Privacy Notice for Candidates

NOTICE TO CALIFORNIA RESIDENTS

California law requires that we provide you this notice about the collection and use of your personal information. We encourage you to read it carefully.

This Notice is effective as of January 1, 2023 (“Effective Date”).

Introduction

Five9 is committed to protecting the privacy and security of your personal information. This notice ("Notice") describes the categories of personal information that Five9, Inc. ("company", "we", "us" and "our") collects from and about you as a California resident who applies or is recruited for a job with us or one of our affiliates ("candidates") and how we use, disclose, and protect that information. This Notice also describes the rights available to you in relation to such personal information.

For purposes of this Notice, "personal information" has the meaning given in the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 and its implementing regulations (collectively, the "CCPA"), but excludes information exempted from the CCPA's scope.

This Notice does not create or form part of any contract for employment or otherwise. Your use of our services is governed by any applicable terms and our general Privacy Policy. If you have questions about this Notice, please contact us at privacy@five9.com.

California Notice at Collection

We collect the categories of personal information listed in the table below.

As further described in the “How we use personal information” section below, we generally collect and use the above-listed categories of personal information for our recruitment activities and as otherwise necessary or appropriate in connection with the fulfillment of other legitimate business purposes.

As noted in the table above, we do not “sell” or “share” (as these terms are defined in the CCPA) the above-listed categories of personal information.

We retain each category of personal information that we collect for as long as necessary to fulfill the purposes described in this Notice, including to satisfy legal or reporting requirements.

For additional information regarding our information handling practices and your legal rights, please review the “California privacy rights” section below.

Information we collect

Categories of personal information

We (and our service providers) collect the following categories of personal information during the application and recruitment process:

• Contact information, such as your name, home address, telephone number, and email address.
• Application information and documentation, such as your completed job application, resume or CV, cover letter, writing samples, and other supporting documentation.
• Education and training information, such as your highest level of education; the school(s) you attended and your dates of attendance; the degree(s), certificate(s), or other educational qualification(s) you earned; and your transcript(s) or training records.
• Professional history and qualifications, such as your current and previous employers, position(s), and work experience; your language proficiencies; your skills, professional licenses, permits, memberships, and certifications; and your professional references.
• Information collected during the interview process, such as information collected during any phone-screens or interviews, information included in evaluations, and the outcomes of any recruiting assessments or exercises you complete.
• Immigration status and other information that would allow us to verify your employment eligibility at the appropriate time in the recruiting process, as permitted by law.
• Sensitive personal information, such as any sensitive information and/or protected characteristics that you choose to provide (e.g., your age, race, ethnicity, national origin, citizenship, sex, gender identity/gender expression, sexual orientation, or military or veteran status). Note that we will not use this information in hiring decisions, unless specifically permitted by law.
• Job preferences, such as desired position and compensation, location preferences, and willingness to relocate.
• Background check information, such as information that your references provide about you and information necessary to complete (and received from) background, credit, drug/alcohol, and/or other checks, when permitted by law.
• Technical information such as your device’s IP address, browser type, device type, operating system, language, and other device and usage information that is collected automatically when you visit the “Careers” section of the https://www.five9.com/ website to submit a job application or any other website where this Notice is posted or linked (collectively, the “Careers Site”). For more information about our collection of technical information on the Careers Site, please review our consumer privacy policy, which is available here.
• Other information you provide to us.

Providing personal information to us is voluntary. However, if you do not provide sufficient information, we may be unable to consider your application or, if you are hired, your subsequent promotion, transfer, or relocation.

In certain cases, we may ask you for additional information for purposes of complying with applicable laws. We may also inquire about criminal records. We will do so only where permitted by applicable law.

Sources of personal information

We collect personal information from you when you apply for a job and throughout the job application or recruitment process. We may also collect your personal information from other sources and combine it with the personal information you provide us. For example, we may collect your personal information from:

• Job board websites you may use to apply for a job with us;
• Your prior employers that verify your employment history;
• Your professional references that you authorize us to contact;
• Pre-employment screening service providers, such as background check providers (where permitted by law);
• Employment agencies and recruiters;
• Your former educational institutions;
• Publicly available sources, including your public social media profile(s) and/or other publicly available sources; and
• Our employees.

How we use personal information

We use your personal information for our recruitment activities and as otherwise necessary or appropriate in connection with the fulfillment of other legitimate business purposes. The specific purposes for which we use your personal information are described below.

• Recruitment management. We use your personal information in connection with our general recruitment activities, which may include:

  • operating the Careers Site;
  • recruiting and interviewing you and evaluating your candidacy, including assessing your skills, qualifications, and interests against our career opportunities;
  • proactively conducting research about your educational and professional background and skills and contacting you if we think you would be suitable for a role with us;
  • conducting background checks and other pre-employment screening (where permitted by law);
  • where requested by you, assisting you with obtaining an immigration visa or work permit, where required;
  • analyzing and improving our application and recruitment processes, including improving diversity in recruitment practices;
  • communicating with you regarding your candidacy, opportunities with the company, or the Careers Site and any changes to applicable terms or policies; and
  • carrying out other business operations.

  As part of our commitment to equal opportunity employment, we may process information regarding your membership in various organizations to support our diversity and inclusion efforts. This may include associating participant membership with sensitive and/or demographic information.

• Compliance, safety and fraud prevention. We use your personal information as necessary to satisfy our legal obligations, maintain security, and prevent fraud, which includes the following use cases:
  • complying with or monitoring compliance with legal and other requirements, such as reporting and equal opportunities monitoring requirements, where applicable;
  • complying with our internal policies and procedures;
  • complying with lawful requests and legal process, such as responding to subpoenas or requests from government authorities;
  • protecting our, your, or others' rights, safety, and property, including by complying with applicable local guidelines and requirements;
  • investigating and deterring against fraudulent, harmful, unauthorized, unethical, or illegal activity or conduct in violation of our policies or procedures;
  • controlling access to and monitoring our physical premises (e.g., by requiring screenings to access offices/facilities); and
  • sharing information with government authorities, law enforcement, courts, or private parties where we have a good-faith belief it is necessary for the foregoing purposes.
• Analytics. We use your personal information to create anonymous, aggregated, or de-identified data that we use and disclose to analyze our application and recruitment activities and/or fulfill other lawful business purposes.

How we disclose personal information

We may disclose your personal information to other parties as necessary for the purposes described above. In particular, we may disclose your personal information to the categories of recipients listed below.

• Our affiliates. We will disclose your personal information to our affiliated entities (e.g., Five9, Inc UK), for purposes consistent with this Notice or to operate shared infrastructure, systems, and technology.
• Our service providers. We will disclose your personal information to companies that provide us with services that help us manage the recruiting process and operate our business, such as recruiters, interviewing and testing providers, pre- employment screening providers, interview travel booking and expense reimbursement providers (where applicable), and recruitment analytics providers.
• Government authorities, law enforcement, and others. We will disclose your personal information to government authorities, law enforcement, courts, and others, in each case to comply with our legal or regulatory obligations or requests.
• Third parties in connection with a sale or business transaction. We will disclose your personal information to parties to transactions and potential transactions whereby we sell, transfer, or otherwise provide access to some or all of our business or assets, including your personal information, such as in the case of a corporate divestiture, merger, consolidation, acquisition, reorganization, or sale of assets, or in the event of bankruptcy or dissolution.
• Our professional advisors. We will disclose your personal information to our legal, immigration, and other outside professional advisors.
• Our employees. We will disclose your personal information to Five9 employees who need it to perform their tasks and duties and as otherwise necessary or appropriate. For example, if you have been referred for a job with us by a current employee, with your consent, we may inform that employee about the progress of your application and let the employee know the outcome of the process. Additionally, in some cases, if it is identified that you have attended the same university/school or shared the same previous employer during the same period as a current employee, we may inform the employee that you are a candidate and consult with that employee for feedback on you.
• Other third parties. We will disclose your personal information to other parties at your direction or with your consent. We will also disclose your personal information as we believe necessary or appropriate either: (a) under applicable law; (b) to protect our operations and those of any of our affiliates; (c) to protect our rights, privacy, safety, or property, and/or those of others; or (d) to allow us to pursue available remedies or limit damages that we may sustain.

We may disclose your personal information for other reasons that we will describe at the time of information collection or prior to disclosing your information.

How we protect and retain personal information

We follow strict security procedures as to how your personal information is stored, used, and disclosed to help prevent any unauthorized person(s) from accessing it. Our security policies set out the standards we follow to keep your personal information secure. When your personal information is maintained by other parties providing a service to us, they are expected to adhere to standards set by us and by applicable law.

If you are offered and accept employment with us, the personal information collected during the application and recruitment process will become part of your employment record. If you apply for a job with us and your application is unsuccessful (or you withdraw from the process or decline our offer), we will retain your personal information for up to 36 months after the submission date of your application. We retain this information for various reasons, including: (a) in case we face a legal challenge with respect to our recruitment decision; (b) to consider you for other current or future jobs with us; and (c) to help us better understand, analyze, and improve our recruitment processes.

Once retention of your personal information is no longer necessary for the purposes outlined in this Notice, we will either delete or deidentify it or, if this is not possible (for example, because the information has been stored in backup archives), we will securely store the personal information and isolate it from further processing until deletion or deidentification is possible.

If we deidentify information, we will maintain and use the information in deidentified form and not attempt to reidentify the information, except as required or permitted by law.

We operate globally, which means your information may be stored and processed outside of the country or region where it was originally collected. Regardless of where your information is processed, we apply the same protections described in this Notice.

California privacy rights

The CCPA provides California residents with certain rights with respect to their personal information. Pursuant to the CCPA, we are providing the following additional details regarding the categories of personal information that we collect, use, and disclose. This section also describes the rights available to you in relation to your personal information and how you can exercise your rights.

Personal information collection and disclosure. The following table details which categories of personal information we have collected from and about candidates in the past twelve (12) months, the sources of each category of information, and the categories of third parties to whom we have disclosed each category of information for a business purpose (where applicable). Please note that the first column in the table lists by category the types of information described in the “Information we collect” section above, as required by the CCPA.

Purposes for collecting personal information. As described in more detail in the “How we use personal information” section above, we collect personal information to carry out our recruitment efforts and fulfill other legitimate business purposes.

Disclosures of personal information. As described in more detail in the “How we disclose personal information” section above, we disclose personal information to fulfill the purposes described in this Notice. This includes disclosing certain categories of personal information to government and public authorities and other third parties as necessary or appropriate, including when we have a legal or contractual obligation to disclose the information.

Use and disclosure of sensitive personal information. As detailed in the table above, we collect certain “sensitive personal information” (as defined in the CCPA). However, we do not use or disclose sensitive personal information for any purpose outside of the limited permissible purposes set forth in the regulations implementing the CCPA.

Sale and sharing of personal information. We do not “sell” or “share” (as such terms are defined in the CCPA) the above-listed categories of personal information, and we have not “sold” or “shared” the above-listed categories of personal information in the past twelve (12) months.

Your legal rights. If you reside in California, you have the right to request that we:

• Disclose to you the following information covering the twelve (12) months preceding your request:
  • the categories of personal information we have collected about you and the categories of sources from which we collected such information;
  • the specific pieces of personal information we have collected about you;
  • the business or commercial purposes for collecting, selling, or sharing your personal information;
  • the categories of third parties to whom we disclosed your personal information; and
  • if we sold, shared, or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales and shares, identifying the personal information categories that each category of recipient received; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
• Correct inaccurate personal information that we maintain about you, taking into account the nature of the personal information and the purposes of the processing.
• Delete the personal information that we have collected from you.

We will not discriminate against you if you decide to exercise your rights under the CCPA. Please note that certain rights are subject to applicable exceptions under the CCPA.

If you are a California resident and interested in exercising any of the above-listed rights, you can do so by sending an email to privacy@five9.com with the subject line “CA Resident Privacy Rights Request.”

In order to protect your privacy, we may require you to provide up to three (3) pieces of personal information with your request that we can match with information we maintain in order to verify that it is you making the request. Where applicable, we will use the requested information for verification purposes only. Please note that we may decline a request where we are unable to verify your identity and confirm that the personal information we maintain relates to you.

Authorized agents. You may authorize someone to submit a privacy rights request on your behalf (an “authorized agent”). An authorized agent will need to demonstrate that you’ve authorized them to act on your behalf, unless you have provided the agent with power of attorney pursuant to applicable law. Depending on the evidence provided, we may also contact you to verify your identity with us or request confirmation that the agent is authorized to submit the request on your behalf.

Other information about this Notice

Third parties

This Notice does not address, and we are not responsible for, the practices of any third parties, which have their own rules for how they collect and use your personal information. Any links on the Careers Site to third-party websites or services are not endorsements.

Changes to this Notice

We reserve the right to change this Notice at any time. The "Effective Date" at the top of this Notice indicates when it was last revised. Any changes will become effective when we post a revised version of this Notice on the Careers Site.

Children

The Careers Site is not intended for minors under the age of 18.

Your obligations

Among other obligations, including without limitation, the obligation to provide complete and accurate information in recruiting documents and processes, it is your responsibility to ensure that information you submit does not violate any third party's rights. You should keep your personal information on file with the company up to date and inform us of any significant changes to it.