California Employee and Contractor Privacy Notice

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Tyson & Mendes LLP (“Tyson & Mendes”, “we”, “us”, or “our”) provides this California Contractor, Employee, and Job Applicant Privacy Notice (“Privacy Notice”) to describe how Tyson & Mendes collects, uses, stores, and shares your information when you perform work for Tyson & Mendes.

 

Relevant Definitions

Term Definition
Personal information Information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you or your household.
Sensitive personal information Social security number, driver’s license number, state identification card, passport number, account log-in and password, financial account and password, debit or credit card number and access code, precise geolocation information, race, ethnic origin, religious or philosophical beliefs, the content of your mail, email or texts other than those communications with us, genetic data, biometric information, health information, and information that concerns your sexual orientation.
Sell, sale, or sold Selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or other means, your personal information to a third party for money or other valuable consideration.
Share or shared Sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by other means, your personal information to a third party for “cross-context behavioral advertising,” whether or not for money or other valuable consideration.

What Type Of Information Do We Collect?

We may collect the following information from and about you when you perform work for Tyson & Mendes. Those categories marked with an * contain sensitive personal information.

  • Basic Identifying Information.* Information such as your name, address, telephone number, email address, employee number, vehicle information, social security number, driver’s license number, passport number, state identification number, signature, or similar identifiers.
  • Financial Information.* Information such as payroll, tax identification and other tax and insurance information, bank account or other similar account where work related payments are made, expense reports, related credit card statements, and 401K plans and related information.
  • Government Issued Identifiers.* Information such as social security numbers, work authorization information, passport and visa information, and immigration status and immigration-related documentation.
  • Dependent’s Information. Information such as a dependent’s full name, address, date of birth, government identifiers, and emergency contact information.
  • Educational and Professional Information.* Information such as information related to work experience history, educational history and degrees attained, interview notes, professional and other certifications, other job qualification criteria, and information we may obtain (directly or indirectly through a service provider) when conducting a background check such as relative to references, criminal history, credit history, drug-check, finger-print check, and other screening results that may be applicable.
  • Insurance / Benefits Information*. Information such as health and other information related to leave and other benefits administration; health insurance; worker’s compensation insurance; life insurance; and other insurance and required claims information relative to the employee as well as any family members enrolled in the employer’s benefits.
  • Health and Safety Information*. Information such as health conditions and disabilities (if relevant to your employment), job restrictions, workplace illness and injury information, health insurance policy information.
  • Information From Public Sources. Information gathered from publicly available sources such as LinkedIn, professional networks, directories, or internet publications.
  • Device Identifiers and other Unique Identifiers. Information such as your device identifier, internet protocol (IP) address, cookies, beacons, pixel tags, mobile ad identifier, and other unique identifiers when you use our sites and networks.
  • Internet or Other Network Activity. Information such as your browsing or search history, and other information regarding your interactions with our Websites, emails, and advertisements.
  • Employment Related Information.* Information such as details regarding the terms of the employment; salary and benefits information; work travel information; dates and hours of work; attendance during the period of employment; and paycheck and/or compensation history.
  • Biometric Information.* Information such as facial recognition, fingerprints, iris/retina scans, keystroke, or other physical patterns.
  • Geolocation Information. Information such as time and physical location related to use of an internet website, application, device, or physical access to our office locations.
  • Sensory / Surveillance Information. Information such as call monitoring and video surveillance.
  • Employee Staffing and Survey Information. Information such as information about an applicant/employee’s preferences, characteristics, attitudes, job satisfaction; information about perceptions regarding an employee’s attitude, intelligence, abilities, aptitude, and information about job criticality and leveling used for staffing and promotion purposes.
  • Demographic Information.* Information such as your age, race, color, national origin, sex, sexual orientation, gender, gender identity, gender expression, religious creed, mental disability, physical disability, medical condition, military / veteran status, marital status, genetic characteristics, ancestry, and information concerning reproductive health decision making.

 

How Do We Collect Your Information?

We collect your information:

  • Directly from you. We collect information directly from you verbally or in other communications, directly through your use of our emails, websites, networks, and company devices, and when you otherwise provide this information.
  • From other employees and contractors. We collect information from other employees and contractors that may have worked with you or assessed you.
  • Automatically Using Online Technologies. When you visit our websites, open or click on emails we send you, or interact with our networks and devices, we or other third parties may automatically collect certain information about you including through technologies such as cookies, pixels, web beacons, software developer kids, and related technologies.
  • From Our Partners. We collect information from our third party partners, such as background check vendors, benefits vendors, and other related partners.

 

How Do We Use Your Information?

We use your information for a variety of purposes, including to:

  • Provide you with compensation and benefits administration, including payroll, bonus, 401K administration, and all other applicable incentive administration, insurance and other benefits.
  • Administering the workforce, including managing work activities and business travel, evaluating job performance or transfer requests, producing and maintaining corporate organization charts, entity and intra-entity staffing and team management, employee training, leave management/approvals, succession planning, providing references as requested, and determining fitness for duty.
  • For financial or risk management, including fulfilling our audit requirements, and accounting and cost/budgeting analysis and control.
  • In order to fulfill our legal, regulatory, administrative and organizational obligations, including compliance with employment and immigration laws, and applicable tax and other legislation.
  • Conducting internal audits and workplace investigations, including with our partners and advisors.
  • Maintaining commercial insurance policies and coverages, including for workers’ compensation and other liability insurance.
  • Monitoring and ensuring compliance with applicable Company and client policies and procedures, including employee and HR related policies.
  • Managing compliance with client contract requirements, including those ordered as a matter of law.
  • Managing corporate information technology, including helpdesk, corporate directory, IT support, and IT security.
  • Conducting security screenings, to the extent permitted by law.
  • For employment qualification, verification, and other background checks, including recruiting and evaluating job applicants.
  • Engage in corporate transactions, requiring review of employee records, such as for evaluating potential mergers and acquisitions.
  • Perform workforce analytics, data analytics, and benchmarking.
  • Administer and maintain our operations, including for safety purposes.
  • Exercise or defend our legal rights, including our employees, affiliates, customers, contractors, and agents.
  • Business Functions, such as to support our core business functions, including to maintain records related to business management, loss prevent, collecting amounts owed, and identifying and repairing errors or problems in our functions.

 

How Do We Disclose Your Information?

We may disclose or share your information for the following purposes:

  • With your Consent. We may disclose or share your information with your consent, which may be obtained in writing; online, through “click-through” agreements; when you accept the terms of use on our Websites; orally, either in person or on the phone; or by other means.
  • In a Business Transfer. We may disclose or share your information as part of a corporate business transaction, such as a merger or acquisition, joint venture, corporate reorganization, financing, or sale of company assets, or in the unlikely event of insolvency, bankruptcy, or receivership, in which such information could be transferred to third parties as a business asset in the transaction.
  • To Affiliated and Non-Affiliated Third Parties. We may disclose or share your information with certain affiliated and non-affiliated third parties to facilitate your access and use of our Websites, our Services, and to provide us with certain business functions, including but not limited to sharing your information with third parties to administer the workforce, monitor and ensure compliance with our procedures, respond to requests and legal demands, share with external advisors, banks, insurance carriers, benefits providers, and other third parties, administer compensation, administer benefits, internet service providers, advertising networks, data analytics providers, governmental entities, operating systems and platforms, experts, social medial networks, and service providers who provide us a service (e.g., auditing, marketing, debugging to identify and repair errors that impair existing intended functionality on our Websites, and/or protecting against malicious, deceptive, fraudulent, or illegal activity).
  • For Legal Process And Protection. We may disclose or share your information to satisfy any law, regulation, legal process, governmental request, or where we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to: (1) enforce or apply our agreements; (2) protect our interests, property, or safety of others; (3) in connection with claims, disputes, or litigation; and (4) to protect our Websites.

 

How Do We Protect Your Information?

Although no system can guarantee the complete security of your information, we take all commercially reasonable steps to ensure your information is protected in alignment with all applicable laws and regulations, as appropriate to the sensitivity of your information.

 

How Long Do We Keep Your Information?

We keep your information for as long as is necessary in accordance with the purpose for which it was collected, our business needs, and our legal and regulatory obligations. If we dispose of your information, we will do so in a way that is secure and appropriate to nature of the information subject to disposal.

 

Your Rights

We provide you with the ability to exercise certain controls and choices about how we collect, use, share, and store your personal information. Please note, we may take steps to verify your identity by matching the information you provide with your request with the information we have on file about you. Depending on the sensitivity of the information at issue, we may utilize more stringent verification methods, including but not limited to requiring you to sign a declaration under penalty of perjury.

To submit any of the requests below, or have a request submitted by your representative, please submit your request to communications@tysonmendes.com.

  • Right of Access. You have a right to ask that we disclose to you the categories and in some cases specific pieces of information we have collected about you, including information about from where we collected this information and how it has been shared.
  • Right to Delete. You have a right to ask that we delete your information, subject to appropriate legal exceptions such as, but not limited to, if the information is necessary to complete your application, continue your employment, or continue your contract.
  • Right to Correct Information. You have a right to ask that we correct your personal information, subject to certain exceptions and limitations.
  • Non-Discrimination. We will not discriminate against you in any way if you exercise your rights under this policy.

 

Notice of Collection

 

Notice of Disclosure for a Business Purpose

To learn more about the categories of personal information we have disclosed for a business purpose and the categories of third parties with whom we’ve disclosed such information, please see What Type Of Information Do We Collect? and How Do We Disclose Your Information?

 

Notice of Sale or Sharing

We do not sell or share your personal information. We do not sell or share the personal information or sensitive personal information of any California resident who is 16 years or younger.

 

Notice of Processing Sensitive Personal Information

We do not use your sensitive personal information other than as permitted under the CCPA. Specifically, we do not use sensitive personal information of California residents to derive characteristics about California residents.

 

Accessibility

If you have a disability, you may access this Privacy Notice and other notices in an alternative format by contacting: communications@tysonmendes.com.

 

Changes

We may change this Privacy Notice from time to time. Changes to this Privacy Notice will be provided via email or another method, as appropriate under applicable law. The last updated date will be stated at the top of this Privacy Notice.

 

Contact

Brynne MacEachern, HR & Employee Relations Director, bmaceachern@tysonmendes.com