Pursuant to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 in effect as of January 1, 2023 (collectively the “CCPA”), Prosper Marketplace, Inc. and its wholly owned subsidiary, Prosper Funding LLC (together, “Prosper”, “we”, “us” or “our”) is providing you with this Notice at Collection & Privacy Policy for Applicants, Employees and Other Workers Residing in California (“Notice”) to inform you about the Personal Information that we collect and the purposes for that collection, as well as your rights under the CCPA. Please note that the CCPA, and this Notice, may not apply to information covered by other federal and state privacy laws, such as the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act and certain other laws.
Scope
This Notice is only for California residents who (1) are applying for jobs at Prosper (“Applicants”), or (2) are employed by Prosper or perform work through a third-party employment agency (“HR Individuals”) (Applicants and HR Individuals are collectively referred to as “you” or “your”).
For Prosper’s general Privacy Policy, including provisions applicable to website browsing, please visit https://www.prosper.com/legal/privacy-policy.
Definitions
For purposes of this Notice, “Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a natural person that Prosper collects about you, a resident of California, in your capacity as an Applicant or HR Individuals. “Personal Information” does not include publicly available information, deidentified or aggregated consumer information, or other information excluded from the CCPA’s scope, such as information covered by other sector-specific privacy laws (e.g., Health Insurance Portability and Accountability Act of 1996).
Collection and Disclosure of Personal Information
Prosper may collect, and disclose for business purposes, the following categories of Personal Information. We indicated if specific Personal Information is only collected and disclosed about an Applicant or HR Individuals.
- Identifiers, including real name, nickname, telephone number, postal address, unique personal identifier, online identifiers, e-mail address internet protocol address, driver’s license, social security number, state identification card, passport number, signature, insurance policy number, bank account numbers, and other similar identifiers.
- Personal Information Categories listed in the California Customer Records statute (Cal. Civ. Code §1798.80(e)), including certain information already listed in “Identifiers” above, as well as images.
- Characteristics of Protected Classification, including information about race, age, national origin, disability, sex, and veteran status as necessary to comply with legal obligations, including the reporting requirements of the federal Equal Employment Opportunity Act and California’s Fair Employment and Housing Act, and for purposes of diversity analytics.
- Audio, Electronic, Visual, or Similar Information, including screenshots from online interviews or footage from video surveillance cameras in Prosper facilities, voice recording in call centers, real-time video monitoring, real-time audio monitoring, analysis of real-time video/audio monitoring, and photos for identity proofing purposes.
- Professional or Employment-Related Information, including job title, compensation, performance reviews, professional certifications, specialized trainings or skills, background check information, emergency contact information, termination details, and current and past employment, time entry/leave tracking, flexible working arrangements, beneficiary personal contact information, and dependent data for benefits.
- Education Information, including educational institution attended and degrees obtained.
- Inferential Information, including profile data, such as behavioral and cognitive assessment data.
- Sensitive Personal Information, including social security number, driver’s license, state identification card, passport number. Prosper may collect information about race, age, national origin, disability, sex, sexual orientation, religion, and veteran status as necessary to comply with legal obligations, including the reporting requirements of the federal Equal Employment Opportunity Act and California’s Fair Employment and Housing Act, and for purposes of diversity analytics.
Categories applicable only to HR Individuals
- Sensitive Personal Information, including Form I-9 documents, which may include certain Sensitive Personal Information such as social security number and passport; Fingerprints for certain HR Individuals; Information related to health and vaccination status; and Citizenship and immigration status as necessary to comply with legal requirements.
- Commercial Information, including HR individuals reimbursement documentation.
- Internet or Other Electronic Network Activity Information, including usernames and passwords for Prosper systems and information about your interactions on Prosper’s websites, equipment, information systems, files and network.
- Biometric data, including fingerprints for certain HR Individuals.
- Geolocation information, including physical address.
Purposes for Use of Your Personal Information
Prosper may use and disclose your Personal Information for business and commercial purposes that facilitate administrative functions. These uses may include, but are not limited to the following:
- to assess your suitability for a position or a promotion, your qualifications for employment with Prosper and the continuation thereof, and to conduct background checks;
- to administer the Applicant and HR Individual relationship; administer compensation, equity grants, and other forms of compensation, such as retirement plans; administer benefits; conduct recordkeeping; maintain an internal directory and for purposes of identification;
- to conduct internal audits or internal investigations;
- to arrange meetings and other Prosper events;
- to conduct surveys regarding the application process; to protect the safety and security of the Prosper’s facilities, such as through video surveillance; to comply with Federal and California law related to accommodation;
- to pay and reimburse you for expenses;
- to ascertain and monitor your eligibility to work in the U.S.;
- to manage litigation involving Prosper, and other legal disputes and inquiries and to meet legal and regulatory requirements;
- to obtain and maintain required security clearances and government authorizations, if any;
- in connection with a corporate transaction, sale, or assignment of assets, merger, divestiture, or other changes of control or financial status of Prosper or any of its subsidiaries or affiliates;
- to manage licenses, permits and authorizations applicable to Prosper’s business operations; and
- to provide required disclosures in accordance with federal law, such as with the Security and Exchange Commission, which are available publicly.
The following potential uses and disclosure only apply to HR Individuals:
- for training HR Individuals;
- to monitor work-related licenses and credentials;
- to assist HR Individuals in the case of an emergency; to track the use of vacation days, sick days, or disability or leave policies;
- to help maintain the safety, security, and integrity of Prosper’s website, products, services, databases, networks, and other technical assets and business;
- to monitor equipment, systems, files and network traffic to ensure compliance with all Prosper policies and procedures;
- to monitor HR Individuals performance; and
- to analyze how HR Individuals interact with our websites and systems.
Categories of Sources from which Personal Information Is Collected
Prosper collects Personal Information from you, from your interactions with the Prosper’s sites or services, and from recruiters or recruiting platforms. We may also collect Personal Information from third party employment agencies, background check providers, and providers of HR Individuals’ benefits.
Categories of Third Parties
We may disclose Personal Information to the following categories of third parties:
- Third party service providers who assist with governmental inquiries and legal processes.
- To contractors, subcontractors, vendors, and service providers who help with parts of our business operations (for example, fraud or illegal conduct detection, prevention and investigation, the management of other risks, benefits providers, third-party employment agencies, survey administrators, as well as technology services). Our contracts dictate that these third parties only use your information in connection with the services they provide for us and not for their own benefit.
- To contractors, subcontractors, vendors, and service providers who support us in the hiring process;
- To third parties to whom you ask us to send Personal Information;
- To our subsidiaries, joint ventures, or other companies under common control (collectively, “Affiliates”);
- To a company that merges with, acquires, or purchases the assets of Prosper or its Affiliates, or attempts to do so, in which case such company may continue to process your Personal Information as set forth in Prosper’s Privacy Policy; or
- If we believe in good faith that such disclosure is necessary to: (a) resolve disputes, investigate problems, or enforce our Terms of Use; (b) comply with applicable laws or respond to requests from law enforcement or other government officials, including governmental safety agencies; or (c) protect or defend the rights or property of Prosper, you, or third parties.
“Selling” and “Sharing” under the CCPA
We do not “sell” or “share” your Personal Information, as those terms are defined by the CCPA. We do not knowingly collect Personal Information from anyone under 18—therefore, we do not have actual knowledge of selling or sharing Personal Information of minors under 16.
Retention Policy
Unless otherwise required by law, it is our policy to not retain Personal Information or Sensitive Personal Information for longer than is reasonably necessary to achieve the purpose for which it was collected. The criteria we use to determine the specific retention period include: the type of information collected, our business purposes for retaining the information, and applicable legal and regulatory requirements, including, without limitation, federal contracting obligations and EEO reporting requirements.
Rights Under The CCPA
California residents have the following rights under the CCPA:
- Right to Know. You can ask us to give you information about our collection and use of your personal information. Specifically, you can request that we provide one or more of the following:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting, selling, or sharing your personal information.
- The categories of third parties to whom we disclose that personal information.
- The specific pieces of personal information we collected about you.
- Right to Delete. Subject to certain limitations, you can ask us to delete your personal information.
- Right to Correct. You can ask us to correct inaccurate personal information that we have about you.
- Right to Opt Out of Targeted Advertising or Sale. You can ask us to stop using your personal information for targeted advertising. Please see the discussion on Sales/Sharing above.
- The Right to Limit the Use and Disclosure of Sensitive Personal Information. If we collect Sensitive Personal Information for reasons that are not aligned with the purposes for which we obtained it, then you have the right to limit the use and disclosure of such Sensitive Personal Information. However, we can use this information as permitted by law and to follow the law.
- Right Against Discrimination. We will not discriminate against you for exercising your rights.
How to Exercise Your California Rights
To exercise one or more of your rights, you or someone you authorize to make a request on your behalf may call us at (415) 363-5262 or email us at [email protected]. If you do not receive a confirmation of our receipt of your request within 10 days, we may not have received your request and you should re-submit it. Once we receive your request, we will attempt to verify your identity. We may ask you for additional information to help us verify your identity, including by asking you to confirm other personal information you have provided to us. We may deny your request for reasons permitted by law—including our inability to verify your identity. If we deny your request, we will tell you why we did so.
Subject to certain restrictions, you can have an agent exercise your rights for you. If you have an agent exercising your rights, that person must provide to us your written authorization allowing them to make such a request on your behalf. We reserve the right to deny the agent’s request if we are not reasonably able to confirm proper authorization and/or verify your identity as the requestor.
Effective Date
This Notice was last updated February 28, 2024. We may update or revise this further from time to time.
Contact Us
If you have any questions or concerns regarding this Notice, please contact us at [email protected] or (415) 363-5262.
