Privacy Notice For Job Applicant Residents Of California

Date: August 28, 2024

This California job applicant privacy notice (“Notice”) is being provided to all California residents who submit information relating to an actual or potential application for employment (“you”) with the below employers:

Momentum Commerce, LLC

The employers listed above (referred to as “us,” “we” or “our”) collect and use personal information about you in an employment application or evaluation context as described in this Notice.

Please review this Notice carefully to understand our practices and treatment regarding your personal information. We respect the privacy rights of individuals and are committed to handling personal information responsibly and in accordance with all applicable laws. This Notice is designed to help you understand the categories of information about you that we collect, the purposes for which those categories of information will be used and to whom your personal information is disclosed and why. If you have any questions, regarding our collection or processing of your information, or have any comments or questions about this Notice, please reach out through the mechanisms found in section titled Contact Us.

Our Notice includes:

1. What Personal Information We Collect And Disclose And For What Purposes

2. How Long We Retain Your Information

3. Security

4. Your Data Rights

5. How To Submit A Request

6. How We Process Data Rights Requests

7. Changes To This Privacy Notice

8. Contact Us

1. WHAT PERSONAL INFORMATION WE COLLECT AND DISCLOSE AND FOR WHAT PURPOSES

During the application process, we will collect and/or process personal information about you. We will also disclose your personal information to third parties for the purposes of facilitating the evaluating and processing your application, as described below. Whenever we permit another entity to access your personal information, we will implement appropriate measures to ensure the information is used in a manner consistent with this Notice and that the security and confidentiality of your information is maintained.

Categories Collected The personal information we collect may include:	Sources of Collection We may collect your personal information from:	Business Purpose of Collection The purposes of collection include:	Categories of Third Parties to Whom Personal Information is Disclosed We may disclose your personal information:	Business Purpose of Disclosure The purposes of disclosure include:
Identifier Information:*	you directlyour background check providersour headhunting or employee search providerspublicly available databasesyour former employers or references	assess your suitability for employment for the role for which you are applying, as well as future roles that may become available perform recruitment related administrative functionsto perform background checks on youto communicate with you in regards to your applicationas required by lawto defend claims brought against us, to investigate violations of law or breaches of our own internal policies	to our subsidiaries and affiliates to our service providers**to individuals or entities you authorizeour background check providersas required for legal purposesto entities that acquire all or part of our business in a corporate transactionsto your former employers or references	assess your suitability for employment for the role for which you are applying, as well as future roles that may become available perform recruitment related administrative functionsto communicate with you in regards to your applicationto perform background checks on youas required by lawto defend claims brought against us, to investigate violations of law or breaches of our own internal policies
For example, we may collect your full name, personal e-mail address, personal phone number, signature, sex, gender, date of birth/age, postal address, location and preferred language. *For example, your personal information may be made available to our human resource platform provider, recruiting vendors, background check provider, e-mail and SMS texting platform provider or auditors.
Background Check Information:^†	you directlyour background check providerspublicly available databases	assess your suitability for employment for the role for which you are applying, as well as future roles that may become available perform recruitment related administrative functionsto perform background checks on youas required by lawto defend claims brought against us, to investigate violations of law or breaches of our own internal policies	to our subsidiaries and affiliates to our service providers^††to individuals or entities you authorizeas required for legal purposes	assess your suitability for employment for the role for which you are applying, as well as future roles that may become available perform recruitment related administrative functionsto perform background checks on youas required by lawto defend claims brought against us, to investigate violations of law or breaches of our own internal policies
^†For example, we may collect your educational and employment background, history, arrest records, conviction records, credit information, disciplinary actions and news articles about you. ^†† For example, your personal information may be made available to our human resource platform provider, recruiting vendors, background check provider or our auditors.
Professional or Employment-Related Information:^†	you directlyour headhunting or employee search providersour background check providerspublicly available databasesyour former employers or references	assess your suitability for employment for the role for which you are applying, as well as future roles that may become available perform recruitment related administrative functionsto perform background checks on youas required by lawto defend claims brought against us, to investigate violations of law or breaches of our own internal policies	to our subsidiaries and affiliates to our service providers**to individuals or entities you authorizeas required for legal purposesto entities that acquire all or part of our business in a corporate transactions	assess your suitability for employment for the role for which you are applying, as well as future roles that may become available perform recruitment related administrative functionsto perform background checks on youas required by lawto defend claims brought against us, to investigate violations of law or breaches of our own internal policies
^†For example, we may collect your resume, date of employment, employment history, pay or salary, standard hours, bonus, termination details, business unit and location, disciplinary actions, work authorization status, employee accomplishments, assessments, reviews, and disability, military or veteran status. ^††For example, your personal information may be made available to human resource platform provider, recruiting vendors, background check provider or our auditors.
Education Information:^⁂	you directlyour background check providersour headhunting or employee search providerspublicly available databases	assess your suitability for employment for the role for which you are applying, as well as future roles that may become available perform recruitment related administrative functionsto perform background checks on youas required by lawto defend claims brought against us, to investigate violations of law or breaches of our own internal policies	to our subsidiaries and affiliates to our service providers^⁂⁂to individuals or entities you authorizeas required for legal purposesto entities that acquire all or part of our business in a corporate transactions	assess your suitability for employment for the role for which you are applying, as well as future roles that may become available perform recruitment related administrative functionsto perform background checks on youas required by lawto defend claims brought against us, to investigate violations of law or breaches of our own internal policies
^⁂For example, we may collect your resume, curriculum vitae, transcripts, educational background, educational records and participation in ongoing education and training courses. ^⁂⁂For example, your personal information may be made available to our human resource platform provider, our employee data hosting vendor, our employee intranet platform provider, our employee background check provider or our auditors.
Inferences:^⁑	you directlyour headhunting or employee search providersour interviewer or recruiting professionalyour former employers or references	assess your suitability for employment for the role for which you are applying, as well as future roles that may become available perform recruitment related administrative functions	to our subsidiaries and affiliates to our service providers^⁑⁑to individuals or entities you authorizeas required for legal purposesto entities that acquire all or part of our business in a corporate transactions	assess your suitability for employment for the role for which you are applying, as well as future roles that may become available as required by lawto defend claims brought against us, to investigate violations of law or breaches of our own internal policies
^⁑ For example, we may collect your behavioral information, attitude information or abilities and/or preferences. ^⁑⁑ For example, your personal information may be made available to our human resource platform provider, recruiting vendors, background check provider or auditors.
Sensitive Personal Information (identity information)^ǂ	you directly	perform recruitment related administrative functionsto perform background checks on youas required by lawto defend claims brought against us, to investigate violations of law or breaches of our own internal policies	to our subsidiaries and affiliates to our service providers^ǂǂto individuals or entities you authorizeas required for legal purposesto entities that acquire all or part of our business in a corporate transactions	perform recruitment related administrative functionsto perform background checks on youas required by lawto defend claims brought against us, to investigate violations of law or breaches of our own internal policies
^ǂFor example, we may collect your Social Security number, driver’s license number, state identification card and number, nationality, place of birth and racial or ethnic origin. ^ǂǂ For example, your personal information may be made available to our human resource platform provider, employee data hosting vendor, employee intranet platform provider, employee background check provider or auditors.

Note that if you visit our public facing websites, we may collect personal information from you in the form of cookies or your IP address. This information is not collected in the context of your employment application and is not covered by this Notice.

2. HOW LONG WE RETAIN YOUR INFORMATION

We generally retain your information as long as reasonably necessary to administer the evaluation of your application for employment, comply with applicable law or our document retention policy. This means that we may retain your personal information even if we reject your employment application. To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means and the applicable legal requirements.

3. SECURITY

We will store your information for the period required to serve the legitimate purpose for which it was collected or as required by law. We take a range of reasonable measures to protect your personal information and to store it in a secure environment, whether that is in paper or electronic form. We also take reasonable steps to protect any personal information from misuse, loss and/or unauthorized access, modification, or disclosure.

4. YOUR DATA RIGHTS

The California Consumer Privacy Act (“CCPA”) provides the residents of California with the right to request the data rights as described in this section.

Right to Know: California residents have the right to know what personal information that we have collected about them, including the categories of personal information, the categories of sources from which the personal information is collected in the past 12 months, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information that we have collected about them.

The categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for which we collect personal information and the categories of third parties to whom we disclose personal information are found in the general Notice under the section: What Information We Collect And Disclose And For What Purposes.

California residents have a right to know if we are “selling” or “sharing” their personal information, what categories of personal information are “sold” or “shared,” and to whom.

“Sell,” “selling,” “sale,” or “sold,” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business a third party for monetary or other valuable consideration.
“Share,” “shared,” or “sharing,” means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavioral advertising for the benefit of a business in which no money is exchanged.

We did not “sell” or “share” your employment related personal information as defined under California law.

Right to Delete: California residents have the right to request the deletion of their personal information maintained by us.

Right to Correct: California residents have the right to request that we correct inaccurate personal information that we maintain about them.However, we reserve the right to delete your inaccurate personal information instead of correcting it, if permitted by the CCPA.

Right to Non-Discrimination: California residents have the right to not be discriminated against due to the exercise of their CCPA privacy rights.

Right to Opt-Out: California residents have the right to opt-out of the “sale” or “sharing” of their personal information. However, we did not “sell” or “share” you’re employment application related personal information as defined under California law.

Right to Limit Use and Disclosure of Sensitive Personal Information: California residents have the right to direct a business to limit its use and disclosure of their “sensitive” personal information. California residents can request that a business limit its use or disclosure of their “sensitive” personal information to that use or disclosure which is necessary to perform the services or provide the goods reasonably expected by an average consumer, or to those uses or disclosures otherwise authorized by California law.

However, we do not use or disclose your “sensitive” personal information for any purpose other than for the specific purposes described under the CCPA regulation § 7027(m) and always in a manner reasonably necessary and proportionate for these permitted purposes. For information on how we use or disclose your “sensitive” personal information, please see the applicable disclosures in the section titled: What Information We Collect From You And For What Purposes.

Right to Make Requests Through an Authorized Agent:California residents can designate an authorized agent to make a request under the CCPA on their behalf.

California residents can designate an authorized agent to make requests under the CCPA on their behalf relating to the residents’ personal information. Only you as a California resident, or a person you have designated in writing as your authorized agent, may make a consumer request related to your personal information.

If you wish to have an authorized agent make a verifiable consumer request on your behalf, they will need to provide us with sufficient written proof that you have designated them as your authorized agent, such as a power of attorney pursuant to California Probate Code sections 4000 to 4465. We will still require you to provide sufficient information to allow us to reasonably verify that you are the person about whom we have collected personal information. We can deny any request made by a purported authorized agent who does not submit proof that they has been authorized by the California resident to act on the California resident’s behalf.

Notice of Financial Incentives: California residents are entitled to certain information about a business’s financial incentive programs. However, we do not offer any financial incentive programs job applicants.

5. HOW TO SUBMIT A REQUEST

You can submit your request to exercise a data right through:

Filling-out the Data Subject Request form (linked here)
Calling us toll-free at 1-(844)-441-9869 PIN: 685805
E-mailing us directly at dataprivacy@momentumcommerce.com

6. HOW WE PROCESS DATA RIGHTS REQUESTS

Once we receive your request to exercise a right, we will confirm receipt and begin to evaluate, and if appropriate, process the request.

We may require that you provide additional information to confirm your identity, including providing us with at least two or more pieces of personal information to match against personal information that we currently maintain about you. We reserve the right to reject your request if we are unable to verify your identity to a sufficiently high level of certainty. The information you provide to verify your identity will only be used for verification purposes, and a record of your request, including certain information contained within it, will be maintained by us for our files.
To authenticate any request to correct personal information, you may be required to provide authentication information.
We will make every effort to comply with your request to delete their personal information, however, certain laws or other legal requirements might prevent some personal information from being deleted.

If you fail or refuse to provide the necessary information, we may not be able to process your request.

If we reject a request for any reason, we will inform you of the basis of the rejection. Not all individuals about whom we possess information will have access to these rights and we may not be able to provide these rights to everyone due to legal and jurisdictional limitations. We may not be able to comply with your request for a number of reasons, including:

you do not live in a state that grants you the specific right that you have requested;
the information that you’ve requested is not subject to the regulation that grants you the right to make a request in relation to your personal information;
we are prevented or exempted by law, regulation or rule from complying with your request;
we do not maintain your personal information in a manner that is connected to your identity;
we are not able to comply with your request without incurring disproportionate burden or expense; or
if complying with your request conflicts with our ability to evaluate your application for employment or to establish, defend or administer legal claims.

If any of the above reasons apply, we will let you know in our response to your request.

7. CHANGES TO THIS PRIVACY NOTICE

This Notice may be updated periodically to reflect any necessary changes in our privacy practices. You will be able to see when we last updated this Notice because we will include a revision date at the top.

8. CONTACT US

To submit questions or to inquire about or submit a request relating to data rights, you can contact us by:

Calling us toll-free at 1-(844)-441-9869 PIN: 685805
E-mailing us directly at dataprivacy@momentumcommerce.com