Privacy Policy and Notice for Shift5, Inc.
Job Applicants, Employees and Contractors

Shift5, Inc. (“Shift5,” “we,” “us,” or “our”) provides this privacy policy and notice for job applicants, employees (current and former) and contractors (“Privacy Notice” or “Notice”). 

“Job applicant” refers to any person who has applied for employment with Shift5; “employee” refers to any person who is or was employed by Shift5 as a full- or part-time employee or temporary worker; and “contractor” means a person who provides services to Shift5 pursuant to a written contract. For convenience, this Notice may refer to all three categories of individuals collectively as “Labor Data Subjects.” “Personal Information” means any information related to a natural person that can be used to directly or indirectly identify the person. 

This Notice applies only to Personal Information collected from or about job applicants, employees and contractors. This Notice does not apply to Personal Information collected in connection with use of the Shift5 website or our products and services. Data collected in connection with those activities is governed by our general Privacy Policy. This Notice is a general guide on how Shift5 treats Labor Data Subjects’ personal information. Privacy laws vary in the different jurisdictions where Shift5 operates and has Labor Data Subjects. Where such laws are stricter than the practices described in this Notice, Shift5 has adopted specific privacy practices in those locations to satisfy those stricter requirements. 

California residents should see the Additional Information for California Residents section below. 

Information We Collect 

Shift5 collects Personal Information for recruitment, human resources, employment, benefits administration, health and safety, and business-related purposes and to be in legal compliance. We may collect Personal Information from you in a variety of ways, including, but not limited to our website, job applications, email, telecommunication applications and telephone, mail, at physical locations, and through employment and benefit-related technology platforms and service providers. 

In some cases, we may collect Personal Information about Labor Data Subjects from third parties, for example, when we perform background checks through a third-party provider. In most circumstances, we will get your permission before we collect Personal Information about you from a third party. 

We may also collect Personal Information from publicly accessible sources, such as through internet searches and professional profiles on LinkedIn. For certain Labor Data Subjects, we may collect Personal Information directly and indirectly from our customers. For example, through information we collect from our customers in the course of providing assistance with their orders. 

We collect and store different types of data about you, including: 

• Identification data (name, gender, date of birth, employee ID number)
• Contact information (address, email, phone number, emergency contact information)
• Education and professional background (previous jobs and work experience, educational institutions attended, degrees granted, certifications, CV/ resume, references information, credit history and criminal records data where permissible for background screening and in accordance with applicable law)
• Demographic data (gender, age, racial and ethnic origin, and military status) 
• National identifiers (national ID/ passport, immigration status and documentation, visas, social security numbers (if applicable), national insurance numbers (if applicable)
• Family information (spouse, beneficiary and dependent information, marital status)
• Financial information (bank account information, tax and payroll information, salary, benefits, retirement account information, expenses, stock and equity grants)
• Health information (information about short- or long-term disabilities or illnesses, particularly in relation to medical leaves of absence or disability accommodations)
• Employment details (job title, position, office location, hire date, employment contract, performance and disciplinary records, grievance procedures, time off and holiday records)
• IT information (IP addresses (including geographic data associated with your IP address), log files, login information, application data, data related to internet browsing, email communications or systems accessed)
• Video images (video conferencing software, video monitoring of Shift5 facilities)

Some of the information we collect qualifies as sensitive personal information under various data privacy laws. We may collect this information because it is necessary to your employment at Shift5 or to comply with our legal obligations. If such information is not required for employment or legal reasons, we will seek such information only on a consensual basis. For example, we may ask to collect demographic data such as race and ethnicity to help us understand, and, if required, report on the diversity of our workforce.

How We Use Your Personal Information 

Shift5 uses the Personal Information collected from job applicants, employees and contractors for the following purposes:

• Recruit and evaluate candidates for employment.
• Conduct background checks.
• Manage your employment relationship with us, including for:

• Onboarding processes
• Timekeeping, payroll, and expense report administration;
• Employee benefits administration;
• Employee training and development;
• Creation, maintenance and security of your online employee accounts;
• Reaching your emergency contacts when needed, such as when you are not reachable or are injured or ill;
• Job performance processes, including goals and performance reviews, promotions, discipline and termination; and
• Other human resources purposes.

• Manage and monitor employee access to company facilities, equipment, and systems.
• Conduct internal audits and workplace investigations. 
• Investigate and enforce compliance with potential breaches of Shit5 policies and procedures.
• Engage in corporate transactions requiring review of employee records, such as for evaluating potential mergers and acquisitions.
• Maintain commercial insurance policies and coverages, including for workers’ compensation and other liability insurance.
• Perform workforce analytics, data analytics, and benchmarking. 
• Support Shift5 diversity, equity, and inclusion efforts and compile and report equal opportunities data.
• Administer and maintain Shift5 operations, including for health and safety purposes.
• Marketing purposes.
• Comply with applicable laws and regulations. 
• Exercise or defend the legal rights of Shift5 and its employees, customers, contractors, and agents.
• Other business purposes that you would reasonably expect or for which we would provide notice of at the time the information is collected.

Sharing Your Personal Information 

To carry out the purposes above, Shift5 may share Personal Information with third parties, such as background check vendors, human resources and information technology vendors, outside legal counsel, and government agencies. We will only share your Personal Information with those who have a legitimate business need for it.

We implement appropriate technical and organizational measures to protect your Personal Information from unauthorized access, loss, destruction or alteration.

Use of Monitoring Technology 

As further detailed in our policies on information security (e.g., in the Employee Handbook for employees), employees and contractors have no right to privacy in their use of Shift5 information technology resources, including emails and communications sent or received for work purposes or on Shift5-supplied hardware. These records may be reviewed or disclosed at any time without further prior notice for compliance, legal and other operational needs. Further, in Shift5 headquarters, closed circuit television (CCTV) monitoring is used to monitor the security of the premises and for loss and fraud prevention purposes. CCTV footage may also be used for employee and contractor training, safety evaluations, and other uses. 

Retention of Personal Information 

We generally retain Personal Information no longer than needed for the purpose for which the information was collected.

In accordance with our data retention policy, we may store your Personal Information for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax, accounting, or necessary technical requirements.

Changes to This Notice 

We may change this Notice from time to time, and we will post changes to this Notice to job applicants, employees and contractors as needed.

If you have any questions about this Privacy Notice, please contact Shift5 at legal@shift5.io 

Last updated: January 16, 2024

Additional Information for California Residents 

Shift5 furnishes this supplement (“California Addendum”) to our Privacy Notice for Shift5 Job Applicants, Employees and Contractors (“Privacy Notice” or “Notice”) for persons residing in the state of California, pursuant to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”). This California Addendum contains certain disclosures specific to California residents and should be read together with the Privacy Notice.

Categories of Information Collected 

The chart below provides the CCPA categories of the personal information we have collected from job applicants, employees and contractors within the last twelve months:

Some of the personal information we may collect is “sensitive personal information” under the CCPA, including:

• Government identification numbers such as social security, driver’s license, state identification card, or passport number (for identification, payroll processing, etc.)
• Racial or ethnic origin (for government-mandated demographic reporting, as well as internal diversity and inclusion measurements);
• Information concerning health (for administration of medical leave and dis ability accommodations); 
• Information concerning a person’s sex life or sexual orientation (e.g., when marital/domestic partner status is revealed through emergency contact information or internal diversity and inclusion surveys)

We obtain the personal information listed above from the following sources:

• Directly from you when you provide your personal information to us.
• Directly and indirectly from activity on our Careers website. For example, from your submissions through the Careers website your website usage details that are collected automatically unless you have opted-out of such collection.
• Directly from third-parties 

Sharing Your Personal Information 

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

• Category A: Identifiers. 
• Category B: California Records personal information categories.
• Category C: Protected classification characteristics under California or federal law. Category F: Internet or similar network activity.
• Category I: Professional or employment-related information.

We disclose your personal information for a business purpose to the following categories of third parties:

• Service providers. 
• Third parties to whom you authorize us to disclose your personal information in connection with services and training we provide to you.

In the preceding twelve (12) months, we have not “sold” any employee, contractor or job applicant personal information as defined under the CPPA.

Your California Privacy Rights 

California residents have the right to (1) know what Personal Information we collect from you; (2) request deletion of your Personal Information; (3) correct inaccurate information; (4) opt-out of automated decision making; and (5) limit our use and disclosure of sensitive personal information. We will not discriminate against you for exercising these rights. California also provides residents the right to opt-out of the “sale” or “sharing” of their personal information. We do not sell or share Personal Information as those terms are defined under the CPPA. These are not absolute rights and exceptions may apply. For more information about your California privacy rights or to exercise these rights, please email legal@shift5.io and identify yourself as a job applicant, employee, or contractor.