Mercury Employee and Candidate Privacy Policy

This Privacy Policy describes the privacy practices of Mercury Technologies, Inc. and its affiliates (“Mercury”, "we", “us” or "our") with respect to our employees as well as candidates who apply for employment or other relationship with us (“candidates”). As used in this Privacy Policy, the term “employee” refers to all employees, directors, officers and board members of Mercury. For the purposes of this Privacy Policy only, “employee” also refers to other consultants and individual contractors engaged by Mercury, even though they are not otherwise employees.

We may provide additional or supplemental privacy policies for specific functions that we offer at the time we collect personal information or as otherwise notified to you. If you are looking for information about how we collect personal information from visitors of our website or users of our products and services, please review the Mercury Privacy Policy.

Notice at Collection: Summary of Key Privacy Practices

Mercury has prepared this summary of key privacy practices for your convenience. To fully understand our practices, review our full Privacy Policy below.

What information we collect.

• The personal information we process about you may vary according to whether you are a candidate or employee, the type of processing we conduct, the jurisdiction you are located in, and local legal requirements. For full details, see the Privacy Policy below.
• We do not sell or share your personal information as the terms “sell” and “share” are defined in the California Consumer Privacy Act (CCPA).

Why we collect personal information.

• Where the processing is necessary to administer our relationship with you, including where based on our contract with you or to take steps at your request prior to entering into a contract, such as making decisions about whether to enter into an employment or other relationship with you;
• Where the processing is necessary for our legitimate interests and where our interests are not outweighed by your data protection rights, such as our accounting and business planning purposes;
• Where necessary to comply with a legal obligation; or
• With your consent.

Retention of personal information.

• If you apply for an employment or other contractual relationship with us, we retain your personal information to determine your eligibility for a current or future role or other contractual relationship with us. If your application is unsuccessful, to the extent allowed by applicable law, we will retain your personal information for a reasonable period of time (generally seven years) following the notice of your last unsuccessful application with us to respond to any inquiries, deal with legal, tax, accounting, or administrative matters. If you become an employee, your relevant personal information will become a part of your file and may be used later for the management of our relationship with you. For employees, we will keep your personal information for as long as we need it to carry out the purposes described in this Privacy Policy, or as otherwise required by applicable law. Generally, this means we will keep your data until the end of your employment or contract with us, plus the period of time required by applicable law or a reasonable period of time to respond to any inquiries, deal with legal, tax, accounting, or administrative matters, or to provide you with ongoing benefits.

Our collection of personal information

This section contains details on the personal information we collect and the sources from which we collect that personal information. The categories of information we collect about employees and candidates includes:

• Identifiers - such as your first and last name, IP address, email address, phone number, social security number, and postal address.
• Professional or employment-related information – such as professional history, application materials, CV/résumé, reference letters and interview notes, criminal records data (for vetting purposes, where permissible and in accordance with applicable law), job title/position, employee ID number, office location, hire dates, employment contracts, performance and disciplinary records, grievance procedures, sickness/vacation records.
• Financial information - such as banking details, tax information, payroll information, withholdings, salary, benefits, expenses, company allowances, stock and equity grants.
• Audio and visual information such as your photo if you provide one. We may also take audio recordings of calls with you where permitted by law, or visual recordings or photos if you visit our premises or events or if you agree that we may take your photograph or videotape you.
• Internet or other similar network activity data - such as information required to provide and secure access to our IT systems and networks such as IP addresses, log files, login information, and software/hardware inventories. We may also collect data about devices that connect to our networks, such as your device’s type and related information (e.g., make, model), unique identifiers, usage data, applications on the device, and device settings. For further information about how we process such information, see the “Monitoring” section below.
• Protected classification characteristics under state or federal law such as age, 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, through voluntary self-disclosure and other means to implement our diversity programs and to comply with applicable laws.
• Sensitive personal information - certain information we collect may be deemed “sensitive personal information” under applicable laws. We only use this information as necessary for the purposes for which it was collected as set out in this Privacy Policy, as notified to you at the time we collect it, or otherwise with your consent. Such information might include:
  • Government identifiers - such as your social security number, driver’s license, state identification card, or passport.
  • Health information - such as information about short- or long-term disabilities or illnesses that you might share with us, particularly in relation to any leave of absence you may need to take.
  • Other We may also collect certain demographic data that qualifies as sensitive personal information, such as race, ethnicity, sexual orientation, and disability to help us understand the diversity of our workforce. When we collect this information, we usually do so on a voluntary consensual basis, and employees and candidates are not required to provide this information unless it is necessary for us to comply with our legal obligations.
• Other data - that does not fit into the categories listed above. This category also includes information identified as Personal Information in California Civil Code Section 1798.80(e) that is not otherwise categorized, such as:
  • Educational information such as academic/professional qualifications or education history
  • Communications that we exchange with you, including when you contact us with questions or feedback. When you contact us, we may also keep a record of your communication to better support you in the future.
  • Your signature - for example, if you sign a contract with us.
  • Marketing data - such as your preferences for receiving our marketing communications and details about your engagement with them.

You may have the opportunity to share personal information relating to others with us, such as information about your spouse, domestic partner, or dependents in connection with benefits administration. Please do not share their personal information with us unless you have their permission to do so.

You may provide other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

We generally collect this information directly from you, but we may also collect some information about you from other people (e.g., recruiters, referrals), your referees or organizations (e.g., from LinkedIn), and where applicable, we may also collect data from third-party background screening providers (during the pre-employment screening process).

Why and how we use your personal information

We may use your personal information for the following purposes or as otherwise described at the time of collection.

• Where the processing is necessary to administer our relationship with you, including where based on our contract with you or to take steps at your request prior to entering into a contract. For example, we may use your personal information to:
  • make informed decisions on recruitment and assess your suitability for the role;
  • communicate with you about your application, to respond to your inquiries and to run interviews;
  • reimburse you for any agreed expenses incurred in the application process where applicable;
  • administer payroll and benefits, and process employee work-related claims (e.g., worker compensation, insurance claims, etc.) and leave of absence requests;
  • establish and enforce training and/or development requirements;
  • review work performance and determine performance requirements; and/or
  • administer disciplinary actions or termination.
• Where the processing is necessary for our legitimate interests and where our interests are not outweighed by your data protection rights. For example, we may use your personal information to:
  • secure and administer our IT systems;
  • compiling internal directories, such as employee directories;
  • send you recruiting communications as permitted by law;
  • undertake mergers, acquisitions, reorganizations, disposals, or other business transactions as permitted/required in accordance with local law;
  • protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); and
  • for other legitimate purposes reasonably required for day-to-day operations, such as accounting, financial reporting and business planning.
• Where necessary to comply with a legal obligation. For example, we may use your personal information to:
  • comply with applicable laws, lawful requests, and legal processes, such as to respond to subpoenas or requests from government authorities;
  • audit and enforce our internal processes for compliance with legal and contractual requirements and internal policies; and
  • prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft.
• With your consent. In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

Deidentified or aggregated data

Deidentification is a data processing technique that modifies personal information so that it cannot reasonably be associated with a specific individual. Except for this section, none of the other provisions of this Privacy Policy apply to data that has been deidentified or aggregated (i.e., information that we combine so that the resulting data no longer identifies or references an individual). We commit to refrain from attempting to reidentify deidentified information except to determine whether our deidentification processes work as intended or as permitted by applicable laws. We may use this deidentified or aggregated data and share it with third parties for our lawful business purposes, including to analyze and improve our services and operations and/or promote our business.

Verification and background checks

For certain positions, it will be necessary for us to verify the details you have supplied (e.g., in relation to your identity, employment history, academic qualification and professional credentials) and to conduct pre-employment/internship background checks (e.g., in relation to previous criminal convictions or financial standing). The level of checks will depend on the applicable jurisdiction, your role, and will be conducted at as late a stage as is practicable in the recruitment process and often only after you have been selected for the position and only to the extent permitted under applicable laws. If your application is successful, we will provide further information about the checks involved and will obtain any necessary consents or acknowledgements and/or make sure that it is permitted by law or justified by our legitimate business interest prior to completing such checks.

How we share your personal information

We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection.

• Affiliates. Our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.
• Service providers. Third parties that provide services on our behalf or help us operate our business (such as hosting, information technology, recruiting, benefits administration, email delivery, and website analytics).
• Third parties designated by the consumer. We may share your personal information with third parties where you have instructed us or provided your consent to do so.
• Professional advisors. Professional advisors, such as lawyers, auditors, bankers, and insurers, where necessary in the course of the professional services that they render to us.
• Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the legal compliance and other purposes described above.
• Business transferees. Acquirers and other relevant participants in business transactions (or negotiations and diligence 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, Mercury or our affiliates (including, in connection with a bankruptcy or similar proceedings).

Your Privacy Rights

Depending on where you live or work, you may have certain rights regarding your personal information.

California Residents’ Rights. If you are a California resident, subject to certain exceptions set forth under applicable law, you have the following rights under California law with respect to your personal information:

• Right to Access - You may have the right to request what personal information we collect, use, disclose, and/or sell, as applicable, and request the information be provided to you in a portable format.
• Right to Delete - You have the right to request the deletion of your personal information that is collected or maintained by us.
• Right to Correct Inaccurate Personal Information - You have the right to request that we correct inaccurate personal information that we maintain about you.
• Right to Opt-Out of Sale or Sharing of Personal Information - You have the right to request to be opted out from any “sales” or “sharing” of your personal information by us, as the California Consumer Privacy Act (CCPA) defines those terms. We do not “sell” or “share” your personal information as the CCPA defines those terms.
• Right to Non-Discrimination - You have the right not to be discriminated against (e.g., face retaliation from us) for exercising the above rights.
• Right to request information regarding third party direct marketing - California’s Shine the Light law gives California residents the right to ask companies what personal information they share with third parties for those third parties’ direct marketing purposes. We do not disclose your personal information to third parties for the purpose of directly marketing their goods or services to you unless you request such disclosure.

You can submit a request by emailing us at legal@mercury.com. We will verify that the information you submit matches our records before we fulfill the request and in certain cases may need to request personal information to verify your identity. You may use an authorized agent to submit a consumer rights request on your behalf using the methods above, however, we will require the authorized agent to provide signed permission to submit the request on your behalf and may still contact you to confirm your identity and that this request was submitted with your permission.

Our disclosures of personal information. California law requires that we detail the categories of personal information that we disclose for certain business purposes, such as to service providers that provide services on our behalf or help us operate our business, and to such other entities as described above in this Privacy Policy. We disclosed the following categories of personal information to third parties for our business purposes in the past 12 months:

• Identifiers
• Professional or employment-related information
• Financial information
• Audio and visual information
• Internet or other similar network activity data
• Protected classification characteristics under state or federal law
• Sensitive personal information
  • Government identifiers
  • Health information
  • Other
• Other data
  • Educational information
  • Communications
  • Your signature
  • Marketing data

Our use and disclosure of sensitive personal information. We only use or disclose “sensitive personal information” as defined under the CCPA for the limited purposes set forth in Section 7027(m) of the CCPA regulations.

Canadian Residents:

You may withdraw consent to our processing of your personal information at any time by contacting us at legal@mercury.com. If you are a candidate, withdrawal of consent means we will be unable to continue processing your application. If you are an employee, most processing is based on our contractual or legal obligations and will continue; we will tell you if withdrawal affects any consent-based processing.

Mexican Residents:

You have the right to Access, Rectify, Cancel, and Object to the processing of your personal information (collectively, ARCO Rights). To exercise these rights, contact us at legal@mercury.com. Your request must include: your full name and a contact email, and a clear description of the personal information regarding which you seek to exercise your ARCO rights. We may require additional information to prove your identity. We will respond within the required timeframe after receiving your request. If you believe your rights have not been respected or your ARCO request has not been properly addressed, you may file a formal complaint with the Secretaria de Anticorrupcion y Buen Gobierno.

Monitoring

We respect your expectation of privacy and only monitor your individual activity if we have a reasonable, proportionate, and legal reason for doing so. Our usual monitoring use cases are set out below:

• In order to prevent unauthorized access to our offices and to protect employees, authorized visitors, and our property, we monitor individuals’ physical activity and presence in our offices with badge readers, sign-in sheets, and surveillance cameras.
• For training, verification, or quality assurance purposes, we may monitor interactions when you speak to customers or potential customers for certain employee roles.
• For our legitimate business purposes, we may monitor the electronic activity of employees on our IT and communications systems and networks.
• To investigate breaches of Mercury policies and procedures, or other unlawful or improper acts, we may conduct individual level monitoring of employees’ use of physical or IT assets. In situations where individual monitoring is justified and lawful, we will conduct our monitoring in a way that is proportionate, as minimally invasive as possible, and with all necessary internal approvals.

AI Notetakers and Meeting Recordings

Mercury may record meetings or use AI-powered notetaking tools or to record, transcribe, and summarize internal meetings and calls conducted on company platforms. By participating in a company meeting, you acknowledge and consent to the possible use of these tools.

Participants who do not consent may raise an objection at the start of a meeting, and the meeting host will take necessary action to stop the recording or the use of the AI notetaking tool. If the meeting is of the nature that the recording has an overriding business purpose (e.g. MMMM), any participant with an objection can decline to attend.

Transcripts, summaries, and other outputs generated by AI notetaking or recording tools are company records and may be accessed by authorized personnel for legitimate business purposes. These records are subject to Mercury’s data retention and information security policies and should be treated as confidential.

Employees may not use recording or AI notetaking tools that have not been approved by Mercury. Use of unapproved tools may result in confidential company or customer information being stored on third-party servers outside of Mercury’s security controls and is a violation of this policy.

Retention of personal information

If you apply for an employment or other contractual relationship with us, we retain your personal information to determine your eligibility for a current or future role or other contractual relationship with us. If your application is unsuccessful, to the extent allowed by applicable law, we will retain your personal information for a reasonable period of time (generally seven years) following the notice of your last unsuccessful application with us to respond to any inquiries, deal with legal, tax, accounting, or administrative matters. If you become an employee, your relevant personal information will become a part of your file and may be used later for the management of our relationship with you. For employees, we will keep your personal information for as long as we need it to carry out the purposes described in this Privacy Policy, or as otherwise required by applicable law. Generally, this means we will keep your data until the end of your employment or contract with us, plus the period of time required by applicable law or a reasonable period of time to respond to any inquiries, deal with legal, tax, accounting, or administrative matters, or to provide you with ongoing benefits.

Other sites and services

Our websites and online properties may contain links to websites and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.

Security

We employ a number of technical, organizational, and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

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. Where required by applicable law, we implement appropriate safeguards for such transfers. By submitting an application or commencing employment with Mercury, you acknowledge this transfer.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Services. 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 modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting).

How to contact us

Email: peopleteam@mercury.com or legal@mercury.com

Mail: 333 Bush Street, Suite 1900, San Francisco, CA 94104