PRIVACY NOTICE FOR CALIFORNIA EMPLOYEES AND JOB APPLICANTS

5.11, Inc. and Beyond Clothing (“5.11”) is committed to protecting your privacy. The information that you provide to 5.11, (sometimes referred to as “we”, “us” or “our”) is utilized in order for us to (among other things) retain you as an employee and to maintain employment records.

This Notice to California Employees and Job Applicants (“Notice”) applies to our offline and online data collection practices, including when you submit personal information, either directly to us or through third-party websites and recruiters, for purposes of applying for and/or becoming a valued employee at 5.11, and in the course of your employment with 5.11, pursuant to California law, including the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). If you are not an employee who is a California resident, this Notice does not apply to you.

While this Notice only applies to California employees and job applicants, this Notice is not an indication that 5.11 enforces different privacy policies or practices for non-California employees or job applicants. 5.11 uses consistent offline and online data collection practices for both California and non-California employees and job applicants, including with respect to collecting, disclosing, selling and sharing personal information of 5.11 employees and job applicants.

Please note that if you are visiting our website or offline store as a customer, any of your personal information collected in that capacity is subject to 5.11’s Privacy Policy for consumers and applicable consumer rights. For more information, we encourage you to visit and review our Privacy Policy and California Consumer Notice.

Your Consent

Please review this Notice periodically. You should read this entire Notice before submitting information, including personal information, to us in any form. Whenever you submit personal information to us, you consent to the collection, use, disclosure, transfer, and storage of that information in accordance with this Notice.

All personal information may be used for the purposes stated in this Notice. We may make full use of all information that is de-identified, aggregated, or otherwise not in personally identifiable form.

Collection of Personal Information

This Privacy Notice applies to any candidate data that is collected by 5.11 for recruiting purposes. This may include but is not limited to the following information:

Personal Information

We collect personal information from you when you choose to voluntarily to us, either directly or through third-party means including, but not limited to, through Indeed, Linkedin, or other third-party recruiters. Please note that if you submit your information through third-party means, you are also subject to their privacy policies. To see a complete list of what we collect and how we use this data, please see Annex 1.

Internet/Network/Technology Activity

If you are an employee, we collect information about you through your browser, computer hardware, and software. This information can include your IP address, device ID, browser type, domain names, access times and dates, number of clicks, pages viewed, one or more cookies that may uniquely identify your browser, and referring website addresses. To see a complete list of what we collect and how we use this data, please see our Annex 1.

Sensitive Personal Information

We may collect Sensitive Personal Information from you including information relating to your health, disability status, veteran status, caregiving status, expanded categories for race/ethnicity, citizenship or immigration status, voluntarily disclosed EEO data (e.g., gender identity, race), social security numbers, driver’s license, passport or other identification information, certain biometric information, including photographs and video on 5.11’s properties, and other information such as union membership or other data you choose to provide in connection with your application or employment. Access to your Sensitive Personal Information is strictly limited to those with a legitimate business reason for accessing this in line with the lawful basis described in Annex 1.

Information Sold or Shared

We have not sold or shared personal information about California employees or job applicants in the past 12 months.

We have disclosed the following categories of personal information about California employees and job applicants for a business or commercial purpose in the preceding 12 months:

• Personal identifiers;
• Biometric information;
• Sensitive personal information; and
• Internet/network/technology activity.

How We Use Your Employee Personal Information

We use Personal Information of employees and job applicants for a wide range of purposes, including:

• to evaluate candidates for employment;
• to keep you up-to-date about the employment process and employment-related issues;
• to facilitate the employment relationship, including for processing of payroll and benefits (including family health benefits), and other internal business needs;
• to ensure compliance with internal HR policies;
• to maintain internal employment records;
• to maintain internal financial records including paystubs and payment methods;
• to comply with legal obligations or to assert or defend legal rights or address legal claims and proceedings; and
• to maintain any other business operations.

How We Disclose Your Employee Personal Information

Service Providers and Contractors

We disclose Personal Information you provide to consultants, service providers, and contractors that we use to support our business and operations who have agreed to keep the information confidential and use it only to provide the applicable service(s) such as vendors that provide payroll and benefits, vendors that help us communicate with you, vendors that host our website and data, security and fraud detection vendors.

Legal Obligations

We may disclose Personal Information to outside parties (including, without limitation, governmental agencies) if required to do so by law, regulation or court order; to respond to governmental and/or law enforcement requests; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our (or others’) rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; or in connection with disciplinary actions/investigations.

Sale or Corporate Restructuring

We may disclose Personal Information to third parties in connection with the sale, assignment or other transfer of the business of our website or the sale, assignment, merger, reorganization or other transfer of our brand or company.

To see a complete list of what we collect and how we use and disclose that information, please see our Annex 1.

RIGHTS UNDER THE CCPA AND CPRA

Under California law, as an employee or job applicant, you are afforded several rights about the personal information collected about you, and you can make certain requests with regard to those rights as follows:

• Right to Know about the Categories of Personal Information Collected or Disclosed (“Right to Know”)
• Right to Request Deletion of Personal Information (“Right to Delete”)
• Right to Correct or Rectify Inaccurate Information About You (“Right to Correct”)

However, there are several exceptions that may apply. These exceptions to the right to request to access, correct, amend, and/or delete your personal information may include our right to maintain personal information of employees and applicants for business purposes and solely internal uses reasonably aligned with the expectations of the employee, as well as to comply with any legal obligations, including maintaining proper employee records, or maintaining privilege or confidentiality of certain records, in compliance with applicable U.S. and California labor laws and legal rights.

HOW TO MAKE YOUR REQUESTS TO KNOW, DELETE, OR CORRECT

You have the right make requests for the aforementioned rights (Request to Know; Request to Delete; or a Request to Correct (a “Request”)).

To make a Request for any of the information set forth above, please submit a verifiable employee request pursuant to the instructions below. The Request must provide sufficient information to allow us to verify that you are the person about whom the personal information was collected, sold, shared, or disclosed and must contain sufficient detail to allow us to properly understand, evaluate and respond to your Request. If we cannot verify your identity, we will not be able to respond to your Request. We will acknowledge your Request to Correct within 10 business days and we will attempt to respond substantively within 45-90 days

You can make a Request in the following ways:

• Use our Webform, or
• Call 800.511.9526.

Once we receive your Request, we will begin the process to verify that you are the person that is the subject of the request (the “Verification Process”). The Verification Process consists of matching identifying information provided by you with the information we have about you in our records.

We will review all information provided by you to us, to determine whether we can respond to your Request. We will inform you of our decision to deny or grant your Request

For any Requests to Know, you may make such Requests twice within a 12-month period.

For Requests to Correct, you will need to provide evidence supporting the inaccuracy of the current information, and we reserve the right to delete the information instead of correcting if such deletion does not impact you or you consent to the deletion.

We will retain correspondence, documents and information related to any Request for 24 months as required by law.

Additional CPRA Rights

The following additional rights are afforded to you under the CPRA:

Right to Know Sensitive Personal Information Collected

We collect and use your Sensitive Personal Information as described in Annex 1.
We do not collect or process sensitive personal information for the purpose of inferring characteristics or for any purposes other than those set forth in Regulations Section 7027(m).

Right to Opt Out of Sharing and Selling

We do not sell or share your Personal Information as defined under the CPRA. For more information about our collection practices, please visit our Annex 1 of this Policy.

Right to Non-Discrimination for Exercising Consumer Privacy Rights

You have the right not to receive discriminatory treatment for exercising your privacy rights conferred by the California Consumer Privacy Act, including by exercising the rights specified herein.

Retention of Personal Information

We will retain your Personal Information for as long as it is necessary for the purposes set out in Annex 1 and to the extent necessary to comply with our legal obligations (for example, if we are required to retain your Personal Information to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Authorized Agent Information

You may designate an authorized agent to make a request on your behalf under the California Consumer Privacy Act.
In order to allow an authorized agent to make a request on your behalf, please use our Webform or call 800.511.9526 and provide your written request and consent to an authorized agent.

When your authorized agent makes a request related to your personal information, we will require the agent to provide the above written permission. We may also require that you verify your own identity directly with us at the time such a request is made.

Changes to This Employee Notice

This Employee Notice may be revised from time to time for any reason. If this Employee Notice changes, the revised Notice will include a new effective date, and we will notify you of such changes by posting the revised policy on this page. Be sure to check the Notice whenever you submit personal information to us.

Governing Law

This Notice along with our privacy practices will be subject exclusively to the laws of the State of California, United States of America. We make no representation that this Notice and its practices comply with the laws of other jurisdictions.

Contact for More Information

For information and questions about the use of your personal information or this Employee Notice or your rights under California law, please use our Webform.

Annex 1

Notice of Collection, Use, and Disclosure

See 5.11 Tactical Notice for California Employees and Job Applicants