Orangetheory Fitness California Applicant Privacy Policy

This Privacy Policy for California Applicants ("Notice") describes how [Your Company Name] ("Company," "we," "us," or "our") collects, uses, and discloses Personal Information of California residents who apply for employment with us. This Notice is provided in accordance with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, "CCPA").

1. Introduction

At Orangetheory Fitness we are committed to protecting the privacy and security of your Personal Information. This Notice explains our practices regarding the collection, use, and disclosure of your Personal Information during the job application and recruitment process.

2. Personal Information We Collect

"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 a particular California resident or household. Personal Information does not include publicly available information, de-identified information, or aggregated consumer information.

We may collect the following categories of Personal Information from you, depending on the nature of your application and the position you are applying for:

Identifiers: Real name, alias, postal address, telephone number, email address, unique personal identifier, online identifier, Internet Protocol (IP) address, social security number, driver's license number, passport number, or other similar identifiers.
Personal Records: Signature, education, employment, and employment history (e.g., resume, cover letter, previous and/or relevant work experience, job titles, dates employed).
Characteristics of Protected Classifications Under California or Federal Law: Age, race, ethnic origin, gender, sex (including gender identity, gender expression, pregnancy or childbirth and related medical conditions), marital status, medical condition, physical or mental disability, citizenship or immigration status, military/veteran status, and, where applicable and provided voluntarily, religious or philosophical beliefs, or union membership.
Professional or Employment-Related Information: Information provided in your job application, resume, curriculum vitae, interview notes, candidate evaluation records, professional certifications, licenses, and other information you provide to us in support of your application. This may include information from background checks, reference checks, and drug tests (where permitted by law and with your consent).
Education Information: Non-public education records and transcripts from educational institutions (as defined in the Family Educational Rights and Privacy Act).
Internet or Other Electronic Network Activity Information: Interactions with our recruitment website or online application portal, including Browse history, search history, and information collected if you use our online application portal (e.g., IP address, Browse activities, log data).
Geolocation Data: General location data inferred from your device IP address.
Sensory Information: Audio (e.g., voicemails), electronic, or visual information (e.g., if you participate in a video interview or if CCTV is in use on our premises).
Inferences: Inferences drawn from any of the Personal Information listed above to create a profile reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes for purposes of recruiting and hiring assessments and decisions.

Sensitive Personal Information: Some of the categories listed above may also qualify as "Sensitive Personal Information" under California law. These include:

Social Security, driver's license, state identification card, or passport number.
Racial or ethnic origin.
Religious or philosophical beliefs.
Union membership.
Contents of your mail, email, and text messages (where we are the intended recipient).
Genetic data.
Biometric information used for identification purposes.
Information collected and analyzed concerning your health.
Information collected and analyzed concerning your sex life or sexual orientation.

We will only collect and process Sensitive Personal Information as permitted by applicable law, typically with your explicit consent where required, or for purposes consistent with your application (e.g., verifying your eligibility to work).

3. Sources of Personal Information

We collect Personal Information from various sources, including:

Directly from you: When you provide it through our online application portal, resume submissions, cover letters, interviews, or other communications.
From third parties:

Recruiters and staffing agencies: If you apply through a recruiter or agency.
References: Individuals you provide as references.
Background check providers: With your authorization, for employment and criminal background checks.
Educational institutions: To verify your academic credentials.
Online providers: Such as LinkedIn and similar professional networking sites where you have made your information publicly available.
Government entities: For example, to verify work authorization.
Publicly available sources: Information lawfully made available from federal, state, or local government records, or information you have made publicly available.

4. Purposes for Collecting and Using Your Personal Information

We collect and use your Personal Information for the following business and commercial purposes related to your application and potential employment:

Recruitment and Hiring:

To process and evaluate your job application and candidacy for employment.
To assess your skills, qualifications, and background for a particular role.
To verify information you provide (e.g., employment history, education).
To conduct reference and background checks (with your authorization, where required).
To communicate with you about your application, interviews, and other related matters.
To generally manage the hiring process.

Legal and Regulatory Compliance:

To comply with local, state, and federal laws and regulations requiring employers to maintain certain records (e.g., immigration compliance, EEO reporting, tax records).
To respond to governmental and/or law enforcement requests or court orders.
To identify, contact, or bring legal action against someone who may be causing injury to or interference with our rights or property.

Operational Purposes:

To evaluate and improve our recruiting methods and strategies.
To prevent, detect, and investigate security incidents or fraudulent activity.
To maintain the security of our premises, systems, and networks.
To engage in corporate transactions (e.g., mergers, acquisitions) that may require review or disclosure of applicant records, subject to non-disclosure agreements.

Diversity, Equity, and Inclusion (DEI): To promote and foster diversity, equity, and inclusion in the workplace, where permitted by law and on a voluntary basis.

We do not use or disclose Sensitive Personal Information for the purpose of inferring characteristics about applicants beyond the purposes disclosed above or those permitted by the CCPA regulations.

5. Disclosure of Personal Information

We may disclose your Personal Information to the following categories of recipients for the business purposes described above:

Internal Personnel: Our employees and personnel involved in the recruitment and hiring process who have a legitimate need to access your information to perform their duties.
Service Providers and Contractors: Third-party vendors and service providers who perform services on our behalf, such as:

Applicant tracking system providers
Background check providers
Recruiting agencies (if applicable)
IT and system support providers
Data analytics providers
Legal and compliance services
Payroll or benefits providers (if you are hired and onboarding requires sharing with external administrators). We require these service providers to agree to keep your Personal Information confidential and to use it only for the purposes for which we disclose it to them.

Government Entities and Law Enforcement: As required by law or legal process (e.g., subpoenas, court orders), or to comply with regulatory obligations.
Affiliates: Other entities within our corporate family for recruitment and internal business purposes.
Successors in Interest: In the event of a merger, acquisition, bankruptcy, or other transaction where a third party assumes control of our business (in whole or in part), your Personal Information may be transferred to that third party.

We do not sell or share your Personal Information, including Sensitive Personal Information, for monetary or other valuable consideration, nor do we share it for cross-context behavioral advertising.

6. Data Retention

We retain your Personal Information for as long as necessary to fulfill the purposes for which it was collected, or as required by applicable law and our internal document retention policies.

If you are hired: We will retain your Personal Information collected during the application process as part of your employee record, in accordance with our Employee Privacy Policy and applicable legal retention periods.
If you are not hired: We generally retain your application and related Personal Information for a period of [e.g., 3-5 years] after the position is filled or the date we receive your information, whichever is longer, to allow us to consider you for other suitable opportunities, defend against legal claims, and comply with record-keeping obligations.

7. Your California Privacy Rights

As a California resident, you have certain rights regarding your Personal Information under the CCPA, including:

Right to Know: You have the right to request that we disclose to you:

The categories of Personal Information we have collected about you.
The categories of sources from which the Personal Information is collected.
The business or commercial purpose for collecting or disclosing Personal Information.
The categories of third parties to whom we disclose Personal Information.
The specific pieces of Personal Information we have collected about you.

Right to Delete: You have the right to request the deletion of your Personal Information that we have collected from you, subject to certain exceptions. We may deny your deletion request if retaining the information is necessary for us or our service providers to:

Complete the transaction for which the Personal Information was collected.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity.
Comply with a legal obligation.
Enable solely internal uses that are reasonably aligned with your expectations.
Or for other legally permissible reasons.

Right to Correct Inaccurate Personal Information: You have the right to request that we correct inaccurate Personal Information that we maintain about you.
Right to Limit Use and Disclosure of Sensitive Personal Information: You have the right to limit the use and disclosure of your Sensitive Personal Information to certain purposes allowed by the CCPA regulations. As noted above, we do not collect or process sensitive personal information for the purpose of inferring characteristics or for any purpose other than those set forth in CPRA Regulations, Article 3, Section 7027(m).
Right to Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights. This means we will not deny you employment, charge you different rates for services, or provide a different quality of services if you choose to exercise your rights.

8. How to Exercise Your Rights

To exercise your Right to Know, Right to Delete, or Right to Correct, please submit a verifiable request through one of the following methods:

By Email: hr@aspyrteam.com
By Mail: hr@aspyrteam.com
By Phone: 888-888-1906

Verification Process: To protect your Personal Information, we will need to verify your identity before processing your request. We will generally verify your identity by matching the information you provide in your request with the information we maintain in our records. This may include requesting additional identifying information from you, such as your name, email address, and phone number, or other information that we can match with our records.

If you use an authorized agent to submit a request on your behalf, we may require:

Written permission from you for the authorized agent to act on your behalf.
Verification of your identity directly with us.
Direct confirmation from you that you provided the authorized agent permission to submit the request.

We will respond to verifiable requests within 45 calendar days. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

9. Changes to this Privacy Policy

We may update this Privacy Policy periodically to reflect changes in our Personal Information practices or applicable laws. We will notify you of any material changes by updating the "Effective Date" at the top of this Notice. We encourage you to review this Notice regularly.

10. Contact Us

If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us at:

Human resources at HR@aspyrteam.com