The OpenTable or KAYAK entity to which you are applying for employment (“OpenTable” or “KAYAK” or “we” or “our” or “us“) provides this Job Applicant Privacy Notice (“Notice“) to explain our practices regarding the collection, use, and other processing of certain individually identifiable information about job applicants or other potential employees of OpenTable or KAYAK (“Recruiting Data“).

CATEGORIES OF PERSONAL DATA

The categories of Recruiting Data OpenTable or KAYAK collects and processes include, but are not limited to, the following:

• identification data: your name, User ID and password (if you apply through our recruiting website), citizenship, and date of birth;
• contact data: your home addresses, telephone numbers, and email addresses;
• recruitment data: information regarding previous work experience (including references from previous employers), qualifications and work history, educational background, language skills, professional skills and talents, professional memberships, community involvement, geographic mobility interests and reports from executive search or employment firms (where applicable) and, if you are an internal candidate, performance and compensation information.
• interview notes; and
• communication details: email and content.

In addition, OpenTable or KAYAK collects, processes and uses the following special categories of Employee Data about you in connection with the recruiting and hiring activities (collectively, “Sensitive Employee Data“):

• equal opportunities information (e.g., demographic information which may include racial or ethnic origin, philosophical, religious or similar belief, political opinion, sexual orientation, and relevant special categories of data) for compliance with equal opportunities policies and legislation, to the extent you choose to provide it; and
• unlawful or objectionable behavior (i.e., background check information to the extent permitted by applicable law) to enable us to assess an employee’s suitability for employment.

PURPOSES AND BASIS FOR PROCESSING RECRUITING DATA

Recruiting Data is collected, processed, and used for the following purposes (collectively, “Processing Purposes“):

• recruiting and hiring activities, including administering your recruitment, making a hiring decision (including assessing qualification and tracking candidates during the application process, and carrying out interviews), and completing the hiring process in case you should be offered and accept a position with OpenTable or KAYAK (including activities related to on-boarding and the new hire process)
  Categories of Recruiting Data Involved: identification data, contact data, recruitment data, interview notes, communication details and, for internal candidates, performance and compensation information
• complying with laws and employment-related requirements, along with the administration of those requirements, such as employment and immigration laws
  Categories of Recruiting Data Involved: identification data, contact data, recruitment data, and interview notes
• responding & complying with requests/ legal demands from regulators or other authorities in or outside of your country of residence
  Categories of Recruiting Data Involved: identification data, contact data, recruitment data, interview notes, and communication details
• communicating with you, within the OpenTable or KAYAK group, and/or with third parties (such as government officials)
  Categories of Recruiting Data Involved: identification data, contact data, recruitment data, interview notes, and communication details

OpenTable or KAYAK relies on the following legal grounds for the collection, processing, and use of Recruiting Data:

• taking steps at your request (i.e., following your application, prior to entering into a potential employment contract with you);
• performance of the contract with you for the usage of our recruiting website;
• legitimate interest of OpenTable or KAYAK, OpenTable or KAYAK’s affiliates, or other third parties (such as recruiting agencies) where the legitimate interest could be in particular group-wide information sharing, or potential merger and acquisition activities;
• consent, as permitted by applicable law;
• compliance with legal obligations, in particular in the area of labor law, social security, and data protection law, tax law, and corporate compliance laws;
• protection of the vital interests of you or of another individual; and
• performance of a task carried out in the public interest or in the exercise of official authority vested in OpenTable or KAYAK.

The provision of Recruiting Data as described in this Notice is partly a statutory requirement, and partly a requirement to carry out the recruitment and hiring process with you. In general, you are obliged to provide the Recruiting Data, except in limited instances when we indicate that certain information is voluntary. Not providing the Recruiting Data may prevent OpenTable or KAYAK from carrying out recruiting and hiring activities.

CATEGORIES OF RECIPIENTS

OpenTable or KAYAK may transfer your Recruiting Data to third parties for the Processing Purposes as follows:

• Group companies: As part of our global structure, compliance operations or certain regional or global departments may be located at our other group companies. Therefore, other entities within our global group of companies, including our parent entity in the United States, and its parent, Booking Holdings, Inc., and their group entities may receive Recruiting Data as necessary for the Processing Purposes, in particular to conduct recruiting and hiring activities, and respond to and comply with requests and legal demands.
• Acquiring or acquired entities: If the OpenTable or KAYAK business for which you are seeking employment is sold or transferred in whole or in part or if OpenTable or KAYAK is acquiring and integrating another entity into the OpenTable or KAYAK business for which you are seeking employment (or any similar transaction is being contemplated), your Recruiting Data may be transferred to the other entity (e.g., the new potential employer, the new acquired entity, or potential new acquired entity) prior to the transaction (e.g., during the diligence phase) or after the transaction, subject to any rights provided by applicable law, including jurisdictions where the other entity is located.
• Data processors: Certain third parties, whether affiliated or unaffiliated, may receive your Recruiting Data to process such data under appropriate instructions (“Data Processors“) as necessary for the Processing Purposes, in particular to conduct recruiting and hiring activities, comply with applicable laws and employment-related requirements, and other activities. The Data Processors will be subject to contractual obligations to implement appropriate technical and organizational security measures to safeguard the Recruiting Data, and to process the Recruiting Data only as instructed.

Such recipients might be located in countries which do not adduce an adequate level of protection from a European data protection law perspective. OpenTable or KAYAK will take all necessary measures to ensure that transfers out of the EU are adequately protected as required by applicable data protection law. With respect to transfers to countries not providing an adequate level of data protection, we may base the transfer on appropriate safeguards, such as standard data protection clauses adopted by the European Commission or by a supervisory authority, approved code of conducts together with binding and enforceable commitments of the recipient, or approved certification mechanisms together with binding and enforceable commitments of the recipient. You can request a copy of the appropriate safeguards by contacting us as set out in Section VI (Questions) below.

Any access to your Recruiting Data is restricted to those individuals that have a need to know in order to fulfill their job responsibilities.

OpenTable or KAYAK may also disclose your Recruiting Data as required or permitted by applicable law to governmental authorities, courts, external advisors, and similar third parties.

RETENTION PERIOD

Your Recruiting Data is stored by OpenTable or KAYAK and/or our service providers, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the information is collected, in accordance with our policies and applicable data protection laws. When OpenTable or KAYAK no longer needs to use your Recruiting Data, we will remove it from our systems and records and/or take steps to properly anonymize it so that you can no longer be identified (unless we need to keep your information to comply with legal or regulatory obligations to which OpenTable or KAYAK is subject). If you accept an offer from OpenTable or KAYAK, your Recruiting Data will be retained for the duration of your employment with OpenTable or KAYAK in accordance with our policies and applicable law.

YOUR RIGHTS

If you have declared your consent regarding certain types of processing activities, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.

Pursuant to applicable data protection law you may have the right to: (i) request access to your Recruiting Data; (ii) request rectification of your Recruiting Data; (iii) request erasure of your Recruiting Data; (iv) request restriction of processing of your Recruiting Data; (v) request data portability; (vi) object to the processing of your Recruiting Data. Please note that these rights might be limited under the applicable national data protection law.

(i) Access: You may have the right to obtain from us confirmation as to whether or not Recruiting Data concerning you is processed, and, where that is the case, to request access to the Recruiting Data. The access information includes the purposes of the processing, the categories of Recruiting Data concerned, and the recipients or categories of recipient to whom the Recruiting Data have been or will be disclosed. However, this is not an absolute right and the interests of other individuals may restrict your right of access. You may have the right to obtain a copy of the Recruiting Data undergoing processing. For further copies requested by you, we may charge a reasonable fee based on administrative costs.

(ii) Rectification: You may have the right to obtain from us the rectification of inaccurate Recruiting Data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete Recruiting Data completed, including by means of providing a supplementary statement.

(iii) Erasure (right to be forgotten): Under certain circumstances, you may have the right to obtain from us the erasure of Recruiting Data concerning you and we may be obliged to erase such Recruiting Data.

(iv) Restriction of processing: Under certain circumstances, you may have the right to obtain from us restriction of processing your Recruiting Data. In this case, the respective data will be marked and may only be processed by us for certain purposes. As OpenTable or KAYAK processes and uses your Recruiting Data primarily for purposes of carrying out the contractual recruitment relationship with you, OpenTable or KAYAK will in principle have a legitimate interest for the processing which will override your restriction request,

(v) Data portability: Under certain circumstances, you may have the right to receive the Recruiting Data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit the data to another entity without hindrance from us.

(vi) Object: Under certain circumstances, you may have the right to object, on grounds relating to your particular situation, at any time to the processing of your Recruiting Data by us and we can be required to no longer process your Recruiting Data.

You also have the right to lodge a complaint with the competent data protection supervisory authority.

To exercise your rights please contact us as stated in the “Questions” section below.

QUESTIONS

If you have any questions about this Notice or your rights, please contact RecruitingOps@kayak.com or RecruitingOps@opentable.com .

Effective Date: 16 January 2019