Employee Privacy Notice
The California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act of 2020 (“CPRA”), require Shakey’s USA, Inc. (“Shakey’s” or “Company”) to provide its employees who are California residents (“Employees”) a notice (“Employee Privacy Notice” or “Notice”) that identifies the categories and items of personal information that may be collected at or before the time of collection by Shakey’s during the employment application process and in the course of employment, to the extent the personal information is subject to the CCPA and CPRA. This Notice also provides Employees with a description of their privacy rights regarding the collection, use and disclosure of their personal information.
This Employee Privacy Notice applies solely to Shakey’s Employees who are California residents.
Employee – As defined by the CCPA and CPRA, a consumer includes a covered business’ employees and is a natural person who is a California resident or individual domiciled in California.
Personally Identifiable Information (“PII” or “Personal Information”) – PII, generally, is a fact about an individual which, if combined with one or more other facts about that individual, would enable others to determine the specific person to whom the facts apply.
Sensitive Personal Information (“SPI”) – A subset of PII that requires greater security protections and standards of care in handling. SPI, also known as "special categories of information", is defined as information that if lost, compromised or disclosed could result in substantial harm, embarrassment, inconvenience or unfairness to an individual.
The business purposes for which the Company will collect or use your PII include, to:
The data categories and data items of PII that we may collect and share with third parties, and within the last twelve (12) months may have collected and shared with third parties, as your potential employer or during your employment with Shakey’s, include the following:
|Data Categories||Data Items|
|Personal Identifiers||Full name, alias, street or mailing address, personal email address, telephone number, unique personal identifier, social security number, driver’s license or state identification card number, passport number, telephone number|
|Physical Characteristics||Height, weight, hair color, eye color|
|Financial Information||Bank account numbers and routing numbers for direct deposit, credit card number, debit card number|
|Protected Classification||Gender, gender identity, sex, sexual orientation, age, race, ethnicity, national origin, marital status, military status, religion, medical or mental condition, language preference|
|Pre-Hire Information||Job application, resume, background check results, job interview notes, reference check notes, candidate evaluation records|
|Employment-Related Information||Personnel file records, hire date, termination date, pay rates, onboarding documents, I-9 form data, tax withholding forms, payroll data, leave of absence requests, paid sick leave taken, training records, corrective action documents, employee action forms, health benefits enrollment data, workplace incident investigation notes, meal break violation records, performance evaluations, business expense receipts and records|
|Past Employment and Work History||Prior employer names, positions held, job titles, salary information, qualifications, references, information on your resume, cover letter and/or employment application, dates of service, work performance history|
|Medical and Health Information||Doctor’s notes, work restrictions information, medical leave of absence records, requests for ADA accommodations, interactive process notes, communications with medical/mental health providers, drug/alcohol test results, work injury, illness triage reports|
|Dependent Benefits Enrollment||Dependent(s) name, social security or tax identification number, date of birth, gender|
|Biometric Information||Fingerprints for POS operations and timekeeping|
|Education Information||Schools currently attending, schools attended, academic degrees completed, vocational school certifications, licensure and certification records|
|Video and Audio Recordings||In-store video camera and audio microphone recorded data including voice, photographs and video|
|Facility Access Records||Building/store entry and exit records, alarm set/disarm events|
|Geolocation Data||Physical location for timekeeping mobile applications|
|Internet, Network and Computer Activity||Internet activity including browsing/search history, Company computer/electronic device and information usage data, interaction with Internet websites, personal data process on Company IT systems including email, texts and other messaging applications; Company network usage activity, system and file access logs|
|Mobile Device||Personal mobile phone number, mobile phone provider, mobile phone usage|
Sensitive Personal Information (“SPI”) We Collect
We may also collect or process SPI as necessary when you apply for employment and/or in the course of your employment with Shakey’s. You may also supply us with, or we may receive, the following SPI:
How Personal Information is Collected
We obtain most PII and SPI directly from you during employment application and new hire onboarding processes. However, we may also collect PII from the following:
Disclosure of Personal Information
We only share your information with the following categories of third parties who provide services to Shakey’s that assist in maintaining regulatory and legal compliance and managing human resources and operations functions:
Our third-party service providers are subject to security and confidentiality obligations and are only permitted to process information for a specified, legitimate business purpose and in accordance with our instructions.
The Company may also share or disclose your PI under the following circumstances to:
Shakey’s shall use a reasonable standard of care to store and protect from disclosure any PII collected using the principles of least-privileged access and by limiting access to PII and SPI to individuals with a “need to know”.
Right to Know
You have the right to request that we disclose to you the following about your PII, as defined by the CCPA/CPRA:
Right to Access
You have the right to access PII that we may collect or retain about you. If requested, we shall provide you with a copy of your PII that we collect.
You also have the right to receive your PII in a structured and commonly used format.
Right to Deletion
In certain circumstances, you have the right to request the erasure of your PII. Upon verifying the validity of a deletion request, we will delete your PII from our records and instruct any service providers or third parties to delete your information, when applicable.
Right to Correct
In certain circumstances, you have the right to request correction of any inaccurate PII. Upon verifying the validity of a verifiable consumer correction request, we will use commercially reasonable efforts to correct your PII as directed, taking into account the nature of the PII and the purposes of maintaining your PII.
Do Not Share or Disclose My Sensitive Personal Information
You have the right to limit how your SPI is disclosed or shared with third parties, as defined in the CCPA/CPRA. Upon verifying the validity of a request to limit disclosure or sharing of SPI, we will implement the request and instruct any service providers or third parties to limit disclosure or sharing of your information, when applicable.
Right to Opt-Out/Do Not Sell My Personal Information
Shakey’s does not sell Employees’ PII within the meaning of the CCPA/CPRA.
Please note that the above rights are not absolute, and we may be entitled to refuse requests, in whole or in part, where exceptions under applicable law apply.
You can exercise any of your rights as described in this Notice and under applicable privacy laws by addressing your data requests to firstname.lastname@example.org.
We will not discriminate against you for exercising such rights. However, if your requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may refuse to act on the request and notify you of the reason for refusing the request.
Verifying Consumer Identity
Where we have reasonable doubts concerning the identity of the person making the request, we may request additional information necessary to confirm the identity.
Data Storage Security and Retention
Shakey’s shall use a reasonable standard of care to store and protect your PII. We use appropriate physical, technical and organizational security measures and procedures to protect PII from unauthorized use, loss, alteration, destruction or modification.
The Company shall retain your PII until the initial purpose for collecting and retaining such data has been satisfied or in accordance with retention requirements and laws applicable to employee personnel data. If you subsequently agree to a new or additional purpose, your PII may be retained for the period applicable to that new or additional purpose.
Data Rights Requests
You can exercise any of your rights as described in this Notice and under applicable privacy laws by addressing your data request or questions to email@example.com.
Shakey’s VP, Human Resources is responsible for maintaining, reviewing and updating this Privacy Notice.
We have appointed the following contact in the event you have any questions regarding this Employee Privacy Notice or about your rights with respect to your Personally Identifiable Information:
VP, Human Resources
Shakey’s USA, Inc.
(626) 576-0616, Ext. 402
Modifications and Revisions
This Notice will be updated at least once every twelve (12) months to reflect changes in our business, legal or regulatory obligations. You may access an electronic version of this Notice or check periodically for changes to this Notice online at https://www.shakeys.com/privacy-policy/employee-notice.
Shakey’s will not collect additional categories of your person information or use your personal information already collected for additional purposes without providing you with a notice of our intent to do so.
We reserve the right to modify, revise or otherwise amend this Employee Privacy Notice at any time and in any manner. Any changes to this Notice will be effective from the date they are communicated to you. If we make any material changes to this Notice, we will notify you by email at the email address you have provided to us before such changes are effective.