Job Applicant Privacy Notice
Date of last revision: July 1, 2026
This Job Applicant Privacy Notice ("Privacy Notice") describes how MotionPoint Corporation, The Social Element LTD, and their respective subsidiaries and affiliates (collectively, the "MarketFully Group", "we", "us", "our") collects and uses Personal Information when you apply for a job or you (or an agent acting on your behalf) share your employment details with us.
This Privacy Notice explains what personal information we collect and use relating to employment and associated candidates (“you”, “your”) during the recruitment process.
We respect the privacy of individuals and are committed to handling personal information responsibly and in accordance with applicable law. This Privacy Notice sets out the types of personal information that we collect and process about you, the purposes of the processing and the rights that you may have in connection with our processing, depending on your location.
When we say “Personal Information” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. For the avoidance of doubt, Personal Information does not include data where the identity of the person has been removed (anonymous data).
This Privacy Notice addresses the following topics:
1. Categories of Personal Information We Collect About You 2
A. Categories of Personal Information 2
B. How We Collect Your Personal Information 2
C. Data that is Not Personal Information 3
D. Personal Information of Children 3
2. How We May Use Your Personal Information 3
A. Purpose and Legal Basis for Processing 3
B. How Do We Use Sensitive Personal Information 6
3. How We May Disclose Your Personal Information 6
4. How Do MarketFully Group Companies Work Together 6
5. How Do We Operate and Transfer Personal Information as Part of Our Global Business 7
6. Retention of Your Personal Information 7
7. Security of Your Personal Information 8
8. Jurisdiction Specific Information 8
A. California 8
B. European Union, United Kingdom, and Switzerland 9
C. All Other Locations 10
9. How to Exercise Your Rights 11
10. Changes to this Privacy Notice 11
11. Inquiries and Concerns 11
If you are located in the European Union, United Kingdom, or Switzerland, you should also refer to “Jurisdiction Specific Information,” below, for a description of additional information and rights that you may have. In all other jurisdictions, this Privacy Notice is provided on an informational basis only, and your rights may vary according to applicable local data privacy laws.
1 Categories of Personal Information We Collect About You
A. Categories of Personal Information
The types of Personal Information that we may collect about you include, but are not limited to, the following:
Personal details and identifiers, such as your first name, last name, preferred name, contact information (such as home address, phone number, and email address), IP address, languages spoken, and preferences and interests;
Government identification, such as government issued ID, passport, driver’s license, work permit, or visa information, including scans of government or national ID documents where applicable;
Background information, such as your employment and education history, professional licenses or certifications, referrals or references, information that the person referring you provides about you, and any other information you provide (such as information included in your resume, application or cover letter); if you are successful in your application, criminal records and background checks (to the extent permitted by applicable law);
Work preferences and expectations, such as your current and desired salary and other terms relating to compensation and benefits packages, your willingness to relocate, other job preferences and whether you are subject to any prior employer obligations, interview details, and outcomes of any recruiting exercises you complete.
Information you make publicly available, such as contact information, your education, and work experience shared via job search and professional networking sites (e.g. LinkedIn), as far as relevant to your candidacy;
Communication Information, such as communications between you and recruitment personnel, including email exchanges, phone calls, and other contact methods;
Geolocation Data, such as home address, city, postal code, and country of residence;
Sensitive Personal Information, such as your Social Security, driver's license, state identification card, or passport number; racial or ethnic origin, religious or philosophical beliefs; work permit or visa information; and health-related information, including physical or mental disability and information relating to accommodations that you may request during the recruiting process; and
Other information you voluntarily provide, such as responses to application questions, and photographs you choose to submit.
B. How We Collect Your Personal Information
We may collect the categories of Personal Information listed above from the following sources:
From you directly, for example, when you apply for a job with us, complete forms or assessments, or in the course of an interview;
From referrals, for example, information that a person referring you provides about you, including from recruitment agencies or internal referrals;
From referees and third-party screening or vetting providers, who may collect your information from publicly available sources, from you directly, or through third parties they work with;
From publicly available sources, directly or through third-party service providers, that may be relevant to your application or a potential future application (e.g., professional network profiles);
From interview recordings or transcripts generated during the recruitment or onboarding process;
From vendors and service providers, for example, recruiters and background-check providers;
From other third parties, for example, affiliated companies, professional employer organizations, or staffing agencies;
From public records, for example, court records and credentialing or licensing organizations;
Through automated technologies on our electronic resources, for example, to track logins and activity on our careers page; and
From an acquired company, if we acquire your employer, we might collect Personal Information from that employer.
We collect some information because we are required to collect it under applicable law, or need it to move forward with your application. We will tell you if information is required when we ask you to provide it. We will use any Personal Information you submit in accordance with this Privacy Notice.
C. Data that is Not Personal Information
We may create aggregated, de-identified or anonymized data from the Personal Information we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve our websites, products or services and promote our business, provided that we will not share such data in a manner that could identify you.
D. Personal Information of Children
We do not knowingly collect or solicit Personal Information about children under 18 years of age; if you are a child under the age of 18, please do not attempt to send us any Personal Information. If we learn we have collected Personal Information from a child under 18 years of age, we will delete that information as quickly as possible. If you believe that a child under 18 years of age may have provided Personal Information to us, please contact us at the email address at the end of this Privacy Notice, including in the subject line “Use of Child’s Personal Information.”
2 How We May Use Your Personal Information
A. Purpose and Legal Basis for Processing
We will process your Personal Information described above for the following purposes. Where applicable data protection law requires a lawful basis for collecting, using, and otherwise processing your Personal Information, we have identified the specific lawful basis for each processing activity below:
To consider you for, and assess your suitability for, employment opportunities with MarketFully Group.
Purpose:
to receive, review and respond to your application;
to verify the information you or others provide, and to check your references;
to conduct a pre-employment or criminal history background check, to the extent permitted by applicable law;
to verify your identity and, where relevant, your eligibility to work in a given location;
to assess your suitability for the opportunity you applied for, and in certain cases, for other opportunities at MarketFully Group;
to facilitate the interview and recruiting process;
to prepare an offer letter, if your application is successful;
to recommend potential role or team matches based on your profile; and
if you were referred, to inform the referrer of the status and final outcome of your application.
Lawful Basis for Processing:
Processing is necessary to take steps toward entering into an employment agreement with you, and for our legitimate interest in employing individuals who meet our standards. For special category data or criminal records collected during this process in the UK/EU, processing is necessary for our obligations in the field of employment (Article 9(2)(b) of the UK/EU GDPR and Schedule 1 Part 1(1) of the UK DPA 2018).
To make reasonable adjustments for you during the interview process.
Purpose:
to identify and understand any reasonable adjustments you may require during the application, interview, or assessment process;
to implement appropriate accommodations to support your participation in the recruitment process;
to communicate with you regarding any requested or agreed reasonable adjustments; and
to comply with our obligations under applicable employment and equality laws, including the Equality Act 2010, where applicable.
Lawful Basis for Processing:
Processing is necessary for us to comply with our legal obligations. Because this may involve health data, the additional legal basis we rely on relates to our obligations in the field of employment and the safeguarding of your fundamental rights (Article 9(2)(b) of the UK/EU GDPR and Schedule 1 Part 1(1) of the UK DPA 2018).
To stay in touch and engage with you.
Purpose:
in considering you for opportunities at MarketFully Group we may consider you for current and future opportunities. You can opt-out of these communications at any time; and
if you are not hired for the position you initially applied for, we may use information collected during the recruiting process to identify other openings that may interest you and to contact you about them.
Lawful Basis for Processing:
For applicants located in the EU or UK, we will only retain your information for future opportunities if we have obtained your express, prior consent, which you may withdraw at any time. For applicants in other jurisdictions, we rely on our legitimate interest in recruiting and hiring suitable personnel, and you can opt-out of these communications at any time.
For internal planning, reporting and administration of the recruitment process and candidates.
Purpose:
to prepare and perform management reporting and to perform analysis related to recruiting metrics, such as length of the recruiting process;
to create and submit reports as required by applicable law or regulation; and
to maintain records of our hiring process and interactions with you, for example by generating recordings, summaries and transcripts of our meetings with you.
Lawful Basis for Processing:
Processing is necessary for our legitimate interests in recruiting suitable personnel and managing related activities, and for compliance with our legal obligations.
To protect the rights and property of MarketFully Group, its users, applicants, candidates, employees or the public as required or permitted by law.
Purpose:
to defend your or our interests in actual or threatened legal proceedings, or regulatory, administrative, or legislative inquiries or investigations;
to maintain the safety, integrity, and security of MarketFully Group, its employees and other members of staff, and others as required or permitted by law, including but not limited to conducting background checks;
to protect the health and safety of employees and others in our offices to the extent permitted by applicable law; and
to comply with laws and regulations or court orders, such as by responding to regulators, subpoenas, or other requests we are required to comply with, or taking necessary actions to fulfill legal obligations.
Lawful Basis for Processing:
Processing is necessary for compliance with our legal obligations, and for our legitimate interests in maintaining security and preventing fraud.
If you do not provide requested information, we may not be able to consider you for employment. Our processing of your Personal Information is also necessary to pursue our legitimate interest in recruiting and hiring suitable personnel and related activities. If you accept an offer from us, we process your information for background verification (to the extent permitted by applicable law) and to verify your eligibility to work in the jurisdictions in which we operate. We will provide further information regarding this processing at the start of the background verification process.
B. How Do We Use Sensitive Personal Information
In certain jurisdictions, certain types of Personal Information are considered sensitive. Sensitive Personal Information is a subset of Personal Information. We may use Sensitive Personal Information, in the context of your candidacy for employment at MarketFully Group. Our business purposes for collecting this information include, but are not limited to, the following:
to perform services reasonably expected by an individual in the context of their candidacy for employment;
to ensure the physical safety of natural persons;
to verify your eligibility to work in a specific location;
to conduct background verifications (to the extent permitted by applicable law); and
to verify or maintain the quality or safety of our workplace.
3 How We May Disclose Your Personal Information
We may share your Personal Information with our affiliates, group companies, and trusted third-party service providers who support our recruitment and hiring activities, including: recruitment service providers; vendors facilitating interviews and assessments; applicant tracking system and candidate-engagement vendors; immigration advisors, including lawyers and consultants; reporting and analytics providers; pre-employment screening and background-check vendors; and health and safety vendors. These parties process Personal Information only for legitimate business purposes and, where acting on our behalf, in accordance with our instructions and applicable law. Within MarketFully Group, your Personal Information will only be shared with those who need to have access to it, which will primarily be our human resources personnel and hiring managers.
We require these third parties to protect the Personal Information they receive with appropriate security measures and to treat it in accordance with applicable privacy laws.
We do not sell any of your Personal Information nor have we used such information for targeted advertising purposes. Your Personal Information may be transferred to or accessed from countries outside the country in which it was collected; see “How Do We Operate and Transfer Personal Information as Part of Our Global Business” below.
We also disclose your Personal Information to:
referees identified by you, with your consent;
regulators, law enforcement or other third parties in order to respond to legal requests and prevent harm.
new owners if all or part of our services or assets are sold or transferred; and
MarketFully Group companies.
4 How Do MarketFully Group Companies Work Together
The MarketFully Group companies share infrastructure, systems and technology to process your Personal Information, to ensure efficiency and security, as permitted by applicable law, and in accordance with this Privacy Notice. For example, MarketFully Group recruiters collaborate globally to connect individuals with the right opportunities.
5 How Do We Operate and Transfer Personal Information as Part of Our Global Business
We share Personal Information globally, both internally within MarketFully Group companies, and externally with our third-party vendors. Personal Information we collect and process will be transferred to, or stored, or otherwise processed in, the European Union or other countries outside of where you live for the purposes as described in this Privacy Notice. These data transfers are necessary for our business operations.
Where required by applicable law, we implement appropriate safeguards for these transfers. For example, if you are located in the European Union, or Switzerland, we rely on Standard Contractual Clauses. If you are located in the United Kingdom, we rely on the International Data Transfer Agreement ("IDTA") or the UK Addendum to the EU SCCs.
If you are located in a jurisdiction with additional restrictions on cross-border data transfers, we may rely on your consent or another mechanism permitted under applicable law for the transfer of your Personal Information outside your country of residence.
The destination countries may or may not have protection standards similar to those where you live. We will take reasonable steps to ensure that any Personal Information transferred abroad is transferred according to the standards required under applicable law in your home jurisdiction, including by asking relevant third parties to undertake that they will provide the level of protection required under those applicable laws.
6 Retention of Your Personal Information
We retain your Personal Information only for as long as is reasonably necessary to fulfill the business purposes described in this Privacy Notice. The specific retention period depends on the nature of the Personal Information, the purpose for which it was collected, and the legal and business requirements applicable to that information.
The factors we consider when determining the length of time to retain Personal Information include:
the business purpose for collecting each category of Personal Information;
whether to consider you for other current and future employment opportunities within MarketFully Group;
whether we need to retain the information to comply with applicable legal, regulatory, tax, accounting, or reporting obligations, or in connection with a legal request or obligation, governmental investigation, investigation of possible policy violations, or to prevent harm;
whether we need the information to establish, exercise, or defend legal claims, resolve disputes, or enforce our contractual or legal rights; and
whether we need the information for other legitimate purposes, such as to prevent harm, promote safety, security and integrity, or protect our rights, property, or personnel.
Unless a longer or shorter retention period is required or permitted by applicable law, we generally retain Personal Information relating to applicants who are not hired for one (1) year after the hiring decision is made. We may retain your Personal Information for a longer period if you ask us to consider you for future employment opportunities, or where necessary to comply with legal obligations, establish, exercise, or defend legal claims, or otherwise as permitted by applicable law. We may delete your information sooner if you request deletion and we are not required to retain it.
If you are successful in your application for a position at MarketFully Group and choose to accept a position, we retain the Personal Information you provide during the application process, and information about your application process, as part of your employee personnel file, for the duration of your employment and thereafter in accordance with applicable law.
7 Security of Your Personal Information
We follow generally accepted industry standards to protect your Personal Information under our control. We implement and maintain appropriate physical, technical, administrative and organizational safeguards to protect your Personal Information and prevent unauthorized access, collection, use, disclosure, copying, modification, disposal, loss or similar risks, taking into account the sensitivity, amount, distribution, and format of the information, and the method of storage.
8 Jurisdiction Specific Information
The following jurisdiction specific information may apply to you based on where you reside or are located:
A. California
This section applies only to individuals who reside in the state of California (“California residents”).
California Notice at Collection
We collect the categories of Personal Information identified above under “Categories of Personal Information We Collect About You,” for the purposes identified above under “How We May Use Your Personal Information,” and retain Personal Information for the periods described above under “Retention of Your Personal Information.” We do not, and will not, sell your Personal Information or disclose it to third parties for cross-context behavioral advertising. We also do not collect or process Sensitive Personal Information for the purpose of inferring characteristics about you.
Additional Information Regarding Disclosures of Personal Information
The California Privacy Rights Act (“CPRA”) requires that we provide you with the following information about disclosures of your Personal Information to third parties for “business purposes,” as that term is defined in the CPRA:
Service providers: we may disclose to service providers any of the categories of Personal Information they collect for the business purpose of performing services on our behalf, in particular for the purposes described above under “How We May Use Your Personal Information.”
Auditors, lawyers, consultants, and accountants engaged by MarketFully Group: we may disclose the categories of Personal Information listed above to these service providers or contractors for the business purpose of auditing compliance with policies and applicable law, in addition to performing services on our behalf.
Affiliated companies: MarketFully Group may disclose any of the categories of Personal Information listed above to other companies within the MarketFully Group family for the business purposes set forth herein, including (a) auditing compliance with policies and applicable law, (b) helping ensure security and integrity, (c) debugging, (d) short-term transient use, (e) internal research, and (f) activities to maintain or improve the quality or safety of a product or service.
No Sales or Sharing
We do not sell or “share” (disclose for cross context behavioral advertising) your Personal Information.
Your California Privacy Rights
Subject to applicable exceptions, California residents have the following rights under the CPRA
Right to Know: you have the right to submit a verifiable request for specific pieces of your Personal Information and for information about our collection, use, and disclosure of categories of your Personal Information.
Right to Delete: you have the right to submit a verifiable request to delete Personal Information that we have collected from or about you.
Right to Correct: you have the right to submit a verifiable request to correct inaccurate Personal Information about you that we maintain, taking into account the nature of the Personal Information and the purposes of processing.
Non-Discrimination
We will not unlawfully discriminate against you for exercising your privacy rights under the CPRA.
How to Exercise Your California Privacy Rights
We will respond to a request to know, delete, or correct in accordance with applicable law if we can verify the identity of the requestor. You can exercise these rights by:
For inquiries relating to MotionPoint Corporation, please contact us at privacyofficer@motionpoint.com, with the subject line: “Privacy Notice Inquiry.”
For inquiries relating to The Social Element Limited, please contact us at dataprotection@thesocialement.agency, with the subject line: “Privacy Notice Inquiry.”
completing the request form available under “How to Exercise Your Rights,” below.
B. European Union, United Kingdom, and Switzerland
This section applies only if our collection, or your provision, of Personal Information under this Privacy Notice is subject to European Union (EU), United Kingdom (UK), or Swiss data privacy law, such as the EU GDPR or the UK or Swiss equivalent.
The specific MarketFully Group entity you are applying to is the data controller of your Personal Information. For applicants applying to the UK registered The Social Element Limited, The Social Element Limited is the data controller (ICO Registration Reference: ZAO4543).The types of Personal Information we collect, and our legal bases for doing so, are set out above.
Your Rights
You may have the right to access the Personal Information we hold about you and to control the way in which and what Personal Information we store and process about you, as set out below. To exercise these rights, please see “How to Exercise Your Rights,” below.
Access: you have the right to ask for a copy of the Personal Information that we hold and process about you free of charge; however, we may charge a reasonable fee if we consider your request excessive, to help cover the costs of locating the information requested.
Correction: you may notify us of changes to your Personal Information if the information we hold and process about you is inaccurate or needs to be updated.
Deletion: if you believe we should no longer be holding or processing your Personal Information, you may request that we delete it. The right to deletion is not absolute and may not always be possible, including where we must retain Personal Information to comply with a legal obligation, or where deletion would prevent us from fulfilling the purposes described in this Privacy Notice.
Restrictions on use: you may request that we stop processing your Personal Information (other than storing it) if: (i) you contest its accuracy (until accuracy is verified); (ii) you believe the processing is unlawful; (iii) you believe we no longer need your Personal Information for the purposes for which it was collected, but you still need it to establish or defend a legal claim; or (iv) you object to the processing and we are verifying whether our legitimate grounds override your own rights.
Object: you have the right to object to processing, including for (i) direct marketing; (ii) research or statistical purposes; or (iii) processing based on legitimate interests.
Portability: if you wish to transfer Personal Information that we hold and process about you on the legal ground of contractual necessity to another organization (and certain conditions are satisfied), you may ask us to do so, and we will send it directly if we have the technical means.
Withdrawal of consent: if you previously gave us consent (by a clear affirmative action) to process your Personal Information for a particular purpose not otherwise specified in this Privacy Notice, you may withdraw that consent at any time by contacting us.
More on the Right to Lodge a Complaint: if you are located in the EU, Switzerland, or UK and believe your Personal Information has been processed in violation of applicable data privacy law, you may follow the “How to Exercise Your Rights” process below, and you also have the right to lodge a complaint with the competent supervisory authority in the country where you reside, where you work, or where the alleged violation occurred.
C. All Other Locations
To the extent provided by applicable law and subject to any relevant exceptions, you may be able to exercise the following rights, and any other rights afforded under applicable law:
Access: the right to request access to your Personal Information maintained by MarketFully Group.
Rectification: the right to request that MarketFully Group update or correct your Personal Information that is outdated or inaccurate.
Deletion: the right to request that MarketFully Group delete or erase your Personal Information.
Restrict Processing: the right to request restriction of processing of your Personal Information in certain situations, such as while a dispute concerning its accuracy is being resolved.
Withdraw Consent: the right to withdraw your consent to the processing of your Personal Information at any time, where you previously consented to that processing.
Any withdrawal of consent will not affect the lawfulness of processing based on your consent before its withdrawal, and MarketFully Group will continue to retain the Personal Information you provided before withdrawal for as long as allowed or required by applicable law. If you believe your Personal Information has been processed in violation of applicable data privacy law, you may also have the right to lodge a complaint with the data protection authority where you live, where you work, or where you believe the violation occurred.
9 How to Exercise Your Rights
To exercise the rights described above, you or your validly appointed authorized agent (“Agent”) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Information, and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it (a “Valid Request”). We may not respond to requests that do not meet these criteria. We will only use Personal Information provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.
We will work to respond to your Valid Request within the timeframe provided by the laws applicable to your location. You may submit a Valid Request by completing this Form, or, in the case of California residents, by calling +1-954-421-0890. If we cannot verify your identity to a sufficient level of certainty to respond securely to your request, we will let you know promptly and explain why.
You may also authorize an Agent to exercise your rights on your behalf by providing your Agent with written permission to do so; we may request a copy of this written permission when your Agent makes a request on your behalf.
We will respond to requests to exercise individual data rights in accordance with applicable law. We will recognize any additional rights you may have under applicable law, but we may not grant you more rights than applicable law provides.
10 Changes to this Privacy Notice
We may change this Privacy Notice from time to time, as required, or in our discretion. If we make any material changes to this Privacy Notice, we will post the changes on this page and take any other steps required by applicable law.
In addition to this Privacy Notice, we may provide you with other specific notices at or before the time of data collection.
11 Inquiries and Concerns
If you have additional questions or concerns about this Privacy Notice, the practices described above, or if you wish to exercise your privacy rights:
Depending on your location, you may also have alternative ways to reach us, as described above.
