Workforce Member Privacy Policy

Effective Date: February 1, 2023

Our Commitment to Privacy

Martin Resorts, including its affiliates and subsidiary entities (collectively, “Martin Resorts,” “we,” or “us”) has developed and implemented this privacy policy (“Workforce Member Privacy Policy”) to demonstrate its commitment to privacy for California residents who are current employees or are seeking to become a member of the Martin Resorts workforce. This Workforce Member Privacy Policy is designed to assist California workforce members and candidates (“you”) in understanding how we collect, use, share, and safeguard personal information as part of your working relationship with us.

To Whom This Workforce Member Privacy Policy Applies

This Workforce Member Privacy Policy applies to California residents in connection with their status as a workforce member or candidates (collectively “Workforce Members”).  Our privacy practices with respect to personal information collected in other contexts, including visiting the Martin Resorts website, can be found in our main Privacy Policy. This Workforce Member Privacy Policy is limited to personal information processed in the context of the workforce member relationship.

This Workforce Member Privacy Policy does not apply to information available from a public source (such as a telephone directory) or to aggregated or de-identified information we may collect about our workforce, nor to references to Workforce Members in company work product. This Workforce Member Privacy Notice is intended to comply with the California Consumer Privacy Act (the “CCPA”).

How to Read and Understand this Policy

To make this policy clear and easy to understand, we have broken it up into specific sections. The first section, the “Notice at Collection” provides notice about the categories of personal information we collect about you, the purposes for which we use the personal information (including whether we sell or share your personal information), and how long we retain the information. The next section, “Your Privacy Rights” describes your legal rights pursuant to the CCPA and how you may exercise those rights.

For ease of reference, we have presented the relevant information in a chart explaining our collection, use, and disclosure practices related to Workforce Members. You can learn more about our specific practices by reading our more detailed disclosures below the chart.

The Personal Information that we collect and use about you may include:

• Application information as part of your candidacy to become a Workforce Member (e.g., resume, C.V., application form information; transcripts, recommendations letters, interview recordings and transcripts, professional certifications, photograph, and other application materials).
•  Contact information (e.g., name, name preferences, title, email address, telephone number, postal address).
•  Personal details that we need to process your employment or required to meet legal requirements, such as Social Security Number, driver’s license number, passport number or state identification and date of birth, and information about protected class status
•  Right to Work information (e.g., work permit / visa application information).
•  Payroll information (e.g., bank account details, tax information).
•  Benefits information (e.g., information to provide and maintain retirement, health, and other benefit program services or products).
•  Biometric Information (e.g., fingerprints and health screening information)
•  Medical and/or health information (e.g., medical examination results, vaccination status including COVID-19 and influenza vaccine status, reported medical and health conditions).
•  Performance evaluation information (e.g., information about and assessments of your performance collected as part of the employee review process, past compensation, personnel files).
•  Location information, including through GPS tracking technology on devices owned by us or other devices owned by you which you use in connection with your services to Martin Resorts.
•  Attendance records (e.g., time clock records).
•  Security and surveillance information: (e.g., security badge information, CCTV recordings, premises access logs, video surveillance footage, customer service telephone calls).
•  Safety and disciplinary information (e.g., information in connection with disciplinary action or investigations).
•  Systems information, i.e., information about your use of our systems or information that you provide to us through our systems (e.g., information from your company email account, information posted on our website, information you submit through applications or software made available to you).
•  Payment information you provide for goods, services, and other transactions authorized by you in your capacity as Workforce Member, such as travel expenses.
•  Internet or Other Similar Network Activity including browsing or search history, log in information and activity on Martin Resorts’ electronic resources and information regarding interactions with websites, applications or publicly available social media activity.
•  Background Screening Information including motor vehicle records, employment history, drug testing and information obtained through consumer reporting agencies subject to the Fair Credit Reporting Act.

The purpose for which personal information will be collected and processed will be consistent with your role as a Workforce Member at Martin Resorts. Because each Workforce Members relationship with the company varies based on that person’s role, location, experience, performance, and other factors, the type, nature, and amount of personal information we may seek to collect from you or process about you will vary.

Collecting Personal Information

We collect personal information about our Workforce Members from a variety of source, but primarily from the members themselves. In addition, we gather personal information through Workforce Members’ interaction with our systems and personnel, and we receive personal information from third parties who provide it to us. The following is a list of the sources from which we may collect personal information.

•  Affiliated Entities. On occasion we may collect and share personal information about you with our affiliated entities of Martin Resorts.
•  Candidate Recruiting Partners. These are the persons or entities who assist in facilitating recruitment and review of candidates to become Workforce Members. These entities include recruiting firms, job search services, social media companies (e.g., LinkedIn), and professional recruiting agents. We may also collect personal information from any other person or entity with whom you provide a reference, including past employers, personal references, former colleagues, and others.
•  Human Resources Service Providers. These are the persons or entities who assist in providing human resources and workforce management services, including background check providers, human resources software services providers, insurance providers, employee payment and benefits providers, governmental entities, and similar entities.
•  Business Services Providers. These are those persons or entities with whom we have a relationship to provide business operations services and support to Martin Resorts. These providers may include the following:
  •  IT Operations Providers. These include cloud computing service providers, internet service providers, data backup and security providers, functionality and infrastructure providers, and similar service providers.
  •  Professional Service Providers. These include lawyers, accountants, consultants, security professionals, and other similar parties when disclosure is reasonably necessary to comply with our legal and contractual obligations, prevent or respond to fraud or abuse, defend ourselves against attacks, or protect the rights, property, and safety of us, our customers, and the public.
  •  Operations Providers. These include service provider with whom we partner to provide day-to-day business operations, including real estate advisors, event planners, food services providers, entertainment providers, payment processors, banks, facilities management providers.
  •  Governmental Entities: These are governmental agencies that may provide information about Workforce Members.

We may also collect personal information from any other person or entity with whom you interact in the scope and course of a Workforce Members affiliation with Martin Resorts. For example, we may collect personal information about you from customers and residents, our staff, business contacts, and the general public.

Disclosing Personal Information

We may disclose personal information to any of the entities identified as sources of personal information. We may also disclose any personal information to the following:

•  Legally Required Parties. Persons to whom we are required by law to provide information, such as pursuant to a subpoena or a court order.
•  Reorganization Recipients. Persons involved in the consideration, negotiation, completion of a business transaction, including the sale, merger, consolidation, acquisition, change in control, transfer of substantial assets, bankruptcy, or reorganization, and any subsequent integration.
•  Authorized Recipients: To any party when authorized by the individual to whom it pertains to share it.

We use the personal information we collect as follows:

• To Process Employment Applications and Onboard New Hires: We collect most personal information to evaluate your candidacy, including to open and maintain candidate records, communicate with you, conduct employment related background screening and checks, and evaluate your application.
•  Recruiting and Workforce Member Communications. We use personal information to communicate with you as part of the candidacy process and as part of your workforce relationship with us. Personal information may be used to evaluate career development, consider candidates for roles and positions, and to communicate company policies.
•  Workforce Member Management. We use personal information to conduct our business operations and Workforce Members management, including management of staffing resources, financial planning, corporate compliance, and other business administration needs.
•  Compliance and Security Monitoring. We use personal information in connection with our legal and policy compliance. For example, we may collect processes personal information as part of an internal audit, internal investigation, and similar processes to comply with our occupational health and safety requirements, workers compensation policies and procedures, and other workplace health and safety requirements.
•  Compensation and Benefits Management. We collect and process personal data to provide payment and benefits to our Workforce Members and to ensure we are legally compliant when doing so.
•  Onboarding and Training. We collect data for integrating new hires into our systems and to provide staff training, feedback, disciplinary procedures, and investigations to meet our business interests in ensuring our staff are best able to carry out their roles.
•  For Diversity and Equal Opportunity Monitoring. Where permitted by law, you have the option to provide certain sensitive personal information, such as race or ethnic origin, for the purposes of equal opportunities monitoring. If you decide not to provide this information, your application will not be prejudiced. You may also tell us if you have a disability, so that we can make appropriate arrangements for you to attend our offices and/or participate in an interview.
•  To Maintain Security at Our Premises. If you attend in-person interviews at our offices or facilities, we may collect information related to your access to our building. This may include data related to your use of security control systems, audio and video captured on security cameras, and visitor logging information.
•  To Conduct Evaluations. We collect and review your personal information from multiple sources to assess your suitability for employment or work with Martin Resorts.  This may include obtaining pre-employment background checks.
•  Safety and Security Purposes. We use personal information in connection with the monitoring of our physical and digital ecosystem (which includes using technology to monitor your interaction with our devices and systems). We also us it to report on security and safety incidents, notify emergency contacts, and provide reasonable care when applicable.
•  Travel and Entertainment. We use information to travel and entertainment administration.
•  Enforce Our Policies. We use personal information to support and maintain compliance with our company policies, procedures, and operations.
•  Required Disclosures: We may disclose personal information to comply with applicable legal and regulatory requests and obligations (including investigations).
•  Legal Defense: We may process personal information to establish or defend legal claims and allegations.
•  Security Purposes: We process personal information in connection with the prevention, detection, or investigation of fraud, suspected or actual illegal activity, or other misconduct and the resultant harms or impacts to individuals.
•  Professional Advice: We may process personal information in connection with seeking advice from lawyers, auditors, and other professional advisors.
•  For Similar Purposes: When necessary or advisable we may process your personal information for purposes like those mentioned above, and consistent with the purpose for which you provided your personal information.

We will retain personal information only for so long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information, we consider: (i) the amount, nature, and sensitivity of the personal information; (ii) the potential risk of harm from unauthorized use or disclosure of your personal information; (iii) the purposes for which we process your personal information and whether we can achieve those purposes through other means; and (iv) the applicable legal requirements. In some circumstances, you may ask us to delete your personal information. Additionally, we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

We have implemented and maintain reasonable security procedures and practices, appropriate to the nature of the information, to protect your personal information from unauthorized access, destruction, use, modification, or disclosure. However, no security measure is perfect, so we cannot guarantee the security of your personal information. Periodically, our operations and business practices are reviewed for compliance with policies and procedures governing the security, confidentiality, and quality of our information. Our corporate values, ethical standards, policies, and practices are committed to the protection of customer information. In general, our business practices limit employee access to confidential information and limit the use and disclosure of such information to authorized persons, processes, and transactions.

California Residents have certain rights under the CCPA. For information on how to exercise these rights, please see below.

• The Right to Know. The right to know what personal information Martin Resorts has collected about you, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom the business discloses personal information, and the specific pieces of personal information the business has collected about you;
•  The Right to Deletion. The right to delete personal information that Martin Resorts has collected about you, subject to certain exceptions;
•  The Right to Correction. The right to correct inaccurate personal information that Martin Resorts maintains about you;
•  The Right to Opt-Out of the Sale/Sharing. If we sell or share personal information, the right to opt-out of the sale or sharing of your personal information by Martin Resorts;
•  The Right to Limit the Use of Sensitive Personal Information. If Martin Resorts uses or discloses sensitive personal information for reasons other than those permitted by the CCPA, the right to limit the use or disclosure of sensitive personal information by Martin Resorts;
•  Non-Discrimination. The right not to be discriminated against for exercising any of the rights conferred by the CCPA.

Workforce Members who are California residents may submit CCPA requests themselves or using an authorized agent. CCPA requests are subject to our verification measures which vary depending on the type of request made and the sensitivity of the information you request. We may ask you to provide a few pieces of information to confirm your identity in our records. If you authorize an agent to submit a request on your behalf, we may require the agent to provide proof that you gave the agent signed permission to submit the request and may verify the agent’s identity and authority to act on your behalf.

Submitting Access, Deletion, and Correction Requests

To make an access, deletion, correction, or limitation request, please email us at [email protected] or submit a request to your human resources manager.

Limiting the Use of Your Sensitive Personal Information

Californian’s have the right to limit a business’s use or disclosure of sensitive personal information. However, Martin Resorts does not use or disclose sensitive personal information about Workforce Members for any purpose other than for permissible purposes under the CCPA.

Opting Out of the Sale/Share of Your Personal Information

Martin Resorts does not sell or share personal information related to the Workforce Member relationship. Please review the Martin Resorts Privacy Policy for more information about opt-out rights for website visitors.

We may update this Workforce Member Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as email notification or internal announcement on our Intranet).

If you have questions or comments about this Privacy Policy or complaints and our privacy practices, please contact us at:

Martin Resorts, Inc.

Mail: Martin Resorts, c/o CCC Portfolio Management, LLC

18565 Jamboree Road, Suite 500, Irvine, CA 92612

Email: [email protected]