The California Consumer Privacy Act (“CCPA”) was enacted in 2018 and takes effect on January 1, 2020. It confers new privacy rights for consumers and imposes corresponding obligations on businesses subject to it.
This Policy has been adopted to comply with the CCPA and any terms defined in the CCPA have the same meaning when used in this Policy.
The terms "we," "us," and "our" refer to ACS Group and its affiliates (the "Company").
What Personal Information Do We Collect?
For purposes of this Policy, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with California consumers.
We may collect Personal Information from you in a variety of different situations, including, but not limited to, through our websites, your mobile device, through email, in physical locations, through the mail, and/or over the telephone.
We collect Personal Information to operate, manage, and maintain our business, to provide our services, and to accomplish our business purposes and objectives. In particular, we may have collected the following categories of Personal Information from consumers within the last twelve (12) months:
- Identifiers, such as names and government-issued identifiers (e.g., Social Security numbers);
- Personal Information categories listed in the California Customer Records statute, such as contact information and financial information;
- Characteristics of protected classifications under California or federal law, such as sex;
- Biometric information, such as fingerprints and voiceprints;
- Internet or network activity information, such as browsing history and interactions with our websites;
- Geolocation data, such as device location and Internet Protocol (IP) location;
- Audio, electronic, and similar information, such as call and video recordings;
- Professional or employment-related information, such as work history and prior employers;
- Education information, such as student records, grades, and transcripts; and
- Inferences drawn from any of the Personal Information listed above to create a profile about, for example, an individual’s preferences and characteristics.
Personal Information does not include:
- Publicly available information from government records;
- De-identified or aggregated consumer information;
- Information excluded from the CCPA’s scope, such as: health or medical information covered by the Health Insurance Portability and Accountability Act of 2009 (HIPAA), the California Confidentiality of Medical Information Act (CMIA), or clinical trial data; personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA), or the California Financial Information Privacy Act (FIPA); and the Driver’s Privacy Protection Act of 1994.
The categories of sources from which we collected the Personal Information listed above include, but are not limited to:
- Directly from job candidates/applicants and employees;
For example, when they
- Contact the Company by phone, email, or otherwise in respect of any of its services;
- Apply for assignments that the Company has advertised on behalf of its clients or itself; and
- Complete contract assignments at client sites, including logs of work completed and hours worked.
- Sources such as LinkedIn, corporate websites, job board websites, online CV libraries, business cards, personal recommendations, and the Company’s websites;
- Service providers, including external payroll service providers, and other third parties;
- Directly from clients, contractors, or their agents.
- For example, from information clients provide in relation to the services for which they engage the Company.
How Do We Use Personal Information?
We may use or disclose the Personal Information we collect for one or more of the following business purposes:
- Job Candidate/Applicant Information - We generally use the Personal Information about job candidates/applicants in the following ways:
a) Recruitment Services – Because a significant area of our business is providing recruitment services, we have listed below various ways in which we may use and process Personal Information for this purpose, when appropriate and in accordance with any legal requirements. This list is not exhaustive.
- Collecting the information from job candidates/applicants and other sources, such as LinkedIn;
- Storing the information (and updating it when necessary) in our databases, so that we can contact job candidates/applicants in relation to recruitment;
- Providing job candidates/applicants with our recruitment services and to facilitate the recruitment process;
- Assessing information about job candidates/applicants to compare it against vacancies that we think might be suitable for them;
- Sending job candidates’/applicants’ information to clients, to apply for assignments or to assess their eligibility for assignments;
- Enabling job candidates/applicants to submit their CVs, apply online for jobs, or subscribe to alerts about jobs that might be of interest to them;
- Carrying out our obligations arising from any contracts entered into between the Company and job candidates/applicants;
- Carrying out our obligations arising from any contracts entered into between the Company and third parties in relation to job candidates’/applicants’ recruitment;
- Facilitating our payroll and invoicing processes;
- Verifying the details that job candidates/applicants have provided, using third party resources or by requesting additional information;
- Complying with our legal obligations in connection with the detection of crime or the collection of taxes or duties; and
- Processing job candidates’/applicants’ information to enable us to send them targeted, relevant marketing materials or other communications which we think are likely to be of interest to them.
b) Marketing Activities - We may use Personal Information for the purposes listed below, when appropriate and in accordance with any legal requirements. This list is not exhaustive.
c) We may use Personal Information to help us comply with legal or regulatory requirements for job candidates/applicants, including government reporting, investigations, legal proceedings, record-keeping, and for audit purposes.
- Enabling us to develop and market other services; and
- Marketing our full range of recruitment services (permanent, temporary, contract, Managed Service Provider programs, etc.) to job candidates/applicants.
- Employee Information – We use the Personal Information of our employees for remuneration, taxation, pension, and benefits purposes. The information requested is necessary for the performance of our obligations under their employment contracts. If employees do not provide the information requested, we will be unable to pay them their wages, provide or register them for benefits, or facilitate claims for benefits. We may also process the Personal Information as part of performance review processes and in relation to compensation, rewards, and benefits. We also keep employee training records. We may also need to process Personal Information in connection with disciplinary, grievance, and dismissal processes. Additionally, we may use the Personal Information to help us comply with legal or regulatory requirements for employees, including government reporting, investigations, legal proceedings, record-keeping, and for audit purposes.
Contractor Information- We may use the Personal Information about our contractors to:
- Store (and update when necessary) their details on our databases, so that we can contact them in relation to our agreements;
- Offer services to them or obtain support and services from them;
- Perform certain legal obligations; and
- Help us to establish, exercise, or defend legal claims.
We may also use Personal Information to facilitate administrative functions, information technology operations, for legal reasons, and corporate transactions. These functions include, but are not limited to the following:
- To manage and operate information technology and communications systems, risk management and insurance functions, budgeting, financial management and reporting, and strategic planning;
- To manage litigation and other legal matters and inquiries, and to meet legal and regulatory requirements;
- In connection with corporate transactions, sales, or assignments of assets; and mergers, divestitures, or other changes of control or of financial status of the Company or its subsidiaries or affiliates; and
- To manage licenses, permits, and authorizations applicable to our business operations.
With Whom Do We Share Personal Information?
When appropriate and in accordance with legal requirements, we may share Personal Information in various ways and for various reasons, including, but not limited to:
- Any of our group of companies;
- Individuals and organizations who hold information related to job candidates’/applicants’ references or applications to work with us, such as current, past or prospective employers, educators, examining bodies, and employment and recruitment agencies;
- Tax, audit, or other authorities, when we believe in good faith that the law or a regulation requires us to share this information;
- Third party service providers who perform functions on our behalf;
- Third party outsourced payroll providers when we have an appropriate processing agreement (or similar protections) in place;
- For job candidates/applicants:
- Potential employers and other recruitment agencies/organizations to increase the candidates’/applicants’ chances of finding employment;
- Third party partners, job boards, and job aggregators when we consider this will improve the chances of finding them the right job.
- Managed Service Provider (MSP) suppliers as part of our clients' MSP programs; and
- Vendor Management System (VMS) suppliers as part of workorder tracking, time capturing services for our clients.
What are your CCPA Rights?
The CCPA provides certain consumers with specific rights regarding their Personal Information which they may exercise independently or through an authorized agent. It also includes several exemptions, however. For example, Personal Information about consumers who are current or former employees, job applicants, or contractors is generally exempt from, or outside the scope of, this section.
The consumers who have these rights under the CCPA may exercise them in the following manner:
Right to Access Information
Consumers with these rights under the CCPA may request access to the Personal Information that we have collected and maintained about them (along with information regarding its use and disclosure) over the past twelve (12) months upon appropriate verification. They may make such requests two (2) times every twelve (12) months.
Right to Deletion of Information
Consumers with these rights under the CCPA may request that we delete Personal Information collected and maintained about them, subject to certain exceptions. Once their request is verified and we have determined that we are required to delete that information in accordance with applicable law, we will delete their Personal Information accordingly. Any deletion request may be denied if it is necessary for us to retain the information under one or more of the exceptions listed in the CCPA, such as complying with a legal obligation.
Please note that a record of the deletion request may be kept pursuant to our legal obligations.
Right to Non-Discrimination
We will not discriminate against you for exercising any of your rights under the CCPA.
How to Make Requests?
Consumers who have access and deletion rights under the CCPA may exercise these rights by submitting a verifiable consumer request using one of the methods described below.
- Email us at email@example.com.
- Make the subject line of your email “CCPA Information/Deletion Request.”
- Include your first and last name.
- Identify which type of request you are seeking by including one of the following sentences in your email:
- This is a request to know categories of my Personal Information; or
- This is a request to know specific pieces of my Personal Information; or
- This is a request to delete my Personal Information.
- Include this declaration: “I affirm that the information provided in this email is accurate, that I am the person whose full name is specified above, and that I am the owner of this email account and a California resident. I understand that the Company will contact me at the email address provided to verify I am the person making this request.”
- Make a request through ACS Group’s Employee Hotline by:
- Calling (888) 585-3877 and indicating you have a CCPA Request; or
- Visiting www.acsicorp.com/speak-up and submitting a CCPA Request through the webform.
You can designate an authorized agent to make a request under the CCPA on your behalf if:
- The authorized agent is a natural person or a business entity registered with the Secretary of State of California; and
- You sign a written declaration that you authorize the authorized agent tot act on your behalf.
An authorized agent may submit a CCPA rights request along with a copy of the written declaration, by mail to:
Attention: Privacy Officer
2400 Meadowbrook Parkway
Duluth, GA 30096
We reserve the right to deny requests from an authorized agent in certain circumstances, such as where we have a reasonable belief that the request is fraudulent.
Verifying Your Request
To help protect your privacy and maintain security, we will take appropriate steps to verify your identity before granting you access to your Personal Information or complying with your request. Once we receive your request, we may verify it by requesting information sufficient to confirm your identity. The information that we ask you to provide will depend on your prior interactions with us and the sensitivity of the Personal Information at issue.
Please follow the instructions above and promptly respond to any follow-up questions. If, in our sole determination in accordance with the CCPA, we are unable to verify your identity, the Company may deny the request in whole or in part.
Changes to this Policy
The Company reserves the right to update or amend this Policy at any time. A new Policy will be issued when we make significant updates or amendments.
How to Contact Us?
Any questions or comments about this Policy can be sent to the e-mail address firstname.lastname@example.org or mailed to:
2400 Meadowbrook Parkway
Duluth, GA 30096
Last Updated: January 1, 2020