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California Consumer Privacy Act

Employee Disclosure.

Disclosure to Comply with Notice Obligation under section 1798.100(b) of the California Consumer Privacy Act (CCPA).

Fennemore (the “Firm”) believes that the collection of information should promote trust, respect individuals’ privacy, and be based upon a foundation of responsible security and privacy practices. We are committed to the proper handling of the Personal Information[1] collected or processed in connection with your employment relationship with us.

This disclosure describes categories of Personal Information we collect and the purposes for which we process that information in accordance with section 1798.100 (b) of the CCPA. The Firm utilizes authorized third-party organizations for employment payroll and benefit processes. Further, we collect, receive, maintain and/or share Personal Information with our service provider, payroll provider and our benefits administrators. The Firm does not sell Personal Information. The Firm stores your information for the purposes described in this policy for “business purposes” under the CCPA.  Please share this Notice with your references, emergency contacts, household members, dependents, spouse and/or domestic partner about whom you provide Personal Information to us.

Collecting Personal Information

Under the CCPA, the Firm is authorized to collect and process Personal Information under the listed categories of data below.

    • Identifier, including real name, alias, postal address, unique personal identifiers, email address, account name, social security number, driver’s license number, passport number or other similar identifiers. In this context, a “unique personal identifier” means a persistent identifier that can be used to recognize you, or a device that is linked to you, over time and across different services, including, but not limited to, a device identifier; an Internet Protocol address; cookies, beacons, pixel tags, or similar technology; unique pseudonym, or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers.
    • Characteristics of protected classifications Under California or federal Law, including the following: race, skin color, national origin, religion (includes religious dress and grooming practices) or creed, sex/gender (includes pregnancy, childbirth, breastfeeding and/ or related medical conditions), gender identity, gender expression, sexual orientation, marital status, medical condition, military or veteran status, request for family care leave, request for leave for an employee’s own serious health condition, request for pregnancy disability leave, age, and any other characteristic protected by law.
    • Professional or employment-related information, including job related data, maintained as part of the employment relationship that is present in: a job application or resume; an employment contract; a contractor agreement; a performance review; a disciplinary record; photos; information from employee expenses; browsing and search history; payroll and benefits related data; or internal and external contact information.
    • Employment and Personal Information listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), which includes, for example, your name, signature, social security number, physical characteristics or description, photograph, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, current employment, employment history, membership in professional organizations, licenses and certifications, bank account number, credit card number, debit card number, or any other financial, medical or health insurance information.  (Some Personal Information included in this category may overlap with other categories.)
    • Audio, electronic, visual or similar information, including activities and usage of the Firm’s electronic devices and systems, audio, electronic, visual and similar information, such as images and audio, video or call recordings created in connection with our business activities, as well as video cameras at the worksite and/or Firm-sponsored events.
    • Education information, including information about a person’s educational background, such as education records, degrees and vocational certifications obtained, report cards, and transcripts that is not publicly available.
    • Inferences, including any information drawn from any of the Personal Information categories referenced above to create a profile about an employee reflecting a person’s characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Purposes for Collecting Your Personal Information

Under the CCPA, the Firm may collect, use, or disclose your Personal Information for, or in the course of, one or more of the business purposes identified below.

    • To recruit employees, including to evaluate job applicants for employment, conduct employment related background screening and checks and to obtain and verify criminal history, motor vehicle records, credit history, and/or drug testing (as permitted by law).
    • To assess your ability, fitness, or eligibility to perform job duties and work.
    • To conduct performance-related reviews, including performance appraisals, career planning, skills monitoring, job moves, job duties, promotions and staff re-structuring including disciplines and/or terminations.
    • To monitor work-related licenses and credentials, including provisioning software licenses for use during an employee’s work-related responsibilities, ensuring compliance, training, examination, and other requirements are met with applicable regulatory bodies.
    • To provide our employees with Human Resources management services, including providing employee data maintenance and support services, administration of separation of employment, approvals and authorization procedures, administration and handling of employee claims including worker’s compensation claims.
    • To maintain your contact information, including altering your details across relevant entities within groups of companies (for example personal, other employment and transferring roles).
    • To assist you in case of emergency, including maintenance of contact details for you, and your dependents in case of personal or business emergency.
    • To verify and monitor eligibility to work in the U.S., which means monitoring and ensuring compliance of employees’ ability to work in the U.S.
    • To conduct healthcare-related services, including conducting employment-related medical screenings for return to work processes and medical case management needs; determining medical suitability for particular tasks; identifying health needs of employees to plan and provide appropriate services, including operation of sickness policies and procedures; and providing guidance on fitness for travel.
    • To comply with applicable law or regulatory requirements, such as legal (local, state and federal) and internal Firm reporting obligations, including headcount, management information, demographic and health, safety, security and environmental reporting, and laws that require businesses to collect, monitor, maintain or disclose certain records regarding applicants, employees or contract workers.
    • To engage in corporate transactions requiring review of employee records, such as for evaluating potential mergers and acquisitions of the Firm.
    • To accomplish our business purposes and objectives, including, for example, using Personal Information to develop, improve, repair and maintain our products and services;
    • Perform accounting, audit, and other internal functions;
    • To maintain and protect the rights, security, health and safety of job applicants, employees, clients and others, as well as our facilities, premises, electronic systems (including email, phones and internet use) and other Firm property;
    • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
    • To provide you with information, products or services related to the job opportunity or employment or as requested by you from the Firm;
    • To provide you with notices or announcements concerning business operations, opportunities, or policies that may be relevant and/or of interest to you;
    • To fulfill or meet the reason for which the information was provided to the Firm;
    • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by the Firm is among the assets transferred.

The Firm will retain your information for as long as is necessary for the purposes set out in this Notice or to operate the Firm’s business and comply with our legal obligations, resolve disputes, and enforce our agreements and written policies.  We will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated, or incompatible purposes without providing you notice.  If you are employed by the Firm, we will notify you of any other policies that affect your privacy.

Data Subject Rights•

As an Applicant or Employee, you have the following rights regarding our Collection and use of your Personal Information, subject to certain exceptions:

    • Right to Receive Information on Privacy Practices You have the right to receive the following information at or before the point we collect it:
      • The categories of Personal Information to be collected;
      • The purposes for which the categories of Personal Information are collected or used;
      • Whether or not that Personal Information is sold or shared;
      • If the business collects Sensitive Personal Information,[2] the categories of Sensitive Personal Information to be collected, the purposes for which it is collected or used, and whether that information is disclosed; and
        • The length of time the business intends to retain each category of Personal Information, or if that is not possible, the criteria used to determine that period.

We have provided such information in this Notice, and you may request further information about our privacy practices by contacting us at the contact information provided below.

    • Right to Request Deletion You may request that we delete any Personal Information about you that we collected from you.
    • Right to Request Correction You may request that we correct any inaccurate Personal Information we maintain about you.
    • Right to Know You may request that we provide you with the following information about how we have handled your Personal Information in the 12 months preceding your request:
    • The categories of Personal Information we collected about you;
      • The categories of sources from which we collected such Personal Information;
      • The business or commercial purpose for collecting or disclosing Personal Information about you;
      • The categories of Third Parties with whom we disclosed such Personal Information; and
        • The specific pieces of Personal Information we have collected about you.
    • Right to Receive Information About Onward Disclosures: You may request that we disclose to you
      • The categories of Personal Information that we have collected about you; and
        • The categories of Personal Information we have disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose.
    • Right to Non-Discrimination You have the right not to be discriminated against for exercising your data subject rights. We will not discriminate against you for exercising your data subject rights. For example, we will not make hiring, firing, promotion, or disciplinary decisions based on or in consideration of your exercise of your data subject rights. We also will not deny goods or services to you, charge you different prices or rates, or provide a different level of quality for products or services as a result of you exercising your data subject rights.
    • Rights to Opt-Out of the Sale and Sharing of Your Personal Information and to Limit the Use of Your Sensitive Personal Information You have the right to opt-out of the Sharing of your Personal and Confidential Information. You also have the right to limit the use of your Sensitive Personal Information to the purposes authorized by the CCPA. We do not Sell or Share Personal Information. Further, we do not use Sensitive Personal Information for purposes beyond those authorized by the CCPA. For purposes of the CCPA, a “Sale” is the disclosure of Personal Information to a Third Party for monetary or other valuable consideration, and a “Share” is the disclosure of Personal Information to a Third Party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration.

Exercising Data Subject Rights.

Applicants and Employees may exercise your data subject rights by contacting Kurt Bergthold at kbergthold@fennemorelaw.com, or by calling toll-free 1-888-916-5809. You may also authorize an agent to make a data subject request on your behalf, and the authorized agent may do so via the above-listed submission methods.

Verification of Data Subject Requests.

We may ask you to provide information that will enable us to verify your identity in order to comply with your data subject request. In particular, if you authorize an agent to make a request on your behalf, we may require the agent to provide proof of signed permission from you to submit the request, or we may require you to verify your own identity to us or confirm with us that you provided the agent with permission to submit the request. In some instances, we may decline to honor your request if an exception applies under the CCPA. We will respond to your request consistent with applicable law.

[1] “Personal Information” is defined as information that identifies, relates to, or could reasonably be linked with you or your household.

[2]Sensitive Personal Information” is a specific subset of personal information that includes certain government identifiers (such as social security numbers); an account log-in, financial account, debit card, or credit card number with any required security code, password, or credentials allowing access to an account; precise geolocation; contents of mail, email, and text messages; genetic data; biometric information processed to identify a consumer; information concerning a consumer’s health, sex life, or sexual orientation; or information about racial or ethnic origin, religious or philosophical beliefs, or union membership.