California Human Resources Notice at Collection and Privacy Policy

Effective and Last Updated: March 2023

FlyExclusive, LLC and each of our subsidiaries and affiliates (“we,” “us,” and “our”) collect and use personal information for human resources, employment, benefits administration, health and safety, legal compliance, and other and business-related purposes. This California Human Resources Notice at Collection and Privacy Policy (the “Policy”) applies only to personal information that we collect about or from individuals who reside in California and are acting as a job applicant, employee, or contractor to us (“California HR Personal Information”). California HR Personal Information does not include, and this Policy does not apply to, information that is not subject to the California Consumer Privacy Act of 2018 as amended from time to time (“CCPA”), such as deidentified information.

This Policy also does not apply to information we collect from visitors to our corporate website, https://www.flyexclusive.com/.  To learn more about our handling of the information we collect through our corporate website, and from California residents who are not acting as our job applicants, employees, or contractors, please visit our Privacy Policy at: https://www.flyexclusive.com/privacy-policy. Finally, this Policy applies only to the extent we direct the purposes and means of California HR Personal Information processing and otherwise qualify as a business under the CCPA. This Policy also may not apply to California HR Personal Information we process for purposes of compliance with federal, state, or local laws or court orders or subpoenas.

1. A.            Notice at Collection

This policy includes information regarding the categories of California HR Personal Information to be collected, the purposes for which the categories of California HR Personal Information are collected or used, whether the California HR Personal Information is sold or shared, and how long the California HR Personal Information is retained. You can find those details by clicking on the above links.  

1. B.            California HR Personal Information We Collect

We may collect, and may have collected in the preceding 12 months, the below categories of California HR Personal Information. Certain data elements appear in multiple categories in accordance with CCPA descriptions of those categories and data elements.

1. Identifiers, such as full name, gender, date of birth, signature, home address, telephone numbers, email addresses, emergency contact information, Social Security number, passport, visa, and other government identification numbers, immigration status numbers, documentation, and information, and similar information related to dependents, family members, and emergency contacts.
2. Unique and online identifiers, such as device identifiers, internet protocol addresses, cookie identifiers, beacon identifiers, pixel tags or mobile ad identifiers or similar technology, or other forms of persistent or probabilistic identifiers that can be used to identify a particular person or device.
3. Demographic data, including characteristics of protected classifications under California or federal law, such as race, ethnic origin, marital status, disability, and veteran or military status.
4. Professional and employment-related information, such as work history, resume, cover letter, job application materials, academic and professional qualifications, educational records, references, and interview notes, job title, position, hire dates, compensation, performance and disciplinary records, and vacation and sick leave records.
5. Education information, such as school records, school(s) attended, dates attended, degree(s) conferred, and academic achievements.
6. Categories of personal information described in California Civil Code § 1798.80, such as such as 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.
7. Internet or other electronic network activity information, such as search history, browsing history, login information, and IP addresses on our information systems and networks.
8. Biometric information, such as fingerprints used to authenticate on laptops and mobile devices we supply.
9. Geolocation data, such as time and physical location related to use of an internet website, application, device, or physical access to an office location.
10. Sensory or surveillance information, such as COVID-19 related temperature checks and call monitoring and video surveillance.
11. Inferences and profiles based on other California HR Personal Information, such as profiles derived from other California HR Personal Information reflecting a person's preferences, such as interests, hobbies, physical characteristics or description, characteristic tendencies, behaviors, attitudes, or aptitudes.
12. California HR Personal Information defined as “sensitive” under the CCPA, such as information revealing Social Security, passport, and other government identification numbers, account log-in and financial account numbers in combination with other information that may provide access to an account (such as log-in credentials for our information systems or direct deposit information), precise geolocation (such as the geolocation of our devices), racial or ethnic origin, philosophical beliefs, or union membership, contents of communications for which we are not the intended recipient (such as if an employee uses our information systems for personal communications), information regarding sexual orientation, biometric information processed to uniquely identify you, and information concerning health, including pilot and crew member weight.

We retain California HR Personal Information for as long as necessary to carry out the processing activities described in this Policy, including but not limited to administering the employment relationship, compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, and protecting our, our employees’, and our business partners’ and clients’ rights, property, or safety, and the rights, property, and safety of others.

1. C.            Sources of California HR Personal Information

We may collect or receive California HR Personal Information:

1. Directly from employees, contractors, and job applicants, including where employees, contractors, and job applicants provide us information relating to dependents, family members, and emergency contacts;
2. Automatically and indirectly from employees, contractors, and job applicants, such as through logging and analytics tools, cookies, pixel tags, and other similar technologies on our websites and information technology systems and equipment; and
3. From third parties, such as job applicant references and our service providers and business partners involved in our employment and recruitment application and evaluation processes.

1. D.            Purposes for Using, Disclosing, and Otherwise Processing California HR Personal Information

We may use, disclose, or otherwise process California HR Personal Information for human resources, employment, benefits administration, health and safety, and other similar business-related and legal compliance purposes including to:

1. Administer the employment relationship.
2. Comply with all applicable laws, regulations, rules, and requests of law enforcement and/or other governmental agencies.
3. Recruit and evaluate job applicants and candidates for employment.
4. Enable applicants and candidates to search and apply for jobs.
5. Conduct background checks.
6. Manage the application, employment, or contract relationship with us, including without limitation for:
7. onboarding processes;
8. timekeeping, payroll, and expense report administration;
9. employee benefits administration;
10. employee training and development requirements;
11. the creation, maintenance, and security of online employee accounts;
12. contacting and communicating with you;
13. reaching your emergency contacts when needed, such as when you are not reachable or are injured or ill;
14. workers’ compensation claims management;
15. fitness for duty examinations;
16. employee job performance, including goals and performance reviews, promotions, discipline, and termination;
17. other human resources purposes; and
18. other business purposes.
19. Respond to communication.
20. Manage, monitor, and secure our facilities, equipment, and systems.
21. Conduct internal audits and workplace investigations.
22. Investigate and enforce compliance with and potential breaches of our policies and procedures.
23. Engage in corporate transactions requiring review of employee records, such as for evaluating potential mergers and acquisitions involving us;
24. Maintain commercial insurance policies and coverages, including for workers’ compensation and other liability insurance.
25. Perform workforce analytics, data analytics, and benchmarking.
26. Administer and maintain our operations, including for safety or security purposes.
27. Manage litigation and/or other legal disputes or inquiries.
28. Optimize and improve our services.
29. Health and safety purposes, such as when we use pilot and crew member weight information to assess whether a flight’s crew, passenger, and cargo weight are within acceptable limits.
30. Provide services to our clients, including but not limited to when the applicant/employee at issue will be involved with a client.
31. For client marketing purposes.
32. Exercise or defend our legal rights and the rights of our employees, affiliates, clients, contractors, and agents.
33. Protect our, our employees’, and our business partners’ and clients’ rights, property, or safety, and the rights, property, and safety of others.

Notwithstanding the foregoing, we do not intend to use, disclose, or otherwise process California HR Personal Information defined as “sensitive” under the CCPA for the purposes of inferring characteristics about you.

1. E.            Disclosures of California HR Personal Information for a Business Purpose

In the preceding 12 months, we may have disclosed the categories of California HR Personal Information listed below to the categories of third parties identified below for a business purpose:

1. Identifiers—to our affiliates, service providers, and other third parties as necessary for the purposes described in the “Purposes for Using, Disclosing, and Otherwise Processing California HR Personal Information” section above.
2. Unique and online identifiers— to our affiliates, service providers, and other third parties as necessary for the purposes described in the “Purposes for Using, Disclosing, and Otherwise Processing California HR Personal Information” section above.
3. Demographic data, including characteristics of protected classifications under California or federal law—to our affiliates, service providers, and other third parties as necessary for the purposes described in the “Purposes for Using, Disclosing, and Otherwise Processing California HR Personal Information” section above.
4. Professional and employment-related information—to our affiliates, service providers, and other third parties as necessary for the purposes described in the “Purposes for Using, Disclosing, and Otherwise Processing California HR Personal Information” section above.
5. Categories of personal information described in California Civil Code § 1798.80—to our affiliates, service providers, and other third parties as necessary for the purposes described in the “Purposes for Using, Disclosing, and Otherwise Processing California HR Personal Information” section above.
6. Internet or other electronic network activity information—to our affiliates, service providers, and other third parties as necessary for the purposes described in the “Purposes for Using, Disclosing, and Otherwise Processing California HR Personal Information” section above.
7. Geolocation data—to our affiliates, service providers, and other third parties as necessary for the purposes described in the “Purposes for Using, Disclosing, and Otherwise Processing California HR Personal Information” section above.
8. Sensory or surveillance information—to our affiliates, service providers, and other third parties as necessary for the purposes described in the “Purposes for Using, Disclosing, and Otherwise Processing California HR Personal Information” section above.
9. Inferences and Profiles based on other California HR Personal Information—to our affiliates, service providers, and other third parties as necessary for the purposes described in the “Purposes for Using, Disclosing, and Otherwise Processing California HR Personal Information” section above.
10. California HR Personal Information the CCPA defines as “sensitive”—to our affiliates, service providers, and other third parties as necessary for the purposes described in the “Purposes for Using, Disclosing, and Otherwise Processing California HR Personal Information” section above.

1. F.            Sales of California HR Personal Information and Sharing of California HR Personal Information for Cross-context Behavioral Advertising

In the preceding 12 months, we have not sold California HR Personal Information or shared California HR Personal Information for cross-context behavioral advertising. We do not sell California HR Personal Information or share California HR Personal Information for cross-context behavioral advertising, and we do not have actual knowledge that we sell California HR Personal Information of consumers under 16 years of age or share California HR Personal Information of consumers under 16 years of age for cross-context behavioral advertising.

1. G.           California HR Personal Information Rights and Choices

The CCPA provides consumers with specific rights regarding their California HR Personal Information. This section describes those rights and explains how to exercise them.

1. Right to Access to Specific California HR Personal Information. You have the right to request that we disclose certain information to you about our collection, use, and disclosure of your California HR Personal Information during the applicable time period for your request. If we receive and confirm a verifiable consumer request from you pursuant to the “Exercising Rights” section below, we will disclose to you, depending on the scope of the request:
2. The categories of California HR Personal Information we collected about you.
3. The categories of sources for the California HR Personal Information we collected about you.
4. Our business or commercial purpose for collecting California HR Personal Information about you.
5. The categories of third parties to whom we disclose your California HR Personal Information.
6. The specific pieces of California HR Personal Information we collected about you.
7. If we disclosed your California HR Personal Information, a list of the categories of third parties to whom we disclosed California HR Personal Information identifying the categories of California HR Personal Information disclosed to those parties during the applicable period of time for your request.
8. Right to Data Portability. You may request to receive a copy of your California HR Personal Information in a portable and, if technically feasible, readily-usable format that allows you to transmit the California HR Personal Information to another person or entity.
9. Right to Deletion. You may request that we delete your California HR Personal Information, subject to certain exceptions.
10. Right to Correct Inaccuracies. You may request that we correct California HR Personal Information about you that is inaccurate. We will take into account the nature of the California HR Personal Information and the purposes of our processing when we address your request.
11. Exercising Rights. To exercise the rights described above, please submit a verifiable consumer request by:
12. Visiting https://www.flyexclusive.com/privacy-rights-request and completing the Rights Request Form; or
13. Calling us toll-free at 1-833-234-1100.
14. Only you, or an agent that you authorize to act on your behalf, may make a verifiable consumer request related to your California HR Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
    
    Your request must provide information sufficient to verify you are the person about whom we collected California HR Personal Information. In order to verify your request, we may ask you to provide information such as your first and last name, address, email address, phone number, and any other information necessary to verify your identity. Your request must also include sufficient detail for us to properly understand, evaluate, and respond to it.
    
    You may designate an authorized agent to submit requests on your behalf in certain circumstances. We may require additional information when requests are submitted through an authorized agent, such as by requiring the submission of signed written permission for the agent to act on your behalf, and requiring you to verify your identity directly or directly confirm the authorized agent’s permission to act on your behalf.
    
    We cannot respond to a request or provide you with California HR Personal Information if we cannot verify your identity or authority to make the request and confirm the California HR Personal Information relates to you. If we cannot fulfill, or are permitted to decline, your request then we will alert you or your authorized agent.
    
    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. We reserve the right to either refuse to act on your request or charge you a reasonable fee to complete your request if it is excessive, repetitive, or manifestly unfounded.
15. Right to Non-discrimination. Subject to certain exceptions, you have the right to not receive discriminatory or retaliatory treatment for exercising the rights described above.

1. H.          Changes to this Policy

We may update this Policy to reflect changes in our privacy practices at any time and without prior notice to you. When we do so, we will update the effective and last updated date above. We encourage you to periodically review this Policy for the latest information on our privacy practices.