California Employee Privacy Notice

Effective Date: January 1, 2023

This Notice describes how Essex Property Trust, Inc. and our affiliates (collectively “Company,” “we,” “us,” or “our”) processes personal information (“PI”) of Employees (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 Employees, unless stated otherwise. Capitalized terms used but not defined in this Notice shall have the meanings given to them under the CCPA.

This Notice applies to the following California residents who provided us with PI in HR contexts:

Job applicants who have applied for a position with Company; and
Current/former employees of Company.

This Notice also applies to California 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 a Company employee or former employee.
You are a beneficiary or dependent of a Company employee or former employee.

The individuals referred to in the foregoing bullet points are collectively referred to as “Employee” or “Employees” throughout this Notice. The section titled “Notice of Data Practices” provides notice of our data practices, including our collection, use, retention, and disclosure of Employee PI. The section titled “Your Rights and How to Exercise Them” provides information regarding California Employee rights under the CCPA and how you may exercise them.

This Notice does not apply to our consumer facing website(s) including, without limitation, our careers webpages, or our other data practices outside of the human resources context, which are addressed in our general privacy notice available here.

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. Our data practices may differ between updates, however, 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.

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), others through interactions in the course of employment or engagement, third parties (e.g., references, consultants, Vendors (defined below), or public sources of data.

Generally we use Employee PI for HR Business Purposes and as otherwise related to the operation of our business, including for: Performing Services; Security; Debugging; Advertising & Marketing; Quality Assurance; Processing Interactions and Transactions; and Research and Development. For example, we use Employee PI for the following purposes:

Recruitment
Running background checks
Employee intake / onboarding / off-boarding
Maintaining Employee records
Process payroll, reimbursements, and timekeeping
Processing leaves of absence
Processing workers’ compensation claims
Booking employee travel
Benefits administration
Employee activation initiatives and communications
Facilitating diversity and inclusion programs
Administering training and education programs
Tracking performance, engagement, growth, potential, and employment development
HR IT systems and security
Employee and performance management
Health & Safety / Occupational Health
Security (including electronic and of 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, some software platform operators, etc.);
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 to comply with law or legal process or protect or enforce legal rights or obligations or prevent harm;
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; and
To assignees as part of an acquisition, merger, asset sale, or other transaction where another party assumes control over all or part of our business (“Corporate Transaction”).

Subject to restrictions and obligations under the CCPA, our Vendors may also use your PI for Business Purposes and Additional Business Purposes and may engage their own vendors to enable them to perform services for us.

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
Identifiers	Real name, alias, home address, previous residence address, unique personal identifiers, online identifier, Internet Protocol address, e-mail address, and account name.	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 Insurance providers and brokers Governmental entities (for example, in relation to our obligations to determine employment eligibility and responding to requests pursuant to legal or regulatory process); and/or Other parties (e.g., litigants) within the limits of Additional Business Purposes. *Sale / Share:* None
Personal Records	Name, signature, description, address, telephone number, education, employment, employment history, bank account number, credit card information, medical information, and health insurance policy number. 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 Payroll and benefits vendors and providers Insurance providers and brokers External auditors and legal counsel Governmental entities (for example, in relation to our obligations to determine employment eligibility and responding to requests pursuant to legal or regulatory process); and/or Other parties (e.g., litigants) within the limits of Additional Business Purposes. *Sale / Share:* None
Personal Characteristics or Traits	In some circumstances, we may collect PI that is considered protected under U.S. law, such as age, gender identity, sex, race, nationality, martial status, veteran status, familial status, or disability, 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 Payroll and benefits vendors and providers Insurance providers and brokers External auditors and legal counsel Governmental entities (for example, in relation to our obligations to determine employment eligibility and responding to requests pursuant to legal or regulatory process); and/or Other parties (e.g., litigants) within the limits of Additional Business Purposes. *Sale / Share:* None
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: Vendors (e.g., data analytics providers, payment processors, and marketing services providers); and/or Other parties (e.g., litigants) within the limits of Additional Business Purposes. *Sale:* None
Internet Usage Information	When you use our online systems or otherwise interact with us online, we may collect browsing history, search history, and other information 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 Governmental entities (for example, in relation to our obligations to determine employment eligibility and responding to requests pursuant to legal or regulatory process); and/or Other parties (e.g., litigants) within the limits of Additional Business Purposes. *Sale / Share:* None
Geolocation Information	If you use our systems, interact with us online, or access our facilities 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 or facilities. We may also track the location of Company-issued devices.	Disclosures for Business Purposes: General IT, software, and other business vendors HR system and software vendors Governmental entities (for example, in relation to our obligations to determine employment eligibility and responding to requests pursuant to legal or regulatory process); and/or Other parties (e.g., litigants) within the limits of Additional Business Purposes. *Sale / Share:* None
Sensory Data	We may collect audio recordings, electronic, visual, or similar information such as when you connect with consumers via telephone and via our video security recordings.	Disclosures for Business Purposes: General IT, software, and other business vendors HR system and software vendors Governmental entities (for example, in relation to our obligations to determine employment eligibility and responding to requests pursuant to legal or regulatory process); and/or Other parties (e.g., litigants) within the limits of Additional Business Purposes. *Sale / Share:* None
Professional or Employment Information	Professional, educational, or employment-related information such as resumes, references, records of absence, annual leave, start date, performance rating, qualifications, certifications, professional memberships, job title role, end date and reason for termination, grievances and complaints, salary expectation, disciplinary action, benefits and entitlements data, previous work history, and drug test results (where permitted).	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 Insurance providers and brokers External auditors Governmental entities (for example, in relation to our obligations to determine employment eligibility and responding to requests pursuant to legal or regulatory process); and/or Other parties (e.g., litigants) within the limits of Additional Business Purposes. *Sale / Share:* None
1. Non-public Education Records	Education records directly maintained by an educational institution or party acting on its behalf, such as transcripts and educational degrees.	Disclosures for Business Purposes: General IT, software, and other business vendors HR system and software vendors Non-software HR vendors Governmental entities (for example, in relation to our obligations to determine employment eligibility and responding to requests pursuant to legal or regulatory process); and/or Other parties (e.g., litigants) within the limits of Additional Business Purposes. *Sale / Share:* None
2. Inferences from PI Collected	We may draw inferences from other information we collect about you, including profiles reflecting abilities, aptitudes, and behavior. For example, based on your performance or other information we may recommend skills training that may benefit you.	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 Insurance providers and brokers Governmental entities (for example, in relation to our obligations to determine employment eligibility and responding to requests pursuant to legal or regulatory process); and/or Other parties (e.g., litigants) within the limits of Additional Business Purposes. *Sale / Share:* None
3. Sensitive PI	Government Issued ID Numbers (social security, driver’s license, state ID card, or passport number)	Disclosures for Business Purposes: Vendors (e.g., records processors and data storage); and/or Other parties (e.g., litigants) 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: Vendors (e.g., records processors and data storage); and/or Other parties (e.g., litigants) 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)	Disclosures for Business Purposes: Vendors (e.g., records processors and data storage); and/or Other parties (e.g., litigants) within the limits of Additional Business Purposes. *Sale / Share:* None
	Personal Characteristics (racial or ethnic origin, religious or philosophical beliefs, or union membership)	Disclosures for Business Purposes: Vendors (e.g., records processors and data storage); and/or Other parties (e.g., litigants) 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: Vendors (e.g., records processors and data storage); and/or Other parties (e.g., litigants) within the limits of Additional Business Purposes. *Sale / Share:* None
	Health Information (PI collected and analyzed concerning an individual’s health)	Disclosures for Business Purposes: Vendors (e.g., records processors and data storage); and/or Other parties (e.g., litigants) within the limits of Additional Business Purposes. *Sale / Share:* None
	Sexual Orientation (PI collected and analyzed concerning an individual’s sexual orientation)	Disclosures for Business Purposes: Vendors (e.g., records processors and data storage); and/or Other parties (e.g., litigants) 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 permitted by applicable law, we do not treat deidentified data or aggregate consumer information as PI and we reserve the right to convert, or permit others to convert, your PI into deidentified data or aggregate consumer information, and may elect not to treat publicly available information as PI. We will not attempt to reidentify data that we maintain as deidentified.

Because there are numerous types of PI in each category of PI, and various uses for each PI type, our retention periods for each category of PI vary. We retain specific PI pieces based on how long we have a legitimate purpose for the retention.

YOUR RIGHTS AND HOW TO EXERCISE THEM

California Employees have the same rights to know/access, delete, correct, and opt-out as traditional Consumers and may learn more about these rights and how to exercise them here.

Non-Discrimination / Non-Retaliation

We will not discriminate or retaliate against you in a manner prohibited by the CCPA for your exercise of your privacy rights.

Notice of Financial Incentive Programs

We may offer discounts or other rewards (“Incentives”) from time-to-time to current employees that provide us with PI, such as name, phone number, e-mail address, IP address, or location. You may opt-in to Incentives, such as our employee referral program, by fulfilling the terms of such programs as defined by Human Resources (“Program(s)”). The Incentives will be described in the Program page, or at Program sign-up. We measure the value your PI collected in Programs by the cost of operating the applicable Program (excluding Incentive costs) and/or the cost of providing the Incentive. We deem the value of the PI to be reasonably related to the value of the Incentive, and by participating in these Programs you indicate you agree. If you do not, do not participate in the Programs. If you wish to withdraw from the Programs, please contact Human Resources. We do not limit Program participation to current employees that do not exercise their CCPA rights. However, a deletion request will not delete Program PI because it is necessary to maintain your participation in the Program. If you desire to delete Program PI, terminate your participation in the Program before making a CCPA deletion request.

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.

CONTACT US

If you have any questions, comments, or concerns about our HR privacy practices, please contact us by e-mail at privacy@essex.com. 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.