Effective Date: January 2, 2020

Last Updated: June 28, 2023

This Privacy Notice for California Resident Colleagues supplements the information contained in the Company’s general Privacy Policy (available on our website) and applies solely to colleagues (employees) or former colleagues who reside in the State of California (“consumers” or “you”). This policy is intended to describe our online and offline information practices as they relate to your personal information and also to describe your rights related to your personal information. We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA), and its implementing regulations and any terms defined in the CCPA/CPRA have the same meaning when used in this notice.

Information we collect

Optimum Outcomes, Inc. (“OOI”) collects information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (personal information). The Company collects and uses personal information for human resources, employment, benefits administration, payroll processing, health and safety, business-related purposes and to be in legal compliance.

In particular, the Company has collected or disclosed the following categories of personal information about its consumers within the last twelve (12) months:

Category	Examples	Collected	Sold or Shared	Disclosed for Business Purpose	To whom we disclosed personal information
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	YES	YES	YES	Services providers that support employment, infrastructure, benefits programs, and human resource management
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES	YES	YES	Outside organizations in connection with providing services, completing transactions, supporting our everyday operations, or business management and development Representatives of California residents Government agencies Outside organizations in connection with human resource activities, benefits programs, and workforce management Outside companies in connection with routine or required reporting
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	YES	YES	YES	Outside organizations in connection with providing services, completing transactions, supporting our everyday operations, or business management and development Representatives of California residents Government agencies Outside organizations in connection with human resource activities, benefits programs, and workforce management Outside companies in connection with routine or required reporting
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	NO	N/A	N/A	N/A
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	YES	YES	YES	Outside organizations in connection with providing services, completing transactions, supporting our everyday operations, or business management and development Outside organizations in connection with human resource activities, benefits programs, and workforce management
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES	NO	NO	N/A
G. Geolocation data.	Physical location or movements.	YES	YES	YES	Outside organizations in connection with providing services, completing transactions, supporting our everyday operations, or business management and development Representatives of California residents Government agencies Outside organizations in connection with human resource activities and workforce management Outside companies in connection with routine or required reporting
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO	N/A	N/A	N/A
I. Professional or employment-related information.	Current or past job history or performance evaluations.	YES	YES	YES	Outside organizations in connection with providing services, completing transactions, supporting our everyday operations, or business management and development Representatives of California residents Government agencies Outside organizations in connection with human resource activities, benefits programs, and workforce management Outside companies in connection with routine or required reporting
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO	N/A	N/A	N/A
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	YES	YES	YES	Outside organizations in connection with providing services, completing transactions, supporting our everyday operations, or business management and development Representatives of California residents Government agencies Outside organizations in connection with human resource activities and workforce management
L. Sensitive Personal Information	A social security, driver’s license, state identification card, or passport number	YES	NO	YES	Outside organizations in connection with providing services, completing transactions, supporting our everyday operations, or business management and development Representatives of California residents Government agencies Outside organizations in connection with human resource activities, benefits programs, and workforce management Outside companies in connection with routine or required reporting
	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	NO	NO	N/A	N/A
	Precise geolocation or any data that is derived from a device and that is used or intended to be used to locate a consumer within a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet, except as prescribed by regulations	YES	YES	YES	Outside organizations for purposes of securing or recovering Company assets
	Racial or ethnic origin, religious or philosophical beliefs, or union membership	YES	YES	YES	Outside organizations to the extent necessary to facilitate work-related accommodations
	The contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication	YES	YES	YES	You have no right of privacy in any electronic messages sent or received on Company systems or equipment. The Company expressly reserves the right to view and disclose any and all such communications with or without further notice
	Genetic data	YES	YES	YES	Outside organizations in connection with human resource activities, benefits administration, and workforce management (in connection with leave and disability accommodations)
	The processing of biometric information for the purpose of uniquely identifying a consumer.	NO	N/A	N/A	N/A
	Personal information collected and analyzed concerning a consumer’s health.	YES	NO	YES	Outside organizations in connection with human resource activities and workforce management (in connection with leave and disability accommodations)
	Personal information collected and analyzed concerning a consumer’s sex life or sexual orientation.	YES	YES	YES	Not shared or disclosed except as necessary for purposes of identifying or implementing reasonable accommodations

Personal information does not include:

Publicly available information from government records.
Deidentified or aggregated consumer information.
Information excluded from the CDPA’s scope, like:
– Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;.
– Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994 (DPPA).

Sources of personal information

OOI obtains the categories of personal information listed above from the following categories of sources:

Directly from you. For example, information you provide on job applications, during onboarding, or in connection with requests for a leave of absence or disability accommodation
Indirectly from you. For example, from observing your actions on our owned or licensed equipment or technology platforms.
From our Service Providers. For example, information obtained through background checks.
From third parties. For example, from background check providers, former employers, your healthcare providers (to verify immunizations, disability accommodation needs, benefits eligibility, etc. each as applicable), and the Company’s clients (regarding your performance if and as applicable).
From courts or government agencies. For example, information received regarding wage garnishments.

Use of personal information

We may use or disclose the personal information we collect for one or more of the following purposes:

To recruit and evaluate job applicants and candidates for employment. For example, if you share your name, job history and other personal information on an employment application, the Company will use that information to process your application for employment. In addition, the Company may also save your information to contact you about future openings or for legal record-keeping purposes.

To enable access to our client’s or clients” patient accounting systems or other platforms, to the extent required by the client(s) and/or the Commission (formerly known as the Joint Commission).
To manage various components of your employment relationship with us, including for:

Onboarding processes (background checks, immigration matters, I-9 verification, screening and reference checks);

Timekeeping, payroll, garnishments;
Business travel and expense report administration;
Colleague benefits and compensation administration (e.g. enrollment in health insurance plans, 401k, commission plans, severance);
Colleague training and development;
The creation, maintenance and security of your online colleague accounts to various company resources or technology solutions, including use of biometric sign-ons;
Reaching your emergency contacts when needed in case of a potential emergency;
Workers’ compensation claims management;
Leave or disability request administration;
Colleague job performance matters, including performance reviews, promotions, discipline, transfers, terminations, etc.
Workforce analytics, data analytics and benchmarking such as in colleague surveys or diversity benchmarks.
Issuance, return and/or recovery of company property such as laptop computers, computer monitors, cell phones, docking stations, etc.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To conduct audits or workplace investigations, including investigation of potential breaches of Company policies, procedures or compliance requirements.
To administer and maintain the Company’s operations, including to help maintain the safety, security, and integrity of our website, facilities, premises, products and services, databases and other technology assets, and business.
For testing, research, analysis, and product development, including to develop and improve our website, products, and services or for customer marketing purposes.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
To defend the interests of the Company or colleagues in threatened or actual legal proceedings, investigations or inquiries.
To recover Company property within your possession or control and/or seek assistance from law enforcement for such recovery.
To comply with all applicable federal, state or local laws and regulations.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by OOI about our colleagues (employees) is among the assets transferred.
As described to you when collecting your personal information or as otherwise set forth in the CCPA/CPRA.

OOI will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

OOI only collects or processes your sensitive personal information for the purposes expressly permitted by the CCPA/CPRA and its implementing regulations. The Company does not collect or process sensitive personal information for the purpose of inferring characteristics about you.

Disclosure of personal information

OOI may disclose your personal information to external parties for a business purpose, including those noted above. When we disclose personal information for a business purpose to a Service Provider or Contractor, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We also may disclose your personal information to other third parties when required by law or to meet a legal or compliance obligation.

We disclose your personal information to the following categories of external parties:

Service providers who are providing a service for, or on behalf of, the Company such as our benefits administrators or benefits providers, HR information systems providers, background screening companies, or other service providers engaged to assist with colleague surveys for example.
Entities with whom we have a contract other than as a Service Provider, such as customers when necessary for you to access the customer’s facilities or systems and platforms to perform your job responsibilities and only with a signed agreement in place.
Our clients, to the the extent required by the client(s) and/or the Commission (formerly known as the Joint Commission) for purposes of obtaining access to the client(s)’ patient accounting systems or other platforms.
Other external parties such as government authorities, law enforcement or state and federal investigative agencies where we may be required to disclose your information to meet a legal or compliance obligation.
Investors and prospective investors.

Sale or Sharing of personal information

OOI does not sell personal information or share personal information for cross-context behavioral advertising.

Retention of Personal Information

In broad terms, we will only retain your information for as long as is necessary for the purposes described in this Notice. This means that the retention periods will vary according to the type of information and the reason that we have collected the information in the first place. For example, some information we collect will be kept for a number of years in order to comply with various finance and tax related legal obligations. We have detailed internal retention policies that set out the various retention periods for different categories of information, depending on our legal obligations and whether there is a commercial need to retain the information. After a retention period has lapsed, the information is securely deleted, unless it is necessary for the establishment, exercise or defense of legal claims. For further information regarding applicable retention periods, you should contact us using the contact methods set out below.

Your rights and choices

The CCPA, as amended by the CPRA, provides consumers (California residents) with specific rights regarding their personal information. This section describes your rights and explains how to exercise those rights.

Your Right to Know and Access Specific Pieces of Personal Information (Data Portability Rights)

You have the right to request that the Company disclose certain information to you about our collection and use of your personal information. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, Deletion, and Correction Rights), we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting, selling, or sharing that personal information.
The categories of third parties with whom we disclose that personal information.
The specific pieces of personal information we collected about you (if requested, also called a data portability request).

If we sold or shared your personal information, or disclosed it for a business purpose, two separate lists disclosing:

the categories of personal information sold or shared about you and the categories of third parties to whom the information was sold or shared (by category of personal information for each category of third party); and
the categories of personal information disclosed about you for a business purpose and the categories of persons to whom it was disclosed.

Your Right to Delete Personal Information

You have the right to request that the Company delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, Deletion, and Correction Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Defend any claims or charges against the Company, or to pursue any claims or charges.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Your Right to Correct Inaccurate Personal Information

You have the right to request that the Company correct inaccurate personal information that we maintain about you. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, Deletion, and Correction Rights), we will use commercially reasonable efforts to correct (and direct our service providers to correct) your inaccurate personal information in our records. However, you are solely responsible for maintaining your own accurate information (such as name and address changes) in the Company’s human resources information system.

Exercising access, data portability, deletion and correction rights

To exercise the access, data portability, deletion and correction rights described above, please submit a verifiable consumer request by calling 1-833-770-3100.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. Your request for access or data portability will apply to personal information collected on or after January 1, 2022 that is still maintained by the Company at the time of the request. You may specify a shorter time period for your request at your option.

The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. If you are initiating a request from your OORCM email account for example, we can verify your identity. If you are making a request from a personal email, we may need to verify your colleague ID, home address or other information to validate against our system information. Authorized representatives may be asked to provide documentation to support their role.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
For instructions on exercising sale opt-out rights, see Personal Information Sale or Sharing Opt-Out and Opt-In Rights.

Response timing and format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

The response we provide will explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Your Right to Opt-Out of Personal Information Sale or Sharing

OOI does not sell or share personal information described in this notice. However, if you are 16 years of age or older, you have the right to direct us to not sell or share your personal information at any time (the “right to opt-out”). We will maintain your preference on file to prevent any future sale or sharing. We do not sell or share the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request by calling 1-833-770-3100.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by submitting a request by calling 1-833-770-3100.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

You do not have the right to opt out of any information sharing relating to any claim to short-term disability benefits, workers compensation benefits, or disability accommodations.

Your Right to Limit the Use and Disclosure of Sensitive Personal Information

You have the right to request that the Company limit its use of your sensitive personal information when used for purposes other than those permitted by the CCPA/CPRA and its implementing regulations. Sensitive personal information that is collected or processed as permitted is not subject to this “Right to Limit” and is treated as personal information (and thus subject to other rights listed above). The Company only collects or processes your sensitive personal information for the purposes expressly permitted by the CCPA/CPRA and its implementing regulations.

You do not have the right to opt out of any disclosures relating to any claim to short-term disability benefits, long-term disability benefits, workers compensation benefits, or disability accommodations.

Your Right to No Retaliation

You have the right to exercise your rights without retaliation. We will not discriminate against you for exercising any of your CCPA/CPRA rights. Unless permitted by the law, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

We will not retaliate against you as a colleague, former colleague, applicant for employment or independent contractor for exercising your rights under CCPA/CPRA. If you feel you have experienced retaliation, you are encouraged to call the Company’s Helpline at 1-844-606-1748, Organization Name: Optimum Outcomes. Callers can report concerns anonymously and confidentially.

Other California privacy rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, submit your request to privacy.officer@oorcm.com.

Changes to our privacy notice

The Company reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on our website and update the notice’s effective date.

Contact information

If you would like information about how colleagues with disabilities may access this privacy notice in an alternative format, or if you have any questions or comments about this notice, the ways in which the Company collects and uses your information described in this notice, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at privacy.officer@oorcm.com.