Conductor Employee Privacy Notice

Version Date: January 1, 2023

Purpose

Your privacy is important to us. The purpose of this document is to set out how Conductor LLC and its affiliates (“Conductor,” “us,” “our,” or “we”) collect, use, store, or otherwise process personal data about our employees (collectively, “you”), with whom we share it, and the rights to which you are afforded.

This Employee Privacy Notice (“Notice”) does not cover your use of Conductor’s products or services as a consumer (for more information, please read our website privacy notice at https://www.conductor.com/privacy-policy/), or to any third-party websites and apps that you may use, including those to which we link in our websites. You should review the terms and policies for third-party websites and apps before clicking on any links.

We recommend that you read this Notice in full to ensure you are fully informed about the manner in which we collect, use, store, or otherwise process your personal data as well as your privacy rights.

For purposes of this Notice:

The term “employee” refers to all current and former employees, directors, officers, and Board members of Conductor. For the purposes of this Notice, it also refers to independent contractors engaged by Conductor, even though they are not otherwise employees.

The term “personal data” means any information which relates to an identified or identifiable, living individual that directly or indirectly references one or more factors specific to their physical, physiological, mental, economic, cultural, or social identity. Personal data excludes anonymous data.

The term “sensitive personal data” means personal data of children, or personal data that reveals information about a living individual’s physical or mental health, racial or ethnic origin, political or religious views, trade union membership, sexual orientation, genetic information, biometric information, commission or alleged commission of crime or related proceedings, and, in some countries, financial information.

1. Collection of Personal Data

Personal Data We Collect from You. Subject to applicable law, we may collect several types of personal data from you in connection with your employment with Conductor, which includes the following:

Identification Data. Such as your name, gender, photograph, date of birth, employee identification number, driver’s license, and languages.
Contact Information. Such as your home address, telephone number, email addresses, and emergency contact details.
Employment Details. Such as job title, position, office location, hire dates, employment contracts, performance and disciplinary records, grievance procedures, and sickness and vacation records.
Educational and Professional Background Data. Such as academic and professional qualifications, education records, CV/resumé, reference letters, interview notes, and criminal records data. Where permissible, criminal records data will be collected for vetting purposes and in accordance with applicable law.
National Identifiers. Such as national ID, passport, immigration status and documentation, visas, social security numbers (for US only), and national insurance numbers.
Spouse, Beneficiary, and Dependents Information, and Marital Status.
Financial Data. Such as banking details, tax information, payroll information, withholdings, salary, bonus, benefits, expenses, and company allowances.
Health Data. Such as information about short- or long-term disabilities or illnesses that you might share with your Human Resources Business Partner or manager, particularly in relation to any leave of absence you may need to take.
Monitoring Data. Such as identifiable images contained in CCTV footage, system and building login and access records, keystroke, download and print records, call recordings, data caught by IT security programs and filters (for further information about how we process information, see our “Monitoring” section below).
Other information. We also collect any additional information that you choose to share with us, such as hobbies, social preferences, or survey data.

We may also collect certain demographic data that qualifies as sensitive personal data, such as race, ethnicity, sexual orientation, and disability to help us understand the diversity of our workforce. When collected, this sensitive personal data is generally done so on a voluntary consensual basis.

Most often, the personal data we collect from employees is collected from them directly. In some cases, we may collect personal data about employees from third parties; for example, when we perform background screening checks that are necessary for the role to be performed by the employee. In most circumstances, we will get your permission before we collect personal data about you from a third party.

If we ask you to provide any other personal data not described above, then the personal data we will ask you to provide, and the reasons why we ask you to provide it, will be made clear to you at the point we collect it. If we ask you to provide personal data that we consider to be mandatory for us to administer your employment relationship, we will inform you of such at the time of collection. In addition, we will also inform you of the consequences for not providing us with the mandatory personal data.

2. Use of Personal Data

In general, and subject to applicable law, we use your personal data primarily for the purposes of managing our employment relationship with you, along with other legitimate business purposes. Such uses include:

Determining eligibility for hiring, ongoing employment, and eligibility for promotions, including the verification of references, qualifications, and criminal records checks data. Where permissible, criminal records data will be collected for vetting purposes and in accordance with applicable law;
Administering payroll and benefits, processing employee work-related claims (e.g., worker compensation, insurance claims, etc.), and processing leave of absence requests;
Establishing training and/or development requirements;
Reviewing work performance and determining performance requirements;
Enforcing disciplinary actions or termination;
Establishing emergency contacts and responding to emergencies;
Complying with applicable laws (e.g., labor and employment, health and safety, tax, and anti-discrimination laws), judicial requests from courts of competent jurisdiction, or exercising or defending legal rights;
Compiling internal directories, such as employee directories;
Preventing and detecting fraud or other types of wrongdoing;
Evaluating or conducting a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by us is among the assets transferred;
Implementing and administering IT systems and information security, including authentication and authorization to access Conductor’s IT systems and networks;
Monitoring access to Conductor’s offices;
Fulfilling the purpose for which you provide it; and
For other lawful or legitimate purposes, which may be reasonably required for day-to-day operations, such as accounting, financial reporting, and business planning.

Other Uses. If we need to process your personal data for an incompatible purpose not discussed in this Notice, we will provide notice to you and, if required by law, seek your consent. We may process your personal data without your knowledge or consent only where required by applicable law. Lastly, Conductor does not subject its employees to automated decision-making.

Lawful Basis for Processing Your Personal Data. If applicable law requires a lawful basis for processing, our lawful basis for collecting and using the personal data described in this Notice will depend on the type of personal data concerned and the specific context in which we collect or use it. Depending on the jurisdiction in which you live, there may be other applicable lawful bases for processing your personal data that are not listed here.

We normally collect or use personal data from you or others where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms (e.g., to communicate with you, to manage your benefits, or to provide you with access to our IT systems), or where applicable, where we have obtained your consent to process for a specific purpose. In certain situations, we may have a legal obligation to collect or retain personal data (e.g., to comply with applicable employment and works council laws and regulations) or need the personal data to protect your vital interests or those of another person.

When we process sensitive personal data about you, we will make sure that one or more of the lawful bases for processing sensitive personal data, as referenced above, applies. For instance, these include processing which is necessary for the purpose of satisfying our obligations in relation to employment law, processing related to data about you that you have made public, and processing which is necessary for the purpose of establishing, making or defending legal claims.

If you have questions about or need further information concerning the lawful bases on which we collect, use, store, or otherwise process your personal data, please contact us using the contact details provided in Section 10 of this Notice.

3. Personal Data Sharing

Conductor shares your data with those who need such access to perform their tasks and duties, and to third parties who have a legitimate purpose for processing or accessing it. Subject to applicable law, including consent (as required), we may share personal data to the following categories of recipients (where applicable):

Your personal data may be disclosed to Human Resources and other employees.
We may share your personal data with affiliates under common ownership or control with Conductor.
We may share your personal data with our owners, investors, or lenders for use, review, and analysis in their capacity as such.
Service Providers. We may share your personal data to our contractors, business partners, service providers, and other third parties who require the data to assist us in establishing, managing, or terminating your employment with us, including third parties that provide products or services to us and, by extension, to our employees.
Corporate Transactions. We may share your personal data to a potential buyer (and its agents and advisors) in connection with any proposed or actual merger, acquisition, or any form of sale or transfer of some or all of our assets (including in the event of a reorganization, dissolution or liquidation), in which case, personal data held by us about you will be among the assets transferred to the buyer or acquirer.
Other Third Parties. We may share your personal data to a third party under the following circumstances where we, in good faith: (i) believe we are compelled by applicable law or regulation, judicial request from a court of competent jurisdiction, or another legal process or government authority; (ii) find it necessary to exercise, establish or defend our legal rights; (iii) seek to protect Conductor’s rights or property; (iv) seek to protect Conductor, our employees, our customers, or the public from harm or illegal activities; (v) seek to respond to an emergency which we believe, in good faith requires us to disclose data to prevent harm; and (vi) rely on your consent.

Please note that we do not sell (as defined in applicable data protection and privacy laws) your personal data (and will not sell it without providing any required notices and/or opt-in/opt-out rights).

Subject to applicable law, your personal data may be processed in the countries where you are employed, the United States, or any other country where Conductor or its affiliates have operations. Any third party processing your personal data on behalf of Conductor must comply with all relevant privacy laws in order to protect your personal data in any country where they process or transfer your personal data. If Conductor transfers your personal data outside the European Economic Area (EEA) to our affiliates or to a third party, Conductor has and will continue to implement measures with any such recipients of your personal data to ensure it remains protected in accordance with this Notice and applicable data protection laws and to ensure that the transfer is lawful and that there are appropriate security arrangements in place, including, where appropriate, the usage of the EU standard contractual clauses.

4. Retention of Personal Data

Unless a longer retention period is required by law, we will retain your personal data for as long as is needed to fulfill the purposes outlined in this Notice or for as long as we have a legitimate business interest that is not outweighed by your data protection interests or fundamental rights and freedoms. When we have no ongoing legitimate business need to process your personal data, we will either delete or anonymize it or, if this is not possible (e.g., because your personal data has been stored in backup archives), then we will securely store your personal data and isolate it from any further processing until deletion is possible. As such, we reserve the right to use such anonymous data for any legitimate business purpose without further notice to you or your consent.

5. Monitoring

Conductor physically and electronically monitors its offices, information technology systems, and corporate network for specific, lawful purposes. Where permitted by applicable law, Conductor may monitor or record activities that involve employee personal data. For example, we may monitor employees’ activity and presence in our offices with badge readers, sign-in technology, and surveillance cameras, or we may monitor or record employees’ activity on our information technology systems and corporate network, such as internet traffic, website filtering, email communications, or systems accessed. We generally conduct monitoring to protect our employees, authorized visitors, and property, and to prevent unauthorized access to our offices.

In addition, Conductor may carry out monitoring for other purposes such as:

Validating business transactions;
Training and evaluation of employee performance;
Protecting confidential information, intellectual property, and other business interests;
Investigating breaches of Conductor’s policies and procedures, or other unlawful or improper acts;
Complying with legal obligations; or
Any other legitimate purpose permitted by applicable law.

Conductor’s monitoring activities will be done in a manner that is proportionate to the underlying purpose and only as required or permitted by applicable law.

6. Your PrivacyRights

Certain jurisdictions may provide you with privacy rights under applicable data protection or privacy law regarding your personal data. In particular, you may have the right to:

be informed about your personal data;
access your personal data;
correct any personal data that is inaccurate;
have your personal data erased;
restrict or suppress the processing of your personal data;
obtain and reuse your personal data;
object to the processing of your personal data;
object to how your personal data is used in automated decision making, if applicable;
lodge a complaint with a supervisory authority; and
obtain a copy of Standard Contractual Clauses (if applicable).

These rights may be limited, for example, if fulfilling your request would reveal personal data about another individual, or if you ask us to delete personal data which we are required by law to keep or which we need to defend claims against us.

If you are a California resident, please see Section 11 for additional disclosures and information about the personal data we have collected about employees over the last 12 months and rights you may have regarding your personal data.

If you do not wish to receive our email marketing communication for promotional purposes, you may opt out by clicking on the “unsubscribe” or “opt out” link in the marketing e mails we send you.

If we process your personal data in reliance upon your consent, you can contact us at any time to withdraw your consent.

We will respond to requests to exercise your rights in accordance with the requirements of applicable data protection laws. Please note that in order to fulfil your request, we may need you to provide certain personal data to verify your identity. Depending upon applicable data protection and privacy law, individuals may also designate an authorized agent to exercise these rights on their behalf.

If you wish to exercise these rights, please contact us at [email protected].

7. How We Protect Your Personal Data

We use technical and organizational measures that provide a level of security appropriate to the risk of processing your personal data. Please be aware, however, that no method of transmitting information over the internet or storing information is completely secure.

8. Changes to This Notice

Conductor reserves the right to update or change this Notice from time to time. If we make material changes to this Notice, we will post it to our Employee Handbook and the applicable sections of our Website prior to or at the time of the change becoming effective. We ask that you review the Notice periodically to stay informed about any updates or changes that we may have made. You can see when this Notice was last updated by checking the “Version Date” displayed at the top of this Notice.

9. Compliance with Laws

This Notice is a general guide on how Conductor processes your personal data. As such, you should be aware that data protection and privacy laws can vary in different jurisdictions where Conductor operates and has employees. Conductor’s policy is to comply with applicable laws, including requirements in certain countries that Conductor notify individuals in that country of its personal data practices, and in some cases, obtain consent to those practices. Where applicable laws are stricter than the practices described in this Notice, Conductor has adopted specific privacy practices in those locations to satisfy those stricter requirements.

10. How to Contact Us

For questions or complaints regarding our use of your personal data or this Notice, please contact us at [email protected] or mail us at Conductor LLC, Attn: Legal Department, 2 Park Avenue #1501, New York, New York 10016 USA.

11. Supplemental Privacy Disclosures for Employees in Certain Locations

If you reside in one of the following locations, the additional privacy notice below also applies to the processing of your personal data. To the extent there is a conflict between the location-specific language below and the provisions above, the below provisions control to the extent of that conflict.

ADDITIONAL INFORMATION FOR EMPLOYEES THAT ARE CALIFORNIA RESIDENTS

We are providing this additional information to comply with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”). This section applies solely to employees who reside in the State of California. Any terms defined in the CCPA have the same meaning when used in this section of the Notice.

A. Categories of Personal Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you. The table below identifies the categories of personal data that Conductor has collected from Conductor employees in the preceding twelve (12) months:

CATEGORIES OF PERSONAL INFORMATION / EXAMPLES OF SPECIFIC PIECES OF PERSONAL INFORMATION WE MAY COLLECT

A. Identifiers

A real name (including name pronunciation), alias, nickname, signature, postal address, country of residence, email address, telephone number, date of birth, Social Security Number (SSN), driver’s license number or other government identification, passport number, username, social media profile, social media URL address, account name, unique personal identifiers, online identifier, Internet Protocol (IP) address, device IDs, and other similar identifiers.

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Name, signature, SSN, address, telephone number, physical characteristics or description, passport number, driver’s license or state identification card number, education, employment, and employment history. Some personal information included in this category may overlap with other categories.

C. Protected classification characteristics under California or federal law

Protected classification characteristics include your age, race, skin color, ancestry, ethnicity/national origin, citizenship, religion (includes religious dress and grooming practices), marital status, disability (including mental and physical), sex/gender (includes pregnancy, childbirth, breastfeeding and/ or related medical conditions), gender identity (including personal pronouns), gender expression, sexual orientation, marital status, and veteran or military status.

D. Commercial information

None

E. Biometric information

None

F. Internet or other similar network activity

Browsing history, search history, information on interactions with a website, application, or advertisement.

G. Geolocation data

Time zone setting and location.

H. Audio, electronic, visual, thermal, olfactory, or similar information

Audio, electronic, visual, thermal, olfactory, or similar information, including imagery of your face and voice recordings.

I. Professional or employment-related information

Current or past job history or performance evaluations.

J. Non-public education information, per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))

Information about your educational background, such as education records, report cards, and transcripts that are not publicly available.

K. Inferences drawn from other personal information to create a profile

Profile reflecting your character, characteristics, reputation, preferences, predispositions, behavior, attitudes, or abilities. This includes the results of any assessments you take during the application or review process.

L. Sensitive Personal Information

Nationality, Citizenship, and Government Identifiers – Country of birth, government identification documents (including passports and residency permits), and SSN (or equivalent).
Demographic Information – Protected classifications under U.S. or California Law such as, race, ethnicity, union membership, disability, or accommodation request. Some personal information included in this category may overlap with other categories.

Conductor will not collect additional categories of personal information or use the personal information we collect for materially different, unrelated, or incompatible purposes, without providing appropriate notice to you.

B. Sources of Personal Information

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

Directly from you if you provide your personal information to us.
Indirectly from you. For example, through automated technologies or your interactions with us.
Third Parties. We may receive personal information about you from various third parties, such as from our prospects, customers, or their agents.

C. Purposes for Collecting and Using Your Personal Information

We collect, use, and process your personal information for various business purposes as an employer, including those listed in Section 2 above.

D. Disclosures of Your Personal Information

We describe in Section 3 above the context in which your personal information may be disclosed to a third party. The table below identifies the categories of personal information disclosed to third parties, service providers, or others for a business purpose in the preceding twelve (12) months.

CATEGORY OF PERSONAL INFORMATION DISCLOSED FOR A BUSINESS PURPOSE / CATEGORIES OF THIRD PARTIES

A. Identifiers

Affiliates
Vendors, and service providers, and contractors
Professional advisors

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Affiliates
Vendors, and service providers, and contractors
Professional advisors

C. Protected classification characteristics under California or federal law

Affiliate
Vendors, and service providers, and contractors
Professional advisors

D. Commercial information N/AE. Biometric information N/AF. Internet or other similar network activity

Affiliates
Vendors, and service providers, and contractors
Professional advisors

G. Geolocation data

Affiliates
Vendors, and service providers, and contractors
Professional advisors

H. Audio, electronic, visual, thermal, olfactory, or similar information

Affiliates
Vendors, and service providers, and contractors
Professional advisors

I. Professional or employment-related information

Affiliates
Vendors, and service providers, and contractors
Professional advisors

J. Non-public education information, per the Family Educational Rights and Privacy Act

Affiliates
Vendors, and service providers, and contractors
Professional advisors

K. Inferences drawn from other personal information to create a profile

Affiliates
Vendors, and service providers, and contractors
Professional advisors

L. Sensitive Personal Information

Affiliates
Vendors, and service providers, and contractors
Professional advisors

In addition, Conductor may disclose any or all of the personal information identified in the categories above to the following categories of third parties for a legitimate business purpose and/or where Conductor has a legal obligation to make such disclosure, such as to:

Government entities, where required by law or in order to comply with our legal or regulatory obligations;
Other third parties, where required by law or in order to protect our rights, or the rights of our customers or others;
Third parties, in connection with a change of corporate control or other investment in Conductor; or
Third parties, where you have expressly consented to the disclosure of your personal information.

Conductor does not “sell” or “share” your personal information (including sensitive personal information) as each term is defined under the CCPA. Conductor does not use or disclose your sensitive personal information, except as set forth in this Notice.

E. Your Rights Under the CCPA

As a California resident, you may have the rights listed below in relation to personal information that we have collected about you. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law.

Right to Know
- The right to request that we disclose to you the categories of personal information we collect, use or disclose, and information about our data practices.
Right to Access
- The right to access specific pieces of personal Information or categories of personal information collected about you and to know the source from which it was collected, the business or commercial purpose for which it was collected or shared and the categories of third parties with whom the personal information was shared.
Right to Delete
- The right to request that Conductor delete your personal information that we have collected from you.
Right to Correct
- The right to request that Conductor correct any inaccurate personal information that it maintains about you.
Right of No Retaliation
- The right not to be discriminated against because you exercised any of your CCPA rights.

To exercise a CCPA consumer right as described above, you can submit a verifiable consumer request to us by emailing [email protected].

Making a Verifiable Consumer Request:

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Using an Authorized Agent: If you use an authorized agent to submit a consumer request, the authorized agent must provide documentation or other proof indicating that they are authorized to act on your behalf. For requests to correct, access or delete, we may require you to verify your identity directly with us (for example, by emailing us directly from your email address associated with your application), and directly confirm with us that you provided the authorized agent permission to submit the request. If you are an authorized agent, you may make a request by emailing [email protected] and providing documentation or other proof indicating that you are authorized by the consumer to act on their behalf. The agent must provide documentation necessary (as determined in Conductor's discretion) to verify the agent has authority to act on the consumer's behalf in relation to CCPA requests.

Limitations on CCPA Requests: You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer 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; and
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Response Timing and Format: We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing (email suffices). Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data access requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance, for example, through an Excel file format. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

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