Aceable California Applicant Privacy Policy Notice

Last Updated: April 16, 2024

This California Applicant Privacy Notice (“Privacy Notice”) explains how Aceable (“we,” “us,” “our”) collects, uses and discloses Personal Information about current and former applicants for employment with us (“you,” “your,” “applicant”).

We have adopted and posted this Privacy Notice to comply with the California Consumer Privacy Act of 2018, as amended, and the related regulations (the “CCPA”). Any terms defined in the CCPA have the same meaning when used in this Notice. Generally, “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 you, and “Sensitive Personal Information” refers to certain types of Personal Information that are deemed particularly sensitive (for example, government identification numbers, health, sexual orientation or sex life information, biometric information used to identify you, account access credentials, precise geolocation, racial or ethnic origin, religious or philosophical beliefs, union membership, or genetic data.). As more particularly provided by the CCPA, Personal Information and Sensitive Personal Information do not include information that is de-identified in accordance with applicable law or information that has been lawfully made publicly available from you, government records, or widely distributed media.

1. Scope of this privacy notice

This privacy Notice applies only to our California-based job applicants (“Applicants”). This privacy notice applies to all websites, apps, social media pages, and other online services operated by us (collectively, the “Sites”) as well as offline activities.

2. Changes to this privacy notice

We may modify this Privacy Notice from time to time in which case we will update the “Last Updated” date at the top of this Privacy Notice. If we make material changes to the ways in which we process your information, we will use reasonable efforts to notify you (such as by posting a notice on our website) and will take additional steps as required by applicable law.

3. Collection and use of your information

We collect Personal Information about you as part of your application for employment with us and our evaluation of your candidacy from a variety of sources, including from you directly, from your references, and from our vendors that help manage the application process. We collect, and over the past 12 months have collected, the following categories of Personal Information, including Sensitive Personal Information (denoted by *):

Personal information Categories:

Identifiers such as name, email address, unique personal identifier, online identifier, IP address, home address, date of birth, phone number, and government identifiers*.
Personal information categories listed in the California Customer Records Statute such as name, signature, social security number*, physical characteristics or description, address, telephone number, passport number*, driver’s license* or state identification card number*, education, employment, employment history, financial information, medical information,* or health insurance information

Protected classification characteristics under California or federal law such as race.* color* or ethnic origin*, color*, religion or creed*, union membership*, national origin or ancestry*, sex (including gender, pregnancy, sexual orientation*, and gender identity/expression), age, heath information* / physical or mental disability,* veteran status, genetic information*, and citizenship.
Internet or other similar network activity such as information regarding your interaction on our website and surveillance information (such as CCTV footage related to your activities at our physical locations).
Geolocation data such as [IP address (approximate location)].
Audio, electronic, visual, thermal, olfactory or similar information such as photographs, voice recordings, and video recordings (such as CCTV footage) related to your activities at our physical locations.
Professional or employment-related information such as resume, curriculum vitae, cover letter, professional qualifications, employment history, criminal records, proof of eligibility to work, references, salary expectations, required workplace accommodations, offer letter, and other information provided during the application or interview process.

Sensitive Personal Information Categories

Government identifiers* such as Social Security number, driver’s license, birth certificate, permanent resident card, state identification card or passport number.
Racial or ethnic origin*
Religious or philosophical beliefs*
Union membership*
Health information* such as medical conditions that you communicate to us or other information that can reveal characteristics of your health collected in connection with evaluations of your fitness for the tasks of the job for which you are applying or with pre-employment examinations and drug testing.
Sexual orientation information* if you disclose this information to us.

We use the above Personal Information for various business purposes related to your application and candidacy, including:

Recruiting and hiring, including conducting background verifications to the extent permitted by applicable laws, maintaining applicant records, entering into and honoring employment contracts, and making salary and benefits decisions.
Improving employment practices, including equality and diversity in the workplace.
Managing, planning, and organizing the operations of our business, including by facilitating business planning and restructuring exercises.
Safeguarding our business interests, including our intellectual property and confidential information, and the security, availability, and resilience of our premises and IT systems.
Preventing fraud, crime, harassment, discrimination, or other misconduct.
Handling investigations, claims, grievances, and disciplinary proceedings, and defending or pursuing legal claims.
Planning and executing a transaction involving the sale, transfer, merger, consolidation, restructuring, or re-organization of any part(s) of our business or our assets, or merging with, acquiring, or forming a joint venture with any other business.
Complying with legal and regulatory obligations, including: ensuring that tax and other statutory dues are paid; responding to requests from foreign and domestic law enforcement, regulators, and courts; carrying out verifications in relation to your right to work; equal opportunities monitoring; investigating claims of discrimination or harassment; and determining and making reasonable adjustments, such as for disabled applicants.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

We limit our use of your Sensitive Personal Information to that use which is necessary to perform the services reasonably expected by Applicants, to perform services set forth in the CCPA § 1798.140(2), (4), (5), or (8), and as authorized by regulations adopted pursuant to CCPA § 1798.l85(a)(19)(C).

4. Disclosure of your Information

In certain circumstances, we may disclose your Personal Information to third parties for legitimate purposes subject to this Privacy Notice, including:

Other entities in our corporate group as may be necessary to process your application and evaluate your candidacy for employment (“Corporate Affiliates”).
Vendors who provide services related to recruitment and hiring or otherwise help facilitate the processing of your applications and evaluation of your candidacy for employment, including job portal management and hosting, facility access and security, cloud storage and IT services, applicant records management, business applications, and background checks and other verifications (“Service Providers”).
Recruitment agencies and related service providers where relevant for the role or position for which you are applying (“Recruitment Agencies”).
Individuals whose details you provide for us to contact and obtain an employment reference about you (“References”).
Law enforcement, courts, regulators, counterparties, and other third parties in connection with a legal obligation (“Legal Parties”), including if reasonably necessary or appropriate to:
- Comply with any applicable federal, state or local law or regulation, civil, criminal or regulatory inquiry, investigation or legal process or enforceable government request;
- Respond to legal process (such as a search warrant, subpoena, summons or court order);
- Cooperate with law enforcement agencies concerning conduct or activity that we reasonably and in good faith believe may violate federal, state or local law; or
- Exercise or defend legal claims, protect against harm to our rights, property, interests or safety or the rights, property, interests or safety of, third-parties, or to the public required or permitted by law.
Third parties in connection with or anticipation of an asset sale, merger, bankruptcy, or other business transaction (“Business Transaction Parties”).
Other third parties with your permission or upon your direction.

In the preceding 12 months, we disclosed the following categories of Personal Information, including Sensitive Personal Information (denoted by *), about applicants:

Categories of Personal Information	Categories of Recipients
Identifiers (other than Sensitive Personal Information)	Service Providers, Recruitment Agencies, References
Personal information categories listed in the California Customer Records Statute (Cal. Civ. Code § 1798.80(e)) (other than Sensitive Personal Information)	Service Providers, Recruitment Agencies, References
Protected classification characteristics (including Sensitive Personal Information)	Service Providers
Internet/network activity	Service Providers
Geolocation data	Service Providers
Audio, electronic, visual or similar information	Service Providers
Professional or employment-related information	Service Providers, Recruitment Agencies
Government identifiers*	Service Providers
Health Information*	Service Providers
Racial or ethnic origin*	Service Providers
Religious or philosophical beliefs*	Service Providers
Union membership*	Service Providers
Sexual orientation information*	Service Providers

We only disclose your Sensitive Personal Information to service providers for the purposes specified in the California Consumer Privacy Act.

We do not sell your Personal Information (or your Sensitive Personal Information) and we do not share your Personal Information (or your Sensitive Personal Information) for cross-context behavioral advertising purposes, nor have we done so in the preceding 12 months. We do not have actual knowledge that we sell or share for cross-context behavioral advertising purposes Personal Information of individuals under 16 years of age.

5. Retention of your information

We retain your Personal Information for as long as is reasonably necessary for the purposes specified in this Privacy Notice, and, if you are successful in your application, for the purposes of your employment with us. When determining the length of time to retain your Personal Information, we consider various criteria, including whether we need the Personal Information to process your application and evaluate your candidacy for employment, comply with our legal obligations, enforce our contractual agreements, prevent harm, promote safety, security and integrity, or protect ourselves, including our rights, property or business.

6. Your rights

As a California resident, you may have the rights listed below in relation to Personal Information that we have collected about you. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
The specific pieces of personal information we collected about you (also called a data portability request).

Right to Request Deletion

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive your request and confirm your identity (see Exercising Your Rights to Know or to Request Deletion), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the personal information, take actions reasonably anticipated within the context of our relationship with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another person to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or de-identify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Exercising Your Rights to Know or to Request Deletion

To exercise your rights to know or request deletion as described above, you will need to submit a verifiable request. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you.

The verifiable request must:

Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information (or an authorized representative), which may include:
For Applicants who make requests to know categories of personal information or for deletion, personal information data points that match at least two data points maintained by us.
For Applicants who make requests for specific pieces of personal information, personal information data points that match at least three data points maintained by us, together with a signed declaration under penalty of perjury that you are the person whose personal information is the subject of the request.

You should submit your verifiable request by either:

Submitting this request form.
Calling us at +1 (877) 813-7924.

Only you, or someone legally authorized to act on your behalf, may make a verifiable request related to your personal information. You may also make a verifiable request on behalf of your minor child. To designate an authorized agent you must provide the authorized agent written, signed permission to make the verifiable request on your behalf. Additionally, before we will provide specific pieces of personal information to an agent, you must verify your identity directly with us and confirm (directly with us) that you have given the agent permission to submit the request for specific pieces of information. Alternatively, an authorized agent may make a verifiable request based upon a power of attorney pursuant to California Probate Code sections 4000 to 4465. We may deny a request from an agent if these requirements are not met.

You do not need to create an account with us to submit a request to know or delete. We will only use personal information provided in a verifiable request to verify the requestor’s identity or authority to make the request. You may only make a verifiable request for access or data portability twice within a 12-month period.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please email us at peopleteam@aceable.com. We endeavor to substantively respond to a verifiable request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. The response we provide will explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

7. Non-Discrimination

You may exercise any of these rights by contacting us using the information provided below. We will not discriminate against you for exercising any of these rights.

8. How to contact us

Should you have any questions about our privacy practices or this Privacy Notice, please email the People & Culture Team at peopleteam@aceable.com or contact us at 610 W 5th St., Suite 603, Austin, Texas 78701