(Version 1.0 | Rev 01/01/2023)
This Employee Privacy Notice (“Privacy Notice”) describes the collection, use, retention, and sharing of your personal information through the course of your tenure with SPECTRAFORCE TECHNOLOGIES INC., and its subsidiaries, and affiliates (“SPECTRAFORCE”, “we,” “us,” or “our”).
This Privacy Notice applies to personal information collected from personnel of SPECTRAFORCE. The term “personnel” includes employees, applicants who have received a conditional offer, and those that work on a non-permanent basis, such as temporary and contract workers, independent contractors, consultants, and interns.
II. COLLECTION, USE, AND RETENTION OF PERSONAL INFORMATION
During the course of your tenure with SPECTRAFORCE, we collect personal information about you, as well as personal information related to your spouse, emergency contact (s), legal dependent(s), or family member(s) (collectively, “Dependents”), where there is a legitimate reason to do so in connection with our relationship with you. To the extent we collect personal information on your Dependents, you should inform your Dependents that you are providing this information to us and why, and make sure that it is acceptable to them. We will retain this information for seven (7) years, unless otherwise disclosed below, or until we have received a request to delete this information.
A. Information Collected From Employees
Through your tenure with SPECTRAFORCE, SPECTRAFORCE will collect personal information for:
- Conditional Job Offer. When you receive a conditional job offer with SPECTRAFORCE, we collect from you your personal identifiers (name, email address, physical address, telephone number), your professional or employment information (resume, cover letter, employment history, and educational history/information, credentials, license), criminal history, sensitive personal information (social security number, date of birth, and driver’s license number, state identification card number, or passport number), protected categories (race, gender, ethnicity, disability status, military or veteran status/spouse status, age range.), vaccination status (documentation and/or card, if applicable), health information (pre-employment screenings, vaccination status), tax information (federal and state tax forms), work authorization status, emergency contact information, and payment information (bank details, routing and account number). We use this information to conduct pre-employment background screenings, verify work authorization, and as necessary to comply with applicable laws.
- Administer compensation and/or benefits. We collect from you as well as from governmental entities, your identifiers (name, telephone number, physical address, email address (if provided), date of birth,), sensitive personal information (Social Security number, driver’s license number, state identification number, and/or passport (if provided)), protected classifications (marital status, age, gender, disability status (if provided), veteran status (if provided)), beneficiary information (name, telephone number, email address, date of birth, social security number), health information for ADA, FMLA, and workplace accommodations (if applicable), financial information (bank account and routing number), and professional or employment-related information (hours worked, meal and rest breaks). We use this information to administer compensation and benefits, such as medical, dental, and retirement benefits, as applicable to you. We also collect from you your Dependents’ identifiers (name, telephone number, physical address, email address (if provided), date of birth), protected categories (marital status, gender), and sensitive personal information (Social Security number). We use this Dependent information to process their eligibility as your dependents for the purpose of benefits, and administer enrolled Dependent’s benefits.
For independent contractors, we will collect your W-9 Information, business name, business registration information, Social Security number or Taxpayer Identification Number (TIN), and business insurance policy information.
- Administer reimbursements. We collect from you and from our payment card vendors, your identifiers (name, physical address), financial information (bank account and routing number), corporate financial information (SPECTRAFORCE-issued credit card), purchases through SPECTRAFORCE’s travel service, and details of travel or expenses incurred in connection with your tenure. We use this information to issue reimbursements.
- Career Development. We collect, from you, your identifiers (name) and professional or employment-related information (licenses, credentials, employment history, resume/CV, disciplinary evaluations, performance reviews, terms and conditions of employment) and educational information (educational institution). We use this information to identify, deliver, and track training needs and outcomes, to help with career development, succession, planning, and workforce management and to manage professional requirements, certifications and memberships and to manage relationships with vendors.
- Conduct performance reviews. We collect from you your identifiers (name) and professional information (licenses, credentials, employment history, educational history, resume/CV) and create inferences based on this information regarding overall performance and future performance. We use this to conduct performance reviews and evaluate personnel for internal opportunities.
- Conduct background checks. We collect your identifiers (name, address history, date of birth), criminal history information, and sensitive personal information (Social Security number). We use this information to conduct third-party background checks for employment purposes. Once you receive a conditional offer letter for a position with SPECTRAFORCE we also collect from credit reporting agencies your commercial information, i.e., credit report (open lines of credit, outstanding balances, auto or student loans, foreclosures, late or missed payments, any bankruptcies and collection accounts, and other information returned in your credit report). We use this credit check to assess your fitness and suitability to the role you have applied for.
- Create a personnel file. We collect, from you your identifiers (name, date of birth, telephone number, physical address, date of birth), commercial information (credit report information which may include employment and education history, criminal history, military service, professional references), health information (vaccination status), emergency contact information, referral information, and professional or employment-related information (licenses, credentials, employment history, references, educational history, resume/CV, disciplinary evaluations, performance reviews, terms and conditions of employment, skills, qualifications, experience, travel history, professional/occupational memberships, and time-off work), and inferences from analysis of this information. We use this personal information to maintain your personnel file, create personnel biographies, and for internal recruitment purposes (assessing your eligibility for other positions within SPECTRAFORCE).
- Handle general human resources functions. We collect, from you, your identifiers (name, email address, telephone number, physical address), your protected classification (work authorization status), and your Dependent’s identifiers (name, address, email address, telephone number) and Dependent’s protected category (marital or family status). We use this information to handle general human resources functions, such as personnel support, termination, and emergency contact procedures.
- Issue tax forms. We collect, from you, your identifiers (name, physical address, Social Security number, date of birth) and tax information (marital status, withholding details). We use this information to issue tax forms and comply with tax reporting requirements.
- Monitor compliance with equal opportunities and anti-discrimination laws. We collect, from you, as well as from governmental entities, and background check providers protected classifications (race, color, national origin, ethnicity, age, citizenship status, sex, military or veteran status/spouse status, any disabilities you may have). We use this information to comply with our obligations under these laws, equal opportunities and anti-discrimination laws.
- Monitor work-related licenses and credentials. We collect from you as well as from educational institutions, personal and professional references your identifiers (name) and your professional information (licenses, credentials, employment history, educational history, resume/CV). We use this information to manage work-related licenses and credentials.
- Promote safety and security. We collect from you and automatically from closed circuit cameras your physiological characteristics (photographs, images, video from closed-circuit cameras). We collect this information from you and closed-circuit cameras. We use the photographs and images to create security badges to promote the safety and security of SPECTRAFORCE employees, contractors, visitors, customers, and consumers.
- Participate in recorded telephone calls and videoconference calls. We collect from you your physiological characteristics (images and video of your physical appearance) and auditory information (recording of your voice) while you participate in a telephone conversation on a recorded telephone line or videoconference. We collect this information to facilitate the communication with clients, business partners, and other third parties with whom we communicate, compliance purpose, training, and quality assurance.
- Implement our diversity, equality, add inclusion programs. We collect from you your protected categories (race, color, national origin, ethnicity, sex (including pregnancy, childbirth, and related medical conditions), disability, age, citizenship status, marital status, sexual orientation, gender identity and gender expression, veteran or military status/spouse status). With your consent, we use this information to implement our diversity, equality, and inclusion programs.
B. Information We Collect From Third Parties
During your employment with SPECTRAFORCE, we collect personal information from the following third parties for the purposes described below.
- Verify your education. We collect from you as well as from background check providers, and education institutions, your non-public education information (verification of education level completed, verification of dates enrolled in educational institutions). We use this information to verify your education for employment purposes.
- Verify your employment history. We will collect your employment information (employment history) from your previous employers. We will use this information to verify the accuracy of the information you provide to us during the application process.
- Review drug test results. When we request a drug test, we will collect from the drug test provider your health information (the results of the drug test). We will collect this information to determine whether you are taking any illegal substances. If the drug test results identify marijuana in your body, we may collect your medical marijuana card information to confirm you are legally permitted to consume marijuana.
- Information from references. When you provide references with your application, we will receive from your references your professional or employment information (confirmation of details on your resume/CV, certifications, qualifications, employment history, educational history) and inferences drawn from your references, such as their thoughts on your behavior, intelligence, abilities, and aptitudes. We use this personal information to assess your suitability for the position for which you have applied.
- Health or Vaccination Providers. We receive the conclusions drawn from your health examination, eye exam, and vaccination status (i.e., whether you passed the examination or have the requisite vaccinations, and not your health information) from the health examination/vaccination provider. We use this information to determine whether you fulfil our health examination or vaccination requirements.
C. Information We Collect Automatically via Cookies and Other Trackers
During your employment with SPECTRAFORCE, we automatically collect personal information for the purposes described below when you use SPECTRAFORCE property within the scope of your employment.
- Conduct IT security and management: We collect information when you use the SPECTRAFORCE systems, internet and electronic network activity information (username, password, IP address, browsing history, search history, websites visited, interactions with websites, system login date and time). We use this information to ensure compliance with SPECTRAFORCE’S policies and procedures, to protect data assets of SPECTRAFORCE, for authentication purposes, and to provide IT support. We also collect additional information as may be included in phone recordings, email, or other messaging correspondence conducted on or through SPECTRAFORCE devices.
III. HOW WE SHARE YOUR PERSONAL INFORMATION
We share your personal information as follows:
- Within SPECTRAFORCE. We share personnel information within SPECTRAFORCE to receive IT services/security, Human Resources, tax and accounting, and general business and employment management. Access to personal information is limited to those on a need-to-know basis.
- With Service Providers. We will share your personal information to our service providers to assist us in managing and administrating your tenure. These service providers include IT support, health insurance, payroll, expense processing, benefits plans, and professional advisors (accountants, legal).
- With Third Parties. We will share your personal information with third parties, such as legal advisors, law enforcement agencies, or governmental/regulatory bodies in order to protect our legal interests and other rights, protect against fraud or other illegal activities, for risk management purposes, and to comply with our legal obligations.
- During a corporate reorganization. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, acquisition, sale, joint venture, assignment, consolidation, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we will share personnel personal information.
- With our Clients or Managed Service Providers. We share personnel information with the entity with which you applied and the Managed Service Provider that serves as an intermediary with our Client to provide our service to you and to our Client.
- Legal Purposes. We will share personal information where we are legally required to do so, such as response to court orders, law enforcement, or legal process including for national security purposes; to establish, protect, or exercise our legal rights, as required to enforce our agreements or other contracts; to defend against legal claims or demands; or to comply with the requirements of any applicable law.
Sharing in the Preceding Twelve (12) Months
For Business Purposes. In the preceding twelve (12) months, SPECTRAFORCE has disclosed the following categories of personal information for a business purpose to the following categories of third parties: We have disclosed your personal identifiers, protected classifications, professional or employment related information, internet or other electronic network information, and your customer records information to service providers that help us perform employment-related functions, including whether you meet the qualifications for the position for which you applied. These service providers include IT support, background check companies, payroll processors, expense processors, health insurance providers, Clients, Managed Service Providers, and benefits providers.
- We have disclosed your personal identifiers and internet or other electronic network information to IT support to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and to identify and repair errors that impair functionality.
- We have disclosed your personal identifiers and internet or other electronic network activity information to IT support to help us maintain the quality and safety of SPECTRAFORCE devices or to improve, upgrade, or enhance SPECTRAFORCE devices.
For Sale or Sharing. SPECTRAFORCE does not sell or share personnel personal information.
IV. RIGHTS OF CALIFORNIA EMPLOYEES
The California Privacy Rights Act, (CPRA) entitles California residents to certain rights. To the extent the CPRA applies to our processing of your personal information, you are entitled to the following rights:
- Right to Access/Know. You have the right to request what personal information we have collected, used, disclosed, and sold about you, unless doing so proves impossible or would involve disproportionate effort.
- Right to Deletion. You have the right to request the deletion of your personal information that we collect or maintain, subject to certain exceptions. Once we receive your request to delete and confirm your identity, we will delete (and notify any service providers or third parties, who we have shared or sold your personal information to, to delete) your personal information, unless an exception applies under applicable law.
- Right to Opt-Out of Sale/Sharing. You have the right to opt-out of the sale or sharing of your personal information to third parties. SPECTRAFORCE does not have actual knowledge that it sells or shares personal information of minors under the age of sixteen (16) years. SPECTRAFORCE does not sell or share personnel personal information.
- Right to Non-Discrimination. You have the right to not receive discriminatory treatment if and when you exercise your rights to access, delete, opt-out, correct, or limit use of sensitive personal information under the CPRA.
- Right to correct. You have the right to correct inaccurate personal information that we collect or maintain.
To exercise your right to access/know, correct, or delete your personal information, you may submit a request toll-free at 1-800-762-6318 or via email firstname.lastname@example.org. You can also exercise your rights by visiting our California Privacy Rights Act page. For requests submitted via telephone or email, you must provide us with sufficient information that allows us to reasonably verify you are the person about whom we collected the personal information and describe your request with sufficient detail to allow us to properly evaluate and respond to it. If we are not able to verify your identity for access and deletion requests with the information provided, we may ask you for additional pieces of information.
Using an Authorized agent
Only you, or a person that you authorize to act on your behalf, may make a request related to your personal information. If a consumer is using an authorized agent to submit a CCPA/CPRA privacy request to know (disclosure report) or delete their personal information, the following is required.
- Using an authorized agent without power of attorney to submit a request to know or delete
- Signed permission from the consumer authorizing the agent to submit the CCPA privacy request(s) on their behalf. Describe the type of privacy request(s) being requesting (know/disclosure report and/or deletion).
- The consumer must verify their own identity directly with the us by submitting information or documentation that provides sufficient proof of identification, such as:
- a Social Security number or a copy of a social security card issued by the Social Security Administration,
- a certified or official copy of a birth certificate issued by the entity authorized to issue the birth certificate, or
- a copy of a driver’s license, an identification card issued by the motor vehicle administration, or any other government issued identification.
- Using an authorized agent with power of attorney to submit a request to know or delete: If you have provided the authorized agent with power of attorney pursuant to California Probate Code sections 4000 to 4465, provide only the following: the valid power of attorney executed lawfully under California Probate Code sections 4121 to 4130.
- Using an authorized agent to submit an opt-out request: Please provide written permission, signed by the consumer, authorizing the agent to submit the opt-out request.
We implement and maintain reasonable security measures to protect the personal information we collect and maintain. These security measures include encryption, access controls, and employee training. However, no security measure or modality of data transmission over the Internet is 100% secure and we are unable to guarantee the absolute security of the personal information we have collected from you.
VI. CHANGES TO THIS PRIVACY NOTICE
This Privacy Notice is subject to change at the sole discretion of SPECTRAFORCE. If we make any changes, we will announce those changes by email and on our website and we will indicate the date the changes go into effect. If we make any changes that materially affect your privacy rights, we will announce those changes by email and on our website, and obtain your consent, if required.
VII. CONTACT US
For questions about this Privacy Notice, please contact your Human Resources at email@example.com.