PCB Notice at Collection - California Candidate Privacy Notice California Consumer Privacy Act (“CCPA”)

Effective Date: January 1, 2024

Scope and Overview

This Notice at Collection – California Candidate Privacy Notice (“Candidate Privacy Notice”) supplements the information contained in PCB Bank’s California Privacy Notice (see www.mypcbbank.com/privacy-policy/privacy-notice-for-california-residents) and applies solely to all job applicants, or independent contractors, who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) as revised by the California Privacy Rights Act of 2023 (CPRA) and any terms defined in the CCPA have the same meaning when used in this Notice. 

 PCB Bank is committed to protecting the privacy and security of your personal data. This Candidate Privacy Notice describes how PCB Bank and its subsidiaries, affiliates, and related entities (collectively, "PCB Bank," “PCB”, "we," or "us") collect and process personal data about you during the application and recruitment process. This Candidate Privacy Notice applies to job applicants who are residents of California.

 This Candidate Privacy Notice describes the categories of personal data that we collect, how we use your personal data, how we secure your personal data, when we may disclose your personal data to third parties, and when we may transfer your personal data outside of California. This Candidate Privacy Notice also describes your rights regarding the personal data that we hold about you including how you can access, correct, and request erasure of your personal data.

 We will only process your personal data in accordance with this Candidate Privacy Notice unless otherwise required by applicable law. We take steps to ensure that the personal data that we collect about you is adequate, relevant, not excessive, and processed for limited purposes.

Collection of Personal Data

For purposes of this Candidate Privacy Notice, personal data means any information about an identifiable individual collected in connection with the recruitment process. PCB Bank and its affiliates may collect personal data directly from you, as a job applicant, or may receive personal data from third parties, for example, in connection with a background, employment, or reference check, subject to your consent where required by law. Personal data excludes anonymous or deidentified data that is not associated with a particular individual. We may collect, store, and process the following categories of personal data, in connection with our recruiting activities:

• Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
• Government identification numbers such as a taxpayer identification number, driver’s license number, passport number or other identification number. 
• Work history and other relevant experience including information contained in a resume, CV, cover letter, or job application. 
• Education information including degrees awarded, transcripts, and other information provided in support of the job application. 
• Information collected during phone screenings and interviews. 
• Details regarding the type of employment sought, desired salary, willingness to relocate, job preferences, and other information related to compensation and benefits. 
• Reference information and information received from background checks, where applicable, including information provided by third parties. 
• Information related to previous applications to PCB Bank and its affiliates or previous employment history with PCB Bank and its affiliates. 
• U.S. Military Status and Rank

We will collect the majority of the personal data that we process directly from you. In limited circumstances third parties may provide your personal data to us, such as former employer(s), credit reporting agencies, official bodies (such as regulators or criminal record bureaus), medical professionals, or other applicable sources related to your employment.

Use of Personal Data

We only process your personal data where applicable law permits or requires it in connection with carrying out our application and recruitment process, to take steps necessary to enter into an employment contract with you, where the processing is necessary to comply with a legal obligation that applies to us, for our legitimate interests or the legitimate interests of third parties, or with your consent if applicable law requires consent. We may process your personal data for the following legitimate business purposes:

• Identifying and evaluating job applicants, including assessing skills, qualifications, and interests for the purposes of determining suitability for the position for which you have applied. 
• Verifying your information and carrying out employment, background, and reference checks, where applicable, subject to your consent where required by applicable law. 
• Communicating with you about the recruitment process and your application. 
• Keeping records related to our hiring processes, for only as long as appropriate under the circumstances. 
• Creating and submitting reports as required by applicable laws or regulations. 
• To comply with our legal, regulatory, or other corporate governance requirements. 
• Analyzing and improving our application and recruitment process.

In addition to using your personal data for the position for which you have applied, we may retain and use your personal data to inform you about and consider you for other positions that may be appropriate for you with your consent. If you want us to consider you for other positions, you may contact us as specified below under Contact Us and we will retain your personal data for that purpose. 

We will only process your personal data for the purposes we collected it for or for compatible purposes. If we need to process your personal data for an incompatible purpose, we will provide notice to you and, if required by law, seek your consent. We may process your personal data without your knowledge or consent only where required by applicable law or regulation. 

We may also process your personal data for our own legitimate interests, including, but not limited to, the following purposes:

• To prevent fraud. 
• To ensure network and information security, including preventing unauthorized access to our computer and electronic communications systems and preventing malicious software distribution.

Collection and Use of Special Categories of Personal Data

The following special categories of personal data, if collected, may be considered sensitive and may receive special protection: 

• Racial or ethnic origin
• Citizenship or immigration status
• Political opinions
•  Religious or philosophical beliefs
• Trade union membership
• Genetic data
• Biometric data
• Data concerning health
• Data concerning sex life or sexual orientation
• Data relating to criminal convictions or offences

We may collect and process the following special categories of personal data when you voluntarily provide them, or we receive them from a third party with your consent, when relevant for a particular position to carry out our obligations under employment law, or as applicable law otherwise permits:

• Physical or mental health condition or disability status to determine appropriate workplace accommodations and evaluate fitness for a particular position. 
• Race or ethnic origin to comply with statutory obligations
• Previous criminal charges or convictions where relevant for the position.

Where we have a legitimate need to process special categories of personal data about you for purposes not identified above, we will only do so only after providing you with notice and, if required by law, obtaining your prior, express consent.

Data Sharing

We will only disclose your personal data to third parties where required by law or to our employees, contractors, designated agents, or third-party service providers who require such information to assist us with administering the recruitment process, including third-party service providers who provide services to us or on our behalf. We may use third-party service providers for various purposes, including, but not limited to, obtaining employment verification and background checks, and data storage or hosting. These third-party service providers may be located outside of California.

 We require all our third-party service providers, by written contract, to implement appropriate security measures to protect your personal data consistent with our policies and any data security obligations applicable to us. We do not permit our third-party service providers to process your personal data for their own purposes. We only permit them to process your personal data to the limited extent required to provide their services to us, and only to carry out the purpose for which we disclosed your personal data to them. Third-party service providers are not permitted to use your personal data for any other purpose or in any manner that would constitute a violation of any federal, state or local financial and/or banking laws or regulations including, but not limited to, the California Consumer Privacy Act and the Gramm-Leach-Bliley Act.

We may also disclose your personal data for the following additional purposes where permitted or required by applicable law:

• To our affiliates, including PCB Bancorp, for the purposes set out in this Candidate Privacy Notice and as necessary to administer the application and recruitment process. 
• As part of our regular reporting activities to our affiliates, including PCB Bancorp. 
• To comply with legal obligations or valid legal processes such as search warrants, subpoenas, or court orders. When we disclose your personal data to comply with a legal obligation or legal process, we will take reasonable steps to ensure that we only disclose the minimum personal data necessary for the specific purpose and circumstances. 
• To protect the rights and property of PCB Bank and its affiliates, including PCB Bancorp. 
• During emergency situations or where necessary to protect the safety of persons. 
• Where the personal data is publicly available. 
• If a business transfer or change in ownership occurs and the disclosure is necessary to complete the transaction. In these circumstances, we will limit data sharing to what is necessary, and we will anonymize the data where technically and reasonably feasible.

For additional purposes with your consent where such consent is required by law.

Data Security

We have implemented appropriate physical, technical, and organizational security measures designed to secure your personal data against accidental loss and unauthorized access, use, alteration, or disclosure. In addition, we limit access to personal data to those employees, agents, contractors, and other third parties that have a legitimate business need for such access.

Data Retention

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, as required to satisfy any banking laws and regulations governed by various regulatory agencies, legal, accounting, or reporting requirements, or as necessary to resolve disputes. To determine the appropriate retention period for personal data, we consider our statutory obligations, the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes we process your personal data for, and whether we can achieve those purposes through other means. We specify the retention periods for your personal data in our data retention policy.

Under some circumstances we may anonymize your personal data so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

If you are offered and accept employment with PCB Bank or its affiliates, the personal data we collected during the application and recruitment process will become part of your employment record, and we may use it in connection with your employment consistent with our employee personal data policies. If you do not become an employee, or, once you are no longer an employee of PCB Bank or its affiliates, we will retain and securely destroy your personal data in accordance with our document retention policy and applicable laws and regulations.

Rights to Know, Right to Delete and Right to Correct

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during the recruitment process. By law you may have the right to request access to, correct, and delete the personal data that we hold about you, subject to all retention laws under applicable banking laws and regulations governed by various banking regulatory agencies.

 We may request specific information from you to confirm your identity and, correct and delete your personal data your personal data.  Applicable law may allow or require us to refuse to provide you with access to some or all of the personal data that we hold about you, or we may have destroyed, deleted, or made your personal data anonymous in accordance with our record retention obligations and practices.  If we cannot comply with your request, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

Exercising Access, Data Portability, Deletion Rights and Right to Correcty

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Calling us at (888) 979-8133 
• Emailing us at privacy@mypcbbank.com
• Visiting www.mypcbbank.com/privacy-policy 
• Completing a written form at any of our PCB Bank locations

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please complete the Right to know and Right to Delete Request form, include the contact information in the space provided, and sign and date the form.  We cannot respond to your request if we cannot verify your identity or if we do not receive proper document supporting/evidencing authorization to make request on your behalf. 

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.  You may only make a verifiable consumer request for access or data portability twice within a 12-month period.  Making a verifiable consumer request does not require you to create an account with us. 

Right to Opt-Out 

We do not sell the personal information of consumers, and minors we actually know are less than 16 years of age. 

Changes to This Candidate Privacy Notice

We reserve the right to update this Candidate Privacy Notice at any time, and we will provide you with a new Candidate Privacy Notice when we make any updates. If we would like to use your previously collected personal data for different purposes than those we notified you about at the time of collection, we will provide you with notice and, where required by law, seek your consent, before using your personal data for a new or unrelated purpose. 

Contact Information

If you have any questions or comments about this notice, the ways in which PCB Bank collects and uses your information described below and in the California Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Phone: (888) 979-8133
Website: https://www.mypcbbank.com/privacy-policy
Email: privacy@mypcbbank.com
Postal Address:

PCB Bank
Attn: Compliance Department
3701 Wilshire Boulevard, Suite 900
Los Angeles, California 90010