California Employee and Applicant Privacy Notice

INTRODUCTION.

This California Employee and Applicant Privacy Notice (the “Notice”) applies to any California residents who are employees, contractors, job applicants, and prospective employees of Skybound, LLC, together with its parent companies, subsidiaries, affiliates, brands and divisions, as may change from time to time (collectively, “Skybound,” “we,” “us,” “our”) and about whom we have collected personal information in the course of your employment or application for employment with us (collectively, “you”). This Notice pertains to your information if you have communicated with us regarding potential employment, applied for employment with us, or are currently employed by us.

For the purposes of this Notice, except where a different definition is noted, “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.

We provide this Notice to comply with applicable privacy laws, including the California Consumer Privacy Act of 2018 and as amended by the California Privacy Rights Act of 2020 (together, the “CCPA”). The CCPA provides California residents, including in an employment capacity, with rights to receive certain disclosures regarding the collection, use, and sharing of personal information, as well as rights to access, correct, delete, and restrict the sale, use, and disclosure of certain personal information we collect about them, unless exceptions apply. California residents also have the right not to receive discriminatory treatment by us for the exercise of their privacy rights under the CCPA. For purposes of the CCPA, we do not sell or share the personal information or sensitive personal information of job applicants or employees.

For more information about Skybound’s general privacy practices, please review our disclosures in the Skybound Privacy Policy by clicking here. If you have any questions about the information disclosed in this Notice, you may contact us at . If you are a visually impaired individual, an individual with another disability, or an individual seeking support in another language, you may access this Notice by emailing us at accounts@skybound.com.

1. COLLECTION OF PERSONAL INFORMATION

We may have collected the following categories of personal information about you over the past twelve (12) months:

• Identifiers, such as name, email address, postal address, billing information, business contact information, phone number, social security number, driver’s license number, passport number, state or other government-issued identification number, employee identification number, IP address, unique device identifier, device information and identifiers, device’s operating system, app identifiers, device operating system information as well as other similar identifiers, and emergency contact details.
• Any personal information described in subdivision (e) of Section 1798.80, including identifiers, signature, credit and debit card numbers as well as expiration date, bank account number, and other financial information, medical information, health insurance information, workers’ compensation claim information, and physical characteristics or description.
• Characteristics or protected classifications under California or federal law, such as age, date of birth, gender, nationality, racial or ethnic origin, citizenship, religion or creed, marital status, medical condition, physical, or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth, and related medical conditions), sexual orientation, veteran or military status, criminal history, drug test results, and trade union membership.
• Commercial information, such as records of personal property, products or services purchased, obtained, or considered, vehicle identification number (VIN), account balances, payment history, or account activity, credit application, credit reports, credit checks, and information from credit reporting agencies, bank account number, routing number, and other information relating to your financial institution required to administer payroll and reimburse business expenses as well as any other purchasing or consumer histories or tendencies required for recruiting and employment applications.
• Internet or other electronic network activity information, such as email logs, information relating to your web browsing sessions including navigation to and from websites, browsing history, search history, and information regarding your device, operating system, and browser as well as your use of our access portals, interfaces, and properties.

• Geolocation data, such as Global Positioning System data, city/state, zip code, and physical location, locational information based upon your IP address, cell network data, and other similar locational data which may be collected from various devices including your mobile device(s).
• Audio, electronic, visual, or similar information, on-premises video surveillance information, any photo, video, or audio information you submit through the Skybound applicant and employee portals.
• Professional or employment-related information, such as your employment and education history, information relating to your compensation and benefits, information from background checks or references, information relating to your performance evaluations, and work-related travel booking details and travel history.
• Education information, such as education records maintained by an educational institution as well as information about any training or certification programs.

Certain of the personal information that we collect, as described above, may constitute “sensitive personal information” under California law, including: Social Security number, driver’s license number, passport number, state-issued identification card number, precise geolocation, racial and/or ethnic origin, religious or philosophical beliefs, union membership, certain health information, sexual orientation, and account log-in and password.

Please note that because of the overlapping nature of certain of the categories of personal information identified above, which are required by state law, some of the personal information we collect may be reasonably classified under multiple categories.

2. USE OF PERSONAL INFORMATION

We may collect or use your personal information for the following purposes relating to employment or potential employment with us:

• Applying for employment or an internship (including screenings, processing employment applications, interviews, and performing background checks).
• Communications with employees and applicants.
• Workforce management and planning (e.g., performance reviews, evaluations, and internal investigations).
• Administering payroll, employee benefits, and health insurance.
• Employee training and education.
• Managing vendors, contractors, and business partners.
• IT and systems operations, maintenance, and security.
• Risk management and audits.
• Legal compliance.
• Protecting the legal rights, safety, privacy, and property of us, you, and others.
• Fulfilling tax and other government filing requirements.

We may use the categories of sensitive personal information identified in Section 1 for any of the employment-related purposes listed above.

We will not retain any personal information we collect about you for longer than is reasonably necessary for the disclosed purpose of using such personal information. Our determination of precise retention periods will be based on (i) the length of time we have an ongoing relationship with you, (ii) whether there is a legal obligation to which we are subject, and (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).

3. SOURCES OF PERSONAL INFORMATION

We may collect personal information from the following categories of sources:

• From you, including from your employment application, over the course of your employment (as applicable), such as in-person or via email, telephone, electronic messaging, postal mail, social media and similar means as well as any other ways you choose to share information with us.
• From other individuals, including other employees and contractors.
• From our service providers, including providers of background checks and credit checks, recruiters, communications and analytics providers, internet service providers, operating systems and platforms, data brokers, fraud solutions, health and risk insurance brokers, and healthcare carriers.
• From government entities, to assist in providing employee benefits and services to you.
• From publicly available information, from third parties or otherwise provided to us.

We may supplement the information described above with information we obtain from other sources, including from both online and offline information providers.

4. YOUR CALIFORNIA PRIVACY RIGHTS

California residents about whom we have collected personal information have the right to submit the following requests:

• Right to Know. Right to, up to twice in a 12-month month period, to know what personal information we collect, use, disclose, and/or or sell/share, as applicable.
• Right to Delete. Right to request under certain circumstances that we and our service providers and contractors delete the personal information that we collect about them.
• Right to Opt-Out of Sale/Sharing. Right to opt-out of our sale/sharing of their personal information, as those terms are defined by the CCPA.
• Right to Correct. The right to request the correction of inaccurate personal information.
• Right to Limit Use and Disclosure. The right to limit the use or disclosure of sensitive personal information to only the uses necessary for us to provide our products and services to them, or for certain other authorized purposes.
• Right to Non-Discrimination. The right not to receive discriminatory treatment for the exercise of the privacy rights described above.

How to submit a request. You may exercise any of the rights described in this section in any of the following ways:

• Email: accounts@skybound.com
• Postal Address: 9570 West Pico Blvd., Los Angeles, CA 90035

If you are a visually impaired individual, an individual with another disability, or an individual seeking support in another language, you may access this Notice by emailing us at accounts@skybound.com.

Please note that we may require you to provide appropriate documentation to support your correction request, which we will use only for purposes of actioning your request. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”) as permitted by the CCPA.  We will not fulfill your request unless you have provided sufficient information that enables us to reasonably verify that you are the consumer about whom we collected the personal information on.  In order to verify you, you must provide us with your first and last name, email address, and street address. These rights are also subject to various exclusions and exceptions under applicable laws.

We will respond to your request within forty-five (45) days after receipt of a Verifiable Consumer Request for a period covering twelve (12) months and for no more than twice in a twelve-month period.  We reserve the right to extend the response time by an additional forty-five (45) days when reasonably necessary and provided consumer notification of the extension is made within the first forty-five (45) days.

Authorized agents. You may also designate an authorized agent, in writing or through a power of attorney, to request to exercise the above rights on your behalf. If you designate an authorized agent to exercise your various rights under the CCPA, we may require that you provide your authorized agent with written permission to exercise your various rights and to verify your own identity with us. If your authorized agent does not submit proof that they have been authorized by you to submit verified requests, we reserve the right to deny such a request that we have received and will explain to your authorized agent why we have denied such request.

The authorized agent may submit a request to exercise these rights by emailing the letter of authorization or power of attorney to accounts@skybound.com.

5. DISCLOSURE OF PERSONAL INFORMATION

We may disclose your personal information to our service providers for one or more business purposes related to your application or employment as applicable. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not to use it for any purpose except performing the contract.

6. CHILDREN’S PRIVACY

We may collect information from minors as the information relates to employee healthcare benefits as well as to fulfill our obligations under federal and state law. We will only do so with parental or guardian consent.

7. CHANGES TO THIS CALIFORNIA EMPLOYEE PRIVACY NOTICE

We may update this Notice from time to time and will alert you to changes that have been made by indicating the Effective date at the top of this Notice.