Effective as of April 2, 2021.
- 1. Introduction
This notice describes how 5AM Venture Management, LLC and our affiliated funds (“5AM”, “we”, “us” and “our”) collect, use, and share personal information in our capacity as a “business” under the California Consumer Privacy Act (“CCPA”) about California residents:
- with whom we communicate about potential job opportunities with our portfolio companies (“portfolio candidates”);
- who apply or are being recruited for a job with us (“5AM candidates”); and
- with whom we interact in the course of our business activities including in our offices, at our events, or at other offline settings where we post this Privacy Notice (“contacts”).
This Privacy Notice:
- does not apply to you if you are not a California resident;
- applies only to “personal information” as defined in the CCPA, but does not apply to information exempted from the scope of the CCPA, including personal information collected, processed, or disclosed pursuant to the Gramm-Leach-Bliley Act;
- does not apply to information we collect from individuals acting in their capacities as representatives of organizations solely in the context of conducting due diligence regarding, or providing or receiving a product or service to or from, such organizations; and
- does not create or form part of any contract for employment or otherwise.
- 2. Personal information we collect
- 2.1. Categories of personal information
The categories of personal information we may collect from portfolio candidates include:
- Identifiers, such as your name, professional title, home or work address, telephone number, email address, and social media handle;
- Professional or employment information, such as:
- Job candidacy information, such as your job application, resume, cover letter, writing samples, language proficiencies, references, professional or employment history, education history and transcripts, whether you are subject to prior employer obligations, information that referrers or recruiters provide about you, and information you make publicly available through job search, career networking or social media sites;
- Job preferences, such as the desired position and compensation, location preferences and willingness to relocate; and
- Information from the recruitment process, such as any phone conversations, interviews, evaluations and recruiting exercises;
- Demographic information, such as your gender identity or other demographic information that you choose to provide to us (some of which may constitute protected classification characteristics under California law);
- Medical information if you meet with us in-person, such as your body temperature, health symptoms and other screening information in connection with our health and safety plans and protocols, including screening required to access our offices/facilities and other measures designed to prevent the transmission of COVID-19 or other infectious diseases; and
- California customer records. The categories of personal information identified above may constitute California Customer records as defined in California Civil Code section 1798.80.
The categories of personal information we may collect from 5AM candidates include:
- Contact information, such as home address, telephone number, and email address;
- Information from job application materials or recruiters, such as your job application, resume, cover letter, writing samples, references, work history, education transcripts, whether you are subject to prior employer obligations, and information that referrers provide about you;
- Professional qualifications, such as licenses, permits, memberships, and certifications;
- Information from the application process, such as any phone-screens, interviews, evaluations and outcomes of recruiting exercises;
- Immigration status and other information that would allow us to verify your employment eligibility;
- Biographical information, such as name, gender, date of birth, professional history, references, language proficiencies, education details, and information you make publicly available through job search or career networking sites;
- Job preferences, such as the desired position and compensation, location preferences and willingness to relocate;
- Employment history;
- Background check information, such as information necessary to complete background, credit, drug/alcohol and/or other checks when permitted by law, and information received during these checks;
- Information needed to understand and assess accommodation requests regarding potential disabilities or other health conditions; and
- Medical information, if you meet with us in-person, such as your body temperature, health symptoms and other screening information in connection with our health and safety plans and protocols, including screening required to access our offices/facilities and other measures designed to prevent the transmission of COVID-19 or other infectious diseases.
5AM candidates provide personal information to us voluntarily. However, if you do not provide sufficient information, we may be unable to consider your application or, if you are hired, your subsequent promotion, transfer or relocation. In certain cases we may ask you for additional information for purposes of complying with applicable laws. We may also inquire about criminal records. We will do so only where permitted by applicable law.
The categories of personal information we may collect from contacts include:
- Identifiers, such as your name, professional title, home or work address, telephone number, and email address;
- Medical information, if you meet with us in-person, such as your body temperature, health symptoms and other screening information in connection with our health and safety plans and protocols, including screening required to access our offices/facilities and other measures designed to prevent the transmission of COVID-19 or other infectious diseases;
- Sensory information, such as security camera footage taken from our offices; and
- California customer records. The categories of personal information identified in this section may constitute California Customer records as defined in California Civil Code section 1798.80.
Besides the categories of personal information identified above, we collect any other categories that you choose to share with us.
- 2.2. Sources of personal information
We collect personal information from you as well as other sources, which we may combine with the personal information you provide us.
If you are a portfolio candidate, the categories of personal information that we collect about you may be obtained from you and/or:
- Our portfolio companies;
- Individuals in our professional network;
- Prior employers that provide us with references;
- Professional references that you authorize us to contact;
- Employment agencies and recruiters;
- Your educational institutions; and
- Your public social media profile or other publicly available sources.
If you are a 5AM candidate, we collect personal information from you when you apply for a job and throughout the job application or recruitment process. We may also collect your personal information from other sources, such as:
- Job board websites you may use to apply for a job with us;
- Prior employers that provide us with employment references;
- Professional references that you authorize us to contact;
- Pre-employment screening services, such as background check providers (where permitted by law);
- Employment agencies and recruiters;
- Your educational institutions;
- Your public social media profile or other publicly-available sources; and
- Other 5AM personnel.
If you are a contact, we may collect your personal information directly from you or your organization, and if you visit our offices, and from the office security activities described above.
- 3. How we use personal information
If you are a portfolio candidate, we may use the categories of personal information that we collect for the following business purposes:
- Recruiting. Recruiting portfolio candidates for potential opportunities with our portfolio companies, including recruiting, interviewing and evaluating portfolio candidates, and communicating with portfolio candidates about those opportunities.
- Recruiting analytics. Analyzing and improving our recruitment processes, which may include the creation of anonymous, aggregated or de-identified data that we use and share for these purposes and for other lawful business purposes consistent with this Privacy Notice.
- Compliance and protection, such as:
- complying with applicable laws;
- complying with internal policies and procedures;
- complying with lawful requests and legal process, such as responding to subpoenas or requests from government authorities;
- protecting our, your or others’ rights, safety and property, including by complying with applicable public health guidelines and requirements, including, without limitation, guidance from the Centers for Disease Control or other public health authorities relating to the prevention and control of COVID-19 or other infectious diseases;
- investigating and deterring against fraudulent, harmful, unauthorized, unethical or illegal activity;
- controlling access to and monitoring our physical premises (e.g., by requiring health screenings to access offices/facilities; and
- sharing information with government authorities, law enforcement, courts or private parties where we have a good-faith belief it is necessary for the foregoing purposes.
If you are a 5AM candidate, we may use the categories of personal information that we collect about you for the following business purposes:
- Recruiting. Managing recruitment generally, such as:
- recruiting, interviewing and evaluating job candidates;
- conducting background checks and other pre-employment screening (where permitted by law);
- accommodating disabilities or health conditions;
- communicating with you regarding your candidacy, opportunities with 5AM, and any changes to applicable terms or policies; and
- other business operations.
- Recruiting analytics, as described above.
- Compliance and protection, as described above.
If you are a contact, we may use the categories of personal information that we collect about you:
- to operate our business, which includes researching prospective and current portfolio companies and financing them;
- to register and host you at our events or when you visit our offices;
- to correspond with you; and
- for the compliance and protection purposes described above.
We may also use personal information for other purposes consistent with this Privacy Notice or that are explained to you at the time of collection of your personal information.
- 4. How we share personal information
We may disclose for business purposes all of the categories of personal information described above with the following categories of third parties:
- Affiliates. Our corporate affiliates, for purposes consistent with this Privacy Notice or to operate shared infrastructure, systems and technology.
- Service providers. Companies that provide us with services that help us manage the recruiting process and operate our business, such as job boards, interviewing and testing, pre-employment screening, IT and software services providers, recruiters, travel booking and expense reimbursement (where applicable), event management services and office security services.
- Authorities and others. Government authorities, law enforcement, courts, private parties, and others, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.
- Professional advisors. Our lawyers and other outside professional advisors in the course of the services they provide to us.
- Business transferees. Acquirers and other relevant participants in business transactions (or negotiations for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, 5AM or our affiliates (including, in connection with a bankruptcy or similar proceedings).
If you are a portfolio candidate, we may share your personal information with portfolio companies that may have in interest in your potential candidacy. We may also share personal information with other categories of third parties with your consent or as described to you at the time of collection of your personal information.
- 5. Your California privacy rights
Portfolio candidates and contacts have the rights listed below. These rights are not absolute, and in certain cases we may decline your request as permitted by law.
- Information. You can request the following information about how we have collected and used your personal information during the past 12 months:
- The categories of personal information that we have collected.
- The categories of sources from which we collected personal information.
- The business or commercial purpose for collecting and/or selling personal information.
- The categories of third parties with whom we share the personal information.
- The categories of personal information that we sold or disclosed for a business purpose.
- The categories of third parties to whom the personal information was sold or disclosed for a business purpose.
- Access. You can request a copy of the personal information that we have collected about you during the past 12 months.
- Deletion. You can ask us to delete the personal information that we have collected from you.
- Nondiscrimination. You are entitled to exercise the rights described above free from discrimination prohibited by the CCPA.
Based on our understanding of the term “sell” under the CCPA, we do not “sell” your Personal Information and have not sold it to third parties for a business or commercial purpose in the 12 months preceding the effective date of this Privacy Notice.
Right to information, access and deletion. You may submit requests to exercise your right to information, access or deletion via email to [email protected].
We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.
We will need to verify your identity to process your information, access and deletion requests and reserve the right to confirm your California residency. To verify your identity, we may require you to provide government identification, give a declaration as to your identity under penalty of perjury and/or provide additional information. Your authorized agent may make a request on your behalf upon our verification of the agent’s identity and our receipt of a copy of valid power of attorney given to your authorized agent pursuant to California Probate Code Sections 4000-4465. If you have not provided your agent with such a power of attorney, you must provide your agent signed permission to exercise your CCPA rights on your behalf, provide the information we request to verify your identity, and provide us with written confirmation that you have given the authorized agent permission to submit the request. Authorized agents are required by California law to implement and maintain reasonable security procedures and practices to protect their clients’ information.
- 6. Miscellaneous
- 6.1. Third parties
This Privacy Notice does not address, and we are not responsible for, the practices of any third parties, which have their own rules for how they collect and use your personal information.
- 6.2. Security
We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, no security measures are foolproof and we cannot guarantee the security of your personal information.
- 6.3. International data transfer
We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.
- 6.4. Children
We do not knowingly collect personal information of children under the age of 16. If we learn that we have collected personal information from a child under 16 without the consent of the child’s parent or guardian as required by law, we will delete it.
- 6.5. Changes to this Privacy Notice
We reserve the right to modify this Privacy Notice at any time. The “Effective Date” heading at the top of this Privacy Notice indicates when it was last revised. If required by law we will also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email. Any changes will become effective when we post the revised Privacy Notice on our website.
- 7. Obligations of portfolio candidates and 5AM candidates
Among other obligations, including without limitation the obligation to provide complete and accurate information in recruiting documents and processes, it is your responsibility to ensure that information you submit does not violate any third party’s rights.
You should keep your personal information on file with us up to date and inform us of any significant changes to it.
- 8. Contact us
If you have questions about this Privacy Notice, please contact us at [email protected].