Privacy Notice

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS SEEKING EMPLOYMENT supplements the information contained in the Privacy Policy of Modernizing Medicine, Inc. (the “Company”, “ModMed”, “we”, “us”, or “our”). This Privacy Notice for California Residents Seeking Employment (“Privacy Notice” or “Notice”) applies solely to persons who have applied for or sought employment with the Company and who reside in the State of California (“Prospective California Employees” or “you”). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”), and other California privacy laws.  Any terms defined in the CCPA and CPRA have the same meaning when used in this Notice.

Information We Collect from Prospective California Employees

During the time you are a prospective employee, we collect and maintain different types of personal information, which is information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Prospective California Employee, about you relating to your prospective employee relationship with the Company. Specifically, in the prior twelve (12) months, we have collected the following categories of personal information from Prospective California Employees:

Category	Examples
A. Identifiers.	This category may include name, postal address, unique personal identifiers (such as employee ID number), online identifiers, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
B. Personal Information Categories Listed in the California Customer Records Act (Cal. Civ. Code § 1798.80(e)).	This category may include name, signature, Social Security number, physical characteristics, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education or employment information, financial account numbers (such as your banking information and payment card information), medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
C. Protected Classification Characteristics under California or Federal Law.	This category may include age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex and gender information, veteran or military status, or genetic information.
D. Professional or Employment-related Information.	This category may include current or past job history, income and wage information, job title, emergency contacts, personal references, and references related to your previous employment.
E. Non-public Education Information	This category may include education records directly related to a student maintained by an educational institution or party acting on its behalf. Such records may include grades, transcripts, schedules, and student ID numbers.
F. Inferences Drawn from Other Personal Information.	This category may include inferences drawn from the above information that may reflect your preferences, characteristics, predispositions, behavior, attitudes, or similar behavioral information.

Personal information does not include: (i) publicly available information from government records; (ii) de-identified or aggregated consumer information; or (iii) information excluded from the CCPA’s scope, including (a) health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or (b) personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

How We Collect Personal Information

We collect information that you give us directly when you complete your employment paperwork during the onboarding process, enroll in employee benefits, or when you otherwise interact with us and provide personal information in the context of your employment.

We may collect information about you from our service providers and others if you have provided your personal information to them, such employment recruiters, professional references, and vendors that perform background screenings.

Use of Personal Information

We may use your personal information for the following purposes:

1. Job Applications: We use your personal information to process your job application you submit to us, to communicate with you, to verify employment references and referrals, to make employment decisions, to perform background screenings, to effectively process expense reimbursement requests, and to establish and manage your employment relationship with the Company.
2. Business Operations and Programs: We use your personal information to manage our business, which includes managing recruiting, human resource administration, strategic planning, and maintaining records relating to business activities.
3. Monitoring and Compliance: We use your personal information to maintain internal recordkeeping and oversight of the Company’s hiring decisions, and to comply and monitor compliance with internal policies and applicable state and federal labor, employment and wage and hour laws, such as laws related to benefits, workers’ compensation, disability, equal opportunity, and workplace safety.

Disclosure of Personal Information

We may disclose the information we have collected about you, including personal information, as disclosed at the time you provide your information, as described herein and in the following circumstances:

1. Service Providers: We may disclose your personal information with service providers, such as recruiters, pre-employment screening services, background check providers and others.
2. When You Agree to Receive Information From Third Parties: You may be presented with opportunities to receive offers or information directly from third parties. If you agree to have us disclose your personal information, we will disclose your personal information to such third parties. Please be advised that the third party’s own privacy policy may apply to its use of your personal information. If you decide that you no longer want to receive communications from a third party, you agree to contact that third party directly.
3. Administrative and Legal Reasons: We may transfer and disclose your information, including personal information, to third parties: (i) to respond to subpoenas or other legal process or if in our opinion such disclosure is required by law; (ii) at the request of governmental authorities conducting an investigation; or (iii) to protect the personal safety, rights, property or security of any individual.
4. Business Transfer: We may disclose personal information with our subsidiaries and affiliates for internal reasons. We also reserve the right to disclose and transfer all information including, without limitation, your personal information in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of the Company’s stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process.
5. Professional Financial and Legal Advisors: We may need to disclose personal information with our professional advisors, which includes lawyers, auditors, bankers, or other professional consultants for business purposes.

Sales and Sharing of Personal Information

In the preceding twelve (12) months, we have not sold personal information we have collected about you in your capacity as a Prospective California Employees. We will continue to not sell personal information of our Prospective California Employees; however, we may share your personal information as described in the Section above titled “Disclosure of Your Personal Information.” We also do not sell your personal information or share your personal information for cross-context behavioral advertising as those terms are defined by applicable law.

Data Retention

We may retain your personal information, including sensitive personal information, for as long as needed to carry out the purposes described herein or as otherwise required by applicable law. Unless we are required or permitted by law to keep this information for a longer period of time, when this information is no longer necessary to carry out the purposes for which we process it, we will delete your personal information or keep it in a form that does not permit identifying you. When determining the retention period, we take into account various criteria, such as the nature and length of your employment relationship with us, the impact on our ability to provide employment services if we delete some personal information from or about you, mandatory retention periods provided by law and the statute of limitations.

Changes to Our Privacy Notice

We reserve the right to amend this Privacy Notice at our discretion and at any time. When we make changes to this Privacy Notice, we will notify you by email or through a Notice on the ModMed Wiki.

Contact Information

If you have any questions or comments about this Notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please contact the Modernizing Medicine privacy department by email: [email protected] or phone: 1-866-799-2146 and ask to speak with the Privacy Officer.