California Privacy Notice
Effective Date: January 1, 2023
Introduction
In accordance with the California Consumer Privacy Act (the “CCPA”) and the California Privacy Rights Act (the “CPRA”), this Privacy Notice (the "Notice") describes the policies and practices of Evidation Health, Inc., together with its subsidiaries (collectively, “Evidation” or “we” or “us”) with respect to the collection, use, and sharing of the Personal Information (as defined below) we collect about you with respect to your employment, contractor, or consultant relationship with us. With respect to your employment-related Personal Information, in addition to any rights you may have under applicable employment and labor laws, you may also have additional privacy rights; please see the “Your Rights and Choices” section of this Notice for further guidance.
If you use an Evidation application (or have an Evidation account), tool, or website (such as https://evidation.com), or otherwise provide us with Personal Information about you in a non-employment-related context, your information will be treated in accordance with the respective Privacy Notice posted there. Otherwise, Personal Information we collect about you will be governed by this Notice.
Definitions
The following definitions apply to this Notice:
- Applicant(s): means an individual who has applied to a role within Evidation or otherwise provided their Personal Information to Evidation, whether directly or through a third party or service, for the purposes of becoming an employee, Contractor, or Consultant.
- Consultant(s): means an individual or sole proprietor providing professional or expert services, which might typically be hired on an independent contractor basis.
- Contractor(s): means an individual who is employed by a third party, but who performs services at Evidation similar to that of a full-time or part-time Employee. The employment relationship in this example is solely between the individual and the third party; Evidation maintains a service provider or vendor relationship with the third party entity.
- Employee: means an individual who has entered into a full-time or part-time employment relationship with Evidation.
- 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 or your household. Personal information includes, but is not limited to, the categories of Personal Information identified below if such information identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with you or your household. Personal Information includes Sensitive Personal Information. Personal Information does not include de-identified or aggregated information, or information that is Publicly Available. 2
- Process(ing): means what we do with your Personal Information, including our collection, review, retention, and use of your Personal Information.
- Publicly Available: means, with respect to Personal Information, information we reasonably believe you have made available to the general public (like through social media) or is available from widely distributed media; or information made available by a person to whom you have disclosed the information, such as by a recruitment agency or personal referral, so long as that information was not restricted from being disclosed to us.
- Sensitive Personal Information: includes Personal Information that reveals, among other things, social security number, driver’s license number, state identification card number, or passport number, racial or ethnic origin, union membership, or the contents of your mail, email and text messages, unless Evidation is the intended recipient of the communication. Sensitive Personal Information also includes information concerning your health, sex life, or sexual orientation, to the extent such information is collected in the context of employment.
- Vendor: means a service provider, “contractor” (not as the term may be applied in an employment context), or processor, as those terms are defined in the CCPA, as modified by the CPRA.
Sources of Personal Information
Evidation collects Personal Information about you when you actively provide it to us (or direct an application, service or third-party to provide it to us); such as when you inquire by email or letter about available jobs, submit a job application to us (whether directly or through a third-party service), provide us with your resume or other work or educational information and documentation, complete employment-related paperwork, etc. We also may collect Personal Information from you in a variety of different situations; including, but not limited to, your mobile device, through our network or email, in physical locations, through the mail, through websites or apps, and/or over the telephone or web-based calling. Some examples include observing or monitoring your actions on our website or from information your computer or mobile device transmits when interacting with our systems, tools, website or mobile applications, among other things.
We also may collect Personal Information about you from the following sources: the Internet, including social media websites and other websites; recruiting agencies or sources; the press or other print media; personal referrals; credit reporting or background check agencies; and other persons and organizations as permitted under applicable law or as authorized or directed by you.
How We Share Your Personal Information
We may share your Personal Information with our Vendors and third-party applications and services. For instance:
Vendors. We may share your Personal Information with third parties to conduct our business, determine your qualifications and applicability for employment (including the conduct of background and exclusion checks), manage your employment, and provide you with employee benefits.
Third-Party Applications or Services. If you choose to use any third-party applications or services made available to you as part of your employment or other similar relationship with Evidation, in order to provide and administer those applications we may be required to share user identification, email or other contact information, and certain other information, such as a login name or certain identifiers associated with your employment, with such services.
Otherwise with Your Consent or at Your Direction. In addition to the sharing described in this Notice, we may share Personal Information about you with third parties whenever you consent to or direct such sharing. For example, if you volunteer to be included in any recruitment, newsletter, or other initiatives; or to link your social media accounts with certain of our tools or accounts for recruiting or other purposes.
When Required by Law or as Necessary to Protect Our Employees, Members, and Services. As further described below, we may disclose Personal Information about you when we have a good faith belief that doing so is reasonably necessary to protect, enforce, or defend the legal rights, privacy, safety, or property of Evidation (including enforcement of our Terms of Service, Privacy Notice, or contracts), our employees, officers, directors, contractors, agents, or members, or if we reasonably believe that is necessary in order to comply with laws, regulations, legal process (such as subpoenas or warrants), or any other legal or regulatory request.
Categories of Personal Information & Purposes for Processing
The following table shows each category of Personal Information we may have already collected and Processed about you in the preceding twelve (12) months, or in the future may collect from you and Process, with respect to employment, the purpose(s) for Processing that information, and the third parties with which we may share that information:
Monitor certain requests and reporting.
Vendors (such as credit reporting or background check agencies)
Third Parties (such as contractor agency; recruiting softwares/agencies; personal referrals)
*to the extent applicable
Perform background checks and verify past employment, educational history, and professional standing and qualifications.
Evaluate, determine, and arrange compensation, payroll, and benefits.
Assess your fitness and physical capacity for work.
Contact and engage with you regarding your application and a potential employment, contractor, or consultant relationship with us.
Additional Purposes for Processing Applicable to Employees / Contractors / Consultants*:
Manage your employment, consultant, or contractor relationship with us.
Compensation, payroll, tax, and benefits planning, enrollment, and administration.
Provide you access to Evidation systems, networks, databases, equipment, and facilities.
Workforce and performance management, including personnel planning, productivity monitoring, and evaluation.
Workforce development, education, training, and certification.
Monitor, maintain, and secure Evidation systems, networks, databases, equipment, and facilities.
Authenticate your identity and verify your access permissions.
Arrange, confirm, and monitor work-related travel, events, meetings, and other activities.
Assess your working capacity or the diagnosis, treatment or care of a condition impacting your fitness for work, and other preventative or occupational medicine purposes (including work-related injury and illness reporting).
Contact and communicate with you regarding your employment, job performance, compensation, and benefits, or in the event of a natural disaster or other emergency.
Contact and communicate with your designated emergency contacts in the event of an emergency, illness, or absence.
Contact and communicate with your dependents and designated beneficiaries in the event of an emergency or in connection with your benefits.
Send you your equipment, as well as gifts, incentives, and other materials.
As otherwise needed to operate, manage, and maintain our business.
*to the extent applicable
Provide benefits.
Monitor work operations and security.
Provide you access to Evidation systems, networks, databases, equipment, and facilities.
Monitor, maintain, improve, and secure Evidation systems, networks, databases, equipment, and facilities, as well as Evidation policies and procedures.
Third Parties (such as recruiting softwares/agencies; personal referrals; contractor agency)
Evaluate, determine, and arrange compensation, payroll, and benefits.
Manage your employment, contractor, or consultant relationship with us.
Workforce development, education, training, and certification.
* Not applicable to Applicants
*to the extent applicable
Manage your employment, consultant, or contractor relationship with us.
Contact and communicate with you regarding your employment, job performance, compensation, and benefits, or in the event of a natural disaster or other emergency.
Assess your working capacity or the diagnosis, treatment or care of a condition impacting your fitness for work, and other preventative or occupational medicine purposes (including work-related injury and illness reporting).
Workforce development, education, training, and certification.
* Not applicable to Applicants
*to the extent applicable
Vendors (such as benefits providers)
Third Parties (such as contractor agency; recruiting softwares/agencies; personal referrals)
Assess your fitness and physical capacity for work.
Perform background checks and verify past employment, educational history, and professional standing and qualifications.
Evaluate, determine, and arrange compensation, payroll, and benefits.
Manage your (potential) employment, contractor, or consultant relationship with us.
*to the extent applicable
Provide you with, recommend and/or enroll you in benefits or with benefit providers.
*to the extent applicable
Provide you with, recommend and/or enroll you in benefits or with benefit providers.
General Purposes for Collecting and Processing Personal Information.
In addition to the specific purposes for Processing information listed in the chart above, we, and (if applicable) our Vendors, may collect, Process, and disclose the Personal Information (excluding Sensitive Personal Information) described in this notice to:
- Operate, manage, and maintain our business and do business with you (if applicable);
- Provide, develop, improve, repair, and maintain our products and services;
- Identify and correct technical errors in our products and services;
- Conduct and implement risk and security controls and monitoring, and secure our business;
- Maintain our facilities and infrastructure;
- Detect and prevent fraud;
- Comply with laws and regulations, including (without limitation) applicable tax, health and safety, antidiscrimination, immigration, labor and employment, and social welfare laws;
- Monitor, investigate, and enforce compliance with and potential breaches of Evidation policies and procedures and legal and regulatory requirements;
- Comply with civil, criminal, judicial, or regulatory inquiries, investigations, subpoenas, or summons, and in compliance with (and subject to) Evidation’s policies and procedures;
- Exercise or defend the legal rights of Evidation and its employees, affiliates, customers, contractors, and agents; and
- Otherwise accomplish our business purposes and objectives.
Sale or Sharing of Personal Information
We do not sell or share the Personal Information described in this notice, as the terms “sell” and “share” are defined in the CCPA and CPRA.
Retention of Personal Information
We retain each of the categories of Personal Information described above for the duration of your application period or employment, contractor, or consultant relationship with us, as applicable, and as otherwise reasonably necessary for our legitimate business purposes and for compliance with applicable law.
Your Rights and Choices
If you are a California resident, you may have certain rights with respect to your Personal Information collected and Processed as part of your employment relationship with us. For instance, you may have the following rights, subject to certain exemptions or exceptions:
- To Receive Information: You may have the right to receive the following information at or before the point of collection:
- ~The categories of Personal Information to be collected;
- ~The purposes for which the categories of Personal Information are collected or used;
- ~Whether or not that Personal Information is sold or shared;
- ~The categories of Sensitive Personal Information to be collected, the purposes for which it is collected or used, and whether that information is sold or shared; and
- ~The length of time we intend to retain each category of Personal Information, or if that is not possible, the criteria used to determine that period.
This Notice is intended to provide the information described in the list above. You may request further information by contacting our Privacy Office at the contact information provided below.
- To Know: You may have the right to request information about, and access to, the specific Personal Information that we have collected and disclosed in the past 12 months, including:
- ~the categories of Personal Information collected; ○ sources from which the Personal Information is collected;
- ~Personal Information about you that we have sold or disclosed for a business purpose (if applicable);
- ~third parties with whom we share Personal Information;
- ~the business or commercial purpose for collecting the Personal Information; and
- ~the specific pieces of Personal Information that we have collected about you.
- To Deletion: You may have the right to request that we delete your Personal Information.
- To Correct: You may have the right to request that we correct your Personal Information.
Please note that in many cases you may be able to directly correct your Personal Information by logging into any systems, tools, or applications used as part of your employment, contractor, or consulting relationship with us. - To Opt-Out of the Sale or Sharing of Personal Information: We do not and will not sell or share Personal Information (as defined by the CCPA and CRPA) that is subject to this Notice.
- To Not Be Discriminated Against for Exercising your Rights: We will not discriminate against you for exercising any of the rights described in this Notice (as defined by the CCPA and CRPA). 11
- To Limit the Use of your Sensitive Personal Information: You may have the right to limit our use of your Sensitive Personal Information to only the uses that are necessary for us to provide our products or services. We do not collect, use, or Process Sensitive Personal Information that is subject to this Notice for any purposes other than those listed above; all of which are necessary for our business operations and legitimate interests.
Certain clauses of the CCPA and CPRA, and compliance with other laws and regulations, may preclude you from exercising your privacy rights and choices. You may also be able to exercise these rights directly; for instance, by logging into Evidation’s (or its Vendors’) tools, systems, or applications that maintain your Personal Information, or by loggingin or contacting any third-party services or applications you may have used in the course of your employment-related interactions with Evidation.
For more information about our privacy practices or to exercise your rights and choices, please contact the Evidation Privacy Office at privacy@evidation.com, or via the contact information listed below. With respect to employment information, the rights listed in this Notice are not absolute; they will be reviewed, assessed, and adjudicated where appropriate and to comply with other applicable laws.
Other California Privacy Rights
California's “Shine the Light” law permits users of our website that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. We do not disclose your Personal Information subject to this Notice to third parties for their direct marketing purposes.
Contact Us
If you have any questions regarding this Notice or Evidation’s collection, use, sharing, or other Processing of your Personal Information, or would like to exercise your privacy rights or issue a complaint, please contact us at:
Email: privacy@evidation.com
Mail:
Evidation Health
Attn: Privacy Office
101 S Ellsworth Ave
Suite 210
San Mateo, CA 94401
Phone: (650) 389-9550
California residents who are unable to review or access this Notice due to a disability may contact us to access this Notice in an alternative format.
Changes to this Privacy Notice
We may update this Notice at our discretion to reflect changes or updates in law or to our technology, data practices, and other factors. Changes to this Notice will become effective when published in the revised Notice, unless otherwise noted. Please check the “Effective Date” at the top of this page to see when the Notice was made effective and was last updated. Your continued disclosure of your Personal Information as part of your employment, contractor, or consultant relationship with Evidation following the effective date of any changes indicates your consent to the practices disclosed in the updated Notice.