California Privacy Notice to California Employees and Job Applicants

Last modified: January 9, 2023

This California Privacy Notice to California Employees and Job Applicants (“Notice”) of XYZ LLC and its subsidiaries and affiliated companies (together “Company”) applies to the personal information of California employees, interns, contractors, volunteers and applicant for those roles collected by Company). This Notice also applies to information provided to us about employees’ relatives or others that is used for emergency contact or benefits administration purposes.

Please read this California Employee Privacy Notice to learn how we collect and process your personal information when you are employed by Company, engaged to provide services to Company or apply for a job with Company. Under the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100 et seq. and its implementing regulations (the “CCPA”), as modified by the California Privacy Rights Act (the “CPRA”), you have the right to know and understand the categories of personal information we collect about you, and the purposes for which we use such personal information.

Certain terms used in this Notice have the meaning given to them in the CCPA or CPRA and their implementing regulations. This Notice only applies to employees, contractors and job applicants who are residents of the State of California. The Company does not sell or otherwise disclose this personal information for monetary or other consideration to any third parties.

Categories of Personal Information We Collect

In each case as permitted by applicable law, we collect the following categories of personal information for the purposes described below:

• Personal identifiers, such as your name, preferred name, postal address, unique personal identifiers (such as device identifiers, cookies, beacons, pixel tags, mobile ad identifiers and similar technology), telephone number, online identifier, Internet Protocol address, email address, Social Security number, driver’s license number, passport number, date of birth, signature, physical characteristics or description, state identification card number, insurance policy number, education, bank account number, credit card number, debit card number, other financial information, medical information and health insurance information.
• Characteristics of protected classifications, such as race, color, national origin, religion, age, sex, gender, gender identity, gender expression, sexual orientation, marital status, medical condition, ancestry, genetic information, disability, citizenship status and military or veteran status. We only collect this information if you voluntarily disclose it and as permitted by applicable law, and we will not use this information to make hiring decisions.
• Biometric information, such as your physiological, biological or behavioral characteristics (including an individual’s deoxyribonucleic acid (DNA)), that can be used, singly or in combination with each other or with other identifying data, to establish individual identity. Biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns and voice recordings, from which an identifier template, such as a faceprint, a minutiae template or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms and sleep, health or exercise data that contain identifying information.
• Online activity, such as your browsing history, search history and information regarding your interaction with a website, application or advertisement.
• Geolocation data that indicates your precise location.
• Sensory data, such as audio and visual information that we may obtain if you use video interviewing as part of the application process. If you visit, work or perform services in our facilities or facilities in which we operate, your entry, exit and actions in or around those facilities may be monitored by CCTV.
• Professional or employment-related information, such as your employment history, job application or resume, employment contract, references, information about skills and abilities, accomplishments and awards, training and development information, performance evaluation information and employment termination information.
• Non-public education information, such as your education history, education records (such as grades, transcripts and class lists) and other information included in your resume or cover letter.
• Inferences drawn from other personal information, including any information referenced above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.
• Sensitive personal information as defined in the CPRA.

We also may collect personal information included in job interview notes, responses to screening questions, assessment results and any other information you provide in connection with the recruitment process.

Sources of Personal Information

We collect personal information you voluntarily provide to us during the application process or when you otherwise contact us. We may also automatically collect certain information, such as IP addresses and device identifiers.

We may combine personal information you voluntarily provide to us with information we collect from other sources, such as:

• Recruiters;
• Prior employers and professional references;
• Educational institutions;
• Pre-employment screening and background check services;
• Credentialing and licensing organizations;
• Publicly available sources, such as public social media profiles on LinkedIn, Twitter or Facebook; and
• Other sources as directed by you

Business Purposes for Collecting Personal Information

We use the categories of personal information above for the following business purposes:

• Recruitment of Employees and Processing and Managing Job Applications: We use your personal information to process your job application, create an applicant profile, evaluate your qualifications, schedule and conduct interviews and communicate with you.
• Conducting Pre-Employment Screening and Background Checks: In accordance with applicable law, we use your personal information to conduct employment screening and background checks.
• Compensation and Expense Management: We use your personal information to conduct payroll processing, salary administration, expense reimbursement, manage the Company’s corporate credit card program and other compensation purposes such as determining bonuses, equity and other forms of employee compensation.
• Benefits Administration: We use your personal information we collect to administer benefits we provide, such as medical, dental, vision, disability insurance, retirement benefits and other employee benefit programs.
• General Human Resources Management: We use your personal information we collect to provide general HR management services, including managing employee on-boarding, termination and separation, travel administration and return-to-work screening (including any medical screening as required or permitted by applicable law).
• Training and Professional Development: We use your personal information to provide employment-related training, assisting with professional licensing and development.
• Internal Employment Purposes: We use your personal information to conduct internal investigations, conduct surveys, resolve disputes, prevent or detect fraud or security incidents, conduct employee performance reviews, enforce our policies and code of conduct, protect the rights and safety of employees or others and manage whistleblower programs.
• Compliance with Legal Requirements and Enforcement of Our Legal Rights: We use your personal information to comply with applicable laws, regulations and legal processes (such as responding to subpoenas or court orders), and to respond to legal claims, resolve disputes, enforce our legal rights contained in employment or other contracts and comply with legal or regulatory recordkeeping requirements.

Disclosure of Personal Information

We may share your personal information for the business purposes described in this California Employee Privacy Notice with the following parties:

• Affiliates and Subsidiaries: We may share your personal information with our affiliates and subsidiaries.
• Service Providers: We may share your personal information with service providers, such as recruiters, pre-employment screening services, third-party benefits administrators, payroll processors, background check providers and others.
• Governmental Authorities: As required by law or legal process, we may share your personal information with federal or state regulatory agencies, law enforcement, courts and other governmental authorities.
• Professional Advisors: We may share your personal information with our professional advisors, such as auditors and law firms.
• Parties Involved with Business Transfers: We may share your personal information to third parties in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation).

In accordance with our policies and procedures, we will not discriminate or retaliate against you if you choose to exercise any of your rights under the CCPA or CPRA.

How to Contact Us

If you have any questions or concerns regarding this Notice or the collection of your personal information, please contact: legal@xyz.xyz.