Citrix Recruitment Privacy Notice

Effective Date: January 2019

Introduction

This notice (“Notice”) describes how Citrix Systems, Inc. and its subsidiaries and related companies (collectively, “Citrix”) handle and protect your Recruitment Data, as defined below, to which Citrix is provided access in connection with the recruiting process.

For additional information about our processing activities in connection with your general use of Citrix websites and our use of cookies and similar technologies outside the scope of this Notice, please see the Citrix.com Privacy Policy.

By making available your Recruitment Data, you confirm that:

  • You have reviewed this Notice;
  • You have provided any notices and obtained any consents needed to provide information concerning others (e.g., information about employment references); and
  • Your Recruitment Data may be transferred and processed worldwide, including in the US and other countries that may not be deemed to provide the same level of data protection as your home country, for the purposes and in the manner specified in this Notice.

Citrix will process Recruitment Data in accordance with this Notice, unless in conflict with requirements of applicable law, in which case applicable law will prevail.

This Notice does not form part of any contract of employment offered to candidates hired by Citrix.>

Definitions

Recruitment Data is identifiable information that an individual makes available to Citrix in connection with the recruiting process. Recruitment Data may include a variety of information, such as candidate status, work history/job data, education, compensation, employer feedback, questionnaire results, contact information, previous addresses or names, additional information provided by the candidate (e.g., a cover letter), driver’s license number as required for certain positions, references, and criminal history where permitted by law.

Processing refers to any action performed on Recruitment Data, such as collecting, recording, organizing, storing, transferring, modifying, using, disclosing, or deleting.

Sensitive Recruitment Data is Recruitment Data concerning nationality or citizenship, race or ethnic origin, criminal history, or trade union membership. Citrix does not request or consider information concerning religion, or sexual orientation, or political opinions in connection with recruiting

Collection

You may use various electronic and paper methods to submit Recruitment Data to Citrix. In addition to collecting Recruitment Data directly from you, to the extent permitted by law, Citrix may collect Recruitment Data from third parties, for example, from recruiters, in connection with a background or employment check or an employment reference (subject to your consent where required by law), from a recruiting or other web site, or credit check.

Processing and Retention

Citrix processes Recruitment Data for legitimate human resources and business management purposes. These include identifying and evaluating candidates for Citrix positions; record-keeping related to hiring processes; analyzing the hiring process and outcomes; and conducting background checks, where permitted by law. We process Recruitment Data for these purposes because it is necessary for our legitimate interests in recruiting staff and administering our hiring processes. In addition, Recruitment Data may be used to comply with Citrix’s legal, regulatory and corporate governance requirements. If a candidate is hired, Recruitment Data may be used in connection with his/her employment in accordance with the terms of Citrix’s Internal Privacy Policy.

In addition to using Recruitment Data for the position for which you have applied, Citrix may retain and use your Recruitment Data to consider you for other positions. If you do not want to be considered for other positions or would like to have your Recruitment Data removed, you may contact Citrix as specified under Inquiries, Complaints and Objections below. Unless required for tax or other legal purposes or in connection with employment as specified above, or some other retention period is required by local law, we will retain your personal information for a period of 3 years after we have communicated to you our decision about whether to appoint you to a role to which you have applied. We retain your personal information for that period so that we can show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted our recruitment and hiring processes in compliance with applicable law.

Sharing with Third Parties

We may share your personal information internally within Citrix and/or its affiliates for the purposes described in this notice.

Citrix may transfer Recruitment Data to external third-party providers performing certain services on behalf of Citrix. Such third-party providers have access to Recruitment Data solely for the purpose of performing the services specified in the applicable service contract, and Citrix requires the providers to undertake security measures consistent with the protections specified in this Notice.

Citrix may be required to disclose certain Recruitment Data to other third parties (1) as required by law, regulation or legal process (such as a court order or subpoena); (2) to law enforcement authorities or other government officials to comply with a legitimate legal request; (3) to establish, exercise or defend our legal rights, and in connection with an investigation of suspected or actual fraud, illegal activity, security or technical issues; or (4) in an emergency where the health or safety of a candidate or other individual may be endangered. In addition, in the event of a re-organization, merger, sale, joint venture, assignment, or other transfer or disposition of all or any portion of Citrix’s business, Citrix may transfer Recruitment Data to successor entities or parties.

Sensitive Recruitment Data

Citrix may perform background and criminal checks where permitted by law, and may process other Sensitive Recruitment Data, such as citizenship or nationality information or health information, in order to evaluate a potential reasonable accommodation in the recruitment and hiring process where requested, for equal opportunity monitoring, when relevant for a position and permitted by law. We process personal data for these purposes when we are required to do so by law or if you have given your explicit consent.

If Citrix intends to collect Sensitive Personal Data from third parties, you will be provided notice and the opportunity to consent. If you have a disability and would like Citrix to consider a reasonable accommodation, you may provide that information during the recruiting process. We do not intend to collect any Sensitive Recruitment Data from you unless specifically requested for the purposes described above.

Security and Confidentiality

Citrix employs technical and organizational measures designed to protect the integrity, confidentiality, security and availability of Recruitment Data, and to comply with applicable legal requirements for information security. Citrix limits access to internal systems that hold Recruitment Data to individuals who need access for a legitimate business purpose.

Candidate Rights

You may exercise the following rights in relation to your Recruitment Data:

Access, Correction and Deletion: Citrix will provide you access to your Recruitment Data that Citrix holds to the extent required by law in your home country, regardless of the location of the Recruitment Data processing. You may request correction or deletion of that Recruitment Data, except where retention is required by your contractual relationship with Citrix, in the context of a legal dispute, or as otherwise required by law. You also may request a copy of your Recruitment Data in machine-readable format in some cases, or object to the processing of your Recruitment Data. If access, correction or deletion is denied, the reason for the denial will be communicated to you.

Automated Decisions: Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. In the event that Citrix relies solely on automated decision-making that could have a significant impact on you, Citrix will notify you, provide you an opportunity to express your views and provide any other safeguards required by law.

Inquiries, Complaints and Objections: You may withdraw consent to the processing of your Recruitment Data or submit inquiries, complaints and/or objections to the processing of your Recruitment Data by sending a request in writing to:

Melissa Ebeling
VP Talent Acquisition and Workforce Strategies
851 West Cypress Creek Road
Fort Lauderdale, FL 33309

Or by email at AskHR@citrix.com. The processes described in this Notice supplement any other remedies and dispute resolution processes provided by Citrix and/or available under applicable law.

If you are located in the EU, you also may lodge a complaint with the data protection supervisory authority in your country.

Direct Marketing

Citrix will not use Recruitment Data to offer you any products or services for personal or family consumption (“Direct Marketing”) or provide Recruitment Data to third parties for their Direct Marketing. These restrictions do not apply to contact or other personal data obtained in the context of a customer, consumer or other non-employment relationship with Citrix.

International Data Transfers

Citrix is a global organization. Accordingly, Recruitment Data may be transferred to and processed in the US and other countries that may not be deemed to provide the same level of data protection as your home country. When we transfer Recruitment Data to a country outside of your home country, we may use a variety of legal mechanisms authorized by law, including standard contractual clauses approved by the European Commission or other data transfer agreements, the EU-U.S. or Swiss-U.S. Privacy Shield, consent of the data subject. You may obtain a copy of legal mechanisms we have put in place by contacting us as described below.

With respect to transfers of personal information from the EU and Switzerland to the U.S., Citrix is certified under the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce and the European Commission regarding the transfer of personal information from the EU to the U.S., pursuant to article 45 of the GDPR (each a “Privacy Shield Framework” and collectively the “Privacy Shield Principles”). If there is any conflict between the terms of this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

Citrix is responsible for the processing of personal information it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Citrix complies with the Privacy Shield Principles for all onward transfers of personal information from the EU and Switzerland, including the onward transfer liability provisions.

With respect to personal information received or transferred pursuant to a Privacy Shield Framework, Citrix is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Citrix may be required to disclose personal information in response to lawful requests by public authorities, including to satisfy national security or law enforcement requirements. Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

In compliance with the Privacy Shield Principles, Citrix commits to resolve complaints about our collection or use of your personal information. If you have questions or complaints regarding our Privacy Policy or practices, please contact us here. [hyperlink – privacy mailbox] EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Citrix here. If you have an unresolved compliant that has not been addressed to your satisfaction, please contact or visit https://feedback-form.truste.com/watchdog/request (a U.S.-based alternative dispute resolution provider) for more information or to file a complaint. The services are provided at no cost to you.

Citrix has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU and Switzerland in the context of the employment relationship.

Changes to this Notice

Citrix reserves the right to modify this Notice by posting changes to relevant Citrix websites. If you submit additional Recruitment Data or request to be considered for a Citrix position following the effective date of a modified Notice, your Recruitment Data will be handled in accordance with the Notice in effect at that time.