Privacy Notice for California Employees and Job Applicants

We comply with the provisions of the California Consumer Privacy Act (“CCPA”), as well as other applicable privacy and/or data protection laws (“Applicable Law”) with respect to the Processing of Personal Data. This Privacy Notice (“Notice”) applies to all California Personnel (as defined below) of SBE ENT Holdings, LLC and its subsidiaries (“Company”, “we” or “us”) retained by us from time to time, and summarizes the categories of Personal Data we may collect from time to time and the business purposes for Processing. This Notice applies to California sites only.

This Notice does not form part of any contract of employment or other contract to provide services, nor does it imply or create any employment relationship, contract of employment, relationship to provide services, or contract to provide services. We may update this Notice at any time but if we do so, we will provide you with an updated copy of this Notice as soon as reasonably practical.

It is important that you read and retain this Notice, together with any other privacy notice we may provide on specific occasions when we are Processing your Personal Data, so that you aware of how and why we are using your Personal Data and your rights under Applicable Law.

1. Aim and scope of this Notice

Personal Data will be held and Processed by our HR Department. HR will channel requests to those within the Company who are required to action them and will coordinate responses as appropriate.

2. Definitions

“Individual” means any identified or identifiable natural person.

“Personal Data” is any information about an Individual which can, directly or indirectly, lead to you being identified.

“Personnel” means job applicants, owners, directors, employees, interns, and consultants.

“Process,” “Processed,” or “Processing” means any operation or operations performed on Personal Data or on sets of Personal Data, whether or not by automated means, including but not limited to use, collection, storage, alteration, disclosure, erasure, or destruction.

3. What Personal Data does the Company hold concerning its Personnel?

When applying for a job and during the course of your engagement by the Company, we are likely to Process, and sometimes transfer, the sort of data listed below, which is in the nature of typical examples only and will not necessarily all apply to you as an individual.  For the avoidance of doubt, the list of examples set out below is not intended to be an exhaustive list and any Personal Data concerning you received by the Company of whatever nature will be afforded the same levels of protection available under this Notice.

#	Category of Personal Data Collected	Collected (Y/N)	Examples of Personal Data Collected	Purposes for Use (See #1-27 below)
	Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers	Yes		1-27
	Any categories of personal information categories described in Cal. Civ. Code 1798.80(e))	Yes	Name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.	1-11, 15-19, 21-24, 26, 27
	Characteristics of protected classifications under California or federal law	Yes	Age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	3,4, 6,7, 10, 15, 22, 23, 26, 27
	Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies	No		6, 21, 22, 24, 26,27
	Biometric information	Yes	Individual’s physiological, biological, or behavioral characteristics, including an individual’s deoxyribonucleic acid (DNA), that can be used, singly or in combination with each other or with other identifying data, to establish individual identity. Biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.	16, 17, 19, 21-27
	Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement	Yes	Browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.	2, 6, 7, 12, 16-20, 24-27
	Geolocation data	No
	Audio, electronic, visual, thermal, olfactory, or similar information	Yes	Monitoring or recording of phone calls, videotaping of employees.	2, 6-8, 10, 13, 14, 18, 19, 22, 24-27
	Professional or employment-related information	Yes	Employment history and information regarding your work performance provided by references; education information, such as schools attended, degrees, GPA; references; attendance records, including records of leave taken and the reasons for such leave (e.g. vacation, sick leave, family leave, military service/emergency responder leave, and/or jury service); information relating to any suspected disciplinary matter; Personnel performance (e.g., we keep copies of an employee’s appraisal, notes of any meetings about an appraisal and reports from your manager or clients with whom you work, as well as records of absences and relating to benefits in your file).	1, 2, 4-8, 10, 11, 15-24, 26, 27
	Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 43 C.F.R. Part 99)	Yes	Education records from students, interns, externs.	1, 4-9, 11, 15-18, 21-24, 26, 27
	Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes	Yes	This may include interview notes.	1-11, 15-20, 25-27

 

4. For what reasons might the Company Process your Personal Data?

 

Your Personal Data might be Processed for a wide variety of business purposes. The list below sets out a number of the most typical examples. It is not intended to be an exhaustive list and we reserve the right to add to or amend it as necessary. By way of example only, Personal Data might be Processed for the purpose of:

 

1. Offering employment or awarding pay rises and/or promotions and/or transfers to other departments or associated companies or hotels within the Company and its affiliates, including the need to take up or check personal references as appropriate.
2. Actioning formal grievances, disciplinary action and/or appeal processes in respect of complaints or concerns raised by or about you.
3. Making appropriate medical inquiries to establish, for example, your fitness to work or adjustments which might reasonably be made to enable you to do so if and the nature of any specific risk assessments which might be required if, for example, you are suffering from a disability or are pregnant.
4. Establishing your entitlement to benefits such as sick pay, health care, use of Company car, etc.
5. Carrying out the contract of employment that we have with you. For example, we need your bank details in order to ensure you are paid.
6. Complying with our legal obligations. For example, we need documentation from you to make checks into your right to work in the US.
7. Carrying out the Company’s legitimate interests. For example, we need your sickness absence data so that we can implement an effective sickness absence management system.
8. Implementing and recording training and development programs that you attend (in some cases theses will be mandatory (e.g., fire training)).
9. Providing timely communications to you regarding your workplace and employee activities/events you may wish to attend.
10. Health and safety, and accidents at work.
11. Processing internal applications and promotions.
12. Computer, internet and email monitoring: The Company will randomly check emails or use software to check if employees are sending, or receiving, inappropriate emails. This monitoring ensures compliance with the Company’s policy on internet and email usage. This monitoring may be necessary to investigate alleged misconduct, detect or prevent crime, deal with any issues surrounding the Company’s reputation, or retrieve content if an employee is absent. Performance of the system or the employee may be assessed through email and internet monitoring. Monitoring may be required to comply with legal obligations or detect/prevent crime.
13. CCTV monitoring: The Company routinely operates a CCTV system to check that health and safety rules are being complied with or to assist in the prevention of crime, such as theft.
14. Phone monitoring: The Company keeps recordings of telephone calls that come into business for training purposes, for dealing with complaints from customers and to comply with legal obligations. The Company checks telephone logs to detect misuse of telecommunications. Phone monitoring is used to assess performance, ensure compliance with Company telephony policies and protect the Company’s reputation. Phone monitoring assists with investigations into alleged misconduct.
15. Assessing your qualifications and/or capability for a particular job, role, or task;
16. Managing and tracking work and performance relevant to employment or placement decisions;
17. Conducting performance reviews or determining performance requirements;
18. Developing training requirements and/or establishing or conducting training;
19. Gathering evidence for disciplinary action or termination;
20. Managing and tracking the performance of our business;
21. Administering pay and benefits;
22. Processing employee work-related claims (e.g., workers compensation, insurance claims, etc.);
23. Complying with applicable labor or employment laws or obligations, including wage and hour laws, tax and withholding obligations, immigration and work authorization laws, or our commitment to equal opportunities, or complying with any other local, state, or federal law;
24. Monitoring compliance with Company policies;
25. Ensuring the security of Personnel, facilities, and/or Company-held information;
26. Complying with any duties or obligations that we may owe our Personnel as an employer or any other third parties; and
27. Other purposes reasonably required by the Company.

 

5. Criminal Offenses

 

If we learn (from any source) that you have been convicted of a criminal offense, we will Process this information only in limited circumstances. For example, we may use it as permitted by Applicable Law in certain employment decisions in situations when it is job-related and consistent with a business necessity to do so.

 

6. Role of HR

 

As stated previously, HR will be the main conduit for Processing Personal Data and dealing with Personnel requests for the exercise of their rights under Applicable Law (including any concerns or confusions) and other legislation concerning the Personal Data of Personnel the Company might Process.

 

Please contact HR at [email protected] with any questions.