Job Applicants Data Privacy Notice for California Residents
Introduction
The Influential Network Inc. and its affiliates (“Influential”, “we”, “our” or “us”) value your privacy. This Job Applicants Data Privacy Notice for California Residents (“Notice”) explains what information we collect about you and how we use it for business purposes in accordance with the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (“CCPA”) which went into effect as of January 1, 2023.
Scope
While the CCPA applies to employees, contingent workers, interns, agency workers, consultants, board of directors, job applicants, and third parties whose information (e.g., contact information, bank information, etc.) is provided to us, this Notice is principally directed to job applicants and relates to the data collected in connection with the job applicant relationship.
Data We Collect
Personal Information. Information that identifies, relates to, or could be reasonably linked with you or your household. Examples are listed in the table below.
Sensitive Personal Information. “Sensitive Personal Information” in California 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, contents of email, content of text messages, data relating to racial or ethnic origin, religious or philosophical beliefs, information concerning your health, trade union membership, information concerning your sex life or sexual orientation, biometric information processed to identify you, and genetic data. We collect and process only a limited amount of Sensitive Personal Information (listed in the table below) where necessary and to the extent permitted by applicable laws.
Types of Data and Examples
Personal details
Name, gender, gender pronouns, nationality, military status personal contact details, email address, social security number, inferences from other personal information that could create a profile about your preferences and characteristics, eligibility-to-work information, languages spoken, details of any disability and any reasonable adjustments required as a result
Recruitment and selection data
Skills and experience, qualifications, references, CV and application, interview and assessment data, background and verification information related to the outcome of your application, details of any offer made to you
Compensation and benefits data
Your compensation information from previous position/s if provided
Performance management data
Colleague and manager feedback from references if provided
Equality and diversity data (where authorized by law and consent provided voluntarily)
Information regarding gender, age, nationality, religious belief, sexuality, and race if provided during application process (stored anonymously for equal opportunities monitoring purposes)
Why We Use Your Data
We use your data for a variety of purposes, including:
- Recruitment and selection
- Ongoing management of all aspects of your relationship with us
- Responding to legal and regulatory requests
- With your consent and if we intend to use your data for purposes outside the scope of this Notice, or other applicable legal basis, we will seek your consent
- Our legitimate business interests. Prior to taking such actions, we conduct an assessment to ensure our interests do not override your data privacy rights
When & Why We Share Your Data
Personal Information may be transferred within or outside of the jurisdiction where you are employed or perform work, either with us or third parties, for the reasons set forth herein with:
- Affiliates. We may share data with affiliates where necessary for administrative purposes.
- Contractors and Service Providers. We may share data with contracted third-party service providers (“Service Providers”). These Service Providers include, but are not limited to, business partners, IT and security service providers, auditors and consultants, outside counsel, and cloud solutions and storage providers. Service Providers with whom we share Personal Information are contractually bound to use and disclose such Personal Information only for the permitted purposes and to use reasonable security measures to protect Personal Information from unauthorized access and use.
- Legal Purposes. We may share data as necessary to comply with applicable laws, court orders, or governmental agencies, to protect our security or integrity and that of our employees, or to take precautions against legal liability.
- Sale. In the event of a merger, consolidation, or acquisition of all, substantially all, or a portion of our business or assets, you acknowledge and agree that data may be securely shared, disclosed, and transferred to such successor or assignee.
Where we transfer Personal Information internally, or to any third party, or to any third party between different jurisdictions, (and where applicable could be including, but not limited to, transfers outside of the European Economic Area (“EEA”) and to other jurisdictions that have not been deemed to offer adequate protection), for the purposes outlined in this Notice, we will take appropriate steps to ensure that there is an adequate level of protection for Personal Information in place in accordance with applicable legal requirements.
Data Retention
We may retain Personal Information for as long as necessary for the purposes for which it was collected, as explained in this Notice. In some circumstances, we may store your data for longer periods of time, for instance, where we are required to do so in accordance with legal, regulatory, tax, accounting, or necessary technical requirements.
Data Security
We maintain administrative, physical, and technical safeguards and security measures designed to protect data. Details of our data privacy and security program can be found in our Tugboat Logic policy account (now part of OneTrust) under My Awareness Training.
Your Rights
Your rights with respect to our handling of Personal Information depends on your geolocation. These rights in California includes:
- Access. You have the right to access your Personal Information held by us. Employees who reside in California may request the categories of Personal Information we collect or disclose, the categories of sources of such Personal Information, the business or commercial purpose for collecting that Personal Information, the categories of third parties with whom we share that Personal Information, and the specific pieces of information that we have collected about you in the preceding 12 months.
- Rectification. You have the right to request correction of your Personal Information that is incorrect, or outdated; but not deleted.
- Right to Request Deletion. You have the right to request deletion of your Personal Information. We will do everything possible to delete your Personal Information if you so request. However, we cannot delete your Personal Information when it is necessary to not do so, if it is impossible to do so due to limitations of existing technology or requires a disproportionate effort or for legal reasons, such as legal mandates to retain Personal Information. The list of what is necessary includes:
- to comply with a legal obligation
- used internally in a manner that is compatible with the context of the collection
- is necessary within the context of the worker relationship
- personal information processed in an employment context
- the necessary information to administer benefits
- to complete a transaction
- to detect security incidents
- to protect against deceptive, fraudulent, or illegal activity
- to identify and repair errors
- to promote free speech
- for scientific, historical or statistical research in the public interest
- for internal uses of a company, if those uses are reasonably expected by employees or within the context of the worker relationship
- to delete from its existing systems except archived or backup system
- Restriction of Processing. You have the right to request restriction of processing your Personal Information (i.e., sensitive information that reveals an individual’s government ID, finances, geolocation, race, religion, union membership, consumer’s private communications, genetics, biometrics, consumer’s health, sexual orientation) for certain reasons e.g., for marketing purposes, provided we do not have a necessary or an overriding, legitimate interest to continue processing.
- Data Portability. If requested, we will provide your Personal Information in a common file format .
- Right to Withdraw Consent. If your Personal Information is processed solely based on consent, and not based on any other legal basis, you can withdraw consent at any time.
Changes to this Privacy Notice
We may change or update this Notice at any time to keep it up to date with legal requirements and the way in which we operate our business. If we make material changes to this document, we will notify you by email or by posting a notice on our website, payroll system, or our intranet. By continuing to access or use the Service after those changes become effective or information is provided by you to Influential in connection with the employment or work relationship, you acknowledge the revised policy.
Contact
You can contact [email protected] to exercise any of your rights, or for questions or complaints.
You can also contact us by mail: 300 South 4th Street, Suite 180, Las Vegas, NV 89101
Effective Date of the Notice: January 1, 2023
Version 1 Prepared: July 1, 2023