Workforce Privacy Notice
This Workforce Privacy Notice (“Notice”) explains the types of personal information that Greenberg Glusker (“we,” “us” or “our”) collects from and about our applicants, employees and contractors (collectively, our “workforce” or, individually, “you”). This Notice also explains how we use personal information about you, when we may disclose it to other parties, and, if applicable to you, your rights under local privacy law, such as the California Consumer Privacy Act (“CCPA”).
Contact us at [email protected] if you have questions or concerns about our privacy practices or your rights under this Notice.
1. When this Notice applies
This Notice only applies to personal information, as defined by applicable law, about you, including job applicants, that we process in connection with their roles in our workforce (“workforce information”). For clarity, “workforce information” does not include:
- business identifiers (like a business email address),
- information created by using our systems (like internet activity on a device we provide) or
- any publicly available personal information (like most names).
Other than workforce information, this Notice does not apply to any other personal information we process.
If a third party provided your workforce information to us on your behalf, such as a recruiter or other third party (“agent”), the agent’s privacy notice may also apply to that information. You should consult your agent about your agent collects, maintains, uses and discloses your workforce information.
Typically, we receive workforce information when you provide it to us. In certain other circumstances, such as when you act through an agent (such as a recruiter), we may also collect workforce information indirectly for similar purposes. Workforce information may include:
- identity information, such as your name, title, date of birth and gender;
- contact information, including your e-mail address, address and phone numbers;
- personal identifiers, such as social security numbers, drivers’ license numbers, passport numbers or proof of identity or residence; and
- employment and educational history or other background information about you.
- It is necessary for us to process the workforce information so that we can process employment applications and maintain our relationship with employees and contractors;
- It is necessary for business purposes, such as providing benefits to you (such as health insurance) or for other purposes related to your prospective or actual employment with us or your work for us as a contractor;
- It is necessary to comply with a legal or regulatory obligation, including verifying identity and residence; or
- You have consented to another use.
We call these reasons our “Purposes”. For clarity, we do not sell or share workforce information or use workforce information to infer characteristics about you.
(b) Contractors. We contract with companies or individuals to fulfill certain services for workforce to track and process employment applications and other entities to provide insurance services and employee benefits. We call them our “Contractors.”
We may disclose workforce information to Contractors for any Purpose and as appropriate for them to perform their functions at our direction.
We may use Flo Recruit to process and track your employment application. Our agreement with Flo Recruit requires it to protect your workforce information and to comply with applicable privacy laws.
(c) Legal disclosures. We may otherwise disclose workforce information:
- in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us;
- when we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company, our workforce, or others; or
- in a corporate transaction involving us, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
4. Retention of workforce information
We retain workforce information for as long as reasonably necessary to fulfill the Purposes, such as satisfying our legal, regulatory, tax, accounting or reporting requirements.
To determine the appropriate retention period for workforce information, we consider the amount, nature and sensitivity of the workforce information, the potential risk of harm from unauthorized use or disclosure of your workforce information, our Purposes and whether we can achieve them through other means, and applicable legal, regulatory, tax, accounting or other record retention requirements. As a result, we may retain some of your workforce information after your work with us ends.
5. Privacy and security
We take commercially reasonable and appropriate technical and organizational precautions to protect your workforce information against loss, misuse, unauthorized disclosure, alteration, and destruction. We also protect workforce information through other policies, including limiting access to such information to our employees with a need to know and maintaining it securely on our servers.
However, please remember that no security measures can be guaranteed to be 100% secure. If you believe your workforce information has been improperly accessed or disclosed, please contact us immediately at [email protected].
We ask that you keep the workforce information that you provide to us current and correct or update any of your workforce information by contacting us.
We reserve the right to change this Notice at any time. If we make material changes to this Notice, we will notify to current workforce and will use commercially reasonable efforts to notify past workforce.
To submit questions or concerns about this Notice or update your workforce information, please contact us at [email protected] with “Workforce Privacy” in the subject line or write to us at Greenberg Glusker, 2049 Century Park East, Suite 2600, Los Angeles, California 90067 attention: Jennifer Romero.
9. Additional privacy rights
This section applies to you only if you reside in California or another U.S. state where applicable data-privacy law confers rights upon employees or contractors substantially similar to those in CCPA.
Rights under CCPA
The California Consumer Privacy Act (“CCPA”) provides California residents certain rights regarding their Personal Information (as defined in CCPA). For clarity, we do not use any Personal Information to infer characteristics about workforce, so no workforce information is deemed to be “sensitive personal information” under CCPA.
The categories of Personal Information we collect are generally described in Types of workforce information. These categories depend on your relationship with us (for example, whether you are a current or past applicant, employee or contractor). We use Personal Information for the Purposes described above.
CCPA grants these rights:
(a) Right to Know, Access, Correct and Delete
A California resident may request to know which of their Personal Information we have collected, processed, disclosed for a business purpose, shared or sold in the last twelve (12) months.
A California resident also has a limited right to request that a business delete Personal Information upon receipt of a verifiable request. We may deny deletion requests, in whole or in part, with respect to information we reasonably need to:
- comply with a legal obligation
- allow you, other workforce or consumers, or us to exercise free-speech rights or other legal rights
- perform a contract with you; or
- if we use the information for solely internal purposes reasonably aligned with consumer expectations.
A California resident also has the right to request that we correct inaccurate Personal Information. We also ask that you proactively inform us of any changes to your workforce information in keeping your information current.
If you wish to exercise any of these rights, see Submitting Requests.
(b) Rights to Opt-Out of Sharing/Sale and Limit Use of Sensitive Personal Information
We do not share or sell workforce information or use it for advertising purposes. Because we do not infer characteristics about you using Personal Information, and we limit all of our use of workforce information to our Purposes, we do not provide a mechanism to limit the use of sensitive personal information.
(c) No Retaliation
The CCPA prohibits us from discriminating against you if you exercise rights under CCPA. Your right of no retaliation doesn’t need to be exercised. We never retaliate against anyone exercising their rights under CCPA.
To submit a request to exercise a CCPA right, please Contact us.
(e) Verifying Requests
We verify requests by first confirming the source of the request and then by matching the information submitted to the information we maintain. If your request is unclear or we are unable to authenticate your identity, we will respond with direction on how to remedy the deficiencies, in accordance with law that applies to you.
If we cannot verify the identity of the individual making the request, we may deny it, in full or in part.
(f) Responding to Requests
We will respond to your request as quickly as we can, taking into account the nature of your request and the volume of pending requests. For California residents, we will confirm receipt of your CCPA request within 10 business days and will substantively respond within 45 days, unless we provide an explanation why an additional 45 days is necessary. California residents may submit rights requests through an authorized agent.
We may request proof that the person who is the subject of the request authorized an agent to submit a privacy request on their behalf. The content of our response will vary with the nature of your request, but we will always respond in accordance with any deadlines or requirements specified by the laws that apply applies to you.
Under certain circumstances, we may be unable to provide responsive personal information, such as when disclosure would create a substantial, articulable and unreasonable risk to the security of the information, individuals’ account with us, or the security of our systems or networks. We do not disclose account passwords or any other non-personal information that enables access to a user account.
Please understand, however, that we reserve the right to retain an archive of any information about you, to the extent permitted by law. We may also retain deidentified or aggregate data derived from information about you.