CALIFORNIA APPLICANT DATA PROTECTION POLICY AND PRIVACY NOTICE

  1. INTRODUCTION

This is the applicant data protection policy and privacy notice (“Notice”) for Gates Corporation (as defined below). This Notice applies to you when you make an application for a position at Gates Corporation (as defined below) if you are a California resident. If you become a Gates Corporation employee, this Notice will no longer be applicable to you. Instead, the California Gates Corporation Employee and Personnel Data Protection Policy and Privacy Notice for employees, directors, officers, independent contractors, and other temporary staff and personnel of Gates Corporation will apply.

At Gates Corporation, we respect your privacy, and this Notice governs how Gates Corporation collects, processes (as defined below) and uses your Personal Data (as defined below). For the purposes of applicable California laws and regulations relating to data protection and privacy (“Data Protection Legislation”) Gates Corporation acts as a business in respect of your Personal Data.

Please read the information set out below before submitting your resume, CV and/or application form.

This Notice was last updated in March 2023.

  1. DEFINITIONS

The following definitions shall apply to this Notice:

“Gates Corporation”, “we”, “us”, “our” means entities owned, operated and/or managed by Gates Corporation Partners, LP that conduct material business activities in Canada.

“Personal Data” has the meaning given to it or any similar term (e.g., “personal information”, “nonpublic personal information”, “PII”, “personally referable information”) in applicable Data Protection Legislation and for the avoidance of doubt means any information which directly or indirectly identifies or otherwise relates to a living individual, which is in the possession or under the control of Gates Corporation (or its representatives or service providers). Such Personal Data may include, without limitation, the name, age, identification number, email address, address, telephone number, location data, financial data, or online identifier of that individual.

“Process” or “processing” means any operation that is carried out in respect of Personal Data, including but not limited to collecting, storing, using, disclosing, transferring or deleting Personal Data.

“Sensitive Personal Data” has the meaning ascribed to this or any similar term provided by applicable Data Protection Legislation (e.g., “sensitive personal information”, “sensitive data”, “special categories of personal data”) and includes the Personal Data mentioned in Section 6 below.

  1. NOTICE REGARDING CALIFORNIA PRIVACY RIGHTS

This section of the Notice is intended to provide California residents with information concerning our collection and use of your Personal Data and your rights under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”).

We have collected, and disclosed for a business purpose, the following categories of Personal Data within the last twelve (12) months from individuals covered by this Notice:

(a) identifiers and other personal information, such as name, address, online identifiers;

(b) internet or other electronic network activity information, such as browsing history, search history, and interactions with advertisements;

(c) professional or employment-related information;

(d) education information;

(e) inferences drawn from any of the foregoing categories of information to create a consumer profile; and

(f) Sensitive Personal Data, including:

  • personal information that reveals an individual’s social security, driver’s license, state identification card, or passport number;
  • personal information that reveals an individual’s racial or ethnic origin, religious or philosophical beliefs, or union membership; and
  • personal information collected and analyzed concerning an individual’s health.

The third parties to whom we may disclose Personal Data, including Sensitive Personal Data, are set forth in Section 7 and the sources from which we receive Personal Data, including Sensitive Personal Data, are set forth in Section 4.

Our business or commercial purposes for collecting and using Personal Data, including Sensitive Personal Data, are set forth in Section 5.

California residents have the right to request to access, correct, or delete their Personal Data, subject to certain exceptions set out in Data Protection Legislation. If you wish to exercise any of the rights enumerated in this section, please contact us at privacy@gatescorporation.ca, via webform HERE or by phone at +1 844-749-2387. We may deny certain requests or fulfill a request only in part based on our legal rights and obligations. We will not discriminate against you because you exercise any of these rights. We will verify your identity before we act on your request. The verification steps may vary depending on the type of request and the type of Personal Data. You can designate an authorized agent to submit requests on your behalf. We may require written proof of the agent’s permission to do so, and we may need to verify your identity directly

If you are a California resident, you have the right to request certain information from us regarding the manner in which we share with third parties certain categories of information that identifies you for the third parties’ direct marketing purposes. Gates Corporation does not share Personal Data with third parties for those third parties’ own direct marketing purposes.

  1. THE TYPES OF PERSONAL DATA WE COLLECT

Gates Corporation will collect Personal Data about you:

(a) directly from you;

(b) from a third party acting on your behalf, for example an intermediary, lawyer or service provider;

(c) from other Gates Corporation entities;

(d) from publicly available sources;

(e) from other organizations; and

(f) when we generate it ourselves.

Such Personal Data may include (by way of non-exhaustive list):

(a) details of your name, age, date of birth, e-mail address, address, telephone number, identification number, online identifier, location, gender, nationality, citizenship, other contact information, right to work status (including passport, driving license, birth or adoption certificate), marital status, emergency contact details, qualifications, skills and work experience, details of previous compensation, benefits and terms of employment, signature, and a username and password (if our site prompts you to create an account);

(b) pension and superannuation details;

(c) information about your health;

(d) details of your suitability to work with us, your past performance at work, regulatory references, your character, details of your fitness to work verification of the information that you provide to us as part of your application, and if legally permitted, any history concerning criminal convictions and/or health checks, from third party references that you provide to us, from your previous and/or current employers, opinions expressed by Gates Corporation and/or others about you and from third party background checking services or a previous employer or other referee;

(e) your social insurance or Medicare or social security number or other tax identification number and details of tax residency;

(f) data provided by you in the context of us carrying out background checks, anti-money laundering, regulatory, tax and know your client checks (such as data included in identification documents, details of criminal records and sanctions); and

(g) information required as a result of legal, tax and regulatory requirements or internal policies.

Please note that if you do not provide certain Personal Data to Gates Corporation when requested (and where relevant, provide your consent), we may not be able to consider you for a position at Gates Corporation.

  1. HOW WE USE YOUR PERSONAL DATA

Your Personal Data may be collected, stored, disclosed and processed by Gates Corporation for the following purposes:

(a) to carry out pre-employment, background and related checks and to conduct due diligence (such as to verify the details that you provide and to ensure that you are suitable for the role for which you have applied), as determined by applicable laws. Please note that it is our standard practice to request employment references once you have agreed, either verbally or in writing, to accept a position with Gates Corporation. This may involve the use of a credit reference agency or other third parties acting as our agents to conduct these verifications and searches. We will also screen against publicly available government and/or law enforcement agency sanctions lists;

(b) if your application is unsuccessful, we may keep your information on record to notify you of relevant job vacancies with Gates Corporation that may be of interest to you, in the future;

(c) for equal opportunity and diversity monitoring purposes;

(d) to respond to your enquiries;

(e) for the management and administration of our business;

(f) to comply with and in order to assess compliance with applicable laws, rules and regulations (including tax reporting purposes pursuant to tax legislation), industry codes, voluntary codes we decide to adopt, or good practice, anywhere in the world and internal policies and procedures;

(g) to detect, investigate and prevent fraud and other crimes or malpractice;

(h) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings);

(i) to obtain legal advice or to establish, exercise or defend legal rights;

(j) the administration and maintenance of databases storing Personal Data;

(k) to comply with our contractual obligations; and

(l) for purposes otherwise set out in this Notice or as notified to you at the specific time of collection.

If you are a resident of California, you understand that by submitting your resume, CV and/or application form, you expressly provide your consent to Gates Corporation collecting, using, storing, processing and disclosing your Personal Data as set out in this Notice.

To the extent permitted by applicable law, we may record and/or monitor electronic communications (including email and telephone) to ensure compliance with our legal and regulatory obligations and internal policies and for the purposes outlined in this Notice.

  1. SENSITIVE PERSONAL DATA

Certain forms of Personal Data are subject to specific protection or restriction by law in the state of California. Sensitive Personal Data can include:

(a) personal information that reveals racial or ethnic origin; religious or philosophical beliefs; or union membership;

(b) personal information that reveals genetic data;

(c) personal information that reveals biometric information processed for the purpose of uniquely identifying an individual;

(d) personal information collected and analyzed concerning an individual’s health

(e) personal information collected and analyzed concerning an individual’s sex life or sexual orientation;

(f) account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account;

(g) social security, driver’s license, state identification card, or passport number;

(h) personal information that reveals precise geolocation; and

(i) the contents of an individual’s mail, email or text messages, unless Gates Corporation is the intended recipient of the communication.

We will not process your Sensitive Personal Data unless such processing is compliant with applicable Data Protection Legislation.

To the extent that we need to obtain your explicit consent to process your Sensitive Personal Data, to the fullest extent permitted by law, when you provide your Sensitive Personal Data to us you are deemed to have consented to us processing your Sensitive Personal Data, which includes disclosing your Sensitive Personal Data to third parties as set out in Section 7 below.

  1. DISCLOSURE OF YOUR PERSONAL DATA TO THIRD PARTIES

Gates Corporation may share or provide access to your Personal Data among its affiliates and business units and third party agents, service providers and contractors outside of Gates Corporation:

(a) for the purpose of the management and administration of Gates Corporation’s business;

(b) in order to assess your application and verify the information you have provided;

(c) for the purpose of the administration and maintenance of the databases storing Personal Data;

(d) for the purposes of Gates Corporation receiving or enhancing services (for example, Gates Corporation’s accountants, administrators, auditors, service providers, custodians, depositories, third party managers, paying agents, professional advisors, IT and communications providers or any entity we reasonably consider necessary for the purposes outlined above). These third parties are expected to be subject to confidentiality requirements (either by contract, professional obligation, duty or otherwise) that require them to only use your Personal Data as described above;

(e) to the extent required by law (for example, if Gates Corporation is compelled by an obligation or a duty to disclose your Personal Data where we believe it is necessary or appropriate to comply with any legal obligation, rule, regulations or internal Gates Corporation policies and procedures, including (without limitation) in order to comply with tax reporting requirements and other statutory reporting and disclosures to regulatory authorities), or to establish, exercise or defend its legal rights. This may include disclosure to regulatory bodies or government agencies;

(f) as part of a transaction, financing, or for other business needs (for example, if Gates Corporation sells any of its businesses or assets, applies for a loan, or opens bank accounts, in which case Gates Corporation may need to disclose your Personal Data to the prospective buyer, lender or bank, as the case may be, as part of certain due diligence processes); or

(g) if Gates Corporation or any of its affiliates, divisions or business units is acquired by a third party, including in the unlikely event of a bankruptcy, in which case the Personal Data held by Gates Corporation about you will be accessible to, and may be acquired by, the third party buyer.

Gates Corporation may share anonymous or aggregated data with third parties such as service providers in order to facilitate our business operations.

Note that Gates Corporation does not sell Personal Data to third parties or target advertising to individuals based on their Personal Data obtained from their online activity on non-affiliated websites or applications (“cross-context behavioral advertising”).

  1. TRANSFERS OF PERSONAL DATA

Gates Corporation operates globally. This means Personal Data may be processed and disclosed as described above, in any country in which we conduct business or have a service provider. Accordingly, when you provide your Personal Data to Gates Corporation, you acknowledge and agree that we may disclose your Personal Data to recipients (including, but not limited to service providers, Gates Corporation affiliates or agents, and Gates Corporation IT servers) located in jurisdictions other than your own, including but not limited to the following countries: Canada, and USA.

In other circumstances, Data Protection Legislation may permit Gates Corporation to otherwise transfer your Personal Data outside of California provided it is in compliance with such Data Protection Legislation.

  1. HOW WE SAFEGUARD YOUR PERSONAL DATA

Gates Corporation has implemented commercially reasonable controls and appropriate technical and organizational measures to protect Personal Data, as well as to maintain the security of our information and information systems in respect of Personal Data. Files containing Personal Data are protected with safeguards according to the sensitivity of the information contained therein. Appropriate controls (such as restricted access) are placed on our computer systems and used where appropriate. Reasonable measures are taken to ensure physical access to Personal Data is limited to authorized employees.

As a condition of employment, Gates Corporation employees are required to follow applicable laws and regulations, including in relation to Data Protection Legislation. Unauthorized use or disclosure of confidential information by a Gates Corporation employee is prohibited and may result in disciplinary measures.

When you contact a Gates Corporation employee about your file, you may be asked to provide evidence of your identity (e.g., driver’s license or passport) and/or to confirm some details relating to the Personal Data Gates Corporation holds about you. These types of safeguards are designed to ensure that only you, or someone authorized by you, has access to your file.

  1. RETENTION AND DESTRUCTION OF PERSONAL DATA

The period for which Gates Corporation will hold your Personal Data will vary and will be determined by the following criteria:

(a) The purpose for which Gates Corporation is using it. Gates Corporation is required to retain the Personal Data for as long as is necessary to satisfy or meet the purposes for which it was obtained including applicable legal or regulatory requirements; and

(b) Legal Obligations. Laws or regulations may set a minimum period for which Gates Corporation must retain your Personal Data.

If required by the Data Protection Legislation of your jurisdiction, Gates Corporation will take reasonable steps in the circumstances to destroy your Personal Data when we no longer have a legal basis to retain it or to ensure that the information is anonymized.

  1. QUESTIONS AND CONCERNS

If you have any questions or concerns about Gates Corporation’s handling of your Personal Data, or about this Notice, please contact our Legal & Regulatory team using the contact information set out below.

We are typically able to resolve privacy questions or concerns promptly and effectively. If you are not satisfied with the response you receive from our Legal & Regulatory team, depending on your jurisdiction, you may have the option to escalate concerns to the applicable privacy regulator in your jurisdiction, the details of which can be obtained from the Legal & Regulatory team.

  1. BROOKFIELD RENEWABLE PRIVACY OFFICE CONTACT INFORMATION

Department: Legal & Regulatory

Email: Privacy@gatescorporation.ca

Call: +1 844-749-2387