Last Updated July 1, 2026

1. Scope of This Privacy Policy

This Privacy Policy pertains to your use of the on-line service (the “ProboTalent Service” or the “Service”) made available by ProboTalent LLC (“ProboTalent” or “we”, “us” or “our”), and your use of the website made available by ProboTalent at the following address: www.probotalent.ai and www.probotalent.com (the “Site”). 

The ProboTalent Service, among other things, enables customers (“Customers”) to request job candidates (“Candidates”) that have applied for employment or other positions with such Customers to complete assessments (“Assessments”) for use by the Customers in employment decisions.

The ProboTalent Service also enables Customers to request Candidates to request reference providers (“Reference Providers”) to provide reference assessments of the Candidates (called “Reference Assessments”) for use by Customers in employment or similar decisions.

To use the ProboTalent Service as a Customer, the Customer must agree to Customer Terms and Conditions pertaining to the ProboTalent Service (the “Customer Terms and Conditions”) and the Data Processing Addendum pertaining to the ProboTalent Service (the “Data Processing Addendum”).

To use the ProboTalent Service as a Candidate, the Candidate must agree to Candidate Terms and Conditions pertaining to the ProboTalent Service (the “Candidate Terms and Conditions”). 

To use the ProboTalent Service as a Reference Provider, the Reference Provider must agree to Reference Provider Terms and Conditions pertaining to the ProboTalent Service (the “Reference Provider Terms and Conditions” and together with the Customer Terms and Conditions and the Candidate Terms and Conditions, the “Terms and Conditions”).

To use the ProboTalent Service on behalf of a Customer, a natural person must be at least 18 years of age, must be a designated user of the Customer (a “Designated User”), and must agree to a Designated User Acknowledgment and Authorization Form (“Designated User Acknowledgment Form”).

To use the ProboTalent Service as a Candidate or a Reference Provider, a natural person must be at least 18 years of age.

ProboTalent LLC is committed to protecting the privacy of personal information we collect.

This Privacy Policy describes how we collect, use and disclose personal information collected from users of the ProboTalent Service (such as Candidates and Reference Providers) and visitors to the Site. This Privacy Policy also describes how we collect, use and disclose business contact information that we collect from users of the ProboTalent Service (such as Designated Users).

This Privacy Policy does not relate to personal information that our Customers collect from Candidates and Reference Providers and, in turn, provide to us for processing in connection with the Customer’s use of the ProboTalent Service. Our processing of such personal information is covered by the terms of the applicable Customer Terms and Conditions and Data Processing Addendum between ProboTalent and the Customer.

This Privacy Policy does not apply to third-party websites, services, or applications, including payment processors we use to process transactions, and external links that may appear on the ProboTalent Service or the Site. We encourage you to review the privacy policies of any third-party services before providing them with your information. We are not responsible for the privacy practices of third parties.

2. Information We Collect

We may collect the following types of information from authorized users of the ProboTalent Service:

·         Account and identifying information provided by Customers, including entity name, address, email address, phone number and other contact details, EIN and other similar information;

·         Payment information provided by Customers, including credit card information, ACH information, or other payment information. We use third-party payment processors (such as Stripe) to handle payment transactions. Payment information is processed by these payment service providers in accordance with their own privacy policies and security standards. We do not store complete credit card numbers on our servers;

·         Transaction information pertaining to transactions initiated and completed by Customers;

·         Account and identifying information provided by Candidates, including name, address, email address, phone number and other similar information;

·         Identifying information provided by Reference Providers including name, address, email address, phone number and other similar information;

·         Assessment and similar information provided by Candidates in connection with their use of the ProboTalent Service;

·         Reference and similar information provided by Reference Providers in connection with their use of the ProboTalent Service; and

·         Business contact information provided by Designated Users in connection with their use of the ProboTalent Service.

We may collect the following types of personal information from visitors to the Site:

·         Information that visitors to the Site choose to provide to us (for example, email address and other contact information from visitors who choose to submit information through a contact form, request a demo, download materials, subscribe to updates, or otherwise interact with us).

We may also collect automatically the following types of information relating to authorized users’ use of the ProboTalent Service and visitors’ use of the Site:

·         Log data, such as IP address, device information, and browser type; and

·         Usage data regarding interactions with the ProboTalent Service or the Site, such as pages viewed.

As noted above, this Privacy Policy does not relate to personal information that our Customers collect from Candidates and Reference Providers and, in turn, provide to us for processing in connection with the Customer’s use of the ProboTalent Service. Our processing of such personal information is covered by the terms of the applicable Customer Terms and Conditions and Data Processing Addendum between ProboTalent and the Customer.

3. Cookies and Tracking Technology

We use cookies and similar technologies to:

·         Maintain your login session;

·         Allow the ProboTalent Service and the Site to function; and

·         Ensure security and prevent fraud.

Types of cookies we use:

·         Essential cookies: Required for the ProboTalent Service and Site to function; and

·         Analytics cookies: We may also use analytics cookies, as described below under Google Analytics, to collect information about your use of the ProboTalent Service and Site.

Google Analytics: As set forth in further detail below, we may also use Google Analytics to collect information about your use of the ProboTalent Service and Site. Google Analytics has its own privacy policies.

Your Choices: You can control cookies through your browser settings. Note that disabling certain cookies may limit functionality of the ProboTalent Service or Site.

Do Not Track Signals: We do not currently respond to "Do Not Track" browser signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about their online activities over time and across third-party websites or online services.

For EU visitors, we will obtain your consent before placing non-essential cookies (if we choose to use non-essential cookies in the future). You can manage your cookie preferences through a cookie banner we use for this purpose or your browser settings.

You may find additional information regarding our use of cookier and similar technologies in our Cookie Policy. 

4. How We Use Information

We use personal information that we collect from authorized users of the ProboTalent Service and visitors to the Site:

·         To provide the intended features and functionality of the ProboTalent service, as described in our Customer Terms and Conditions as such applies to Customers, as described in our Candidate Terms and Conditions as such applies to Candidates, as described in our Reference Provider Terms and Conditions as such applies to Reference Providers, as described in our Designated User Acknowledgment Form as such applies to Designated Users, and as described in out other applicable documentation;

·         To communicate with authorized users about their use of the ProboTalent Service, including to respond to and address technical issues, support requests, billing inquiries and other service issues pertaining to the ProboTalent Service;

·         To communicate with and respond to inquiries and fulfill requests from visitors to the Site, such as to provide information requested from visitors about the ProboTalent Service;

·         To enforce obligations arising under our terms and conditions and other legal agreements;

·         To detect, prevent, or investigate security incidents, fraud, or misuse of the ProboTalent Service and the Site; and

·         To comply with applicable legal and regulatory obligations and protect our legal rights.

Legal Basis for Processing (GDPR): Where the General Data Protection Regulation (GDPR) applies to the collection of personal information of individuals located in the European Economic Area (EEA), we process personal information based on the following legal bases: (a) performance of a contract with you (to provide the ProboTalent Service and the Site, as applicable); (b) compliance with legal obligations; (c) your consent (for cookies and communications where required); and (d) our legitimate interests (to improve our services, prevent fraud, and protect our systems), provided such interests are not overridden by your rights and freedoms.

As noted above, this Privacy Policy does not relate to personal information that our Customers collect from Candidates and Reference Providers and, in turn, provide to us for processing in connection with the Customer’s use of the ProboTalent Service. Our processing of such personal information is covered by the terms of the applicable Customer Terms and Conditions and Data Processing Addendum between ProboTalent and the Customer.

5. Sharing of Information

We may share personal information as follows:

·         We share personal information that we collect from authorized users of the ProboTalent Service (such as Candidates and Reference Providers) with other authorized users of the ProboTalent Service (such as Customers) for the purpose of allowing authorized users to use the ProboTalent service for its intended purposes, as described in the Customer Terms and Conditions (in the case of Customers), the Candidate Terms and Conditions (in the case of Candidates) and the Reference Provider Terms and Conditions (in the case of Reference Providers);

·         We share, subject to applicable confidentiality restrictions, personal information that we collect with affiliated and third-party service providers who provide hosting, billing and other essential business services to us in connection with our provision of the ProboTalent Service and/or the Site;

·         We may share personal information with applicable legal or regulatory authorities when required by applicable legal or regulatory requirements or to protect our legal rights; and

·         We may share, subject to applicable non-disclosure agreements, personal information in connection with a sale or potential sale of our business (such as in connection with a due diligence review associated with, or the consummation of, a merger or acquisition transaction).

Except as set forth above, we do not "sell" or "share" personal information as those terms are defined under California privacy laws. Specifically:

·         We do not sell personal information to third parties for monetary or other valuable consideration;

·         We do not share personal information with third parties for cross-context behavioral advertising;

·         When we share personal information that we collect from authorized users of the ProboTalent Service (such as Candidates and Reference Providers), we do so to the limited extent necessary to provide the services requested, not for cross-context behavioral advertising purposes; and

·         We do not sell or share personal information for marketing purposes.

We share output associated with the use of the AI Features of the ProboTalent Service as described in the section entitled Artificial Intelligence below (and as further described in the Customer Terms and Conditions (in the case of Customers), the Candidate Terms and Conditions (in the case of Candidates) and the Reference Provider Terms and Conditions (in the case of Reference Providers).

6. Data Retention

This Section describes how long we retain personal information that we collect as a controller — that is, personal information we collect directly from Customers, Designated Users, Candidates, Reference Providers, and Site visitors, as described in this Privacy Policy. We retain such personal information only for as long as reasonably necessary for the purposes described in this Privacy Policy, and in no event longer than the applicable periods set forth below, except where a longer period is required or permitted under the "Legal and Other Retention" paragraph below.

·         Candidate and Reference Provider Account Information. For the life of the applicable Candidate Account or Reference Provider Account, and for up to thirty-six (36) months after the account is closed, after which the account and associated information are eligible for deletion or de-identification. We may, in our discretion, close and delete or de-identify an account, and associated information, that has been inactive for an extended period.

·         Assessment Responses, Reference Assessment Content, and AI-Feature Interaction Data Collected Directly from Candidates and Reference Providers. For the same period as the applicable account information described above.

·         Identity Verification Results. The Verification Result (verification outcome, verification date, and liveness check result) that we receive from a Third-Party ID Verification Provider is retained together with, and for the same period as, the applicable Candidate's account information. As described in Section 12, we do not collect or retain biometric data.

·         Customer and Designated User Account, Contact, and Transaction Information. For the duration of the Customer relationship and for up to seven (7) years thereafter, to satisfy tax, accounting, audit, and other recordkeeping obligations.

·         Site Visitor Information (for example, contact-form, demo-request, and subscription information). For up to twenty-four (24) months following your most recent interaction with us.

·         Log and Usage Data. For up to twelve (12) months, except where a longer period is needed to investigate or respond to a security incident or to comply with law.

Legal and Other Retention. Notwithstanding the periods above, we may retain personal information for a longer period to the extent reasonably necessary to comply with our legal, regulatory, tax, accounting, and recordkeeping obligations, to establish, exercise, or defend legal claims, to enforce our agreements, or to comply with a legal hold. We will delete, de-identify, or anonymize personal information upon a verified deletion request, subject to these legal and recordkeeping exceptions. When personal information is no longer needed for the purposes described in this Privacy Policy and we are not otherwise required or permitted to retain it, we securely delete, de-identify, or anonymize it.

The retention of personal information that we process on behalf of a Customer as its processor or service provider (including personal information a Customer provides to us about Candidates and Reference Providers) is not governed by this Privacy Policy.  Rather, it is governed by the applicable Customer Terms and Conditions and Data Processing Addendum between ProboTalent and the Customer.

7. Security Measures

We implement technical and organizational security measures to protect information, including:

·         Encryption of data in transit (to the extent available) and at rest;

·         Access controls and authentication requirements;

·         Security monitoring and incident response procedures; and  

·         Employee training on data security and privacy.

While we use reasonable efforts to protect information we collect, no security system is impenetrable. If we experience a data security incident that affects your personal information, we will notify you as required by applicable law.

8. Data Subject Rights

Individuals in California and certain other states and jurisdictions have certain rights regarding their personal information, including:

·         Right to Know: You may request information about the personal information we have collected from you, including the categories of information, sources, purposes, and third parties with whom we share it. 

·         Right to Access: You may request a copy of the specific pieces of personal information we have collected from you. 

·         Right to Correct: You may request that we correct inaccurate personal information we have collected from you. 

·         Right to Delete: You may request that we delete personal information we have collected from you, subject to certain exceptions. 

·         Right to Opt-Out: You may opt-out of the sale or sharing of personal information we have collected from you. While we do not currently sell or share personal information we have collected from you, you may submit a request if you believe we have done so.

·         Right to Limit Use of Sensitive Personal Information: You may request that we limit our use of sensitive personal information we have collected from you to purposes permitted by law.

·         Right to Non-Discrimination: You have the right not to receive discriminatory treatment for exercising any of these privacy rights.

Rights Concerning Customer-Controlled Personal Information: If you are a Candidate or Reference Provider, the rights described in this Section 8 apply to personal information that ProboTalent collects directly from you and processes for ProboTalent's own purposes as described in this Privacy Policy. With respect to personal information that ProboTalent processes on behalf of a Customer (including personal information that the Customer collects from Candidates and Reference Providers and, in turn, provides to ProboTalent for processing in connection with the Customer's use of the ProboTalent Service), the Customer is the party responsible for responding to requests to exercise rights with respect to such personal information, and any such requests should be directed to the applicable Customer. ProboTalent will assist the applicable Customer in responding to such requests as required by applicable law and by the applicable Customer Terms and Conditions and Data Processing Addendum between ProboTalent and the Customer.

How to Submit a Request: To exercise any of these rights, you may:

Email us at: privacy@probotalent.ai; or

Mail us at: ProboTalent LLC, 4 May Hill Lane, Dix Hills, NY 11746.

Verification Process: To protect your privacy and security, we will verify your identity before processing your request. We may ask you to: provide information that matches information we have on file; confirm details about your information; and/or provide additional documentation if necessary. For deletion requests and requests for specific pieces of information, we may require a higher level of verification.

Authorized Agents: You may designate an authorized agent to submit requests on your behalf. We will require: (i) written permission from you authorizing the agent to act on your behalf, or (ii) proof of power of attorney. We may also require you to verify your identity directly with us and confirm that you provided the authorized agent permission to submit the request.

Response Timeframes: We will generally respond to verifiable requests from individuals within 45 days of receipt (with the possibility of a 45-day extension if reasonably necessary). We will inform you if we need additional time and explain the reason for the extension.

Appeals: If we deny your request in whole or in part, you may appeal our decision by contacting us using the methods above and referencing your original request. We will generally respond to your appeal within 60 days. If we deny your appeal, we will provide information about how to contact your state attorney general to submit a complaint.

Additional Rights for EU Residents: If you are an individual located in the European Economic Area (EEA), United Kingdom, or Switzerland, you may also have the following rights under GDPR or applicable UK or Switzerland law:

·         Right to Object: You may object to processing your personal data based on legitimate interests or for direct marketing purposes.

·         Right to Restrict Processing: You may request that we restrict processing of your personal data in certain circumstances.

·         Right to Data Portability: You may request a copy of your personal data in a structured, commonly used, machine-readable format.

·         Right to Withdraw Consent: Where we process your personal data based on consent, you may withdraw that consent at any time.

·         Right to Lodge a Complaint: You have the right to lodge a complaint with your local data protection authority.

9. Children's Privacy

We do not knowingly collect personal information from children. Use of the ProboTalent Service is limited to persons 18 years of age or older. Persons under the age of 18 are expressly prohibited from using the ProboTalent Service. Use of the Site is not directed to children or anyone under the age of 18 years.  

10. Additional Information for California Residents

This section provides additional disclosures required under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA).

A.  Categories of Personal Information We Collect: We collect the following categories of personal information as defined under California law:

·         Identifiers (such as name, email address, IP address, device identifiers);

·         Commercial information (such as transaction data and payment information from Customers, if applicable);

·         Candidate assessment and related information from Candidates;

·         Reference provider reference and related information from Reference Providers;

·         Internet or network activity information (such as browsing history on our Site, usage data, log data);

·         Professional or employment-related information (such as business contact information for users of the ProboTalent Service); and

·         Inferences drawn from the above information (such as preferences or characteristics).

B. Categories of Sources: We collect personal information from the following categories of sources:

·         Directly from you (such as when you submit information through the ProboTalent Service or the Site); and

·         Automatically from your devices (such as when you use the ProboTalent Service or visit the Site);

·         From your authorized representatives (if applicable).

C.  Business or Commercial Purposes for Collection: We collect and use personal information for the following business or commercial purposes:

·         Providing our services and our website;

·         Processing transactions and payments (if applicable);

·         Communicating with users of our services and website visitors;

·         Improving and developing our services;

·         Security and fraud prevention;

·         Compliance with legal obligations; and

·         As otherwise described in Section 4 of this Privacy Policy.

D.  Categories of Third Parties to Whom We Disclose Information: We may disclose personal information to the following categories of third parties:

·         Service providers (who perform business functions on our behalf, such as hosting and payment processing);

·         Legal and regulatory authorities (when required by law);

·         Professional advisors (such as lawyers and accountants);

·         Potential business transaction partners (in connection with mergers, acquisitions, or sales of our business); and

·         As otherwise described in Section 4 of this Privacy Policy.

E.  Sale or Sharing of Personal Information: We do not "sell" or "share" personal information collected from consumers as those terms are defined under California law. Please note that the processing of personal information that we collect Customers (including personal information pertaining to Candidates and Reference Providers) is not covered by this Privacy Policy, as the processing of such personal information is covered by the terms of the applicable Customer Terms and Conditions and related Data Processing Addendum between ProboTalent and such Customer. 

F.  Sensitive Personal Information: We may collect the following categories of sensitive personal information:

·         Account login credentials;

·         Government identifiers; and

·         Contents of communications (when you contact us).

We use and disclose sensitive personal information only for purposes permitted under California law, including to provide the services you request and to ensure security and integrity.

G.  Retention of Personal Information: We retain personal information for the periods described in Section 6 of this Privacy Policy. In general, we retain personal information based on the following criteria:

·         Business Need: We retain information as long as necessary to provide the ProboTalent Service and the Site, fulfill transactions, and maintain business records.

·         Legal and Regulatory Requirements: We retain information as required by applicable laws, including financial recordkeeping, tax, and regulatory obligations (which may require retention for up to 7 years or longer).

·         Dispute Resolution: We may retain information necessary to resolve disputes, enforce our agreements, and protect our legal rights.

·         Individual Requests: We will delete information we collect from individuals upon verified requests, subject to legal and regulatory retention requirements.

Generally, we retain active account and transaction data for the duration of your relationship with us and for several years thereafter to comply with legal obligations, and visitor information for a reasonable period to fulfill the purposes for which it was collected. When personal information is no longer needed and we are not legally required to retain it, we securely delete or anonymize it.

Please note that the retention policy for personal information that we process for Customers (including personal information pertaining to such Customers’ Candidates and Reference Providers) is not covered by this Privacy Policy but, rather, is covered by the terms of the applicable Customer Terms and Conditions and related Data Processing Addendum between ProboTalent and such Customer.

11. International Data Transfers

We primarily store and process personal information in the United States. If you access the ProboTalent Service or the Site from the European Economic Area (EEA), the United Kingdom, Switzerland or Canada, please be aware that your information will be transferred to, stored, and processed in the United States and other countries where our service providers operate. The United States and other countries may not have the same data protection laws as your jurisdiction.

We implement appropriate technical and organizational security measures to protect personal information as described in this Privacy Policy. Our service providers are required to implement appropriate safeguards for the protection of personal information.

Please note that our processing of personal information that we receive from Customers (including personal information that Customers collect from Candidates and Reference Providers) that pertains to data subjects located in the European Economic Area (EEA), the United Kingdom, Switzerland or Canada (if we receive any such information) is not covered by this Privacy Policy but, rather, is covered by the terms of the applicable Customer Terms and Conditions and Data Processing Addendum between ProboTalent and the Customer.

12. Biometric Information

Certain features accessible through the ProboTalent Service (the “ID Verification Features”) enable Candidates to verify their identity by uploading an image of their driver’s license (or other acceptable government ID), as well as a photo or video selfie, for use in verifying their identity. The ID Verification Features are intended to provide Candidates with a method of verifying their identity, for the benefit of the applicable Customer, based upon inspection of the government ID and comparison of the photo on the government ID and the selfie.

ProboTalent does not provide identity verification services (“ID Verification Services”). Rather, the Service provides access to certain Third-Party ID Verification Providers (“Third-Party ID Verification Providers”) such as ID.me, LLC (“ID.me”) and Persona Identities, Inc. (“Persona”) that provide ID Verification Services.

The processes used by the Third-Party ID Verification Providers may involve the collection of biometric data, including facial images and government-issued identification documents. Biometric data collected during identity verification is processed by the Third-Party ID Verification Providers and is not collected, processed or stored by ProboTalent or shared by ProboTalent with Customers or hiring decision-makers. Only the Verification Outcome (ID verified/not verified), Verification Date and Liveness Check Result (confirming real person, not a deepfake) is collected and stored by ProboTalent and made available to Customers. ProboTalent does not provide biometric data to Customers (or Customer authorized representatives) for use in connection with their employment decisions.

The Third-Party ID Verification Providers collect, process, use, retain, store and dispose of biometric data as provided in their terms and conditions, privacy policy and/or other governing documents, which are separately made available by the Third-Party ID Verification Providers.

13. Artificial Intelligence

 The ProboTalent Service includes one or more features that use artificial intelligence and related technologies to assist Customers in evaluating Candidates (collectively, the "AI Features").

The AI Features are described in detail in the Customer Terms and Conditions (in the case of Customers), the Candidate Terms and Conditions and the Candidate Consent to Use of Artificial Intelligence (in the case of Candidates) and the Reference Provider Terms and Conditions (in the case of Reference Providers). 

As described in future detail in the Terms and Conditions, the AI Features are not intended to make hiring decisions or any other employment decisions concerning Candidates. Rather, hiring decisions or other employment decisions are to be made by one or more human decision-makers employed or engaged by the applicable Customer. The AI Features are intended to use generative AI to produce content that human users may use, in their judgement, along with other content, processes and interactions that humans commonly use in assessing candidates. The output generated by the AI Features is provided to the applicable Customer's human decision-makers as one of multiple inputs and is intended to be considered together with other relevant information.

The processing of personal information provided by Customers to ProboTalent in connection with their use of the ProboTalent Service (including as it pertains to the use of the AI Features) is not covered by this Privacy Policy. Rather, such processing is covered by the terms of the applicable Customer Terms and Conditions and Data Processing Addendum between ProboTalent and the applicable Customer.

14. Changes to This Privacy Policy

 We may update this Privacy Policy from time to time. If we make material changes to this Privacy Policy, we will post an updated copy of the Privacy Policy on the Site.  We will also update the Last Updated date appearing at the top of this Privacy Policy.

15. Contact Us

If you have any questions about this Privacy Policy, please contact us by mail at ProboTalent LLC, 4 May Hill Lane, Dix Hills, NY 11746 or by email at privacy@probotalent.ai.