CANDIDATE PRIVACY POLICY AND NOTICE
1. INTRODUCTION

This Candidate Privacy Policy and Notice (“Candidate Privacy Policy”) describes how David Weekley Homes (“DWH”) collects, uses, shares or otherwise processes personal information of applicants and candidates for employment. If you are an agency or recruiter acting on behalf of a candidate or otherwise providing personal information of a third party, please ensure that you have the right to provide such information to us.

2. PERSONAL INFORMATION WE COLLECT

In connection with your application for work with DWH, we will collect your personal information from you, from recruitment agencies (who may provide us with information such as resumes and applications), and your named references. Subject to applicable law, we gather, store, and use the following categories of personal information about you:

  • Personal contact details such as name, title, addresses, telephone numbers, personal email addresses, Social Security number, drivers’ license number, or other similar identifiers.
  • Work history and other relevant experience, including information contained in a resume, CV, cover letter, or job application.
  • Education information including degrees awarded, transcripts, and other information provided in support of the job application.
  • Compensation history, but only where permitted by law.
  • Information collected during phone screenings and interviews.
  • Details regarding the type of employment sought, desired salary, willingness to relocate, job preferences, and other information related to compensation and benefits.
  • Reference information and information received from background checks, where applicable, including information provided by third parties such as recruiters.
  • Information related to previous applications to DWH or previous employment history with DWH.
  • Online account information to access the DWH Careers Webpage, including username and password.
  • Information that is automatically collected during your interactions with the DWH Careers Webpage (or other DWH web pages), including: the type of device, the operating system name, platform, and version of the device, device manufacturer, browser or device information and identifiers, application version accessed on your device, device ID, connection type and speed, IP address, the URLs which lead you to and around DWH’s website, including the date and time, and geolocation data.
  • As applicable to work arrangement, immigration-related information, visa status, citizenship, and related family status (e.g., spouse or other family).
  • Any additional personal details that you otherwise voluntarily provide to us.

The provision of full and complete information in support of a job application is necessary for selection purposes. Failure to provide any of the information may affect the processing of your application. In certain cases, we may ask you for additional information for purposes of complying with applicable laws. We may also inquire about criminal and/or credit records. We will do so only where permitted by applicable law.

3. COLLECTION OF SENSITIVE PERSONAL INFORMATION

During the recruitment process, we try not to collect or process any “Sensitive Personal Information” unless authorized by law or where necessary to comply with applicable laws. Sensitive Personal Information includes the following: information that reveals your racial or ethnic origin, religious, political, or philosophical beliefs, or trade union membership; genetic data; biometric data for the purposes of unique identification; or information concerning your health, sex life, or sexual orientation.

However, in some circumstances, we may need to collect, or request on a voluntary disclosure basis, some Sensitive Personal Information for legitimate recruiting-related purposes. For example, information about your racial/ethnic origin, gender and disabilities may be collected for the purposes of equal opportunities monitoring, to comply with anti-discrimination laws and for government reporting obligations. Any reports prepared for this purpose would not contain personal information, i.e., the information would be aggregated and anonymized. Furthermore, information about your physical or mental condition may be collected in order to consider accommodations we need to make for the recruitment process and/or subsequent job role. You may provide, on a voluntary basis, other Sensitive Personal Information during the recruiting process. We do not collect or process Sensitive Personal Information or characteristics of protected classifications for the purpose of inferring characteristics about job applicants.

4. HOW WE USE PERSONAL INFORMATION

We only process your personal information as described in this Candidate Privacy Policy or as otherwise required or permitted by applicable law in connection with carrying out our application and recruitment process. We may process your personal information for the following legitimate business purposes:

  • Identifying and evaluating job applicants, including assessing skills, qualifications, and interests.
  • Verifying your information and carrying out employment, background, and reference checks, where applicable, subject to your consent where required by applicable law.
  • Communicating with you about the recruitment process and your application.
  • To demonstrate job applicants’ agreement to, or acceptance of, documents presented to them, e.g., pre-employment agreements, acknowledgment of employment applications, and offer letters.
  • Keeping records related to our hiring processes.
  • Creating and submitting reports as required by applicable laws, regulations, or court orders.
  • Analyzing and improving our application and recruitment process.
  • To comply with our legal, regulatory, or other corporate governance requirements.
  • Analyzing and improving our application and recruitment process.
  • Complying with applicable regulations, legal processes, corporate governance requirements, or enforceable government requests, as well as local, state, and federal law, regulations, ordinances, guidelines, and orders.
  • To protect the rights, safety, and property of DWH, other job applicants, employees, or the public, as required or permitted by law.

We will store the personal information we collect about you for no longer than necessary for the purposes set out above and in accordance with our legal obligations and legitimate business interests. In addition to using your personal information for the position for which you have applied, we may retain and use your personal information to inform you about and consider you for other positions that may be of interest to you. If you do not want us to consider you for other positions or would like us to remove your personal information, you may notify us as directed in the “How To Contact Us” section below. We will only process your personal information for the purposes for which we collected it unless otherwise required by applicable law. If we need to process your personal information for an unrelated purpose, we will provide notice to you and, if required by law, seek your consent. We may process your personal information without your knowledge or consent where required by applicable law, regulation, or court order.

5. INFORMATION SHARING

We will only disclose your personal information to third parties where required by law or to our employees, contractors, designated agents, or third-party service providers who require such information to assist us with administering the application and recruitment process, including third-party service providers who provide services to us or on our behalf. We may use third-party service providers for various purposes, including, but not limited to, obtaining employment verification and background checks. We only permit them to process your personal information for specified purposes in accordance with our instructions. DWH ensures that all personal information is handled, processed, transferred and stored in accordance with relevant law, and that adequate safeguards and procedures providing protection to personal information are in place.

We may also disclose your personal information for the following additional purposes, where permitted or required by applicable law:

  • To other members of our group of companies (including outside of your home jurisdiction) for the purposes set out in this Candidate Privacy Policy and as necessary to administer the application and recruitment process.
  • If we take part in or are involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets through which we may disclose personal information to a third party during negotiation of, in connection with or as an asset in such a corporate business transaction.
  • In the event of insolvency, bankruptcy, or receivership.
  • As part of our regular reporting activities to other members of our group of companies.
  • To comply with legal obligations or valid legal processes such as search warrants, subpoenas, or court orders. When we disclose your personal information to comply with a legal obligation or legal process, we will take reasonable steps to ensure that we only disclose the minimum personal information necessary for the specific purpose and circumstances.
  • To protect the rights and property of DWH.
  • During emergency situations or where necessary to protect the health and safety of persons.
  • Where the personal information is publicly available.
  • If a business transfer or change in ownership occurs.
  • For additional purposes with your consent where required by law.

We may combine information that we receive from the various sources described in this Candidate Privacy Policy, including third party sources and public sources, and use or disclose it for the purposes set forth herein.

6. INFORMATION SECURITY

We have implemented appropriate physical, technical, and organizational security measures designed to secure your personal information against accidental loss and unauthorized access, use, alteration, or disclosure. In addition, we limit access to personal information to those employees, agents, contractors, and other third parties that have a legitimate business need for such access and are bound to a contractual and/or professional duty of confidentiality. All personal information we collect will be stored securely. When we transfer personal information to others, we will ensure that the recipients also implement appropriate technical and organizational security measures to protect your personal information.

7. CROSS-BORDER INFORMATION TRANSFERS

Where not prohibited by applicable law, we may transfer the personal data we collect about you to jurisdictions outside your home country (such as the United States of America), but in accordance with applicable legal requirements (if any) for the purposes set out in this Candidate Privacy Policy. We take appropriate measures in compliance with applicable law to protect any personal information that we transfer to another location, including safeguards legally required to protect personal information during transfer and other processing outside the country where it was collected. When required by applicable law, we will obtain your consent to the transfer and processing of your personal information outside of your country of residence. By using the DWH Careers Webpage and/or submitting your personal information to us, you agree to the transfer, storage, and/or processing of your personal information in the jurisdictions in which we operate.

8. AUTOMATED DECISION-MAKING

DWH does not make any decisions based solely on automated processing, including profiling, which produces legal effects. In the event our position changes, we will update this Candidate Privacy Policy and inform you as required by applicable data protection laws.

9. COOKIES

When you interact with our website and, for example, apply for a job or sign into our DWH Careers Webpage, we and our partners use cookies and other tracking technologies such as pixel tags, web beacons, and widgets (collectively, “Cookies”) to recognize you as a user and customize your online experiences and online content.

Your browser allows you to reject Cookies and software is available from third parties which will allow you to visit our website without providing this information. You are welcome at our website if you use this software but there may be a reduction in functionality on some pages of our site. In addition, we use your IP address to help diagnose problems with our server and to administer our website.

10. WEBLINKS

Our website includes links to other websites. Those sites may have different privacy policies. If you click to another website, you may want to check the privacy policy of that site, which will usually (but not always) be posted on the website. DWH is not responsible for the privacy policies of other sites.

11. INFORMATION RETENTION

We will only retain your personal information for as long as reasonably necessary to fulfill the purposes for which we collected it and will honor your exercise of data subject rights, subject to any limitations or exclusions recognized by applicable law. To determine the appropriate retention period for your personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of the personal data, the purposes for which we process the personal information and whether we can achieve those purposes through other means, subject to applicable legal, regulatory, tax, accounting, reporting, or other requirements or when retention is necessary to resolve a pending legal dispute.

In cases where we have no ongoing legitimate business need to process your personal information, we will either delete your personal information or, if this is not possible (e.g., because your personal information has been stored in backup archives), we will securely store your personal information and isolate it further from any further processing until deletion is possible.

If you are offered and accept employment with DWH, the personal information we collected during the application and recruitment process will become part of your employment record and we may use it in connection with your employment consistent with our employee personal information use and privacy policies. If you do not become an employee, or, once you are no longer an employee of DWH, we will retain and securely destroy your personal information in accordance with our retention policy and any applicable laws and regulations.

12. RIGHTS OF ACCESS, CORRECTION, ERASURE, AND OBJECTION

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during the application and recruitment process. By law, you may have the right to request access to, correct, or erase the personal information that we hold about you, object to or restrict our processing of your personal information, or request the portability of your personal information, under certain circumstances. If you wish to exercise any of these rights, please notify us as directed in the “How To Contact Us” section below. Depending on the jurisdiction where you are located, some of these rights may not apply.

We may request specific information from you to help us confirm your identity, verify your rights, and respond to your request, including to provide you with the personal information that we may hold about you. Please note that applicable law may allow or require us to deny your request or there may be cases where we may have already destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot respond to your request, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

13. CONSENT

We are not required to obtain additional consent for most of the processing activities that we undertake in respect of the personal information you have submitted to us. We may, however, seek your consent for some uses of personal information. If we need your consent, we will notify you of the personal information we intend to use and how we intend to use it.

14. CHILDREN

DWH complies with the Children's Online Privacy Protection Act and will not knowingly collect personally identifiable information from anyone under 13.

15. CHANGES TO THIS CANDIDATE PRIVACY NOTICE

This Candidate Privacy Policy will not form part of any potential employment contract. DWH reserves the right to update this Candidate Privacy Policy at any time in the Company’s sole discretion. Different versions will be identifiable by the Modification Date below.

16. LAST MODIFIED DATE

This Candidate Privacy Policy was last modified in May 2024.

17. HOW TO CONTACT US

If you have any questions about our processing of your personal information or would like to make another request, please use the following contact information:

ATTN: David Weekley Homes People Department
1111 North Post Oak Road, Houston, TX 77055
Fax # 713-621-8384
Phone # 713-316-3358