Human Capital Privacy Policy

This Human Capital Privacy Policy (“Privacy Policy) is effective as of December 27, 2022.

This Privacy Policy relates to Lytx, Inc., together with our affiliates (collectively, “Lytx”, “Company”, “we”, “us” and/or “our”), and describes our policies and practices with respect to Personal Information (defined below), that we collect or process related to our applicants, current and former employees (“employees”), independent contractors, corporate directors, and beneficiaries and emergency contacts (collectively, “you”), who are California residents.

This Privacy Policy is designed to comply with the California Consumer Privacy Act of 2018, Civil Code section 1798.100 et seq as amended, including as by the California Privacy Rights Act of 2021 (“CCPA”). This Privacy Policy is not intended to create any rights beyond those that exist by virtue of applicable California privacy and data protection law.

Personal Information is information that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with you or your household. It includes the following categories which have been collected by Lytx within the last 12 months:

What Categories of Employee Personal Information Do We Collect and How Do We Use This Information?

We collect the following categories of Personal Information from Employees for the purposes described below:

New-Hire Onboarding Information, such as name and contact information Social Security Number, driver’s license number, passport or other government identification and other identifiers (some of which may be Sensitive Personal Information described below); professional and employment related information including work history, education, skills, and information collected during application process; job title and duties; numbers; age, birth date and place; characteristics of protected classifications under California or federal law (some of which may be Sensitive Personal Information described below); availability for work; immigration and work authorization status; emergency contact information; signature; withholding tax information; marital status; voluntary self-disclosure information regarding minority, veteran, and disability status; and dependent and beneficiary information. The Company uses this information for onboarding purposes, such as to maintain and improve our recruitment and onboarding procedures, measure and analyze our technology used for recruiting and onboarding purposes, onboard new employees and to comply with applicable laws.
Pay Information, such as pay rate, hours or time worked, and bonus amounts or percentages; commission amounts; payroll deduction information; banking information for direct deposit, and credit card information for, and details related to, expense reimbursement. The Company uses this information to pay its employees and comply with applicable laws.
Benefits Enrollment and Administration Information, such as benefit entitlement and selection information; beneficiary information; Social Security Numbers or other government identification numbers; dates of birth; dependents; holidays and leave information, including usage information; travel information; and other information necessary to administer benefits programs and process benefits claims. The Company uses this information to enroll and administer Company benefits for employees and their beneficiaries.
Travel and Expense Information, such as loyalty programs numbers; dates and length of travel; hotel (or other accommodation) names and locations; and travel routes and departures, stops, and destination points. The Company uses this information to manage and improve Company-related travel, advise and assist with safety and security while you are traveling, and manage and improve expense reimbursement policies and processes.
Performance Management Information, such as employment status (full-time or part-time, regular or temporary); work schedule; job assignments; hours worked and attendance information; accomplishments and awards; training and development information; performance evaluation information; policy compliance and internal audit information; discipline, counseling, and appeal information; grievances and complaints; and employment termination information. The Company uses this information to manage our employment relationship with employees, including for career planning and development, training and coaching, and performance reviews, investigations, disciplinary action, employee support, and legal compliance purposes.
Equality and Diversity Information, such as minority, veteran and disability status and other characteristics protected by law. The Company uses this information through voluntary self-disclosure and other means to implement the Company’s diversity programs and to comply with applicable laws.
Health and Safety Information, such as health condition, job restrictions, workplace accident and illness information, and health insurance information. The Company uses this information to maintain a safe workplace, assess your working capacity, administer health and Workers’ Compensation insurance programs, and comply with applicable laws.
Internet or Other Electronic Network Activity, such as monitoring access to and use of electronic communications, email, text, computer, internet, telephone, and mobile device usage; IP address; log-in information; video surveillance and location information. The Company uses this information to protect Company, customer, and employee property, equipment and confidential information; detect, prevent, and respond to unauthorized, illegal, or fraudulent activity; monitor employee performance; and enforce the Company’s Use of Electronic Communications Policy.

The Company uses the information we collect, as described above, to comply with our legal and contractual requirements and to establish, exercise and defend legal and contractual rights and claims.

What Categories of Independent Contractor Information Do We Collect and How Do We Use This Information?

We collect the following categories of Personal Information for the purposes described below:

Contact information and other Identifiers such as name and contact information; Employer Identification Number and/or other identification information;
Professional and education related information such as
- Qualifications, licenses, and experience;
- Information regarding services provided;
- Billing, payment, expenses, and financial information;
- Equality and diversity information; and
- Internet or Other Electronic Network Activity, such as monitoring access to and use of electronic communications, email, text, computer, internet, telephone, and mobile device usage; IP address; log-in information; video surveillance and location information.

The Company uses contact information and identifiers and professional and education information to retain qualified independent contractors and to comply with applicable laws. The Company uses Internet or Other Electronic Network Activity information to protect Company, customer, and employee property, equipment and confidential information; detect, prevent, and respond to unauthorized, illegal, or fraudulent activity; monitor employee performance; and enforce the Company’s Use of Electronic Communications Policy.

What Categories of Emergency Contact Information Do We Collect and How Do We Use This Information?

We collect the following categories of Personal Information for the purposes described below:

Name and contact information; and
Relationship to employee.

The Company uses this information to contact your designated emergency contact person in the event of an emergency. If you provide us with Personal Information of an individual other than yourself, including without limitation Personal Information of your emergency contacts, you are responsible for providing such individual(s) prior notice of your submission of their Personal Information to us and a copy of this Privacy Policy.

What Categories of Beneficiary Information Do We Collect and How Do We Use This Information?

We collect the following categories of Personal Information for the purposes described below:

Name and contact information;
Relationship to the employee;
Date of Birth;
Social Security Number; and
Information necessary to process benefits claims.

The Company uses this information to enroll and administer benefits programs for beneficiaries of eligible employees. If you provide us with Personal Information of an individual other than yourself, including without limitation Personal Information of your beneficiaries, you are responsible for providing such individual(s) prior notice of your submission of their Personal Information to us and a copy of this Privacy Policy.

What Categories of Personal Information Do We Collect When You Apply for a Position at Lytx and How Do We Use This Information?

We collect the following categories of Personal Information for the purposes described below:

Contact information and identifiers such as name, identification numbers, email address, telephone numbers, postal address, government identifiers, signature, IP address or other online identifiers;
Geolocation data, such as your approximate location based on your IP address;
Professional and education related information (some of which may be protected characteristics under California or federal law) such as:
- Education, skills and qualifications;
- Employment history and experience;
- Military service;
- Work availability;
- Eligibility information, including age and immigration status;
- Reference and background check information, including relevant criminal history and credit history (as permitted by applicable law);
- Social media information;
- Pre-employment test results; and
- Voluntary self-disclosure information regarding minority, veteran, and disability status.
Information provided by you during the hiring process.

The Company uses this information to assess applicants; make recruiting and hiring decisions; manage, measure, and improve our recruitment and hiring systems and processes; communicate and collaborate with you during the application and hiring process; maintain and improve our equal employment opportunity, diversity, inclusion, and accessibility programs; prevent, detect, and respond to unauthorized, illegal, or fraudulent activity; administer and enforce legal and compliance requirements; and to comply with applicable laws.

Sensitive Personal Information:

Certain personal information that we collect (as described above) is considered “sensitive” personal information under CCPA (“Sensitive Personal Information”). We will collect Sensitive Personal Information for the uses described above and as permitted under applicable law.

Examples of Sensitive Personal Information that we collect include:

government issued identifiers, such as social security information, driver’s license information, state identification card, or passport information
account log-in when it is in combination with a security or access code, password, or credentials that allow access to an account
sensitive demographic information including, racial or ethnic origin, religious or philosophical beliefs, union membership, or information relating to sex life (such as, pregnancy, childbirth, breastfeeding, and/or related medical conditions) or sexual orientation
health information
content of communications processed and stored by our systems where Lytx is not the intended recipient

Sources of Personal Information

We collect Personal Information from a variety of sources, including as described in the Human Capital Privacy Policy and as follows:

Directly or automatically collected from you
Inferences that we may derive about you from the information we collect
Service providers (e.g., expense reimbursement services, recruiters)
Insurance and benefits providers
Training providers
Travel partners (e.g., travel agents and portals, transportation services)
Background check services
Online sources including social networks and recruiting sites (e.g., LinkedIn)
Open government databases and other public sources

Retention of Personal Information

We retain Personal Information in accordance with our obligations under applicable labor and employment law and as necessary to administer and carry out the employment relationship and our post-employment obligations.

With Whom Does Lytx Disclose Personal Information?

We may disclose your Personal Information with the following categories of recipients:

Affiliates, subsidiaries, such as those entities with whom we share business processes and common data systems.
Vendors or agents working on our behalf, including without limitation
- payroll processors
- HRMS platform (i.e. Workday)
- benefits providers
- testing providers
- background check providers
- education and training services providers
- In individual cases we may also share Personal Information with professional advisers including lawyers, bankers, auditors and insurers;
Parties to a corporate transaction, including activities such as a merger or reorganization, sale of a website or business unit, or if all or a portion of our business, assets or stock are acquired by another company, we may transfer some or all of your Personal Information to such third party.
The general public, such as where we may provide features or services that permit you to publicly display and disclose certain Personal Information, such as your name or username, profile or directory information, or other Personal Information that you choose to disclose.
Law enforcement, and those with legal necessity, such as where necessary to (i) protect Lytx against legal liability; (ii) protect and defend the rights or property of Lytx, including without limitation, exchanging information with other companies and organizations for fraud protection or investigation; (iii) comply with a legal obligation; or (iv) act in urgent circumstances to protect the personal safety of employees or the public.

Data collected from or about you may be used in an aggregate form, that is, as a statistical measure, and not in a form that would reasonably allow anyone to identify you. Along with using this data in aggregate form ourselves, we may share these statistics with certain strategic relations.

Your Privacy Rights

Under CCPA, you have the following rights with respect to Personal Information we process about you:

Right to Receive Notice at Collection. At or before the time of collection, you have a right to receive notice of our practices, including the categories of personal information and sensitive personal information to be collected, the purposes for which such information is collected or used, whether such information is sold or shared, and how long such information is retained. You can find those details in this statement by clicking on the above links.

Right to Know. You have a right to request that we disclose the Personal Information we have collected about you. You also have a right to request additional information about our collection, use, disclosure, sale, or sharing of such Personal Information. Note that we have provided much of this information in this Policy.

Right to Request Correction. You have the right to request correction of inaccurate Personal Information.

Right to Request Deletion. You also have a right to request that we delete Personal Information under certain circumstances, subject to lawful exceptions.

Right to Opt-Out. You have a right to opt-out from the “sale” or “sharing” of Personal Information, each of which are defined under CCPA. Note that we do not “sell” or “share” Personal Information as defined by the CCPA and have not done so in the past 12 months. We do not knowingly sell the Personal Information of minors under 16 years of age.

Right to Limit Use and Disclosure of Sensitive Personal Information.

Where we use or disclose Sensitive Personal Information to infer individual characteristics or for purposes other than those described by CCPA, you have a right to request that we limit our use and disclosure of such Sensitive Personal Information.

We do not use or disclose Sensitive Personal Information for purposes of inferring individual characteristics or for additional purposes.

Right to Notice. You have a right to receive notice of our Personal Information collection, use, retention, and disclosure practices at or before collection of Personal Information,

Right to Non-Discrimination. You have a right to not be discriminated against for exercising these rights set out in the CCPA.

Exercising Your Rights

To make a request to exercise your rights, please submit requests using one of the methods provided under the Contact Information section below.

You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof that you have authorized the agent to act on your behalf, and we may need you to verify your identity directly with us.

Further, to provide or delete specific pieces of Personal Information we will need to verify your identity to the degree of certainty required by law. For current employees and independent contractors (or your agent), we will verify a request by asking you to send it from the email address associated with your employee log-in or by requiring the any other information necessary to verify your identity. For all others, we will verify your request by requesting that you (or your agent) submit your name and email address, as well as confirm access to such email address from your email account, to process your request. We may require you to provide more information to verify your account.

To submit a right to know, correction, deletion, or other privacy request, inquiry, or complaint, Workers may contact Lytx’s privacy officer as follows:

privacy@lytx.com
888-837-4339

How Will Lytx Update This Privacy Policy?

We may occasionally update this Privacy Policy to reflect our privacy practices or changes as required by law. If we make material changes to this Privacy Policy, or in how we process Personal Information, we will provide notice (or obtain consent) as may be required by law regarding such changes.

Does This Privacy Policy Apply to Information That I Provide to a Third Party?

This Privacy Policy applies only to Lytx’s collection and use of your Personal Information in connection with prospective, current or former employment. This Privacy Policy does not apply to third party services to which Lytx does not control nor have access to your information. For example, information you provide directly to a benefits provider, such as your health care provider or financial institution, are not subject to this Privacy Policy. Such third-party services are governed by their own privacy statements and policies, and Lytx is not responsible for their operations, including but not limited to their information practices. You should read the privacy policies of each third-party service provider.

What Happens in the Event of a Change in Corporate Structure?

Notwithstanding any of the foregoing, Lytx may sell, share or otherwise transfer some or all of its assets, including information related to its workforce, in connection with a bankruptcy, merger, acquisition, reorganization or sale of substantially all of its assets or substantially all of the assets of a division or other unit of Lytx. You acknowledge that such transfers may occur and that any acquirer may continue to use your Personal Information as set forth in this Privacy Policy.

What if I Have Additional Questions?

If you have any questions about this Privacy Policy or would like to obtain a copy in a different accessible format, please contact us directly by e-mail at privacy@lytx.com. If you prefer to contact us by mail, please send any communications to:

Lytx, Inc.

9785 Towne Centre Drive

San Diego, California 92121

Attn: Chief Privacy Officer