Skydance U.S. Personnel Privacy Notice ("Notice")
Effective Date: March 25, 2024
This Notice describes how Skydance Productions, LLC and its parent, subsidiaries, and other affiliates under the control of our corporate parent (“Company,” “we,” “us,” or “our”) processes personal information (“PI”) of Personnel (defined below) in various human resources (“HR”) contexts. This Notice is designed to meet obligations under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (together, the “CCPA”). In the event of a conflict between any other Company policy, statement, or notice and this Notice, this Notice will prevail as to California Personnel, unless stated otherwise. Capitalized terms used but not defined in this Notice shall have the meanings given to them under the CCPA.
Applicability: This Notice applies to the following U.S. residents whose PI we collect in HR contexts:
- Job applicants who have applied for a position with Company.
- Current/former employees of Company.
- Independent contractors of Company (including loaned out personnel).
- Co-employees that are also employed by a third-party. Note, however, that co-employees may also be subject to the third-party’s privacy notice.
- Personnel that are employed or engaged by another business from which we license or otherwise acquire media products or services that provide us with their PI in connection therewith (e.g., as part of the rights chain of title).
This Notice also applies to U.S. residents whose family member or friend has provided PI about you to Company in an HR context, such as if:
- You are listed as an emergency contact for one of the foregoing.
- You are a beneficiary or dependent of one of the foregoing.
The individuals referred to in the foregoing bullet points are collectively referred to as “Personnel” throughout this Notice. Section 1 of this Notice provides notice of our data practices, including our collection, use, retention, and disclosure of Personnel PI. Sections 2-4 of this Notice apply only to California residents and those sections provide information regarding California Personnel rights under the CCPA and how California residents may exercise them.
Non-Applicability: This Notice does not apply to our consumer facing website(s) or our other data practices outside of the HR context, which are addressed in our general privacy notice available here, except when you submit a job application to us.
TABLE OF CONTENTS
1. Notice of Data Practices
(a) PI Sources and Use
(b) PI Collection, Disclosure, and Retention – By Category of PI
2. Your Rights and How to Exercise Them
3. Non-Discrimination / No Retaliation
4. Our Rights and the Rights of Others
5. Contact Us
1. Notice of Data Practices
The description of our data practices in this Notice covers the twelve (12) months prior to the Effective Date and will be updated at least annually if there are any material changes. We will notify you of any material changes by updating this Notice and may also choose to notify you, in our discretion, in another reasonable and appropriate manner. Our data practices may differ between updates, however, and if materially different from this Notice, we will provide supplemental pre-collection notice of the current practices, which may include references to other privacy policies, notices, or statements. Otherwise, this Notice serves as our notice at collection.
(a) PI Sources and Use
We may collect your PI directly from you, such as when you apply for a position or become employed or engaged by us (e.g., identification/identity data, contact details, educational and employment data), from others through interactions in the course of employment or engagement, from third parties (e.g., background check vendors and references, co-employers, loan out companies, producers from which we acquire media properties, etc.), or from public sources of data.
Generally, we use Personnel PI for HR Business Purposes and as otherwise related to the operation of our business, including for: Performing Services, Managing Interactions and Transactions; Security; Debugging; Quality Assurance; Processing Interactions and Transactions; and Research and Development. For example, we use Personnel PI for the following purposes:
- Recruitment
- Running background checks
- Employment
- Personnel intake/onboarding/off-boarding
- Maintaining personnel records
- Payroll, reimbursements, and timekeeping
- Managing the loaned-out personnel
- Processing leaves of absence
- Processing workers’ compensation claims
- Booking travel
- Benefits administration
- Personnel activation initiatives and communications
- Facilitating diversity and inclusion programs
- Administering training and education programs
- HR and IT systems
- Personnel and performance management
- Health & safety/occupational health
- Security (including electronic and on premises)
We may also use PI for “Additional Business Purposes” in a context that is not a Sale or Share under the CCPA, such as:
- Disclosing it to our Service Providers, Contractors, or Processors that perform services for us (“Vendors”);
- Disclosing it to you or to other parties at your direction or through your action (e.g., payroll processors, benefits providers, personnel loan out providers, some software platform operators, co-employers and their auditors, unions and guilds and their auditors, etc.);
- Disclosing it to our investors (e.g., in connection with our voluntary diversity programs, review and approval of executive employment terms, and other contractual obligations to investors);
- For the additional purposes explained at the time of collection (such as in the applicable privacy policy or notice);
- As required or permitted by applicable law;
- To the government or private parties, and their respective representatives, to comply with law or legal process or protect or enforce legal rights or obligations or prevent harm;
- To identify our Personnel and business contact and similar information of Personnel to others where appropriate;
- Where we believe we need to in order to investigate, prevent or take action if we think someone might be using information for illegal activities, fraud, or in ways that may threaten someone’s safety or violate our policies or legal obligations, including disclosures to law enforcement and others; and
- To assignees and their agents as part of an acquisition, merger, bankruptcy, license or sale of media properties, asset sale, or other transaction where another party assumes control over all or part of our business (“Corporate Transaction”).
In addition, in connection with the production of media products and services, we, and our licensees and assigns, use PI of talent (e.g., actors, writers, directors, etc.) for Commercial Purposes related to such media products and services (e.g., providing credits, depicting performers, creating animations based on performers, promoting productions, distributing media properties, etc.) in a context that is not a Sale or Share under the CCPA (“Media Distribution and Marketing”).
Subject to restrictions and obligations under the CCPA, our Vendors may also use your PI for Business Purposes, Additional Business Purposes, and Commercial Purposes and may engage their own vendors to enable them to perform services for us.
When you interact with third parties such as those that provide payroll, benefits, or personnel loan out providers, you are directing us to make your PI available to them for such purposes. In addition, if you are in a union or guild, your union or guild acts as your agent through the collective bargaining process to authorize us to share certain PI with the union or guild or their designees, such as their auditors.
(b) PI Collection, Disclosure, and Retention – By Category of PI
We collect, disclose, and retain PI as follows:
| Category of PI | Examples of PI Collected and Retained | Categories of Recipients |
| 1. Identifiers | Name, postal address, telephone number, mobile number, date of birth, Social Security number, license plate numbers, passport (I-9 purposes), unique personal identifiers, online identifier, networking address, device identifier, e-mail address, account name, and similar contact information and identifiers. | Disclosures for Business Purposes: • General IT, software, and other business vendors • HR system and software vendors • Non-software HR vendors • Personnel loan out providers • Co-employers and their auditors (“Co-employers”) • Unions and guilds and their auditors (“Guilds”) • Third-parties acquiring rights to media properties and their agents and auditors (“Third-parties acquiring rights to media properties”) • Facility management • Security vendors • Payroll and benefits vendors and providers • Insurance providers and brokers • Other members of our corporate group • Governmental entities (for example, in relation to our obligations to determine employment eligibility and responding to requests pursuant to legal or regulatory process) • Other parties within the limits of Additional Business Purposes and/or Media Distribution and Marketing Sale/Share: None |
| 2. Personal Records | Name, signature, description, Social Security number, address, telephone number, driver’s license or state identification number, education, employment, employment history, bank account number, other financial information, medical information, and health insurance information. Some PI included in this category may overlap with other categories. | Disclosures for Business Purposes: • General IT, software, and other business vendors • HR system and software vendors • Non-software HR vendors • Personnel loan out providers • Co-employers • Guilds • Third-parties acquiring rights to media properties • Security vendors • Facility management vendors • Payroll and benefits vendors and providers • Insurance providers and brokers • Other members of our corporate group • Governmental entities (for example, in relation to our obligations to determine employment eligibility and responding to requests pursuant to legal or regulatory process) • Other parties within the limits of Additional Business Purposes and/or Media Distribution and Marketing Sale/Share: None |
| 3. Personal Characteristics or Traits | In some circumstances, we may collect PI that is considered protected under U.S. law, such as age, gender, nationality, race, or information related to medical / disability conditions, but only when that information is relevant for our Business Purposes. We abide by the legal requirements imposed under applicable law in regard to such information. | Disclosures for Business Purposes: • General IT, software, and other business vendors • HR system and software vendors • Non-software HR vendors • Facility management • Personnel loan out providers • Co-employers • Guilds • Third-parties acquiring rights to media properties • Security vendors • Payroll and benefits vendors and providers • Insurance providers and brokers • Other members of our corporate group • Governmental entities (for example, in relation to our obligations to determine employment eligibility and responding to requests pursuant to legal or regulatory process) • Other parties within the limits of Additional Business Purposes and/or Media Distribution and Marketing Sale/Share: None |
| 4. Commercial Information | Records of products or services purchased or obtained in the HR context, such as benefits you have signed up for. | Disclosures for Business Purposes: • General IT, software, and other business vendors • HR system and software vendors • Non-software HR vendors • Payroll and benefits vendors and providers • Co-employers • Insurance providers and brokers • Other members of our corporate group • Other parties within the limits of Additional Business Purposes Sale/Share: None |
| 5. Internet Usage Information | When you use our online systems or otherwise interact with us online, we may collect browsing history, search history, computer type, operating system, and other information and analytics regarding your interaction with our systems or other sites, applications, or content. | Disclosures for Business Purposes: • General IT, software, and other business vendors • HR system and software vendors • Other members of our corporate group • Other parties within the limits of Additional Business Purposes Sale/Share: None |
| 6. Geolocation Data | If you use our systems or interact with us online, we may gain access to the approximate, and sometimes precise, location of the device or equipment you are using, or the location from which you are accessing our systems. We may also track the location of Company-owned, -rented, or -leased equipment. | Disclosures for Business Purposes: • General IT, software, and other business vendors • HR system and software vendors • Other members of our corporate group • Other parties within the limits of Additional Business Purposes Sale/Share: None |
| 7. Sensory Data | We may collect audio, video, electronic, or similar information, for example, CCTV security, HR hotlines (though you may use the hotline without identifying yourself), audio/video conferencing services and photo identification. | Disclosures for Business Purposes: • General IT, software, and other business vendors • HR system and software vendors • Facility management • Non-software HR vendors • Personnel loan out providers • Co-employers • Guilds • Third-parties acquiring rights to media properties • Security vendors • Insurance providers and brokers • Other members of our corporate group • Other parties within the limits of Additional Business Purposes and/or Media Distribution and Marketing Sale/Share: None |
| 8. Professional or Employment Information | Professional, educational, or employment-related information, such as compensation information, work history and prior employer. | Disclosures for Business Purposes: • General IT, software, and other business vendors • HR system and software vendors • Non-software HR vendors • Payroll and benefits vendors and providers • Personnel loan out providers • Co-employers • Guilds • Third-parties acquiring rights to media properties • Insurance providers and brokers • Other members of our corporate group • Other parties within the limits of Additional Business Purposes and/or Media Distribution and Marketing Sale/Share: None |
| 9. Non-public Education Records | Education records directly maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, schedules, identification codes, financial information, or disciplinary records. | Disclosures for Business Purposes: • General IT, software, and other business vendors • HR system and software vendors • Non-software HR vendors • Other members of our corporate group • Other parties within the limits of Additional Business Purposes Sale/Share: None |
| 10. Inferences from PI Collected | We may draw performance inferences from other information we collect about you. | Disclosures for Business Purposes: • General IT, software, and other business vendors • HR system and software vendors • Other members of our corporate group • Other parties within the limits of Additional Business Purposes Sale/Share: None |
| 11. Sensitive PI | Government Issued ID Numbers (social security, driver’s license, state ID card, or passport number) | Disclosures for Business Purposes: • General IT, software, and other business vendors • Fraud detection and prevention vendors • HR system and software vendors • Personnel loan out providers • Media properties • Payroll and benefits vendors and providers • Insurance providers and brokers • Other members of our corporate group • Other parties within the limits of Additional Business Purposes Sale/Share: None |
| Account Log-In (e.g., username and password to online account with Company) | Disclosures for Business Purposes: • General IT, software, and other business vendors • Other members of our corporate group • Other parties within the limits of Additional Business Purposes Sale/Share: None | |
| Precise Geolocation (any data that is derived from a device and that is used or intended to be used to locate an individual w/in a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet) from certain company owned and managed devices. | Disclosures for Business Purposes: • General IT, software, and other business vendors • Other members of our corporate group • Other parties within the limits of Additional Business Purposes Sale/Share: None | |
| Personal Characteristics (racial or ethnic origin, religious or philosophical beliefs (to address accommodation requests), or union membership) | Disclosures for Business Purposes: • General IT, software, or other business vendors • HR system and software vendors • Other members of our corporate group • Other parties within the limits of Additional Business Purposes Sale/Share: None | |
| Communication Content (contents of mail, email, and text messages, other than where Company is the intended recipient of the communication) | Disclosures for Business Purposes: • General IT, software, and other business vendors • Other members of our corporate group • Governmental entities (for example, in relation to our obligations to respond to requests pursuant to legal or regulatory process) • Other parties within the limits of Additional Business Purposes Sale/Share: None | |
| Biometric Information (the processing of biometric info in a manner that may uniquely identify an individual). See further details below. | Disclosures for Business Purposes: • General IT, software, and other business vendors • Other members of our corporate group • Other parties within the limits of Additional Business Purposes Sale/Share: None | |
| Health Information (PI collected and analyzed concerning an individual’s health, such as disability-related information) | Disclosures for Business Purposes: • General IT, software, and other business vendors • Facility management • Personnel loan out providers • Co-employers • Guilds • Third-parties acquiring rights to media properties • Other members of our corporate group • Governmental entities (for example, in relation to our legal obligation to provide information on injuries or illnesses) • Other parties within the limits of Additional Business Purposes Sale/Share: None | |
| Sexual Orientation (e.g., in connection with voluntary diversity programs) | Disclosures for Business Purposes: • General IT, software, and other business vendors • Other members of our corporate group • Other parties within the limits of Additional Business Purposes Sale/Share: None |
There may be additional information we collect that meets the definition of PI under the CCPA but is not reflected by a category above, in which case we will treat it as PI as required, but will not include it when we describe our practices by PI category.
As noted in the chart above, Company may process certain biometric identifiers or biometric information, including but not limited to scans of facial geometry (collectively “Biometric Data”), from select Personnel in connection with the production, distribution, and promotion of media products and services (e.g., depicting performers, creating animations based on performers, promoting productions, etc.). Biometric Data collected by Company is used solely in connection with media products and services. Any Biometric Data collected, used, or stored by Company will be used solely for these purposes. In the event Company begins collecting Biometric Data for any additional purpose, we will update this Notice.
Because there are so many different types of PI in certain categories, and so many purposes and use cases for different data, we are unable to provide retention ranges based on categories of PI in a way that would be meaningful and transparent to you. Actual retention periods for all PI will depend upon how long we have a legitimate purpose for the retention — consistent with the collection purposes and applicable law. Unless Company has a legal requirement to hold an individual’s Biometric Data for a longer period of time, Company will permanently destroy and delete Personnel’s Biometric Data when such Biometric Data is no longer needed to facilitate the purpose(s) of collection and processing identified above or as may earlier be required by applicable law (e.g., three (3) years from last interaction where applicable).
2. California Personnel Rights and How to Exercise Them
California Personnel have the same rights to know/access, delete, correct, limit, and opt-out as traditional Consumers. You may exercise your right, at any time by contacting us via email to hr-privacy@skydance.com, by calling us at 888-862-1104, or by completing a request here.
With regard to PI that qualifies as Sensitive PI under the CCPA, if you elect to provide us with that Sensitive PI, you can limit certain types of Sensitive PI Processing (e.g., related to voluntary diversity program participation) by completing a request here or contacting Human Resources.
(a) Your Request Must Be a Verifiable Consumer Request
Only you, or someone legally authorized to act on your behalf (your authorized agent), may make a Verifiable Consumer Request related to your personal information or the information of your minor child.
As permitted or required by the CCPA, any request you submit to us must a “Verifiable Consumer Request,” meaning when you make a request, we may ask you to provide verifying information, such as your name, email, phone number, account and/or transaction information. We will review the information you provided and may request additional information (e.g., customer request history) via email or other means to ensure we are interacting with the correct individual. We will not fulfill your Right to Know (Categories), Right to Know (Specific Pieces), Right to Delete, or Right to Correct request(s) unless you have provided sufficient information for us to reasonably verify you are the Personnel about whom we collected personal information. We do not verify opt-outs of sale/sharing or requests to Limit Processing of Sensitive Personal Information unless we suspect fraud.
We verify each request as follows:
- Right to Know (Categories): We verify your request to a reasonable degree of certainty, which may include matching at least two data points provided by you with data points maintained by us, which we have determined to be reliable for the purpose of verifying you. If we cannot do so, we will refer you to this Notice for a general description of our data practices.
- Right to Know (Specific Pieces): We verify your request to a reasonably high degree of certainty, which may include matching at least three data points provided by you with data points maintained by us, which we have determined to be reliable for the purpose of verifying you together with a signed declaration under penalty of perjury that you are the Personnel whose personal information is the subject of the request. If you fail to provide requested information, we will be unable to verify you sufficiently to honor your request, but we will then treat it as a Right to Know (Categories) request.
- Right to Delete: We verify your request to a reasonable degree of certainty, which may include matching at least two data points provided by you with data points maintained by us, or to a reasonably high degree of certainty, which may include matching at least three data points provided by you with data points maintained by us, depending on the sensitivity of the Personal Information and the risk of harm posed by unauthorized deletion. If we cannot verify you sufficiently to honor a deletion request, you can still make a Do Not Sell/Share.
- Right to Correct: We verify your request to a reasonable degree of certainty, which may include matching at least two data points provided by you with data points maintained by us, or to a reasonably high degree of certainty, which may include matching at least three data points provided by you with data points maintained by us, depending on the sensitivity of the Personal Information and the risk of harm posed by unauthorized correction.
To protect Personnel, if we are unable to verify you sufficiently, we will be unable to honor your request. We will use personal information provided in a Verifiable Consumer Request only to verify your identity and authority to make the request and to track and document request responses unless you also gave it to us for another purpose.
(b) Authorized Agent Requests
Only you, or someone legally authorized to act on your behalf, subject to our verification of the agent, the agent’s authority to submit requests on your behalf, and of you, in accordance with the Your Request Must Be a Verifiable Consumer Request section above, may make a Verifiable Consumer Request related to your personal information. We cannot respond to your request or provide you with personal information if we cannot verify your identity, or authority to make the request, and confirm the personal information relates to you. Once your agent’s authority is confirmed, they may exercise rights on your behalf subject to the agency requirements of applicable laws.
3. Non-Discrimination / No Retaliation
We will not discriminate or retaliate against you in a manner prohibited by the CCPA for your exercise of your California privacy rights.
4. Our Rights and the Rights of Others
Notwithstanding anything to the contrary, we may collect, use and disclose your PI as required or permitted by applicable law and this may override your rights under the CCPA. In addition, we are not required to honor your requests to the extent that doing so would infringe upon our or another person’s or party’s rights or conflict with applicable law.
5. Contact Us
If you have any questions, comments, or concerns about our HR privacy practices, please contact us by e-mail at hr-privacy@skydance.com or call us at 888-862-1104. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include sensitive information in your e-mail correspondence with us.