California Applicant Privacy Notice and Policy
This California Applicant Privacy Notice and Policy (the “Notice”) describes how Kahala Management, LLC and our affiliates and subsidiaries (collectively, “Kahala”, “we”, “our”, or “us”) collect, use, and disclose personal information relating to job applicants who are California residents (each an “Applicant”) and is intended to satisfy our notice and privacy policy requirements under the California Consumer Privacy Act and the regulations issued thereto, each as amended (collectively, the “CCPA”).
The information in this Notice is intended to provide an overall description of our processing of Applicant personal information. We may provide Applicants additional notices about our data practices, such as those covered by other laws (e.g., if we conduct a background check). We encourage you to carefully read this Notice, together with any other privacy notice we may provide to you.
The personal information that we collect, and our use and disclosure of such personal information, may vary depending on the circumstances, such as the responsibilities related to the position for which you are applying. The information in this Notice is intended to provide an overall description of our processing of personal information about Applicants.
- Scope
This Notice applies, generally, to the Applicant personal information that we collect and otherwise process in the context of your interest in employment with Kahala.
This Notice does not address or apply to our collection of personal information that is not subject to the CCPA, such as consumer credit reports and background checks, publicly available data, or other information that is exempt under the CCPA. This Notice also does not apply to the personal information we collect from employees or contractors, which is subject to different privacy notices, or to the personal information we collect about customers subject to the Kahala’s Privacy Statement (posted at https://www.kahalamgmt.com/about/privacy/index.php).
- Categories of Personal Information Collected and Disclosed
| Categories | Description | Third Party Disclosures for Business or Commercial Purposes |
|---|---|---|
| Identifiers | Such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, tax ID, and other similar and government identifiers. |
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| Categories of Personal Information Described in Cal. Civ. Code § 1798.80. | Records containing personal information, such as name, signature, photo, contact information, education and employment history, or medical/health information. |
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| Internet or Other Electronic Network Activity Information | Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with an internet website or application, as well as physical and network access logs and other network activity information related to your use of any Kahala device, network, or other information resource. |
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| Audio, Electronic, Visual, Thermal, or Similar Information | Audio, electronic, visual, or similar information, such as, CCTV/video footage, photographs, call recordings, and other audio recording (e.g., recorded webinars), and thermal screenings. |
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| Professional or Employment-related Information | Such as performance information, professional membership records, references, assessment records, resumes, cover letters and work history, attendance records, conduct information (including disciplinary and grievance records), and termination data. |
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| Education Information | Such as degrees earned, educational institutions attended, transcripts, training records, and other information about your educational history or background that is not publicly available personally identifiable information as defined under the Family Educational Rights and Privacy Act. |
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| Sensitive Personal Information | Such as: (a) Social Security number and other government identifiers; (b) racial/ethnic origin, sexual orientation, religious or philosophical beliefs (e.g., on a voluntary basis to support equal opportunity and diversity and inclusion efforts and reporting obligations, as necessary to provide religious accommodations, or where otherwise required by law), or union membership; and (c) health information (e.g., as necessary to provide reasonable accommodations). |
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Sales and Sharing of Personal Information. California privacy laws define a "sale" as disclosing or making available to a third-party personal information in exchange for monetary or other valuable consideration, and “sharing” broadly includes disclosing or making available personal information to a third party for purposes of cross-context behavioral advertising. We do not sell or share (as defined by the CCPA) personal information or sensitive personal information related to Applicants, including those we know who are under sixteen (16) years of age.
Sources of Personal Information. In general, we may collect the Applicant personal information identified in the table above from the following categories of sources:
- Directly from you
- Recruiters and recruiting platforms
- Referrals and references
- Former employers
- Other Applicants
- Publicly available information, including online social networks, and data brokers
- Service providers, representatives, and agents
- Affiliates and subsidiaries
Retention. Kahala retains the personal information we collect only as reasonably necessary for the purposes described below or otherwise disclosed to you at the time of collection. For example, we will retain your information as necessary to comply with our tax, accounting, and recordkeeping obligations, to consider you for additional positions (with your permission), as well as an additional period of time as necessary to protect, defend, or establish our rights, defend against potential claims, and comply with our legal obligations.
- Purposes for Collecting, Using, Disclosing, and Processing Personal Information
Subject to applicable legal restrictions, generally we collect, use, disclose, and process Applicant personal information as reasonably necessary for the following general purposes:
- Process your job application for employment
- Manage your relationship with us (e.g., facilitating meetings, communicating with you, providing you with requested information)
- Track an application through the recruitment process
- Contact (including by email) you or others on your behalf about suitable job opportunities as they may arise
- Contact references with your authorization
- Conduct background checks with your authorization
- Evaluate you in the recruitment and hiring process, including to assess your eligibility for available positions
- Evaluate you for current/former and future job opportunities, including matching your skills and interest to applicable job requirements
- Conduct internal analyses to understand the Applicants who apply and to improve our recruitment process
- Comply with legal obligations (e.g., health and safety, anti-discrimination laws)
- Analyze Applicants’ life cycle trends, including generating reports in an aggregated and de-identified or anonymized format
Other Uses. We may combine the information we collect (“aggregate”) or remove pieces of information (“de-identify”) to limit or prevent identification of any particular individual to help with goals like research and recruiting. Once such information has been aggregated and anonymized such that it is no longer considered personal information under applicable data protection law, this Notice does not apply.
Sensitive Personal Information. Notwithstanding the purposes described above, we do not collect, use, or disclose sensitive personal information about Applicants beyond the purposes authorized by the CCPA (pursuant to Cal Civ. Code § 1798.121 and § 7027(m) of the CCPA regulations). Accordingly, we only use and disclose sensitive personal information about Applicants as reasonably necessary and proportionate: (i) to perform our services requested by you; (ii) to help ensure security and integrity, including to prevent, detect, and investigate security incidents; (iii) to detect, prevent, and respond to malicious, fraudulent, deceptive, or illegal conduct; (iv) to verify or maintain the quality and safety of our services; (v) for compliance with our legal obligations; (vi) to our service providers who perform services on our behalf; and (vii) for purposes other than inferring characteristics about you.
- Your CCPA Rights
California Applicants have certain rights under the CCPA with respect to their personal information, subject to certain limitations and exceptions:
- Deletion: the right to request deletion of their personal information that we have collected about them.
- Know/access: the right to know what personal information we have collected about them, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about them.
- Correction: the right to request correction of inaccurate personal information we maintain about them.
- Opt out of sales and sharing: the right to opt out of the sale and sharing of their personal information. However, as discussed above we do not sell or share Applicant personal information, thus this right is not available to Applicants.
- Limit use/disclosure of sensitive personal information: the right to request to limit certain uses and disclosures of sensitive personal information. However, as discussed above, we do not use or disclose Applicant personal information beyond the purpose authorized by the CCPA, thus this right is not available to Applicants.
- Non-discrimination: not to be subject to discriminatory treatment for exercising their rights under the CCPA.
Submitting CCPA Requests. Applicants may submit a request to Kahala to exercise their CCPA rights to know/access, to delete and to correct their personal information held by us by submitting a privacy request to us online through our webform or via our toll-free number, 866-452-4252.
We will take steps to verify your request by matching the information provided by you with the information we have in our records. Your request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative (e., by completing all required fields on our webform if you choose to submit a request in that manner).
- Describe your request with sufficient details that allows us to properly understand, evaluate, and respond to it.
In some cases, we may request additional information in order to verify your request or where necessary to process your request. Authorized agents may initiate a request on behalf of another individual through one of the above methods; authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.
- Contact Us About This Notice
For additional details, or if you have questions regarding our use of your personal information as described in this Notice, you may contact us at HR@kahalamgmt.com or call 866-452-4252.
