If you apply for a job at PlanetScale, the company collects your resume details, professional history, and any diversity information you choose to share, and uses this for recruiting purposes under a legitimate business interests basis.
This analysis describes what PlanetScale's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
Diversity information, which may include characteristics protected under federal or state law, is collected from job applicants and retained for recruitment statistics purposes; applicants should understand what they are disclosing and how it may be used.
Interpretive note: The adequacy of a legitimate interests basis for processing voluntary diversity data under GDPR Article 9 is legally uncertain; special category data processing requirements may impose a higher standard than the policy currently reflects.
Job applicants provide PlanetScale with personal contact information, work history, and potentially sensitive diversity characteristics; this data is used for recruitment and statistics under a legitimate interests basis, and the Privacy Snapshot confirms it is in the 'sensitive personal information' category under California Civil Code 1798.140.
How other platforms handle this
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"When you visit the Careers portion of our websites, we collect the information that you provide to us in connection with your job application. This includes but is not limited to business and personal contact information, professional credentials and skills, educational and work history and other information of the type that may be included in a resume. This may also include diversity information that you voluntarily provide. We use this information on the basis of our legitimate business interests to facilitate our recruitment activities and process employment applications, such as by evaluating a job candidate for an employment activity, to monitor recruitment statistics and to respond to surveys.— Excerpt from PlanetScale's PlanetScale Privacy Policy
(1) REGULATORY LANDSCAPE: Collection of diversity information from job applicants engages federal and state employment discrimination laws, as well as CCPA/CPRA's definition of sensitive personal information under California Civil Code 1798.140, which the Privacy Snapshot confirms is collected from job applicants. GDPR Article 9 covers special categories of personal data that may overlap with diversity information (e.g., racial or ethnic origin, health status), requiring explicit consent or another Article 9(2) basis rather than general legitimate interests. The EEOC has regulatory interest in how protected characteristic data is collected and used in hiring. (2) GOVERNANCE EXPOSURE: Medium. The policy's legitimate interests basis for processing sensitive diversity data may be insufficient under GDPR Article 9, which requires a specific Article 9(2) legal basis for processing special category data. The voluntary nature of the diversity disclosure is noted, which could support a consent basis, but the policy does not explicitly state consent as the basis for this specific data type. (3) JURISDICTION FLAGS: EU and UK applicants face the most significant exposure: special category data processing under GDPR requires an Article 9(2) basis, and the use of legitimate interests alone is not permitted for special category data. California applicants have CPRA-specific rights regarding sensitive personal information. Illinois applicants should assess whether any biometric or other sensitive data collection is implicated. (4) CONTRACT AND VENDOR IMPLICATIONS: Applicant tracking systems or recruitment platforms used by PlanetScale to process this data must be assessed as sub-processors with appropriate DPAs. Diversity data shared with these vendors must comply with applicable transfer and processing restrictions. (5) COMPLIANCE CONSIDERATIONS: Legal teams should confirm that the legal basis for processing diversity and other potentially special-category applicant data is documented separately from the general legitimate interests basis claimed in the policy. Consent mechanisms for voluntary diversity disclosures should be reviewed to ensure they are freely given, specific, and withdrawable. Retention periods for applicant data should be defined and implemented.
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Diversity information, which may include characteristics protected under federal or state law, is collected from job applicants and retained for recruitment statistics purposes; applicants should understand what they are disclosing and how it may be used.
Job applicants provide PlanetScale with personal contact information, work history, and potentially sensitive diversity characteristics; this data is used for recruitment and statistics under a legitimate interests basis, and the Privacy Snapshot confirms it is in the 'sensitive personal information' category under California Civil Code 1798.140.
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