Firstleaf U.S. Job Applicant Notice

Last Updated: March 12, 2024

This U.S. Job Applicant Privacy Notice (“U.S. Job Applicant Notice”) explains how Penrose Hill, Limited (d/b/a Firstleaf), and its affiliates and subsidiaries (collectively, “Firstleaf,” “we,” “us”, or “our”) collects, uses, discloses, and otherwise processes personal information about our U.S.-based recruits and job applicants.

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

What is Personal Information?

When we use the term “personal information” in this U.S. Job Applicant 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 an individual within the context of the individual acting as a recruit or job applicant of Firstleaf. It does not include aggregated or deidentified information that is maintained in a form that cannot reasonably be used to infer information about, or otherwise be linked to, a particular individual. Where we maintain deidentified data, we will maintain and use the data in deidentified form and not attempt to reidentify the data except as required or permitted by law.

Our Collection and Use of Personal Information

Collection of Personal Information

During the recruiting process and when an individual applies for a job with us, we collect the following professional or employment-related personal information:

• Contact Information: Such as full name, email address, home address and telephone number.
• Professional History & Qualifications: such as previous employers, positions and work experience, professional licenses, certificates or other qualifications, employment references or referrals, authorization to work in the U.S. (including citizenship or immigration status), and information relating to potential conflicts with the role the individual is applying or being considered for.
• Educational History & Qualifications: such as highest level of education, the schools the individual attended and when they were in attendance, degrees, certificates, or other educational qualifications the individual earned, and the individual’s transcripts or educational references.
• Compensation Information: such as desired salary, bonus, benefits, expenses, and stock or equity grants, as permitted by law.
• 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 an individual chooses to provide it. Please note that this information will not be used in hiring decisions unless permitted by law.
• Web-Related Information: such as technical details about the individual’s visit to our online services contained in log files or analytics data relating to their usage and activity on our online services. For more information, please refer to the general Privacy Policy  on our website. The Privacy Policy governs our use of information collected from our website visitors. If there is any conflict between our website Privacy Policy and this Job Applicant Privacy Notice, the Job Applicant Privacy Notice will govern with respect to our use of personal information in connection with recruiting and job applications.
• Video Recorded Interviews: as a step in the interview process, you may be asked to submit video recorded responses to interview questions through Workable’s web-based application. That video recording and the responses to questions that you provide in the video will be treated as part of your application and used by Firstleaf consistent with this U.S. Job Applicant Notice. Note that video backgrounds may inadvertently provide sensitive personal data such as your political affiliation, medical condition, religious belief, gender identity and sexual identification, biometric information, and genetic information to the extent there are posters, art, photos, or other background material. As such, please be mindful of your surroundings and refrain from conducting the video interview in a location that could potentially disclose this information.
• Other Application and Interview Information: any personal information the individual chooses to share with us in their interview or application, CV, resume, transcripts, job search status, or other supporting documentation.
• Inferences: we may generate inferences or predictions about recruits and job applicants, and their abilities, interests, or preferences based on the other personal information we collect and the interactions we have with them.

Although we often collect the personal information described above directly from the individual, we may also collect certain information from references, recruiters, job-related social media sites (such as LinkedIn), and publicly available sources (such as government records and social media sites). 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.

Use of Personal Information

We use the personal information we collect during the recruiting process and when an individual applies for a job with us to:

• Identify the individual as a potential candidate and review their application for a position with us;
• Verify the information provided to us in connection with their application or received from other sources;
• Determine their eligibility and suitability for the potential position or other opportunities with us;
• Facilitate the recruiting and interview process;
• Communicate with the individual about the status of their application or other opportunities with us that may be of interest to them;
• 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 recruits, applicants 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 an individual accepts an offer from us, we may transfer the personal information we collected about them during the recruiting and job application process to their personnel file with us.

Disclosure of Personal Information

We may share the categories of personal information outlined above with the following third parties for the purposes described below:

• Within Firstleaf: We share personal information relating to job applicants within our family of companies for internal administrative purposes and uses that are consistent with this U.S. Job Applicant Notice. For example, the Firstleaf entity responsible for the job posting may share personal information about an applicant with another Firstleaf 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 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 job applicants to certain other third parties with their consent or direction.

California-Specific Disclosures

The following disclosures only apply to residents of the State of California.

Personal Information Disclosures

No Sales, Sharing or Targeted Advertising

Except as otherwise described in our Privacy Policy  in connection with job applicants acting in their capacity as website visitors, we do not sell personal information about individuals acting in their capacity as 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”).

Sensitive Information

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

• Social Security number, driver’s license number, and passport number;
• Citizenship or immigration status; and
• To the extent you provide this information to us, information relating to racial and ethnic origin, religious beliefs, health, disabilities, sexual orientation, gender identity and transgender status.

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 about individuals acting in their capacity as a job applicant, and we do not share or otherwise disclose sensitive information about individuals acting in their capacity as job applicant for the purpose of targeted advertising, nor use such information for the purpose of inferring characteristics about our job applicants.

Retention of Personal Information

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.

Your Privacy Choices

California Privacy Rights

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. You have the right to request any or all of the following information relating to your personal information we have collected and disclosed, upon verification of your identity:
  • The specific pieces of personal information we have collected about you;
  • The categories of personal information we have collected about you;
  • The categories of sources of the personal information;
  • 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 we have sold or shared about you (if any), and the categories of third parties to whom the information was sold or shared; and
  • The business or commercial purposes for collecting or, if applicable, selling or sharing the personal information.
• 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 Sensitive Information. The right to exercise control over our collection and processing of certain sensitive information.

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 submit a request to exercise one of the privacy rights identified above, please send an email to [email protected] stating that you are a job applicant and want to exercise one of your privacy rights. 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. As a result, we require requests to include name, address, email address and telephone number. 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 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.

Updates to This U.S. Job Applicant Notice

We will update this U.S. Job Applicant Notice from time to time. When we make changes to this U.S. Job Applicant Notice, we will change the “Last Updated“ date at the beginning of this U.S. Job Applicant Notice. If we make material changes to this U.S. Job Applicant Notice, we will notify you by email, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided in the notification.

Contact Us

If you have any questions or requests in connection with this U.S. Job Applicant Notice or other privacy-related matters, please contact Firstleaf Legal Department, 50 Technology Court, Napa, CA 94558