California Job Applicant Privacy Notice

Last Updated: October 16, 2023

This California Job Applicant Privacy Notice (“Privacy Notice”) explains how One80 Intermediaries Inc. and its subsidiaries and affiliates (collectively, “we,” “our,” “us” or “Company”) collects, uses, discloses, and otherwise processes personal information about our California-based recruits and job applicants.

This Privacy Notice is not a contract and does not create any legal rights or obligations. This Privacy Notice also is not intended to replace other notices or disclosures we may provide to you in connection with your application for a job or eventual role in our organization, which will supersede any conflicting disclosures contained in this Privacy Notice.

When we use the term “personal information” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you within the context of you acting as a job applicant. It does not include aggregated or deidentified information that is maintained in a form that is not capable of being associated with or reasonably linked to you.

During the recruiting process and when you apply for a job with us, we collect personal information about you, which may include:

• Contact Information: such as your full name, email address, home address and telephone number.

• Professional History & Qualifications: such as your previous employers, positions and work experience, professional licenses, certificates or other qualifications, and employment references or referrals.   

• Educational History & Qualifications: such as your highest level of education, the schools you attended and when you were in attendance, degrees, certificates or other educational qualifications you earned, and your transcripts or educational references.

• Financial Information: such as your desired salary, bonus, benefits, expenses, and stock or equity grants.

• Background Check Information: when permitted by applicable law, we may choose to conduct a background check in connection with your application such as to verify professional and educational history and qualifications or identify criminal history that may be relevant for a position with us. The results of the background check may include personal information we do not already have about you.

• Equal Opportunity Information: such as age, race, ethnicity, national origin, citizenship, sex, gender identity, sexual orientation, religion, disability or accommodation request, or marital or veteran status when you choose to provide it, but it will not be used in the hiring decision.

• Web-Related Information: such as technical details (including IP addresses) about your visit to our online services contained in log files or analytics data relating to your usage and activity on our online services. For more information, please refer to the general Privacy Notice on our website.

• Other Application and Interview Information: any personal information you choose to share with us in your interview or application, CV, resume, transcripts or other supporting documentation.

Although we often collect the personal information described above directly from you, we may also collect certain information from references, recruiters, job-related social media sites (such as LinkedIn), and publicly available sources. In addition, we may also collect this information through service providers and other third parties that collect it on our behalf, such as communications providers, scheduling providers and application providers.

We use the personal information we collect during the recruiting process and when you apply for a job with us to:

• Identify you as a potential candidate and review your application for a position with us;

• Verify the information provided to us in connection with your application or received from other sources;

• Determine your eligibility and suitability for the potential position or other opportunities with us;

• Facilitate the recruiting and interview process;

• Communicate with you about the status of your application or other opportunities with us that may be of interest to you;

• Assess and improve the performance and success of our recruiting and hiring process;

• Conduct internal investigations, audits, compliance, risk management, problem resolution and security operations;

• Fulfill contractual obligations to you and other third parties;

• Comply with applicable law, rule, regulation, legal proceeding and government investigations, including relating to tax reporting and immigration.

Please note that if you accept an offer from us, we may transfer the personal information we collected about you during the recruiting and job application process to your personnel file with us.

We may also process deidentified information that cannot reasonably be used to infer information about, or otherwise be linked to, a particular consumer or household.  The Company commits to maintain and use the information in deidentified form and will not attempt to reidentify the information, except in instances where necessary for determining whether the deidentification process used by the Company satisfies the requirements under applicable law.

We may share your personal information with the following third parties for the purposes described below:

• Within the Company: We share personal information relating to recruits and job applicants within our family of companies for internal administrative purposes and uses that are consistent with this Privacy Notice. For example, the entity responsible for the job posting may share personal information about an applicant with another entity that is responsible for our organization-wide recruiting and employment decisions.
• Recruiters and Job Application Providers: We often engage recruiters and job application providers to assist us in identifying potential job applicants and processing job applications we receive. In order for these third parties to assist us in the recruiting and job application process, we share personal information about potential and current personnel with them.
• Other Service Providers: In addition to the third parties identified above, we may engage other third parties to perform certain functions on our behalf in connection with the uses of personal information described in the Our Collection and Use of Personal information section above, including assisting us with our recruiting process, personnel management, benefits and services offerings, and other related business operations. Depending on the function the third party serves, the service provider may process personal information on our behalf or have access to personal information while performing functions on our behalf.
• Business Transaction or Reorganization: We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. 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. Personal information may also be disclosed in the event of insolvency, bankruptcy, or receivership.
• Legal Obligations and Rights: We may disclose personal information to third parties, such as legal advisors and law enforcement:
  • in connection with the establishment, exercise, or defense of legal claims;
  • to comply with laws and regulations or to respond to lawful requests and legal process;
  • to protect our rights and property and the rights and property of our agents, customers, and others, including to enforce our agreements, policies, and terms of use;
  • to detect, suppress, or prevent fraud;
  • to reduce credit risk and collect debts owed to us;
  • to protect the health and safety of us, our customers, or any person; or
  • as otherwise required by applicable law.
• Otherwise with Consent or Direction: We may disclose personal information about our recruits and applicants with your consent or direction.

The following personal information elements we collect may be classified as “sensitive” under certain privacy laws (“sensitive information”):

• Information relating to racial and ethnic origin, religious beliefs, health, disabilities, sexual orientation, and gender identity.

We use this sensitive information for the purposes set forth in the Our Collection and Use of Personal information section above.

We do not sell sensitive information, and we do not process or otherwise share sensitive information for the purpose of targeted advertising. However, subject to certain legal limitations and exceptions, you may be able to limit our processing of sensitive information (as described in the Your Privacy Rights section below).

We do not sell personal information about individuals in connection with job applicants, and we do not share or otherwise disclose personal information about individuals acting in their capacity as job applicants to third parties for the purpose of displaying advertisements that are selected based on personal information obtained or inferred over time from an individual’s activities across businesses or distinctly-branded websites, applications, or other services (otherwise known as “targeted advertising” or “cross-context behavioral advertising”).

We retain personal information only for as long as is reasonably necessary to fulfil the purpose for which it was collected. However, if necessary, we may retain personal information for longer periods of time, until set retention periods and deadlines expire, for instance where we are required to do so in accordance with legal, tax, and accounting requirements set by a legislature, regulator, or other government authority.

To determine the appropriate duration of the retention of personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of personal information, and if we can attain our objectives by other means, as well as our legal, regulatory, tax, accounting, and other applicable obligations.

Once retention of the personal information is no longer necessary for the purposes outlined above, we will either delete or deidentify the personal information or, if this is not possible (for example, because personal information has been stored in backup archives), then we will not further process the personal information until deletion or deidentification is possible.

We use the personal information we collect during the recruiting process and when you apply for a job with us to:

As a California resident, you may be able to exercise the following rights in relation to the personal information that we have collected about you (subject to certain limitations at law):

• The Right to Access/Know. The right to confirm whether we are processing personal information about you and, under California law only, to obtain certain personalized details about the personal information we have collected about you, including:
  • The specific pieces of personal information we have collected about you;
  • The categories of personal information collected;
  • The categories of sources of the personal information;
  • The purpose for which the personal information were collected;
  • The categories of personal information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
  • The categories of personal information shared for cross-context behavioral advertising purposes (if any), and the categories of recipients to whom the personal information were disclosed for those purposes; and
  • The categories of personal information we have sold or shared about you (if any), and the categories of third parties to whom the information was sold or shared.
• The Right to Request Deletion. You have the right to request the deletion of personal information we have collected from you, subject to certain exceptions.
• The Right to Correction. You have the right to request that any inaccuracies in your personal information be corrected, taking into account the nature of the personal information and the purposes of the processing of your personal information.
• The Right to Control Over Automated Decision-Making/Profiling. The right to direct us not to use automated decision-making or profiling for certain purposes.

You also have the right to not receive retaliatory or discriminatory treatment in connection with a request to exercise the above rights. However, please note that if the exercise of these rights limits our ability to process personal information, we may no longer be able to engage with you in the same manner.

Submitting Privacy Rights Requests:

To exercise your rights, please submit a request by emailing legal@one80.com.

Before processing your request, we will need to verify your identity and confirm you are a resident of the State of California. In order to verify your identity, we will generally either require the successful authentication of your work-related account, or the matching of sufficient information you provide us to the information we maintain about you in our systems. We may at times need to request additional personal information from you, taking into consideration our relationship with you and the sensitivity of your request.

In certain circumstances, we may decline a privacy rights request, particularly where you are not a resident of the State of California or where we are unable to verify your identity.

Authorized Agents

In certain circumstances, you are permitted to use an authorized agent to submit requests on your behalf through the designated methods set forth above where we can verify the authorized agent’s authority to act on your behalf. In order to verify the authorized agent’s authority, we generally require evidence of either (i) a valid power of attorney under the laws of California or (ii) a signed letter containing your name and contact information, the name and contact information of the authorized agent, and a statement of authorization for the request. Depending on the evidence provided, we may still need to separately reach out to you to confirm the authorized agent has permission to act on your behalf and to verify your identity in connection with the request.

We will update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the “Last Updated” date at the bottom of this Privacy Notice. If we make material changes to this Privacy Notice, we will notify you by email, by prominent posting on our intranet, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided in the notification.

If you have any questions or requests in connection with this Privacy Notice or other privacy-related matters, please contact legal@one80.com.