Harkins Workplace Privacy Notice

Harkins Administrative Services Inc. and its affiliated companies (“Company”, “we”, or “us”) are committed to protecting the privacy and security of your personal information. This Privacy Policy (“Policy”) describes how we collect and use personal information about you when you apply to work for us, during your employment with us, and after you are no longer employed by us (collectively, your “employment”). It applies to all current and former applicants, employees, workers, and contractors (collectively “personnel”).

It is important that you read and retain this Policy so you are aware of how and why we are using your information and your rights with respect to your information. Please also read any other privacy notice we may provide on occasions when we collect specific personal information that may not be covered by this Policy.

This Policy does not form part of any contract of employment or other contract to provide services. We may update this Policy at any time (as described below under “Changes to this Policy”).

Information We Collect About You

For purposes of this Policy, “personal information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual. We may collect, store, and use the following categories of personal information about you:

Personal Identifiers:

We collect your personal contact information, such as your name, title, address, telephone number, and personal email address.
We collect certain information about your health, such as medical conditions and health records, when you report such information to the Company. This information includes details about certain absences from work, including time spent on leave; information related to testing for controlled substances; records related to administering and maintaining your healthcare and other benefits; and information about a medical condition needed for long-term health insurance purposes when you leave employment for a health-related reason.

Sensitive Personal Information:

We collect certain financial information about you, such as bank account details, payroll records, and tax status information. We use this information to administer your pay and benefits and to record tax information about you.
We collect your Social Security Number for identification and tax administration purposes.
We may collect your driver’s license number, passport number, nationality, visa status, and related information to verify your employment eligibility and to arrange travel for you.
We may collect your gender, information about your racial and ethnic origin, religious affiliation, and sexual orientation if you choose to provide it or if you request an accommodation. We use this information only to support our efforts to attract and maintain a diverse workforce and to make legally required reports to government agencies.
We may collect information concerning your health in order to process benefits or if you provide it in connection with a request for an accommodation.
We may collect the contents of your mail, email, and text messages to the extent you send such mail, email, and text messages using Company materials, devices, or software.

Commercial Information: This Policy does not apply to information related to your purchase and use of the Company’s products and services for your personal or household use.

Protected Classifications: We collect your date of birth and gender in order to verify your identity. We collect your marital status, family status, and information about dependents for tax and benefits administration purposes. We also collect information about your racial and ethnic origin, disability status, religious affiliation, and sexual orientation if you choose to provide it or if you request an accommodation. We use this information only to support our efforts to attract and maintain a diverse workforce and to make legally required reports to government agencies.

Internet and Other Electronic Network Activity Information: We collect information about your use of the Company network, computers, and devices, including your use of the Internet and your email communications using Company computers, devices, or systems. We use this information to ensure compliance with Company policies and to maintain the security of our network, systems, premises, information, and personnel.

Geolocation Data: We may collect geolocation data about you if, for example, you are operating a Company-issued vehicle or device, such as a Company cellphone. We use this information to ensure compliance with Company policies and to maintain the security of our network, systems, premises, information, and personnel.

Audio, electronic, visual, thermal, olfactory, or similar information: We store photographs of you for identity verification, security cameras on our premises may capture visual information about you, and your telephone calls and other electronic activity may be monitored or recorded when you access Company resources, such as IT services, and when you interact with a guest or member of the public. We use this information to ensure compliance with Company policies and to maintain the security of our network, systems, premises, information, and personnel.

Professional or employment-related information: We collect information about your professional and employment-related background through the recruitment process (including copies of right to work documentation, references, and information included in a resume, cover letter, or job application). We may collect information about your job titles, salary history, work history, working hours, holidays, absences, training records, and professional memberships. We also may collect information about your current employment, including your salary, annual leave, retirement, work performance, disciplinary actions, and grievances. We use this information to determine your eligibility for particular responsibilities and positions and to ensure compliance with Company policies and applicable laws.

Education information: We may collect information about the educational institutions you have attended and your level of education. We also may collect information about any professional licenses or certifications you hold and additional education or training you undertake before or during your employment. We use this information to ensure compliance with all Company policies and to evaluate your performance and eligibility for particular positions and responsibilities.

Inferences drawn to create a profile: We do not create profiles about you reflecting your preferences or characteristics.

How We Collect Your Personal Information

From You: We collect personal information from you during the application process, onboarding process, and during your employment as you perform job-related activities and tasks.

From Third Parties: We may collect personal information from third parties during the recruitment or promotion process, including from employment agencies, screening services and other background-check providers, former employers, credit reference agencies, or other sources that supply employment verification services.

Automatically: We may collect information about you during your employment automatically, such as when we monitor your Company computer and device access and when our security cameras record visual information about you.

How We Use Personal Information About You

We will only use your personal information as permitted by law for the following reasons:

making decisions related to your employment, including deciding whether to hire you; determining your salary and other compensation; setting your job duties; reviewing your performance; evaluating your professional development and qualifications for other positions within the Company; assessing our staffing needs; addressing grievances; administering any necessary disciplinary procedures; handling legal disputes and workplace accidents; and ascertaining your fitness for work.
business purposes, including reviewing and studying employee retention and attrition rates, internal auditing, and fulfilling any education, training, and development requirements.
administering compensation and benefits, including making required deductions.
providing security and safety and ensuring compliance with Company policies, including providing security for you, other personnel, guests and other people, our premises, and our resources; preventing fraud and securing our network, computers, devices, systems, information, resources, and premises from unauthorized access, exploitation, and malicious software; monitoring compliance with our Company policies; and investigating theft and other illegal activities.
compliance with legal obligations, including verifying you are legally permitted to work in the United States and complying with all other applicable federal, state, and local laws and regulations.

We may use any and all of the information we collect from you for any of the purposes described in this Policy (unless limitations are expressly listed). We also may use any of the categories of information listed above for other business or operational purposes compatible with the context in which the information was collected.

Our collection and processing of your personal information for any purpose will be reasonably necessary and proportionate to achieve the purpose for which we collected or processed the information or for another disclosed purpose that is compatible with the context in which we collected the information. When processing your information, we will use the minimum personal information that is necessary to achieve the purpose, consider the possible negative impacts posed by our collection or processing of the information, and maintain additional safeguards for the information to specifically address those possible impacts.

Disclosure of Your Personal Information

We may disclose the personal information we collect as described in this Policy:

to our affiliates and other Company-related legal entities.
to service providers, which are companies we use to support our business that are bound by law and/or contractual obligations to keep your personal information confidential. Service providers may use information we share with them only for the specific purposes for which we disclose it to them. The following are the categories of service providers with which we share information and the services they provide:

payroll services providers that assist us with disbursing your salary and other compensation.
auditing and accounting firms that assist us in the creation of our financial records.
professional services consultants that perform analytics, assist with improving our business, provide legal or insurance services, or supply project-based resources and assistance.
recruitment vendors that assist with the application process, including providing the platform through which candidates apply and background-check services.
security vendors that assist with security incident verification and response, service notifications, and fraud prevention.
IT vendors that assist with data and software platforms, storage, and network operation.
credit reporting agencies that verify income and dates of employment for employment verifications.

to other external parties when required by law or to protect Company personnel or other people, as described in this Policy.
to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or a similar proceeding, in which personal information held by the Company about our personnel is among the assets transferred. If this happens, the recipient of the personal information will continue to honor the promises made in this Policy and provide you with notice of any changes.

We do not sell the personal information of personnel to any third parties.

Special Information for California Residents

Your Request Rights: As a California resident, you have right to make the following requests with respect to your personal information:

The right to request access to the personal information we have collected about you over the past year and descriptions of the source of that information, why we collect it, and with whom we share it.
The right to submit a request that we delete any personal information we have collected from you, subject to exceptions defined under California law. If we exercise our right to keep certain personal information about you, we will explain in our response what we kept and why.
The right to request that we use commercially reasonable efforts to correct any inaccurate personal information that we have collected about you and ensure that it remains corrected.In evaluating such a request, we will consider the totality of the circumstances, including the nature of the information and the purposes for which we process the information.

While California law also gives you the rights to (1) access information about and opt out of any automated decision-making technology used to process your information, (2) limit the use and disclosure of sensitive personal information used to infer characteristics about you, and (3) opt out of the sale or sharing of your personal information, we do not engage in these practices.

Submit A Request to Access, Delete, or Correct PI: You may submit a request to access, delete, or correct your PI by:

Completing our webform, available here
Calling our toll-free number at +1 (888) 914-9661 (enter the PIN # 936 081)
Speaking with Guest Services at any of our California locations

Assuming we can verify your request (via the verification method described below), it typically takes us about 45 days to respond. You may only make a request to access your PI twice within a 12-month period. We can only respond to requests that provide sufficient detail to allow us to understand and evaluate them.

Identity Verification: We can only process your PI access, deletion, or correction request if we can verify to a reasonable degree of certainty (which varies based on the sensitivity of the PI requested) that your request is authorized. We do this by asking you to confirm that you submitted your request in-person or over the phone. We only use PI provided during the verification process to verify requests. If you are making a request to correct inaccurate PI, we will try to verify your identity without using the PI subject to your request.

You may authorize an individual or business registered with the California Secretary of State, called an authorized agent (“agent”), to make an access, deletion, or correction request on your behalf. We require that you and the agent complete notarized affidavits to verify the identity of the agent and confirm the agent’s authority to act on your behalf. Parents may submit a birth certificate to make requests on a minor child’s behalf. These materials should be submitted along with your request.

Notice of Financial Incentive: California law requires us to provide you with notice when we offer a financial incentive in exchange for your data. We offer our My Harkins Awards program to all of our employees. For more information, please see our Privacy Policy.

Notice of California Employee Data Collection and Sharing Practices: We collect the categories of information described above (under “Information We Collect About You”). We use the categories listed in the CCPA.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and unauthorized access, use, alteration, and disclosure. We use physical, administrative, and technical safeguards to secure personal information. The safety and security of your information also depends on you. You are responsible for following all Company security policies.

Unfortunately, the reality is that storage and processing of information via Internet-connected computers can never be completely secure. While we do our best to protect your personal information, we cannot guarantee the security of your personal information, which you provide at your own risk.

Changes to this Policy

We reserve the right to update this Policy at any time. If we make substantial updates to this Policy we will provide you with an updated version. We may also notify you in other ways from time to time about the processing of your personal information.

This Policy was last updated on January 1, 2023.

Questions about this Policy

If you have any questions about this Policy, or if you would like to obtain an alternative, accessible version of this Policy, please contact the Harkins HR Team at humanresources@harkins.com.