Privacy Policy

Last Updated: [DATE]

⚠️ IMPORTANT NOTICE

This is a template document. Please have this reviewed and customized by a qualified attorney before use. Fill in all bracketed placeholders and ensure compliance with GDPR, CCPA, and other applicable laws.

Introduction
Information We Collect
How We Use Your Information
How We Share Your Information
Data Processing and Legal Basis
Data Retention
Your Privacy Rights
California Privacy Rights (CCPA/CPRA)
International Data Transfers
Security
Children's Privacy
Third-Party Links and Services
Cookies and Tracking Technologies
AI and Automated Processing
Changes to This Privacy Policy
Data Protection Officer
Contact Us
Specific Provisions

1. Introduction

Outsurge ("we", "us", "our", or "Company") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our Service.

By using the Service, you agree to the collection and use of information in accordance with this Privacy Policy.

2. Information We Collect

2.1 Information You Provide

Account Information

Name, email address, password
Company information (name, website, description)
Payment and billing information
Profile information

Candidate Information (when you use our Service)

Candidate names, email addresses, phone numbers
Resume/CV information
Challenge responses and interview data
Evaluation scores and feedback

Content You Submit

Job postings and descriptions
Codebase information (when connecting integrations)
Challenge scenarios and rubrics
Other content you upload or create

2.2 Information Automatically Collected

Usage Data

IP address
Browser type and version
Device information
Pages visited and time spent
Clickstream data
Access times and dates

Cookies and Tracking Technologies

Session cookies
Authentication tokens
Analytics cookies
Preference cookies

2.3 Information from Third-Party Services

Integration Data

GitHub/GitLab repository information
Jira/Linear project data
Other third-party service data you authorize us to access

3. How We Use Your Information

We use the information we collect for the following purposes:

3.1 Service Provision

To provide, maintain, and improve the Service
To process transactions and manage subscriptions
To authenticate users and manage accounts
To generate challenges and conduct evaluations
To provide AI-powered interview and scoring services

3.2 Communication

To send service-related communications
To respond to your inquiries and support requests
To send administrative information (updates, security alerts)
To send marketing communications (with your consent, where required)

3.3 Analytics and Improvement

To analyze usage patterns and improve the Service
To develop new features and functionality
To conduct research and analytics

3.4 Legal and Compliance

To comply with legal obligations
To enforce our Terms of Service
To protect our rights and prevent fraud
To respond to legal requests

3.5 AI and Machine Learning

To train and improve our AI models (with appropriate safeguards)
To generate challenges and evaluations
To provide personalized experiences

We do not sell your personal information. We may share information in the following circumstances:

4.1 Service Providers

With third-party service providers who perform services on our behalf
Examples: hosting, payment processing, analytics, email services
These providers are contractually obligated to protect your information

4.2 Business Transfers

In connection with a merger, acquisition, or sale of assets
Your information may be transferred to the acquiring entity

4.3 Legal Requirements

When required by law, court order, or government regulation
To respond to legal process or government requests
To protect our rights, property, or safety

When you explicitly authorize us to share information
When you choose to integrate with third-party services

4.5 Aggregated Data

We may share aggregated, anonymized data that cannot identify individuals
Used for analytics, research, and business purposes

5. Data Processing and Legal Basis

If you are in the European Economic Area (EEA), we process your data based on:

Contract Performance: To provide the Service you requested
Legitimate Interests: For service improvement, security, and fraud prevention
Consent: Where you have provided explicit consent
Legal Obligation: To comply with applicable laws

5.2 Data Controller vs. Processor

For Company Users: We are the data controller
For Candidate Data: We act as a data processor on behalf of our customers (who are the data controllers)
Candidates should contact the company that invited them for questions about their data

6. Data Retention

6.1 Retention Periods

Account Data: Retained while your account is active and for a reasonable period after closure
Candidate Data: Retained as necessary to provide the Service and as required by law
Usage Data: Retained for analytics and service improvement purposes
Legal Requirements: Some data may be retained longer for legal compliance

6.2 Deletion

You may request deletion of your data at any time
We will delete data in accordance with applicable law and our retention policies
Some data may be retained for legal, regulatory, or legitimate business purposes

7. Your Privacy Rights

Depending on your location, you may have the following rights:

7.1 Access and Portability

Right to access your personal information
Right to receive your data in a portable format

7.2 Correction and Deletion

Right to correct inaccurate information
Right to request deletion of your data ("right to be forgotten")

7.3 Objection and Restriction

Right to object to processing of your data
Right to restrict processing in certain circumstances

Right to withdraw consent where processing is based on consent

7.5 Opt-Out

Right to opt-out of marketing communications
Right to opt-out of certain data sharing (where applicable)

7.6 Non-Discrimination

We will not discriminate against you for exercising your privacy rights

To exercise these rights, please contact us at [YOUR EMAIL]

8. California Privacy Rights (CCPA/CPRA)

If you are a California resident, you have additional rights:

8.1 Right to Know

Right to know what personal information we collect, use, and disclose
Right to know the categories of sources and purposes

8.2 Right to Delete

Right to request deletion of personal information (subject to exceptions)

8.3 Right to Correct

Right to correct inaccurate personal information

8.4 Right to Opt-Out

Right to opt-out of sale or sharing of personal information (we do not sell data)
Right to opt-out of targeted advertising

8.5 Right to Non-Discrimination

We will not discriminate for exercising privacy rights

California residents can exercise these rights by contacting us at [YOUR EMAIL]

9. International Data Transfers

9.1 Data Location

Your data may be stored and processed in countries other than your own
We use appropriate safeguards for international transfers

9.2 Transfer Mechanisms

We use Standard Contractual Clauses (SCCs) for transfers from the EEA
We comply with applicable data transfer regulations

10. Security

10.1 Security Measures

We implement appropriate technical and organizational measures to protect your information:

Encryption in transit and at rest
Access controls and authentication
Regular security assessments
Employee training on data protection
Secure infrastructure and hosting

10.2 No Guarantee

While we implement security measures, no method of transmission over the Internet is 100% secure
We cannot guarantee absolute security

10.3 Breach Notification

We will notify you and relevant authorities of data breaches as required by law
Notification will be provided without undue delay

11. Children's Privacy

Our Service is not intended for individuals under 18 years of age
We do not knowingly collect information from children
If we learn we have collected information from a child, we will delete it promptly

12. Third-Party Links and Services

Our Service may contain links to third-party websites or services
We are not responsible for the privacy practices of third parties
We encourage you to review their privacy policies

13. Cookies and Tracking Technologies

13.1 Types of Cookies

Essential Cookies: Required for the Service to function
Analytics Cookies: Help us understand how the Service is used
Functional Cookies: Remember your preferences
Marketing Cookies: Used for advertising (with consent)

You can control cookies through your browser settings
Note: Disabling cookies may affect Service functionality

14. AI and Automated Processing

14.1 AI Processing

We use AI and machine learning to provide our services
This includes automated decision-making in evaluations
You have the right to human review of significant automated decisions (where applicable)

14.2 Algorithmic Transparency

We provide information about how our AI systems work
We are committed to fairness and non-discrimination in our AI systems

15. Changes to This Privacy Policy

We may update this Privacy Policy from time to time
Material changes will be notified via email or through the Service
The "Last Updated" date will be revised
Continued use after changes constitutes acceptance

16. Data Protection Officer

If required by law, we have appointed a Data Protection Officer (DPO). Contact:

Email: [DPO EMAIL]
Address: [DPO ADDRESS]

17. Contact Us

For questions, concerns, or to exercise your privacy rights, please contact us:

Outsurge
Email: [YOUR EMAIL]
Address: [YOUR ADDRESS]
Phone: [YOUR PHONE]

For EU/EEA Residents:
You may also contact your local data protection authority

18. Specific Provisions

18.1 Candidate Data

When you use our Service to evaluate candidates, you are the data controller
Candidates should contact the company that invited them for questions about their data
We process candidate data on your behalf as a data processor

18.2 Integration Data

When you connect third-party services (GitHub, GitLab, etc.), we access data as authorized
We use this data only to provide the Service
You can revoke access at any time through the integration settings

Important Notes

⚠️ This is a template document. Before using, you must:

Fill in all bracketed placeholders ([DATE], [YOUR EMAIL], [YOUR ADDRESS], [DPO EMAIL], etc.)

Have this reviewed by a qualified attorney

Customize based on your specific data practices

Ensure compliance with GDPR, CCPA, and other applicable laws

Add specific details about your data processing activities

Consider additional disclosures based on your jurisdiction

Implement the technical and organizational measures described

Set up processes to handle data subject requests