EU APPLICANT NOTICE

Introduction. The ZeniMax group entities (collectively referred to hereinafter as “ZeniMax”, “we” or “us”) value the privacy of job applicants. For applicants in the EU, the controller of your personal data is the ZeniMax group employing entity for the job(s) for which you are apply, as well as ZeniMax Europe Limited (EU representative for ZeniMax group) and ZeniMax Media Inc. (the parent company of the ZeniMax group). 

Scope. This Applicant Privacy Notice (“Notice”) applies to our processing of personal data about ZeniMax job applicants (“applicants” or “you”) in Canada, Australia and the European Union (including the United Kingdom), and describes how we collect, use and process personal data collected about such job applicants. The Notice only applies to our processing of personal data from external job applicants; our processing of personal data about employees or individuals with whom we have made an offer of employment is subject to the ZeniMax Employee Privacy Notice (separately provided where applicable). We encourage you to carefully read this Notice, together with any other privacy notice or policy we may provide on specific occasions.  

Purposes and legal bases for use of personal data
. We collect and use your personal data in accordance with applicable privacy and data protection laws. When you create a profile on our job portal, apply for a position with us or otherwise provide us information related to a position with us, we will collect and use your personal data as set forth in this section. The personal data marked mandatory on your profile and application are required for us to assess your application for employment. Failure to provide any mandatory information will mean that we cannot carry out certain processes and may not be able to fully consider your application. For example, if you do not provide us with your contact information or proof of qualifications, we will not be able to properly consider you for the job(s) for which you have applied.  

To administer and consider your application and qualifications.  We will use your personal data to:  
  • Administer and manage your application process
  • Assess your skills, qualifications and your suitability for our career opportunities
  • Verify that the information you have provided is true and accurate
  • Conduct background checks and screenings (to the extent permissible under applicable law)
  • Communicating with you and providing you with information regarding potential career opportunities

EU/UK Legal Bases.  For applicants in the European Union and the United Kingdom, we use your personal data for the above purposes under the following legal bases:

  • in order to take steps to assess your suitability for the vacancy prior to entering into an employment contract (necessity for hiring decisions)
  • where it is necessary to serve our legitimate interests, and your interests and fundamental rights do not override those interests. Legitimate interest, as used herein, means our interest to hire qualified and appropriate people, to assess your working capacity, to find the right candidate for future vacancies and to secure, defend and develop our business
 
Compliance and legal obligations.  We will also process personal data for purposes of:  
  • Dealing with legal disputes and to establish, exercise and defend (potential) legal claims
  • Complying with our legal obligations and legal process

EU/UK Legal Bases.  For applicants in the European Union and the United Kingdom, we use your personal data for the above purposes under the following legal bases:

  • where we need to comply with a legal obligation under EU, EU Member State, or UK law to which we are subject
  • where processing is necessary for the purposes of carrying out the obligations and exercising the rights of you or ZeniMax in the field of employment law, social security and social protection law and there is no reason to believe that you have an overriding legitimate interest in not processing the Data
 
Your consent.  We will also process your personal data for other purposes, with your consent, such as where you consent to our processing of your personal data in order to consider you for future positions. If you are in the EU or UK, where our processing is based on your consent, we will obtain your free and explicit consent; you may withdraw your consent at any time as set forth in the “Your Rights” section below.  

Retention of your personal data.  We retain your personal data for as long as required to satisfy the purpose for which we have collected and use your personal data. For EU and UK individuals, we usually retain your personal data for up to 12 months after the position(s) you have applied to are filled or closed. However, we may retain personal data for additional periods of time where necessary for our legal obligations or to establish or defend a legal claim.    

Disclosure and transfer of your personal data.  For the purposes listed under section 3 above, we may share your personal data on a need to know basis with colleagues or our affiliated entities (including Microsoft Corporation and the Activision Blizzard group companies[DB1] ) due to their function within ZeniMax or the relevant affiliated entities (both in the country where you work and in other countries in which we or our affiliates have operations, including to countries outside the EEA/UK). This includes transfers to ZeniMax Media Inc., our U.S. parent company (Microsoft), our affiliated entities (including the Activision Blizzard group companies[DB2] ) and to vendors and suppliers we use to process data on our behalf, successors in title of our business in case of a corporate transaction and competent regulatory authorities, enforcement authorities and other governmental agencies.  

ZeniMax takes all reasonably necessary steps to ensure that your personal data is shared and treated securely and in accordance with this policy and applicable legislation. For transfers of your personal data within our group of companies and affiliated entities, we maintain intragroup data transfer arrangements based on the European Commission’s Standard Contractual Clauses (“SCCs”). Where legally required, we will also enter into SCCs or equivalent means with parties outside our group of companies. You are entitled to receive a copy of any documentation showing that appropriate safeguards have been taken to protect your personal data included in the disclosures and transfers mentioned by emailing applicantprivacy@zenimax.com.

Your rights.  Subject to the conditions set forth in the applicable law you have the following rights with regard to our processing of your personal data:  
  • Right to access, correct and delete your personal data - You have the right to request access to any of your personal data that ZeniMax may hold, and to request correction of any inaccurate data relating to you. You furthermore have the right to request deletion of any irrelevant personal data we hold about you. ZeniMax will take steps to maintain accurate and correct personal data; however, you are responsible for notifying us of relevant changes in personal circumstances (for example, change of address or phone number, etc.) so that we can update your personal data as necessary. 
  • Right to withdraw consent - in the event your personal data is processed on the basis of your consent, you have the right to withdraw consent at any time by emailing your withdrawal request to applicantprivacy@zenimax.com; this will not affect the lawfulness of processing based on your consent before it was withdrawn.  
  • Data portability - to the extent that we use your personal data for the performance of the employment contract, and that personal data is processed by automatic means, you have the right to receive all such personal data which you have provided to ZeniMax in a structured, commonly used and machine-readable format, and also to require us to transmit it to another data controller where this is technically feasible.
  • Right to restriction of data use - you have the right to restrict our use of your personal data where (i) you contest the accuracy of the personal data; (ii) the use is unlawful but you do not want us to erase the data; (iii) we no longer need the personal data for the relevant purposes, but you require them for the establishment, exercise or defense of legal claims; or (iv) you have objected to data use justified on our legitimate interests pending verification as to whether ZeniMax has indeed compelling interests to continue the relevant data use.
  • Right to object - to the extent that we are relying on our legitimate interests to use your personal data, you have the right to object to such use, and we must stop such processing unless we can either demonstrate compelling legitimate grounds for the use that override your interests, rights and freedoms or where we need to process the data for the establishment, exercise or defense of legal claims.
  • Lodge a complaint - You also have the right to lodge a complaint with a supervisory authority, in particular in your Member State of residence, if you consider that the collection and use of your personal data infringes this Notice or applicable law.

Please contact applicantprivacy@zenimax.com for more information about your rights or to exercise any of your rights,

More Information.  If you have any questions or concerns regarding our use of your personal data, please contact your local Human Resources representative or applicantprivacy@zenimax.com.