service providers, partners and affiliates.
PART IV: SECURITY AND CONFIDENTIALITY
Except as otherwise stated in this Notice or as required for legal or regulatory purposes, VMware treats your personal information as confidential. VMware maintains (and requires its services providers and agents to maintain, appropriate organizational and technical measures designed to protect the security and confidentiality of your personal information. For example, VMware employs physical access controls, encryption, Internet firewalls, intrusion detection, and network monitoring depending on the nature of the data and the scope of processing. VMware staff who may have access to personal information are required to keep that information confidential.
However, no security procedures or protocols are ever guaranteed to be 100% secure so we encourage you to take care when disclosing personal information online and to use readily available tools, such as Internet firewalls, anti-virus and anti-spyware software, and similar technologies to protect yourself online. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your personal information has been compromised), please immediately notify us in accordance with the "How to Contact Us" section below.
PART V: YOUR PRIVACY RIGHTS
Right to correct or update your information: If you would like to correct or update personal information that you have provided to us, please logon to myvmware.com and update your profile.
Marketing communications: You can opt-out of receiving marketing communications from VMware by going to the VMware subscription center at https://www.vmware.com/learn/subscription2.html and unsubscribing. You can also opt out by clicking "unsubscribe" in any email communications we send you, or by sending us an email at firstname.lastname@example.org (please reference this Applicant Notice in your request).
Additional rights for the EEA and certain other territories: If you are from certain territories (such as the European Economic Area), you may have the right to exercise certain privacy rights available to you under applicable laws. We will process your request in accordance with applicable data protection laws. We may need to retain certain information for record-keeping purposes and/or to complete transactions that you began prior to requesting any deletion.
- Right to withdraw or decline consent: We may rely on your consent in order to process certain personal information. Where we do so, you have the right to withdraw or decline your consent at any time. In deciding whether to provide your consent, you should note that, for example, we may not be able to proceed with your application, if you do not provide your consent. Please note that this does not affect the lawfulness of the processing based on consent before its withdrawal.
- Right of access and/or portability: You may have the right to access the personal information that we hold about you and, in some limited circumstances, have that data provided to you so that you can provide or ‘port’ that data to another provider.
- Right of erasure: In certain circumstances, you may have the right to erasure of personal information that we hold about you (for example if it is no longer necessary for the purposes for which it was originally collected).
- Right to object to processing: You may have the right to request that VMware stop processing your personal information and/or to stop sending you email communications.
- Right to rectification: You may have the right to require us to correct any inaccurate or incomplete personal information.
- Right to restrict processing: You may have the right to request that we restrict processing of your personal information in certain circumstances (for example, where you believe that the personal information we hold about you is not accurate or lawfully held).
- Right to lodge a complaint to your local Data Protection Authority: You may have the right to lodge a complaint with your national Data Protection Authority or equivalent regulatory body.
If you would like to exercise any of the above rights, please contact email@example.com so that we may consider your request under applicable law. To protect your privacy and security, we may take steps to verify your identity before complying with the request.
We do not employ solely automated decision-making, as a matter of course, that results in automated decisions being taken (including profiling) that legally affect you or similarly significantly affect you. Automated decisions mean that a decision concerning you is made automatically on the basis of a computer determination (using software algorithms), without our human review. If you are to be subjected to automated decision making, we will make it clear at the time and you have the right to contest the decision, to express your point of view, and to require a human review of the decision.
PART VI: OTHER INFORMATION
How long we retain your information
We will retain personal inf ormation we collect from you where we have an ongoing legitimate business need to do so and/or as long as is needed to fulfill the purposes outlined in this Notice, unless a longer retention period is required or permitted by law. VMware may also retain your information in accordance with applicable law to consider you for other job opportunities, unless you have told us that you do not wish us to retain your details for such purposes. We give you the opportunity to let us know if you do not want us to use your details for these purposes at the time that you provide your details to us. To the extent permitted or required by law, VMware may delete data at any time; accordingly, you should retain your own copy of any information you submit to us. You can request deletion of your personal information at any time (see the section headed "Your Privacy Rights" for further information) and we will consider your request in accordance with applicable laws.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
Changes to this Notice
VMware will review and update this Notice periodically in response to changing legal, technical and business developments. When we update this Notice we will note the date of its most recent revision above. If we make material changes to this Notice, we may take appropriate measures to inform you in a manner that is consistent with the significance of the changes we make. We encourage you to review this Notice frequently to be informed of how VMware is protecting your information.
You are responsible for the information you provide or make available to VMware, and you must ensure it is honest, truthful, accurate and not misleading in any way. You must ensure that the information provided does not contain material that is obscene, defamatory, or infringing on any rights of any third party; does not contain malicious code; and is not otherwise legally actionable. Further, if you provide any information concerning any other person, such as individuals you provide as references ("referee"), you are responsible for providing any notices and obtaining any consents necessary for VMware to collect and use that information as described in this Notice before you provide the referee's personal information to VMware.
PART VII: HOW TO CONTACT US
If you have any questions or concerns regarding this Privacy Notice, you may write to us at firstname.lastname@example.org or by mail to: Office of the General Counsel, 3401 Hillview Ave, Palo Alto, California, 94304, USA. Please reference this Applicant Notice in your communication.