XPERI EMPLOYEE AND APPLICANT PRIVACY NOTICE
Effective Date: May 20, 2020
Last Updated: September 30, 2022
This Privacy Notice does not create or form part of any contract for employment, whether temporary or permanent, or other contract to provide or receive services. When we use the terms ‘employment’ or ‘employee’ throughout this Privacy Notice, we do so for simplicity and in no way is such use intended to imply the existence, where there is none, of an employment relationship between you and Xperi.
It is important that you read and retain this Privacy Notice, as well as any other communications, policies, or postings from Xperi regarding your privacy that we may provide when we are collecting or processing your Personal Information.
YOUR RIGHTS AND PREFERENCES
Privacy and data laws in different countries and regions around the world give individuals certain rights in relation to their Personal Information. We conduct our Employment privacy practices according to this global Privacy Notice, our corporate privacy policies and guidebooks, the applicable Code of Conduct, and the relevant laws of the countries or regions in which we interact with you.
INFORMATION WE COLLECT ABOUT YOU
“Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual. Personal Information does not include data that cannot be associated with you, such as de-identified or anonymized information (“Deidentified Information”). We may collect, store, or use the following categories of Personal Information about you:
- Personal Identifiers:
- Personal contact details such as name, title, addresses, telephone numbers and email addresses.
- Bank account details, payroll records, and tax status information to verify and process payments.
- Driver’s license number, date of birth, passport number, nationality/visa status, or related information to verify your employment eligibility, provide travel arrangements or provide other employment-related services to you.
- Social Security number or other government-issued numbers for tax purposes.
- Protected Classifications and Sensitive Personal Information:
- Your date of birth and gender in order to verify your identity.
- Your date of birth to file patent applications for select Employees
- Your marital status and dependents for tax and benefits administration purposes.
- Information about your race, ethnicity, disability, veteran’s status, or sexual orientation if you choose to provide it during the application or onboarding process. We use this information only to support our efforts to attract and maintain a diverse workforce, including for reporting required by federal law.
- Information about your health, such as medical conditions and health and sickness records, when you provide this information to us. This includes details of any absences (other than holidays) from work, including family leave and sick leave; information related to biological screenings or testing for controlled substances; records related to administering and maintaining your healthcare and other benefits; and information about a condition needed for processing benefits when you leave Employment and the reason is related to your health.
- Background checks (for select Employees).
- Biometric Information:
- We may collect biometric information about you for purposes of verifying your identity when checking in to or out of work.
- Fingerprints, retinal scans, facial scans and the like.
- Internet or Other Electronic Network Activity Information:
- We collect information about your use of Xperi computers and networks, including your use of the internet and your email communications when you are using company computers, websites, or systems.
- Geolocation Data:
- We may collect geolocation data about you where it is relevant to the fulfillment of your Employment duties.
o If you are operating a company owned, issued or compensated device, i.e. mobile phone, computer, motor vehicle, security devices, etc.
- Audio, electronic, visual, thermal, olfactory, or similar information:
- We may store photographs of you for identity verification. Your image may be recorded on building security cameras or through video conferencing if you come to one of our locations or engage in video conferencing with us. o Your telephone calls may be monitored or recorded when accessing company resources (e.g. IT services), interacting with customers or members of the public. o Your use of company computer systems may be electronically recorded or otherwise monitored. o We do not routinely collect any of your thermal, olfactory or similar information, but reserve the right to do so if health and safety concerns require us to do so.
- Professional or employment-related information:
- We collect information about your professional and employment-related background through the recruitment process (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of your application to work at Xperi). o During the employment or professional relationship, we collect information regarding your wages/salary/compensation, annual leave, retirement, work performance, disciplinary actions, and/or grievance information.
- We may also collect information regarding job titles, salary history, work history, working hours, holidays, absences, training records and professional memberships.
o For purposes of administering employee benefits, we collect health information, your marital status, and dependent information. o Your employment records include information you provided during the application process about the educational institutions you have attended or your level of education. We also collect and maintain information about any professional licenses you hold, certifications you receive, or additional education or training you undertake during your employment.
- Commercial Information: Collection of information related to your purchase and use of Xperi products or services, and information related to your preferences or characteristics.
HOW WE COLLECT YOUR PERSONAL INFORMATION
We collect Personal Information about employees and applicants through the application and recruitment process, directly from candidates, from employment agencies, through employment screening services, and/or background-check providers. We may collect additional information from third parties including former employers, educational institutions, credit reference agencies, or other sources that supply employment or identity verification services.
We may collect additional Personal Information in the course of job-related activities throughout the time period that you work with us. This can be in the form of information you provide directly to us or information which we collect automatically about you, such as monitoring computer access and usage.
Xperi Employment activities are intended for and directed to adults, not children. If you are under the legal age of employment in your geography, do not supply any Personal Information to any Xperi or affiliate website for the purposes of Employment with Xperi.
HOW WE USE PERSONAL INFORMATION ABOUT YOU
We will only use your Personal Information as permitted by law. Unless we specifically disclose otherwise, you understand that we may use any of your collected Personal Information for any of the purposes described in this Privacy Notice. Situations in which we use your Personal Information include:
- Decisions related to your employment:
- making decisions about your recruitment; determining whether to offer you a position and on what terms;
- reviewing your performance; evaluating your development as an employee; setting your job duties and assessing our staffing needs; assessing your qualifications for other roles within the company or promotion; determining salary and compensation;
- preparing for grievance or other disciplinary procedures, including termination;
- dealing with legal disputes involving you or other employees, including accidents at work; and
- ascertaining your fitness for work.
- Business Purposes:
- conducting data analytics studies to review and better understand employee retention and attrition rates;
- ascertaining and fulfilling education, training, and development requirements: and
- for select Employees, filing patent applications or other administrative documents with the United States Government or other regulatory bodies.
- Administering payments and benefits:
- making tax and other required deductions; and
- making decisions about salary and compensation.
- Security measures and complying with health and safety obligations:
- ensuring the physical safety of our facilities, resources, employees, applicants, and other people from threats;
- preventing fraud and to secure our systems, data, resources, and facilities from unauthorized access or exploitation;
- monitoring compliance with our IT policies;
- ensuring network and information security, including preventing unauthorized access to our computer and electronic communications systems, and preventing malicious software distribution; and
- investigating theft and other illegal activities.
- Compliance with legal obligations:
- verifying your identity; and
o ensuring that you are legally permitted to work in the United States.
- With your Consent:
- We may also share your information for other purposes with your consent or at your direction, which you may withdraw or modify at any time by contacting us.
DISCLOSURE OF YOUR PERSONAL INFORMATION
We do not sell your Personal Information to any third parties. However, we may disclose aggregated or deidentified information without restriction. Otherwise, we may disclose any collected Personal Information as described in this Privacy Notice:
- To our affiliates, subsidiaries, and other Xperi companies.
- To our service providers, i.e. entities we use to support our business and who are bound by law and contractual obligations to keep your Personal Information confidential.
- Service providers may only use Personal Information we share with them for the purposes for which we disclose it to them. The categories of service providers that we share information with and the services they provide are:
- Payroll services providers that assist us in calculating and disbursing your salary and other compensation.
- Auditing and accounting firms that assist us with the creation and maintenance of our financial records.
- Professional services consultants that perform analytics, assist with improving our business, provide legal services, or supply project-based resources and assistance.
- Recruitment vendors that assist with the application process, including assessing candidate qualifications and providing the platform through which candidates submit their candidacy.
- Data analytics services that analyze data from internal and external sources and assist with various data trends to improve our employee and customer relationships.
- Security vendors that assist with security incident verification and response, service notifications, and fraud prevention.
- IT vendors that assist with system design, architecture and implementation, hosting and maintenance; data and software storage; and network operation.
- To other external parties when required by law or to protect Xperi or other persons, as described in this Privacy Notice.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale or other transfer of some or all of Xperi’s assets, in which Personal Information held by Xperi about our employees and applicants is among the assets transferred.
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. We use physical, administrative, and technical safeguards to secure Personal Information.
Your Personal Information is retained for the duration of your relationship with Xperi, plus a reasonable period thereafter as necessary to fulfil our business purposes disclosed in this Privacy Notice. For Employment purposes, we generally do not retain your Personal Information longer than a period of seven (7) years after termination of your Employment with us. Retention periods may be extended if we are required to preserve your Personal Information in connection with litigation, investigations, legal or administrative proceedings, or if a longer retention period is required or permitted by applicable law.
TRANSFERRING YOUR PERSONAL INFORMATION ABROAD
We may transfer, process, or store your Personal Information in any country or region where we have facilities, business operations, or in which we engage service providers. Some countries may have data protection laws that are different from the laws of your country. By engaging in Employment activities, you explicitly consent to the transfer of your Personal Information to, and the processing and storage of your Personal Information in, countries outside of your country of residence or the point of collection.
Xperi has taken appropriate safeguards to require that your Personal Information remains protected when it is being transferred, processed, and stored. If you are located in the European Union (“EU”), the European Economic Area (“EEA”), the United Kingdom (“UK”), or Switzerland, when Xperi transfers your Personal Information to recipients in other countries (such as the U.S.), we will protect that Personal Information as described in this Privacy Notice.
If you are located in the EU, EEA, UK, or Switzerland, we will only transfer your Personal Information if:
- The country to which the Personal Information will be transferred has been granted a European Commission adequacy decision;
- We have put in place appropriate safeguards in respect of the transfer, for example the EU Model Clauses.
You may request a copy of the safeguards that we have put in place with respect to transfers of Personal Information by contacting us as described in the How to Contact Us section below.
ADDITIONAL COUNTRY OR REGIONAL PRIVACY CONSIDERATIONS
Because Xperi has adopted a global view on privacy with the intent of providing strong privacy rights regardless of where an individual resides, our use of terminology in this Privacy Notice should be interpreted to reflect that intent. You can find additional privacy terms that may be relevant to your specific country or region below.
THE EU, EEA AND UNITED KINGDOM
In addition to the terms of our global Privacy Notice, Xperi wants Individuals with whom it interacts that are located in the European Union (EU), the European Economic Area (“EEA”), and the United Kingdom (UK) to understand the following additional privacy and data protection measures which may be applicable (“EU Privacy Terms”). These EU Privacy Terms apply to the processing by Xperi or its affiliates of Personal Information related to identified or identifiable individuals located in the EU, the UK, and the European Economic Area (“EU Personal Data”).
During your Employment interactions with us, the collection and processing of your EU Personal Data will occur under the terms of our Privacy Notice, as modified or supplemented by these EU Privacy Terms which are intended to capture applicable privacy rules, including as from 25 May 2018, the General Data Protection Regulation 2016/679 (“GDPR”).
Xperi is the relevant data controller of Employee and Applicant data, respectively. Xperi has adopted internal policies and implemented measures to ensure that the applicable legal requirements are met and that your EU Personal Data is processed with respect and care using the appropriate technology.
Managing Your Data:
- If consent is required for us to process your EU Personal Data, you may withdraw or modify such consent at any time by contacting us or using any self-help tools that we may provide.
- You have the right to request access to your EU Personal Data as processed by us and to have it corrected or deleted, unless Xperi is legally required to retain it.
- You have also the right to restrict or object to our processing of your EU Personal Data.
We will respond to properly submitted and verified requests within 30 days.
Contacting Us in the EU, EEA and UK:
Please refer to the “How to Contact Us” section to learn all of the ways in which you may contact us. If you are concerned about Xperi’s compliance with laws relating to the privacy of your EU Personal Data, you may also contact your local privacy data protection authority.
THE UNITED STATES, STATE OF CALIFORNIA (CA)
We are required under California law to provide you with this Privacy Notice (notice of collection).
Xperi wants individuals with whom it interacts that are in the State of California to understand the following additional privacy and data protection measures which may be applicable (“California Privacy Terms”). These California Privacy Terms apply to the processing by Xperi of Personal Information related to identified or identifiable individuals and households located in the State of California.
During your Employment interactions with us, if you are an individual or household located in
CA, the collection and processing of your Personal Information will occur under the terms of our Privacy Notice, as modified or supplemented by these CA Privacy Terms which are intended to capture applicable privacy rules, including the California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act (“CPRA”).
Managing Your Data:
- Right to Category Information. You have the right to obtain information regarding the categories of Personal Information we collect, use, sell, or disclose and our collection and use of your Personal Information over the past 12 months. The categories of information are provided in this Privacy Notice in the Information We Collect About You section.
- Right to Access and Request Deletion of Information. We are not required at this time to comply with requests from former or current Employees or Applicants who request access to or deletion of information that was collected and used solely in the context of Employment. For information about your Employment history with Xperi, please contact Human Resources directly. As of January 1, 2023, to the extent legally permissible, we will comply with requests from former or current Employees or Applicants who request access to or deletion of the information utilized in the context of Employment.
- Right to Information Regarding Incentivized Data Sharing. We, or our affiliates, may run promotions from time to time whereby we incentivize an Employee or Applicant to share certain pieces of information, including Personal Information, with us. Participation in any of these promotions or their incentives is voluntary, and you may always opt out of any future data sharing at any time.
- Right to Opt Out of Sale of Personal Information to Third Parties. The CCPA defines “selling” Personal Information as disclosing it to an external party for monetary or other benefit. You have the right to opt out of any sale of data by Xperi to third parties. However, we currently do not sell your Personal Information to any third parties. As of January 1, 2023, you will have the right to opt out of the sharing of your Personal Information to third parties as well. Please note the right to opt out does not apply to our sharing of data with service providers or affiliates, who are parties we work with to perform a function on our behalf and who are legally and contractually obligated to use any Personal Information only for that function.
- Notice of CA Employee and Applicant Data Collection and Sharing Practices. Xperi collects the categories of information described in the “Information We Collect About You” section above and has disclosed such categories of information for a business purpose within the preceding twelve (12) months.
We will respond to properly submitted and verified requests for access, disclosure, portability, or deletion within 45 days.
Contacting Us in the US – CA:
Please see the “How to Contact Us” section to learn all of the ways in which you may contact us. If you are concerned about Xperi’s compliance with California laws relating to the privacy of your Personal Information, you may also contact the California Attorney General’s office.
HOW TO CONTACT US
Email is the fastest way and most preferred way to contact us:
You may also contact us via direct mail:
- Xperi Inc.
Attn: Legal Department (Privacy Notice)
2190 Gold Street,
San Jose, CA 95002
Please note that if you make a request that involves Personal Information, you will need to provide certain authentication and verification information in order for us to respond to your request.
CHANGES TO THIS PRIVACY NOTICE
We reserve the right to update this Privacy Notice at any time and any changes are effective as of the date of public posting.