Privacy

FifthTheory Privacy Policy – California Consumer Protection Act (“CCPA”)

Last Updated: August 11th, 2020

This information tells about FifthTheory’s Privacy Policy relative to the California Consumer Protection Act (CCPA). The full Privacy Policy is available in another tab on this website.

The purpose is to inform California consumers ("consumer(s)") of their CCPA rights on behalf of a covered business ("Business") that is FifthTheory’s customer.

CCPA creates certain rights of California consumers to protect their Personal Information (PI). The law says a consumer has the right to ask a Business that collects the consumer’s PI to disclose the categories of and specific PI it has collected about that consumer. CCPA Regulations also say that a Business must disclose in its Privacy Policy the kinds of PI it collects on consumers, uses, discloses, or sells.

FifthTheory is not a covered business, as defined by CCPA. According to CCPA, FifthTheory is a service provider.

FifthTheory provides services to a Business that asks California consumers who apply for jobs to take an employment-related assessment (“Assessment”). The Assessment is administered and processed online for the Business at FifthTheory’s website.

FifthTheory follows instructions of a Business according to a service agreement with the Business. On behalf of a Business, FifthTheory collects a consumer’s:

• Name
• Contact information (if required by a Business)

FifthTheory uses consumer PI for a Business to:

• Enable a consumer to take an Assessment;
• Assign Assessment data and results correctly to the right consumer;
• Maintain and improve the services provided to a Business as allowed by CCPA regulation;
• Determine any irregularities in taking an Assessment as allowed by CCPA regulation.

FifthTheory discloses a specific consumer’s PI with that consumer’s Assessment results only to the Business that asked that consumer to take an Assessment on FifthTheory’s website.

FifthTheory does not sell any consumer’s PI to any third party or parties.

A consumer may also check the website of a Business that asked that consumer to take an Assessment on FifthTheory’s website for its privacy policy. If the Business is actually a covered business as defined by CCPA, and thus subject to CCPA requirements, the consumer should be able to find out the following:

• Instructions for submitting a verifiable request to know what PI is collected;
• Links to an online request form or portal, if offered, for making a request;
• Process which the Business will use to verify the request;
• Categories of PI the Business has collected about consumers in the preceding 12 months;
• Categories of sources from which PI is collected;
• Business purpose for collecting PI.

CCPA also says a consumer has the right to ask a Business to delete that consumer’s PI collected by the Business. FifthTheory only deletes PI of a specific consumer upon written instructions from the Business that asked that consumer to take an Assessment on FifthTheory’s website. Instructions must include receipt of a verified consumer request to delete PI, according to a service agreement with the Business.

A consumer may check the website of a Business that asked that consumer to take an Assessment on FifthTheory’s website for its privacy policy. If the Business is actually a covered business as defined by CCPA, and thus subject to CCPA requirements, a consumer should be able to find out the following:

• Instructions for submitting a verifiable request to delete PI;
• Links to an online request form or portal, if offered, for making a request;
• Process which the Business will use to verify the request.

However, note also that CCPA regulations define employment-related information as PI that is collected for employment-related administration. This is considered to be a business purpose according to CCPA regulations. FifthTheory collects consumer PI to process an employment-related Assessment for a business purpose as determined by its customer.

Thus, consumer PI collected by FifthTheory may not be subject to a request for deletion. A Business can determine how it handles a consumer’s request to delete PI associated with a FifthTheory Assessment.