California Job Candidate Privacy Notice

In order to facilitate your job candidacy, The ONE Group Hospitality, Inc. and/or all or any of its subsidiaries and affiliates (“TOG”) collects and processes certain categories of “personal information” from and about you.  “Personal Information” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household.

Categories of Personal Information:

For the purposes of this California Job Candidate Privacy Notice, TOG collects, and has collected in the preceding 12 months, the following categories of Personal Information from and about you as a job applicant:

• Application and Recruitment Information
  • Your personal details, meaning your name, contact information, such as your postal or residential address, email address, and telephone number, employment and educational history, other records of professional achievement (including your resume, CV, and other application materials), biographical information, and other Personal Information you provide to TOG during the application process. The specific categories of Personal Information are as set forth in the disclosure of Personal Information section below;
  • Correspondence TOG sends or receives from you;
  • Personal Information about your credit history, criminal records or other Personal Information revealed during background screenings as permitted by applicable law;
  • Personal Information generated by interviewers and recruiters, based on their interactions with you or information publicly available about you on the Internet;
  • Your offer letter or contract of employment and any amendments to it (if an offer for employment is made and/or accept);
  • Personal Information provided by third party placement firms, recruiters, or job-search websites, where applicable;
  • Recommendations or references provided on your behalf by others; and
  • Personal Information provided by third party sites that you authorize to disclose information with us, such as LinkedIn or Indeed.
• Legal Compliance Information
  • Documentation required under immigration laws, such as citizenship, and visa or permanent resident status;
  • When permitted or required by applicable law, Personal Information about your health or disability where (1) it relates to your ability or availability to perform the essential functions of the job for which you are applying; or (2) is needed to comply with TOG’s legal obligations about health and safety in relation to your participation in the recruitment process (e.g., on-site interviews); and
  • Where permitted by applicable law, Personal Information about race, ethnicity, religion, disability, gender, sexual orientation, and other legally protected or significant characteristics or statuses, for purposes of government reporting where required, as well as to understand the diversity characteristics of TOG’s applicant pool and, if hired, workforce (providing this information is voluntary).

Purposes of Collection:

The purposes for which TOG uses your Personal Information are as follows:

• To process and evaluate your application for employment, including experience, skill, and suitability for the applicable role;
• The legitimate legal interest of TOG, including identifying and recruiting talent, making hiring decisions, managing and improving our recruitment process, communicating with you about your application and potential opportunities, conducting background checks, verifying information you provide, and managing the overall relationship with TOG’s affiliates, subsidiaries, or related companies of TOG, including enabling and assisting in meeting global compliance obligations, ensuring that personnel involved in the recruitment and application process carry out business functions, and providing tools to recruitment personnel for further business purposes; or
• The compliance with a legal obligation to which TOG is subject (e.g., equal employment opportunity reporting and/or verifying eligibility for employment).

Additional Disclosures:

We may disclose Personal Information in certain circumstances, including to: comply with our legal obligations; to protect the rights and property of our customers and the public; to detect and respond to suspected illegal activities and threats to the health and safety of any person or of our systems or services; in connection with, or during negotiations of, any merger, joint venture, sale of TOG assets, financing, or acquisition of all or a portion of TOG’s business, assets or stock by another company (including in connection with any bankruptcy or similar proceedings); to maintain TOG’s business operations, including, for example, by providing or enabling our service providers, professional advisors, or other similar entities to assist with such business operations; and with your consent and at your direction.

In the preceding twelve (12) months, TOG has disclosed Personal Information of job applicants to following categories of recipients for a business purpose:

Personal Information Category	Category of Recipients
Identifiers	Recruitment and personnel management service providers, background check providers, fraud detection and security service providers
Protected classification characteristics under California or federal law.	Recruitment and personnel management service providers, government authorities
Internet or other similar network activity	fraud detection and security service providers
Professional or employment-related information.	Recruitment and personnel management service providers, background check providers
Inferences drawn from other Personal Information.	Recruitment and personnel management service providers
Sensitive Personal Information	Recruitment and personnel management service providers, government authorities, background check providers

We do not use or disclose your Sensitive Personal Information for purposes other than those permitted by California law. “Sensitive Personal Information” is a subset of Personal Information that includes government ID, health information, race, and religion.

We may also disclose aggregated or de-identified information, which cannot reasonably be used to identify you. We process, maintain, and use this information only in a de-identified fashion and will not attempt to re-identify such information except as permitted by law.

Retention of Your Personal Information:

If you are offered and accept an offer of employment by TOG, the Personal Information collected during your pre-employment period becomes part of TOG’s personnel record for and will be retained in accordance with the applicable employee privacy policy. If your application is unsuccessful or if it is successful and you choose not to accept our offer, we will retain your Personal Information for a limited period of time in accordance with our data retention policy, for purposes such as future recruitment opportunities (with your consent) and to comply with our legal obligations.

TOG determines the retention period of your information based on the following retention criteria:

• TOG retains your Personal Information as long as it is necessary to evaluate your application, for the duration of the recruitment process, and for a reasonable period of time after, as described above;
• TOG retains your Personal Information where it is required to do so by a legal obligation to which it is subject; and
• TOG retains your Personal Information where this is advisable to safeguard or improve TOG’s legal position (for instance in relation to statutes of limitations, litigation, or regulatory investigations).

Selling and Sharing of Your Personal Information:

TOG has not and does not sell or share your Personal Information.

Your Rights and Choices:

You have specific rights regarding your Personal Information. This section describes and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal and sensitive information, unless responding to the request is impossible or involves a disproportionate effort. Once we receive and confirm your verifiable request, we will disclose to you:

• The categories of Personal Information and sensitive information we collected about you.
• The categories of sources for the personal and sensitive information we collected about you.
• Our business or commercial purpose for collecting, using and/or disclosing that information.
• The categories of third parties, contractors and service providers, if any, with whom we share, sell or disclose that Personal Information.
• The specific pieces of Personal Information we collected about you (also called a data portability request).
• If we disclosed your Personal Information for a business purpose, a list of those disclosures, identifying the Personal Information categories that each category of recipient obtained.
• Whether your information is sold or shared.
• The retention period or criteria used for retention.

You also, through a verifiable request, have the right to have your Personal Information transmitted directly from us to a third party, where technically feasible.

Correction and Deletion Request Rights

You have the right to request that we correct or delete any of your Personal Information that TOG collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable request, we will correct or delete (and direct any service providers to correct or delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete processing your application for employment or to take reasonable actions related to your consideration for employment;
• Take actions reasonably anticipated within the context of your application and our consideration of your employment, or to fulfill the terms of pre-employment requirements;
• Help to ensure security and integrity, to the extent the use of your Personal Information is reasonably necessary and proportionate for those purposes; and
• Comply with any and all legal obligations.

Exercising Access, Data Portability, and Correction and Deletion Rights

To exercise the access, data portability, correction, and deletion rights described above, please complete a request form and send it to:

AskHR@togrp.com 

Alternatively, you can call the following toll-free number: 1-888-710-5010.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to your Personal Information.

You may only make a verifiable request for access or data portability twice within a 12-month period. The verifiable request must:

• Provide enough information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
• Describe your verifiable request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your verifiable 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. We will only use Personal Information provided in a verifiable request to confirm the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.

Unless otherwise requested, the disclosure shall cover the 12-month period preceding our receipt of the verifiable consumer request and shall be made in writing and delivered through your account with us, or by mail or electronically.

The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.

We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we determine that your verified request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your verified request.

Non-Discrimination

We will not discriminate against you for exercising any of your rights described above. Unless permitted by law, we will not:

• Deny you consideration for employment opportunities.
• Provide you a different level or quality of consideration in the recruitment process.
• Discriminate in making hiring decisions.

Shine the Light Disclosure

We have not shared any Personal Information with other companies for their direct marketing use within the immediately preceding calendar year. Accordingly, California’s “Shine the Light” law, Cal. Civil Code § 1798.83 to § 1798.84, does not apply to us and we have not established any mechanism for you to request information on our sharing of information for third parties’ marketing purposes.

Changes To Job Candidate Privacy Policy

TOG may make changes to this California Job Candidate Privacy Notice, by updating this notice or providing you with an addendum to this notice. You should review this California Job Candidate Privacy Notice periodically to keep up to date on our most current policies and practices concerning your Personal Information.

Date of Last Update to this California Job Candidate Privacy Notice: 23rd July 2025