ZeniMax Media California Applicant Privacy Notice

EFFECTIVE DATE: January 1, 2023

PURPOSE OF THIS NOTICE: This ZeniMax Media California Applicant Privacy Notice (the “Notice”) describes our collection and use of personal information about external job applicants who are California residents (“Applicants”) for a position with ZeniMax Media Inc. or its subsidiaries (together, “ZeniMax,” “we,” “our” or “us”). This Notice is intended to satisfy ZeniMax’s applicable notice requirements under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, “CCPA”). We may provide Applicants additional notices about our data collection practices that are covered by other laws (e.g., if we conduct a background check or extend an employment offer).

SCOPE OF THIS NOTICE: This Notice applies to the personal information that we collect from and about Applicants, in the context of reviewing, assessing, considering, managing, storing, or processing their applications or otherwise considering them for a position with us.

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 lawfully made available from state or federal government records, or other information that is exempt under the CCPA. This Notice also does not apply to the personal information we collect about ZeniMax employees or contractors.

Are our practices the same for all Applicants? The categories of personal information we collect, and our use of personal information may vary depending upon the position(s) or location, as well as the associated qualifications and responsibilities. The information in this Notice is intended to provide an overall description of our collection and use of personal information about Applicants.

CATEGORIES OF PERSONAL INFORMATION COLLECTED: Generally, we may collect the following categories of personal information about Applicants:

  • 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, or other similar identifiers.
  • Paper and electronic records: such as records that may contain name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
  • Characteristics of protected classifications: such as race/ethnicity, gender, sex, age, veteran status, disability, citizenship status, and other characteristics of protected classifications under California or federal law. (Note: generally, this information is collected on a voluntary basis, and is used in support of our equal opportunity and diversity and inclusion efforts or where otherwise required by law.).
  • Internet or other electronic network activity information: such as browsing history, search history, and information regarding a resident’s interaction with an internet website, application, or advertisement, as well as physical and network access logs and other network activity information.
  • Audio, video and other electronic data: such as audio, electronic, visual, thermal, or similar information, such as, CCTV footage, photographs, and call recordings and other audio recording (e.g., recorded meetings).
  • Employment History: professional or employment-related information.
  • Education Information: such as information about education history or background that is not publicly available personally identifiable information as defined in the federal Family Educational Rights and Privacy Act.
  • Inferences drawn from personal information collected: such as inferences used to create a profile about an individual reflecting their preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
  • Sensitive Personal Information. Social security number, driver’s license number, passport number, race/ethnicity, religion, sexual orientation, gender identity, and medical condition.

We disclose the categories of personal information described above to the following categories of third parties for business and commercial purposes:

  • Affiliates and subsidiaries
  • Service providers and suppliers
  • Government entities and law enforcement

PURPOSES FOR COLLECTING AND USING PERSONAL INFORMATION: Generally, we may use the above categories of personal information for the following business and commercial purposes:

Recruiting, Hiring and Managing, and Evaluating Applicants. To review, assess, recruit, consider, or otherwise manage applicants, candidates, and job applications, including:

  • Scheduling and conducting interviews
  • Identifying candidates, including by working with external recruiters
  • Reviewing, assessing, and verifying information provided, to conduct criminal and background checks and to otherwise screen or evaluate Applicants’ qualifications, suitability, and relevant characteristics
  • Extending offers, negotiating the terms of offers, and assessing salary and compensation matters
  • Satisfying legal and regulatory obligations
  • Communicating with Applicants regarding their applications and about other similar position(s) for which they may be interested
  • Maintaining Applicant personal information for future consideration
  • Supporting our equal opportunity employment policy and practices

Security and Monitoring. To monitor and secure our resources, network, premises, and assets, including:

  • Monitoring for, preventing, and investigating suspected or alleged misconduct or violations of work rules
  • Monitoring for, preventing, investigating, and responding to security and privacy incidents
  • Providing and managing access to physical and technical access controls
  • Monitoring activities, access, and use to ensure the security and functioning of our systems and assets
  • Securing our offices, premises, and physical assets, including through the use of electronic access systems and video monitoring

Auditing, Accounting and Corporate Governance. Relating to financial, tax audits, accounting audits, audits and assessments of our business operations, security controls, financial controls, or compliance with legal obligations, and for other internal business purposes such as administration of our records retention program.

M&A and Other Business Transactions. For purposes of planning, due diligence, and implementation of commercial transactions, such as mergers, acquisitions, asset sales or transfers, bankruptcy or reorganization, or other similar business transactions.

Defending and Protecting Rights. To protect and defend our rights and interests and those of third parties, including to manage and respond to employee and other legal disputes, to respond to legal claims or disputes, and to otherwise establish, defend, or protect our rights or interests, or the rights, interests, health, or safety of others, including in the context of anticipated or actual litigation with third parties.

Compliance with Applicable Legal Obligations. Relating to compliance with applicable legal obligations (such as hiring eligibility, responding to subpoenas and court orders) as well as assessments, reviews, and reporting relating to such legal obligations, including under employment and labor laws and regulations, social security and tax laws, environmental regulations, workplace safety laws and regulations, and other applicable laws, regulations, opinions, and guidance.

Other Business and Commercial Purposes. In addition, we may use the personal information we collect about Applicants for other purposes including analytics and insights.

We do not sell Applicants’ personal information to third parties, and we do not share Applicants’ personal information for cross-context behavioral advertising purposes.

RETENTION OF PERSONAL INFORMATION

We will retain your personal information, including sensitive personal information, as long as necessary for purposes for which the personal information was collected and is used by us, as stated in this Notice. To the extent permitted by applicable law, we will retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, maintain appropriate business records, and enforce our agreements.

SENSITIVE PERSONAL INFORMATION

We collect and use certain sensitive personal information which may vary depending on the circumstances. We may collect the categories of sensitive personal information, as indicated in the “Categories of Personal Information Collected” section above.

Notwithstanding the “Purposes for Collecting and Using Personal Information” section above, we only use or disclose sensitive personal information as reasonably necessary (i) to perform 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 other purposes other than inferring characteristics about you. We do not use or disclose your sensitive personal information other than as authorized pursuant to the CCPA.

APPLICANT RIGHTS

Applicants have the following rights with respect to their personal information:

  • Do not “sell” or “share” (opt-out): to opt-out of our “sale” or “sharing” of their personal information as defined by the CCPA. We do not “sell” or “share” personal information of Applicants as defined by the CCPA, including about California residents who we know are younger than 16 years old.
  • Right of deletion: to request deletion of their personal information that we have collected about them and to have such personal information deleted, subject to certain exceptions.
  • Right to know: with respect to the personal information we have collected about them, to require that we disclose the following to them (up to twice per year and subject to certain exemptions):
    • categories of personal information collected;
    • specific pieces of personal information collected;
    • categories of sources of personal information;
    • categories of personal information about them we have disclosed for a business purpose, “sold”, or “shared”;
    • categories of third parties to whom we have disclosed for a business purpose their personal information;
    • categories of personal information “sold,” or “shared” and categories of third parties to whom the personal information was “sold” or “shared”;
    • the business or commercial purposes for collecting, “selling,” or “sharing” personal information; and
    • a copy of the specific pieces of personal information we have collected about them.
  • Right to correct inaccurate information: to request correction of their inaccurate personal information that we have collected about them and to have such personal information corrected.
  • Right to limit the use or disclosure of sensitive personal information: the right to limit the use or disclosure of sensitive personal information to those uses authorized by the CCPA. However, we do not use or disclose sensitive personal information except for the purposes described above under “Sensitive Personal Information”, as authorized by the CCPA.
  • Right to non-discrimination: the right not to be subject to discriminatory treatment for exercising their rights under the CCPA.
  • Financial incentives: Applicants have the right to understand the material terms of any “financial incentive” offered to them and to not be included in such without consent.

Submitting Requests. You may submit requests to us at [email protected] or by contacting your local HR Representative.

Please note that we may require additional information from you in order to verify your request.

Authorized agents may submit requests to us at [email protected]. If you are submitting a request through an authorized agent, the authorized agent must confirm their relationship with you. We may also request that any authorized agents verify their identity, including by providing information about themselves, such as their name, email, phone number, and address. We may reach out to you directly to confirm that you have provided the agent with your permission to submit the request on your behalf.

There may be circumstances where we will not be able to honor your request. For example, if you request deletion, we may need to retain certain personal information to comply with our legal obligations or other permitted purposes.

CONTACTING US ABOUT THIS NOTICE: If you have any questions or concerns regarding our use of personal information as described in this Notice, please contact [email protected] or your local HR Representative.