Privacy Notice at Collection (CCPA/CPRA)

Last Updated Date: Apr 5, 2023

1. Introduction

DLP Real Estate Capital Inc. and its operating groups, subsidiaries and affiliates, (collectively “DLP Capital” or “Company”) are committed to protecting the privacy and security of personal information of all individuals including job applicants (“Applicants”) and DLP employees, or Team Members (“Team Members”), and Contractors (“Contractors”). All references to we, us and our in this Notice refer to DLP Capital and all references to you in this Notice refer to Applicants, Team Members and Contractors. DLP Capital provides this CCPA Notice for Applicants, Team Members and Contractors (the “Notice”) pursuant to the California Consumer Privacy Act of 2018 (the “CCPA”), as amended by the California Privacy Rights Act of 2020 (CPRA), to Applicants and Team Members who are residents of the State of California.

For purposes of this Notice, personal information (“Personal Information”) and sensitive personal information (“Sensitive Personal Information”) is defined per the CCPA but excludes information exempted from the CCPA’s scope. This Notice describes the categories of Personal Information the Company collects about California residents in connection within the employment context, the activities and purpose for which we use information collected, how long we keep it, and whether it is shared with third parties. DLP Capital does not sell or otherwise disclose this personal Information for monetary consideration or a business purpose to any third parties. This Notice does not create or infer any contract of employment or otherwise.

1. Collection of Personal Information

DLP Capital is committed to complying with the CCPA and all data privacy and laws in the jurisdictions in which it recruits, hires and employs team members. Through our selection process, we collect Personal Information primarily through application materials and recruiters, and may also collect your Personal Information from other sources and combine it with the Personal Information you directly provide us on a voluntary basis. This outside information may be collected from: job board websites, prior employers, professional and personal references, pre-employment screening services, employment agencies and recruiters, educational institutions, credentialing and licensing organizations, publicly available sources such as your social media profiles (e.g., LinkedIn, Twitter and Facebook), online activity information, other sources directed by you, and/or other DLP Capital personnel.

DLP Capital collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual. The CCPA excludes the following from Personal Information:

1. Publicly available information that is lawfully made available from government records;

2. De-identified or aggregated information; or

3. Information excluded from the CCPA’s scope such as information covered under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; information collected or maintained pursuant to 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.

1. Collection of Applicant Personal Information

DLP Capital may collect the following categories of Personal Information during the application, recruitment, onboarding process, and over the course of employment for the purposes described below:

1. Business Purpose for Using or Disclosing the Personal Information We Collect

DLP Capital may use or disclose Personal Information regarding Applicants, Team Members, and Contractors for one more more of the following business purposes:

• Processing and Managing Your Application: Processing of applications, establishing an Applicant profile, assessing qualifications, scheduling and conducting interviews, communicating with Applicants throughout the process and responding to Applicant inquiries and requests, scheduling travel, coordinating interview reimbursement for travel related expenses, and carrying out any pre-employment and background screening processes. With consent, we may record video of Applicants in connection with the application and interview process. Additionally, Personal Information may be used to support accommodation requests for disabilities and health conditions as related to the application process.

• Onboarding: As permitted by law, the DLP Capital will utilize Personal Information to conduct background investigations and reference checks. We may also collect audio and visual information through photographs used for identification purposes. If applicable (and as permitted by law), we may collect Personal Information to support immigration filing needs (e.g. applying for work visas and permits).

• Managing Human Resources Functions: Personal Information will be used for carrying out reasonable internal purposes based on your employment with DLP Capital, such as communication, workforce planning, tasking and assignments, assessing performance, training and career development programs, benefits administration (including enrollment and claims handling), administering leave requests and requests for accommodations, managing disciplinary matters, managing payroll and business expenses, arranging business travel and relocation, communicating with designated emergency contacts and/or plan beneficiaries and dependents, promoting team member health and safety, and providing apparel or safety equipment.

• Providing Immigration Support: If applicable and as permitted by applicable law, we may use Personal Information to assist with immigration support, such as applying for visas and work permits.

• Record Keeping: DLP Capital maintains records containing Personal Information in accordance with our record retention policies and as required by law.

• Monitoring: Compliance with internal policies and procedures, use of Company resources, any other monitoring activities permitted by applicable laws.

• Review of our Recruitment and Employment Process and Tools: Periodic analysis of trends in our applicant and employment pools which is used to improve and enhance our recruitment and employment practices, policies, procedures, and tools.

• Meeting Legal Requirements and Enforcing Legal Terms: Personal Information may be used to:

  • Fulfill our legal obligations under applicable law, regulation, court order, or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.

  • Comply with applicable local, state, and federal labor, employment, tax, benefits, workers compensation, disability, equal opportunity opportunity, workplace safety, and related laws.

  • Protect the rights, property or safety of Applicants, Team Members, or another party.

  • Respond to claims, investigate reports of wrongdoing, policy violations, internal or external complaints, and resolve disputes.

  • Manage conflicts of interest.

  • Enforce our policies, terms and conditions, or other agreements.

  • Respond to law enforcement requests, court orders, or government requests as required by applicable law. Such instances may require us to collect, monitor, maintain or transfer certain records regarding applicants or applications for employment or contract work and employment records, and also will remain in accordance with our record retention policies.

  • Analyze and monitor the diversity of our job applicants in accordance with applicable laws.

• Other Uses:

  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred.

  • Operation and management of all DLP Capital related web pages and content delivery services.

  • Preventing unauthorized access to or use of Company property, including DLP Capital information systems, electronic devices, network and data.

  • Any other reason for which you might reasonably expect us to collect information.

  • Personal Information may be required to engage in any contracting relationship with DLP Capital.

1. Disclosure of Personal Information

DLP Capital may share Personal Information as necessary for purposes described in this Privacy Notice, including internally with our personnel involved in the hiring process and any relevant employee life cycle activities. We may share Personal Information with the following parties:

• Affiliates: Our subsidiaries, and other affiliates under the control of our corporate parent, for purposes consistent with this Notice or to operate shared infrastructure, systems and technology.

• Professional Advisors: Lawyers, immigration advisors, and other outside professional advisors.

• Company Service Providers: We use service providers to host, operate and manage our human resources systems pertaining to recruitment, hiring, onboarding, employment life cycle, and business processes. This includes hosting, technology and communication providers; security and fraud prevention consultants; analytics providers, background, reference checks and other pre-employment screening services; hiring process management tools; travel and expense reimbursement tools; job boards; recruiters; interviewing and testing; and other human resources information systems.

• Government Authorities and Law Enforcement: We may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

• Business Transfers: Personal Information may be transferred to a third party if we undergo a merger, acquisition, bankruptcy, or other transaction in which a third party assumes control of our business (in whole or in part).

• Other: Personal Information may be shared with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms”.

1. Record Retention

DLP Capital will keep your Personal Information for as long as necessary while you are employed by us. Thereafter, we will keep your Personal Information:

• To respond to any questions, complaints, or claims made by you or on your behalf;

• To show that we treated you fairly; or

• To keep records required by law.

We will not retain your Personal Information for longer than necessary for the purposes set out in this notice. Different retention periods apply for different types of Personal Information.

1. Your Consumer Rights and Choices

Subject to certain limitations, you have the right to (1) request to know more about the categories and specific pieces of Personal Information we collect, use, disclose, and to access your information, (2) request deletion of your Personal Information, (3) request correction of your Personal Information, (4) not be discriminated against for exercising these rights, and (5) limit processing of Sensitive Personal Information.

1. Access Request Rights

You have the right to request that DLP Capital disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. Once we receive and confirm your verifiable request, we will disclose to you (1) the categories of Personal Information we collected about you. (2) the categories of sources for the Personal Information we collected about you, (3) our business purpose for collecting that Personal Information, (4) the categories of third parties with whom we disclose that Personal Information, (5)the specific pieces of Personal Information we collected about you, and (6) a list identifying the Personal Information categories that each category of recipient obtained.

1. Deletion Request Rights

Subject to certain exceptions, you have the right to request that DLP Capital delete any of your Personal Information that we collected from you and retained. Upon receipt of your request, we will delete your Personal Information from our records, unless an exception applies. DLP Capital may deny your deletion request under certain circumstances, and will inform you of the basis for the denial, which may include, but is not limited to, 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.

• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

• Comply with a legal obligation.

1. Right to Correction

You have the right to correct inaccurate Personal Information maintained by the DLP Capital. Once we receive and confirm your request, we will correct (and direct our service providers to correct) your inaccurate Personal Information from our records, unless an exception applies.

1. Right to Limit Processing of Sensitive Personal Information

You have the right to limit our processing of Sensitive Personal Information to that use which is necessary to perform services reasonably expected by an average consumer who requests such services, including processing applications for employment purposes and administering the employment relationship with you. When we collect your Sensitive Personal Information, we collect and use that information in order to perform the services for which that information is necessary and as reasonably expected by you.

1. Exercising Your Rights

To exercise the access, data portability, correction, and deletion rights described above, as well as to request that we limit our processing of your Sensitive Personal Information, please submit a request to us by emailing us at hr@dlpcapital.com. The request must (1) provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative, and (2) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond.

We will only use Personal Information provided in a verifiable request to verify the requestor’s identity or authority to make the request. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. DLP Capital will not be able to respond to requests in instances where we are unable to verify your identity or authority to make the request and confirm relatable Personal Information.

1. Response Timing and Format

DLP Capital will make all attempts to respond to a verifiable request within forty-five (45) days of its receipt. Should we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. All responses will be delivered in writing either by mail or electronically. Any disclosures we provide will only cover the twelve (12)-month period preceding the verifiable request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

1. Other Information About this Notice

• Third Parties: This notice does not address, and DLP Capital is not responsible for, the practices of any third parties, which have their own rules for how they collect and use your Personal Information.

• Changes to this Notice: DLP Capital reserves the right to change this Notice at any time. The “Effective Date” at the top of this Notice indicates the last revision date. Any changes will be made effective when a revised Notice is posted.

1. Contact Us

If you have any questions or concerns regarding this Notice or the collection of your personal information, please contact privacy@dlpcapital.com. Job applicants with disabilities may access this notice in an alternative format by contacting privacy@dlpcapital.com.