Staffmark Group, LLC and its subsidiaries Staffmark Investment LLC (also doing business as Advantage Resourcing, Digital People, Employee Management Services, Hunter Hamilton, Pro Staff, and Ware Technology Services), Hire Thinking, Inc. dba Advantage XPO, Advantage Technical Resourcing, Inc., and Advantage Technical Services, Inc. (collectively “Staffmark”) adopt this Privacy Notice to California Employees and Job Applicants Regarding the Collection of Personal Information (the “Privacy Notice”) to comply with the California Consumer Privacy Act as amended by the California Privacy Rights Act (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this Privacy Notice. Employees and job applicants with disabilities may access this Privacy Notice in an alternative format by contacting us at askprivacy@staffmarkgroup.com or (866) 765- 7544.

Staffmark is committed to protecting the privacy and security of your information. Staffmark is an employment and staffing company that, in the course of its business, asks job applicants, prospective employees, and employees to provide information necessary relating to their employment or prospective employment. This Privacy Notice describes how Staffmark collects and uses your personal information (data that identifies you as an individual or relates to an identifiable individual or household) (“Personal Information”) or sensitive personal information (data that reveals certain categories of information as defined in the CCPA) (“Sensitive Personal Information”), the categories of information it collects, and instances where Staffmark may disclose your information to third parties. Staffmark will only collect and process your information in accordance with this Privacy Notice, unless otherwise required by applicable law.

Categories of Personal Information Staffmark Collects and How We Use It

Staffmark collects and processes information from you for human resource, employment, and benefit administration purposes, and where necessary to comply with any local, state, and federal legal obligations. Staffmark obtains the categories of Personal Information and Sensitive Personal Information listed below directly from you and the information you provide during your job application process, your employee onboarding process, and during the selection of your benefits as an employee, including through any job or employment-related paperwork, the Staffmark website, and Staffmark’s employee intranet. Staffmark may obtain a background check and/or Consumer Report from a consumer reporting agency once an offer of employment is made.

Staffmark collects the following categories of your personal information:

• Personal identifiers you provide when you apply for a job, supply information for your benefits, or in context of your employment with us, such as your first and last name, address, email address, unique personal identifiers, nickname, telephone number, date of birth, signature, family name, including your mother’s maiden name, and online identifiers, username and/or account name. Staffmark collects this information to make an employment and/or job related decision that involves you, to fulfill or meet the reason you provided the information as a job applicant or employee, to provide you with employment with Staffmark, and/or use your information in order to secure your employment with another entity, to manage your employment relationship with us, and for general employee administration and processing (including employee payroll and benefits administration), to run a background and credit check before employment is offered to you, to determine your eligibility for employment, and to create, maintain, and secure your online employee accounts.
• Financial information such as banking information for direct deposit, debit card number, credit card number, tax selections, pay rate, PayCard information, payroll deduction information, and health insurance information. Staffmark collects this information for employee- related human resource administration (including employee payroll and benefits administration), processing work-related claims (for example, insurance or payment claims), and all related accounting and auditing.
• Benefit selection and related information such as your benefit selection, date of birth, health insurance information, policy number, and selections. Staffmark collects this information to administer benefit claims and for employee- related human resource administration.
• Protected classification and diversity information such as age, marital status, sex (including gender, gender identity, gender expression), and veteran or military status. Staffmark collects this information to comply with local, state, and federal laws and regulations, to implement Staffmark’s diversity and equity programs, and for benefits administration.
• Professional and employment-related information such as current or past employment history, salary information, employee status and title, job evaluations, employment status, work schedule, job assignments, hours worked, training and development information, performance evaluation information, disciplinary and counseling information, and termination information. Staffmark collects this information to make employment and/or job related decisions that involve you, to fulfill or meet the reason you provided the information as a job applicant or employee, to provide you with employment with Staffmark or use your information in order to secure your employment with another entity, to assess qualifications for a particular job or task, conduct performance reviews and determine performance requirements, for education, training, and development requirements, and to gather evidence for disciplinary action or termination, for other human resource administration purposes, and to administer and process employee benefits.
• Sensory data such as your audio and visual information. Staffmark collects this information when conducting interviews through video and voice calls through the HarQen application.
• Internet or other similar network connectivity, such as browsing history, search history, cookies, applications, email use, and interaction with Staffmark’s website.  Staffmark collects this information to improve your user experience, track and analyze website traffic, track your job and employee preferences and suggest opportunities for you, personalize your website experience, and to run analytics in order to analyze the use of and improve our websites. 
• Education information such as education history, grades, transcripts, and disciplinary history. Staffmark collects this information to evaluate and make an employment and/or job related decision that involves you, provide you with employment with Staffmark or use your information in order to secure your employment with another entity, obtain education verification, assess your qualifications for a particular job or task, conduct performance reviews and determine performance requirements, for education, training, and development requirements.
• Inferences drawn from personal preferences you provide to us, such as characteristics, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Staffmark collects this information to make safety assessments, and assess your qualifications and abilities for a particular job or task.
• Beneficiary Information of your beneficiaries and dependents, such as name and contact information, relationship to you, birth date, and any other information necessary to process benefits claims. Staffmark collects this information to administer and process any related benefit claims.
• Emergency Contact Information of person(s) you designate as your emergency contact(s) such as their name and contact information, and their relationship to you. Staffmark collects this information to maintain contact information should an emergency involving you arise during your employment.

Staffmark collects the following categories of your Sensitive Personal Information:

• Personal identifiers (for you or your beneficiaries) qualifying as Sensitive Personal information you provide when you apply for a job, supply information for your benefits, or in context of your employment with us such as your social security number, driver license number and expiration date, passport number, and/or other government identification numbers, and immigration and work authorization status. Staffmark collects this information to make an employment and/or job related decision that involves you, to fulfill or meet the reason you provided the information as a job applicant or employee, to provide you with employment with Staffmark, and/or use your information in order to secure your employment with another entity, to manage your employment relationship with us, and for general employee administration and processing (including employee payroll and benefits administration), to run a background and credit check before employment is offered to you, to determine your eligibility for employment, and to create, maintain, and secure your online employee accounts.
• Demographic or Protected Classification and Diversity information qualifying as Sensitive Personal Information such as racial or ethnic origin, citizenship status, physical or mental disabilities, or medical conditions. Staffmark collects this information to comply with local, state, and federal laws and regulations, to implement Staffmark’s diversity and equity programs, and for benefits administration.
• Health and Safety Information such as health conditions, if relevant to your employment, job restrictions, and workplace accident and illness information, Staffmark collects this information to maintain a safe workplace, assess your working capacity, administer health and Workers’ Compensation programs, and comply with applicable laws.
• Geolocation data that can be used to identify your physical location or movements. Staffmark collects this information to manage job assignments, determine assignment availability and allocation, determine employment status, track hours worked, and determine applicability of required training programs.
• Biometric information such as facial recognition, fingerprints, retina scans, hair follicles, urine, and saliva. Staffmark collects this information for time clocks and to ensure that employees properly log-in to Staffmark equipment, to ensure that authorized employees have access to secured locations, and for drug test screens.

Information relevant to the COVID-19 pandemic such as your temperature; travel information and history, including location and type of travel (e.g., whether you have traveled internationally or been in an area where COVID-19 is widespread); health screening questions, including whether you are experiencing related symptoms, symptom history, information whether you have been in contact with anyone exhibiting COVID-19 symptoms, and whether you have been in contact with anyone that has tested positive for COVID-19. Staffmark collects this information in an effort to curb the spread of COVID-19, to implement any sanitary measures necessary, to follow legally mandated procedures related to COVID-19, and to monitor and protect the health and safety of all employees and the public.

Disclosure to Third Parties

Staffmark does not sell, share or otherwise disclose your Personal Information or Sensitive Personal Information to any third parties for any monetary or other consideration. Sensitive Personal Information is only collected or processed to perform the services on behalf of the business listed above, to prevent detect or investigate security incidents, to resist malicious, deceptive or fraudulent or illegal action, to ensure the physical safety of natural persons, and to perform the services reasonably expected by you when you disclosed the information. Sensitive Personal Information is not used to infer characteristics about any consumer. Staffmark only discloses your information with service providers to the extent necessary in order to administer employee benefits, including for payment of wages, tax processing, health insurance, benefits administration, and in connection with its human resource activities, including running background checks, screening for benefit, employment, and disability eligibility, to determine employment verification, and for drug screening. Staffmark also discloses your information when required to by local, state, or federal law.

Any disclosure of COVID-19-related information to management and employees at locations where an employee that tests positive was working will be to the extent necessary for other employees in contact with them can self-isolate, monitor symptoms, and/or get a COVID-19 test, for sanitizing purposes, or to report to relevant authorities. The result of a positive test may also be shared anonymously with third-party cleaning services to the extent necessary that sanitizing action needs to be taken due to a positive test to protect the safety of other employees. This will continue until we are notified by the CDC or local authorities that we are no longer at risk.

Disclosure to This Privacy Notice

Staffmark does not sell, share[1] or otherwise disclose your Personal Information or Sensitive Personal Information to any third parties for any monetary or other consideration. Sensitive Personal Information is only collected or processed to perform the services on behalf of the business listed above, to prevent detect or investigate security incidents, to resist malicious, deceptive or fraudulent or illegal action, to ensure the physical safety of natural persons, and to perform the services reasonably expected by you when you disclosed the information. Sensitive Personal Information is not used to infer characteristics about any consumer. Staffmark only discloses your information with service providers to the extent necessary in order to administer employee benefits, including for payment of wages, tax processing, health insurance, benefits administration, and in connection with its human resource activities, including running background checks, screening for benefit, employment, and disability eligibility, to determine employment verification, and for drug screening. Staffmark also discloses your information when required to by local, state, or federal law.

Any disclosure of COVID-19-related information to management and employees at locations where an employee that tests positive was working will be to the extent necessary for other employees in contact with them can self-isolate, monitor symptoms, and/or get a COVID-19 test, for sanitizing purposes, or to report to relevant authorities. The result of a positive test may also be shared anonymously with third-party cleaning services to the extent necessary that sanitizing action needs to be taken due to a positive test to protect the safety of other employees. This will continue until we are notified by the CDC or local authorities that we are no longer at risk.

Retention

Staffmark retains your information in accordance with its retention policies which consider the expressly indicated purposes for which we have collected the information, the retention periods that are reasonably necessary to achieve that purpose and applicable laws.

California Rights

As a California resident you can make certain requests regarding your personal information. We will fulfill each of these requests per the requirements of California law. 

• You can request a copy of the personal information we have about you, including a list of categories of your personal information or sensitive personal information that we have shared with another company for a business purpose.
• You can request that we correct or delete your personal information or sensitive personal information, subject to certain exceptions.
• To exercise the California privacy rights described above, please email: AskPrivacy@staffmarkgroup.com or call us at (866) 765-7544. In compliance with the CCPA, we will ask you to provide documentation to verify your identity.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request to know, correct or delete your personal information.  You may only make a verifiable consumer request for data access twice within a 12-month period.

The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or your authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with information if we cannot verify your identity or your representative’s authority to make the request and confirm the personal information relates to you. Staffmark may deny certain requests, in whole or in part, for reasons permitted under the CCPA and its regulations. 

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Any denial of a consumer’s request to know, request to delete, or request to opt-out for reasons permitted by the CCPA or its regulations shall not be considered discriminatory.

Changes to This Privacy Notice

Staffmark reserves the right to update this Privacy Notice at any time and will provide you with a new Privacy Notice when and if any updates are made. Staffmark may process your personal data without your knowledge or consent only where required by applicable law or regulation