A. Personal Data

As permitted by applicable law in the country from which you access our Website and use our Services, we may collect, use, store and transfer different kinds of Personal Data about you. We have grouped these into the following categories of Personal Data:

• “Identity Data” such as first name, maiden name, last name, resume/CV, Social Media profile, username or similar identifier, and profile photo.
• “Contact Data” such as physical address, email address, social media address, telephone number, and any other contact information you provide to us.
• “Financial Data” such as payment card details. However, please note that payment methods (e.g., credit card number and/or PayPal and/or bank account details) are not collected by us directly, but by secure payment service providers.
• “Transaction Data” such as details about payments to and from you, and details regarding the services that you have subscribed to or purchased through a Havana Website.
• “Technical Data” such as Device IDs, your login data, access dates and times, browser type and version, device information, cookie data, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Website.
• “Profile Data” such as your username and password, orders made by you, preferences, user-generated content, job searches, candidate searches, job applications, feedback and survey responses.
• “Business Information” such as job title, company name, company location, number of employees at the company, and other company-level data.
• “Usage Data” such as information about how you use our Website, products and services.
• “Marketing and Communications Data” such as your preferences in receiving marketing from us and our third parties and your communication preferences.

B. Non-Personal Data

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your Personal Data but is not considered Personal Data since it does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature.

C. If You Fail to Provide Personal Data Where Such Data is Required to Provide Services to You

Where we need to collect Personal Data by law, or under the terms of a contract we have with you, or a prospective contract, and you fail to provide that Personal Data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). If so, we may have to cancel the service you have with us (or have requested from us), and you accept that as a condition of service.

D. Data That You Should Not Provide to Us

Havana does not require any Special Categories of Personal Data about you in order for you to utilize the Havana Website. If you are submitting your resume to our database or sharing your resume with a prospective employer directly using a job application feature on the Havana Website, please carefully consider the information that is contained within your resume and ensure that you are not providing any sensitive or other information that is not necessary for your job application or job search.. Before submitting any information, either in your resume or otherwise to a prospective employer or recruiter, please also review the section entitled “Interactions with Other Users; Scams, Confidentiality” contained in our Terms of Use.

A. Direct Interaction with Us

You may give us your Identity Data, Contact Data, Financial Data, Profile Data, and other information by filling in forms or by corresponding with us by post, phone, e-mail or otherwise. This includes Personal Data you provide when you:

• sign-up for a free trial
• sign-up for a paid subscription
• create an account on our Website
• request information to be sent to you
• submit your resume/CV to our resume database
• give us feedback
• apply to a job posted on our Website
• sign up for email or SMS job alerts
• authorize Havana to connect your account to the account of a "Connected Site" (e.g., Google, LinkedIn, Monster, Facebook or Twitter), we may be able to access information you have provided to the Connected Site, such as profile information, content information, timeline feeds, contact and follow lists, network statistics, and/or updates regarding your Connected Site account

B. Automated Technologies or Interactions

As you interact with our Website, we may automatically collect Technical Data and Usage Data about your equipment, browsing actions and patterns. We collect this Personal Data and Non-Personal Data by using cookies, server logs and other similar technologies. We may also receive Technical Data and Usage Data about you if you visit other websites employing our cookies and other Tracking Technologies (defined below). For more information regarding our use of Tracking Technologies, please refer to “Cookies and Similar Technologies” below.

C. Third Parties

We may receive Personal Data in the form of Technical Data and Usage Data about you from various third parties, such as analytics providers or advertising networks. If you are a Client, we may receive additional Business Information from third-party sources to supplement the Business Information you provide. For non-users, we may also receive Business Information and Contact Data from third-party sources.

D. Havana as a Service Provider (Data Processor)

In certain instances, our clients hire Havana to provide services on behalf of the client. In such cases, we process Personal Data under the direction of that client (the data controller) and have no direct relationship with the individuals (data subjects) whose Personal Data we process.

Where Havana processes your Personal Data in the capacity of a service provider (data processor), and you seek access, or want to correct, amend, or delete your Personal Data, or have other request, we will provide you with the data controller’s contact information, so you can contact them directly. In rare instances, however, circumstances may necessitate Havana assisting you with your question or request.

For example, some clients hire Havana to send job alert emails to their job seekers who have requested job alert emails from such clients. In these cases, Havana acts as a service provider (i.e., data processor) to the client, who is the data controller. When Havana provides services in the capacity of a service provider, it acts under the instructions and at the direction of such client (i.e., the data controller). In the foregoing example, if you are a job seeker who has requested job alert emails from one of our clients, the client will provide us certain Personal Data about you (such as your name, email address, the type of job you want, and your preferred geographic location) to ensure that the job alert emails meet your search criteria. If you have questions or requests about your Personal Data with respect to the job alert emails, we will provide you with the data controllers contact information so that you can contact the data controller directly.

A. Use of Non-Personal Data

Where permitted by applicable law, we may use your Non-Personal Data for any purpose not prohibited by applicable law or inconsistent with this Privacy Policy or any written representation we have made to you at the point and time of the data collection.

B. Use of Personal Data

We will only use your Personal Data to provide services directly to you (in our capacity as a data controller) and/or to provide services to you on behalf of our clients (in our capacity as a service provider/data processor), except as otherwise described in this Privacy Policy or with your consent.

In the table below, we have described (i) in what context your Personal Data was collected, i.e., what activity you were involved in when we collected or used your Personal Data; (ii) the types of Personal Data that we hold about you; (iii) how and why we use your Personal Data; and (iv) the reasons we hold and use your Personal Data. We will amend the table as required. We have also provided you with an explanation of some of the terms we use in this table:

We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions and this Privacy Policy.

A. Personal Data

We may share Personal Data with the following parties:

Havana, Inc. is headquartered in the United States of America (USA). The information that you provide or that we collect as a result of your interaction with the Website and/or your use of our Services is transferred to the USA and/or to another country where we have a subsidiary or where we have engaged service providers. As a result, your personal data may be subject to data protection and other laws that may differ from your country of residence. Your personal data may be disclosed in response to inquiries or requests from governmental or regulatory authorities in the countries in which we and/or our service providers operate.

Different retention periods apply for different types of Personal Data and in determining the appropriate retention period, we consider several criteria, including, but not limited to, the purpose for which we hold your Personal Data, our legal, accounting, reporting and/or regulatory obligations in relation to that Personal Data, (e.g., financial or tax reporting obligations), whether our relationship with you is ongoing (e.g., where you use more than one of our products and/or services), any specific request you may have made in relation to the deletion of your Personal Data, or where we have a legitimate interest in relation to the management of our own rights (e.g., the defense of any claims). In some circumstances we may anonymize your Personal Data so that it can no longer be associated with you, in which case we may use such information without further notice to you.

Once you no longer have a relationship with us, we will retain or securely delete or destroy your Personal Data subject to the foregoing and in accordance with applicable laws and regulations. If you request to receive no further contact from us, we will keep some basic information about you on our suppression list in order to avoid sending you unwanted materials in the future.

We respect your privacy rights and provide you with reasonable access and rights to the Personal Data that you may have provided through your use of the Services, in accordance with applicable law.

A. Data Subject Rights

Depending on applicable law, you may have the following rights with respect to your Personal Data:

If you have any complaints about how Havana handles Personal Data, please send an email to support@letshavana.com, and identify the specific website to which your request relates. We welcome the opportunity to help you with any concern or questions you may have about the use of our services, and we will respond to your request within a reasonable timeframe.

For residents located in Nevada: Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: support@letshavana.com. However, please know Havana does not currently sell data triggering the opt-out requirements under Nevada Revised Statutes Chapter 603A.

For residents located in Virginia: If required by Virginia’s Consumer Data Protection Act, Va. Code Ann. § 59.1-571 et seq., and its implementing regulations (collectively, the “CDPA”), Virginia residents also have the right to: (i) opt out of processing of Personal Data for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects (if such profiling occurs); and (ii) appeal any decision by Havana not to take an action relating to your CDPA rights by sending an email to support@letshavana.com.

For data subjects located in Canada: If you are not satisfied with how we have handled your matter, you may wish to contact the Office of the Privacy Commissioner of Canada (OPC). Residents of Alberta may also obtain information regarding Havana’s policies and practices with respect to its non-Canadian service providers by sending an email to support@letshavana.com. A member of our Data Subject Response Team will respond to any such request.

For data subjects located in Australia: We comply with the Australian Privacy Principles (“APPs”), which regulate how we collect, use, disclose, store, correct and protect your Personal Data. If you are not satisfied with how we have handled your matter, you may wish to contact the Office of the Australian Information Commissioner.

For data subjects located in New Zealand: If you are not satisfied with how we have handled your matter, you may wish to contact the Office of the Privacy Commissioner of New Zealand.

Method for Requesting Information Pursuant to Your Rights

If you would like to exercise any of the data subject access rights in the table above (each, an “Access Request”) please send an email to support@letshavana.com with your specific request and identify the specific website to which your request relates. We will respond to your request within a reasonable timeframe.

No Fee Usually Required

You will not usually be required to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances and, in such case, we will notify you within a reasonable timeframe regarding our reasons for refusing to act on your request.

What We May Need from You

Once we receive your Data Subject Request, we may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it.

If we are not clear as to what you are requesting, we may also need to contact you for clarification so we can more fully respond to your request.

If we cannot locate any records about you, we may also ask you for additional information to assist us in locating records, if they exist.

Time Limit to Respond

We try to respond to all legitimate requests within the timeframes required under applicable law. Occasionally it may take us longer than the time period required under applicable law if your request is particularly complex or you have made a number of requests. In this case, we will notify you as to the reason for the delay.

B. Deleting Your Account

If you would like to delete your account, you may log in to your Account Setting on the Website and click “Delete Account” or you can send an email to support@letshavana.com asking for your account to be deleted. If you close or delete your account, we may still retain certain information for analytical purposes and recordkeeping integrity, as well as to prevent fraud, resolve disputes, enforce our Terms of Use or other policies, take actions we deem necessary due to technical and legal requirements, and as dictated by constraints related to the security, integrity and operation of our Services.

California residents have the right to request certain information regarding our disclosure of personal information (as defined by the California Shine the Light Act) to third parties for their direct marketing purposes unless we provide them with an ability to exercise choice regarding such disclosures. We comply with this law by providing California residents with the ability to opt-out of, or prospectively withdraw their consent, if they have previously opted-in to, the disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident, to receive confirmation of how we comply with this law, or to make a request or to opt out at any time, please contact us at support@letshavana.com or mail us at the address provided in Section 20 below. Any request must include “California Privacy Rights Request” in the first line of the description and must include the requestor’s name, street address, city, state, and ZIP code.

We may use your Personal Data to send you information about the services provided by the Havana Group; provided, however that we will obtain consent to do so where required by applicable law. You may unsubscribe from our marketing e-mails by clicking "Unsubscribe" in any promotional e-mail communications we send you. As permitted by applicable law, you cannot opt-out of non-marketing, services-related notices.

Havana and third parties may use cookies or similar tracking technologies (e.g., pixels, beacons, scripts, etc.) (“Tracking Technologies”) to analyze trends, administer the Website, track users’ movements around the Website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service. For more information about the types of cookies and Tracking Technologies that we, and certain third parties use, and why we use them, and how you can control these, please review our Cookie Policy.

If you are accessing the Website from a location outside the EEA or U.K., you understand that we apply U.S. law and the U.S. advertising industry self-regulatory program to Tracking Technologies associated with the Website.

We partner with a third party to either display advertising on our websites or to manage our advertising on other sites. Our third party partner may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests. If you wish to opt out of any interest-based advertising click here. Please note that you will continue to receive generic ads.

We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data and the website from which the application was downloaded.

We use email pixels to track whether our marketing emails are opened so that we can understand the effectiveness of our email marketing campaigns. If you wish to block email pixels, you will need to use the function offered by most email providers which prevents your emails from automatically loading images.

To the extent permitted by applicable law, we may send you push notifications from time-to-time in order to update you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.

We use appropriate technical and organizational measures to protect Personal Data we process about you.

However, no transmission of information via the Internet or wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Data, you acknowledge that there are security and privacy limitations of the Internet which are beyond our control and accordingly, the security, integrity and privacy of data exchanged between you and us through the Website cannot be guaranteed.

We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

The safety and security of your Personal Data also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your login or account credentials with anyone and keep your account information secure. We urge you to be careful about giving out information in public areas of the Website like message boards, where information will be available to other users of the Website. If you believe that your access credentials or Personal Data have been compromised, please contact us immediately.

Our Website may from time to time, contain links to third-party services such as websites, locations, platforms, applications or services operated by third parties. If you follow a link to or otherwise access any of these third-party services, these third-party services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personal Data from you. Please note that these third-party services have their own privacy policies and we do not accept any responsibility or liability for these parties’ policies or practices. Please check these policies before you share any Personal Data with these third-party services.

We may offer you the opportunity to use your social media login when interacting with our Website. If you do so, please be aware that you may be sharing your profile information with us. The Personal Data that is shared will depend on your social media platform settings. Please visit the relevant social media platform and review its privacy policy to understand how your Personal Data is shared and used in this context.

Social media features may also collect your IP address, which page you are visiting on our Website, and may set a cookie or other Tracking Technologies to enable the applicable social media feature to function properly. Your interactions with these features are governed by the privacy policy of the company providing such features.

The Website may include tools provided by us or third-party services that enable you to send a message to another person. If you use any such tools, please ensure that you only send messages to persons to whom you have permission to send messages. Absent the recipient’s consent, we will only use their Personal Data that you provide us to facilitate such messages.

You should be aware that when you voluntarily disclose any Personal Data in a public forum on the Website, this information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Privacy Policy does not apply to such information. You accept that you, and not Havana, are responsible for providing such information in any public forum. Any submissions to public areas on the Website are accepted by you with the understanding that such forums are accessible to all third parties. If you do not want your comments or any content to be viewed by third parties, you are advised not to make any submissions. Please be careful and responsible whenever you're online.

If you choose to use our invitation service to invite a friend to our Services, we provide you with a link to copy and paste to share with your friends, or spread the word on Linkedin, Facebook or Twitter. We provide you with a unique link ID so that you earn credit for each friend that joins the site by following your link. Your friend may contact us to request that we remove this information from our database at support@letshavana.com.

If you wish to invite a friend to view our blog posts, we will ask you for that person's email address and automatically send an email invitation. Havana stores this information to send this email, to register your friend if your invitation is accepted, and to track the success of our invitation service. Your friend may contact us to request that we remove this information from our database at support@letshavana.com.

If you have a complaint, or if you have any questions or requests regarding your Personal Data, please email us at support@letshavana.com, and specify the country in which you are located and the website to which your request relates. We welcome the opportunity to help you with any concern or questions you have about the use of our services.

We reserve the right to change this Privacy Policy at any time. If we propose to make any material changes, we will notify you by posting a notice on the Website or by issuing an email to the email address listed by registered users prior to the changes becoming effective. You acknowledge that it is your responsibility to maintain a valid email address as a registered user, and to review the Website and this Privacy Policy periodically in order to be aware of any modifications. If you object to any changes to the revised Privacy Policy, you can stop using our services and close your account with us. However, if you continue to use our services (including the Website) after we publish a new or updated Privacy Policy, you acknowledge that such continued use means that the treatment of your Personal Data will be subject to the new or updated Privacy Policy.

Our Services and the Websites are not intended for use by persons under the age of 18 years. Havana does not knowingly collect or solicit Personal Data from anyone under the age of 13 or knowingly allow such persons to register to use our Website. In the event that we learn that we have collected Personal Data of a child under the age of 13, we will delete that data to the extent required by applicable law as quickly as possible. If you believe that we might have any Personal Data from or about a child under 13, please contact us at support@letshavana.com.