California Applicant Privacy Notice

Effective Date: January 4, 2023

The purpose of this Applicant Privacy Notice (“Applicant Privacy Notice”) is to inform California job applicants (“Applicants” or “you”) of 48forty Solutions, LLC, (“48forty,” “we,” “us,” or “our”), of the categories of Personal Information we collect, use, and disclose, and the rights you have relating to your Applicant Personal Information under the California Consumer Privacy Act, as amended (the “CCPA”).

Unless otherwise noted, the disclosures herein cover our activities in the twelve (12) months preceding the Effective Date, as well as our current practices.

I. Collection, Use, and Disclosure of Applicant Personal Information

As used in this Applicant Privacy Notice, the term “Applicant 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 48forty Applicants. Applicant Personal Information does not include information that is publicly available, de-identified, or aggregated, and the CCPA exempts certain additional categories of information from its purview, such as information subject to other laws and regulations. This Notice applies only to information governed by the CCPA.

We may collect, use, and disclose Applicant Personal Information for business purposes consistent with applicable laws as identified below. Where 48forty discloses applicable Applicant Personal Information to recipients, such as our service providers, it does so for the same business purposes described below. These examples may vary depending on the nature of your interactions with us.

Category of Applicant Personal Information	Business Purposes for Collection, Use, or Disclosure	Categories of Recipients to Whom Applicant Personal information is Disclosed for a Business Purpose
Identifiers such as personal contact details (such as name, username and password for our careers website, telephone number, email address, mailing address, IP address); professional license numbers	To open and maintain your application records To communicate with you regarding your application To confirm eligibility, qualification, and background checks To comply with applicable state, federal labor, employment, equal employment opportunity, and related laws	Data analytics providers Security providers Background check vendors Information technology vendors Service providers
Personal information described in Cal. Civ. Code § 1798.80(e) such as name, physical and electronic signature, address, telephone number, physical characteristics, education, employment, employment history Some of this information overlaps with the other categories listed in this Notice.	To open and maintain your application records To communicate with you regarding your application To confirm eligibility, qualification, and background checks To comply with applicable state, federal labor, employment, equal employment opportunity, and related laws	Data analytics providers Security providers Background check vendors Information technology vendors Service providers
Protected classification characteristics such as age and date of birth, citizenship, race, ethnic origin, sex, gender, military or veteran status, medical condition, disability	To confirm eligibility, qualification, and background checks To comply with applicable state, federal labor, employment, equal employment opportunity, and related laws	Data analytics providers Security providers Background check vendors Information technology vendors Service providers
Internet or other electronic network activity information such as browser type and language, operating system, website access time, duration of visit, referring website address, browsing and search history on our websites, webpages viewed immediately before and after our websites, information related to your interactions with our websites, emails, online chat, text message communications, and advertisements	To open and maintain your application records To communicate with you regarding your application To investigate security breaches and misuse of computer equipment and systems, and for safety and security. To confirm eligibility, qualification, and background checks	Data analytics providers Security providers Background check vendors Information technology vendors Service providers
Professional or employment-related information such as skills, qualifications, work experience, references, recommendations, and other information included in a resume, CV, application form, or cover letter; Answers to behavioral or other screening questions in an application or interview; Information contained in any websites or documents you choose to share with us; Information relating to professional licenses, training, disciplinary actions, and membership in professional organizations; Information relating to membership in civic organizations.	To open and maintain your application records To communicate with you regarding your application To confirm eligibility, qualification, and background checks To comply with applicable state, federal labor, employment, equal employment opportunity, and related laws	Data analytics providers Security providers Background check vendors Information technology vendors Service providers
Non-public education information such as school(s) attended, grades, transcripts, records of attendance, disciplinary records, and other information relating to your secondary and post-secondary education, including any graduate or professional degrees.	To open and maintain your application records To communicate with you regarding your application To confirm eligibility, qualification, and background checks To comply with applicable state, federal labor, employment, equal employment opportunity, and related laws	Data analytics providers Security providers Background check vendors Information technology vendors Service providers
Applicant Personal Information that does not directly fall within the categories listed in the CCPA, including immigration, visa status, and work authorization information, languages spoken, willingness to relocate, driving record, criminal records and background check information, drug and alcohol screening information, and the contents of your communications with us.	To assess your eligibility for employment For security and fraud detection and prevention For internal research To confirm eligibility, qualification, and background checks To comply with applicable state, federal labor, employment, equal employment opportunity, and related laws	Data analytics providers Security providers Background check vendors Information technology vendors Service providers

In addition, we may receive and collect additional categories or examples of information from you that you may provide on a voluntary basis which we would not otherwise request or collect. For example, information you provide to us in communications, during your interviews, on your CV, or in your cover letter.

II. Collection, Use, and Disclosure of Applicant Sensitive Personal Information

48forty may collect, use, and disclose Applicant sensitive Personal Information for business purposes consistent with applicable laws as identified below. Where 48forty transfers applicable Applicant sensitive Personal Information to recipients, such as our service providers, it does so for the same business purposes described below. These examples may vary depending on the nature of your interactions with us.

Category of Applicant Sensitive Personal Information	Business Purposes for Collection, Use, or Disclosure	Categories of Recipients to Whom Applicant Personal information is Disclosed for a Business Purpose
Social security number, driver’s license, state identification card, or passport number	To assess your eligibility for employment To comply with applicable laws and regulations For tax purposes To manage the security of our premises and systems.	Background check vendors Credit bureaus Information technology vendors Service providers.
Personal Information that reveals a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership	To comply with applicable laws and regulations.	Background check vendors Credit bureaus Information technology vendors Service providers.
Personal Information collected and analyzed concerning a consumer’s health (i.e., drug-screening information	To assess your eligibility for employment For safety and security.	Background check vendors Credit bureaus Information technology vendors Service providers.

III. How We Disclose Applicant Personal Information

We may disclose each of the categories of Applicant Personal Information identified above to the respectively identified categories of recipients for operational or business purposes consistent with the purposes for collection or use designated, as is reasonably necessary and proportionate to achieve those purposes, or for another purpose that is compatible with the context in which the Applicant Personal Information was collected including, but not limited to:

Helping to ensure security and integrity;
Debugging, repairing, and improving functionality;
Short-term, transient use;
Performing services on our behalf;
Internal research for technological development; and
Verifying quality and/or safety.

In addition to the other purposes for collection, use, and disclosure of Applicant Personal Information described in this Applicant Privacy Notice, we may collect, use, and disclose Applicant Personal Information as required by law, regulation or court order; to respond to governmental and/or law enforcement requests; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our or others’ rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; or in connection with disciplinary actions/investigations. Likewise, we may use and disclose Applicant Personal Information to other parties in connection with the sale, assignment, merger, or reorganization.

IV. Sources of Applicant Personal Information

We may collect the Applicant Personal Information identified above from the following sources:

Directly from you. For example, during the application process and throughout your interactions with us, including through our IT systems, company forms, and other processes where you submit information to us.
Automatically when using our electronic systems. For example, we may collect your usage history when you use our websites, systems, and applications.
Automatically when you visit our facilities. For example, security camera footage.
From service providers that help us run our business. For example, from human resources and information technology vendors, background check agencies, and other service providers.

We may also collect publicly available information about you, including information that is lawfully made available to the general public from federal, state, or local government records.

V. Selling or Sharing of Applicant Personal Information

We do not sell Applicant Personal Information or share it for cross-context behavioral advertising. If you also interact with us as a consumer, please review our California Consumer Privacy Notice for more information about our practices in that context. We do not have actual knowledge that we sell or share the Personal Information of consumers under sixteen (16) years of age.

VI. Data Retention

We generally maintain Applicant Personal Information according to our retention obligations and policies, operational business purposes, and other legal and regulatory requirements. For example, the Applicant Personal Information you provide may be retained and used to consider whether your skills are suitable for other opportunities with 48forty. We discard this Applicant Personal Information when reasonably practicable.

We keep the categories of Applicant Personal Information described above for as long as is necessary for the purposes described in this Notice or otherwise authorized by law. This generally means holding the information for as long as one of the following apply:

Your Applicant Personal Information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
Your Applicant Personal Information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which it was collected;
Your Applicant Personal Information is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case); or
We are otherwise required or permitted to keep your Applicant Personal Information by applicable laws or regulations.

Where your Applicant Personal Information is used for more than one purpose, we will retain it until the purpose with the latest period expires. For more information about our retention policies, please contact us using the contact details below.

VII. Cookies and Tracking Technologies

We may use tracking technologies, such as cookies, including tracking technologies managed by vendors or external parties.

Tracking technologies can generally be categorized as follows:

Necessary or essential. These tracking technologies are used for core functionality, for example for security and to enforce your privacy preferences. Without these cookies, some functionality on our website will fail.
Functional or analytics. These tracking technologies help to improve our website by allowing us to understand how the website is used and how it performs. We may also use location-aware technologies to locate you, including as determined by your IP address, for purposes such as verifying your location and delivering or restricting content based on your location.
Advertising. These tracking technologies help personalize ads that are shown to you on our website, as well as on other parties’ online services. If enabled, these tracking technologies will allow other parties to engage in advertising based on your use of online services across platforms and over time.

We may combine tracking technology information with other personal information about you. We or external parties, on our behalf and pursuant to contract, may collect personal information about your online activities over time and across different online services when you use our website.

We may use Google Analytics or other providers for analytics services. We may also implement Google Analytics Advertising Features such as remarketing with analytics and interest-based ads. We may use first-party cookies or other first-party identifiers as well as third-party cookies or other third-party identifiers to, e.g., deliver advertisements, measure your interests, and/or personalize content. For more information on how Google Analytics uses data collected through our Services, visit http://www.google.com/policies/privacy/partners. To opt out of Google Analytics cookies, visit https://tools.google.com/dlpage/gaoptout or download the Google Analytics Opt-Out Browser Add-On.

You may also opt out of certain tracking technologies by visiting the opt out services by the Digital Advertising Alliance. You can also visit Ad Choices (US). Opting out through these services out does not mean you will no longer receive advertising from us, or when you use the internet.

Depending on your device settings, you may also opt out of certain interest-based advertising through your device’s "Limit Ad Tracking" or equivalent feature. Refer to your device for more information on what this opt out affects. For instance, you can adjust or reset the advertising identifiers on your mobile device in the device settings. iOS users can visit Settings > Privacy > Advertising > Reset Advertising Identifier. Android users can visit Google settings > Ads > Reset advertising ID.

You can set your browser to refuse cookies from websites, but if you do so, you may not be able to access or use portions of our website, and certain offerings on our website may not function as intended or as well.

We are not responsible for opt out processes provided by external parties.

VIII. California Privacy Rights

If you are a resident of California, you have the right to submit certain requests relating to your Personal Information as described below. To exercise any of these rights, please submit a request through our webform or call us at 1-877-779-8577 Please note that, if you submit a request to know, request to delete or request to correct, you will be asked to verify your identity. You may designate an authorized agent to make a request on your behalf; however, you will still need to verify your identity directly with us before your request can be processed.

Right to Know. You have the right to know what Applicant Personal Information we have collected about you, which includes:

The categories of Applicant Personal Information we have collected about you, including:

The categories of sources from which the Applicant Personal Information was collected;
Our business purposes for collecting or disclosing Applicant Personal Information;
The categories of recipients to which we disclose Applicant Personal Information;
The categories of Applicant Personal Information that we disclosed for a business purpose, and for each category identified, the categories of recipients to which we disclosed that particular category of Personal Information.

2 The specific pieces of Applicant Personal Information we have collected about you.

Right to Delete Your Personal Information. You have the right to request that we delete Applicant Personal Information we collected from you, subject to certain exceptions.

Right to Correct Inaccurate Information. If you believe that Applicant Personal Information we maintain about you is inaccurate, you have the right to request that we correct that information.

Right to Opt Out of Sales and Sharing of Personal Information. We do not sell Applicant Personal Information or share it for cross-context behavioral advertising.

Right to Limit Use and Disclosure of Sensitive Personal Information. We do not use or disclose Applicant sensitive Personal Information for purposes to which the right to limit use and disclosure applies under the CCPA.

Right to Non-Discrimination for the Exercise of Your Privacy Rights. If you choose to exercise any of your privacy rights under the CCPA, you also have the right not to receive discriminatory treatment by us, including retaliation against you as a job applicant.

IX. Security

We use appropriate administrative, technical, physical, and organizational measures to protect the Applicant Personal Information we collect and process about you. The measures we use are designed to provide a level of security appropriate to the risk of processing your Applicant Personal Information. This includes managerial measures, including establishment and implementation of internal management plan and periodic training for employees; technical measures, including controlling access rights to personal information processing systems and encryption of important data; and physical measures, including external security and management of system servers. While we implement security measures designed to be appropriate to the relevant risks, please note no data transmission over the internet or any wireless network can be guaranteed as being 100% secure.

X. Change in Statement

We reserve the right to amend this Applicant Privacy Notice at any time without advance notice in order to address future developments of 48forty, our website, or changes in industry or legal trends. We will post the revised Applicant privacy Notice on our website here. You can determine when the Applicant Privacy Notice was revised by referring to the “Effective Date” legend on the top of this Applicant Privacy Notice. Any changes will become effective upon the posting of the revised Applicant Privacy Notice on our website.

XI. Contact Information

Please contact Human Resources with any questions.

48forty Solutions, LLC

Attn: Human Resources

11740 Katy Freeway, Energy Tower III Suite 1200

Houston, Texas 77079

1-877-779-8577

info@48forty.com