Supplemental Privacy Notice for Applicants, Employees and Independent Contractors
Orgain,
LLC Supplemental Privacy Notice for Applicants, Employees and Independent
Contractors
Last
Updated: 04/01/2024
This
Orgain, LLC Supplemental Privacy Notice applies to California residents who are
Employees, Independent Contractors, and Job Applicants (Notice) supplements the Orgain, LLC Privacy Notice
and provides additional information about the personal information Orgain, LLC
(referred to as “Orgain”, the “Company”, “we,” “us,” or “our,” as applicable) collects, uses,
discloses, and otherwise processes about you in accordance with the California
Consumer Privacy Act (“CCPA”). This Notice covers Orgain directors, employees,
contractors, consultants, and other individuals who currently work or
previously have worked for us (collectively, “Employees,” “you,” or “your”).
Where
we refer to “employment” or “engagement” in this Notice, we do so for
convenience only, and this should in no way be interpreted as purporting to
confer employment status on non-employees to whom this Notice also applies.
This Notice does not form part of any contract of employment or engagement,
does not confer any employment status or contractual right on any Employees,
and does not place any contractual obligation on us.
This
Notice does not cover information collected about you as an Orgain customer or
user of Orgain-affiliated websites, mobile apps, or other Orgain products or
services. To learn more about our information practices in those situations,
please read our online Privacy
Policy.
We
may change this Notice from time to time. If we make changes, we will notify
you by revising the date at the top of this Notice. If we make material
changes, we will provide you with additional notice, such as by sending you a
notification.
1.0
Key Definitions
This
Notice uses the following defined terms:
“Personal Information” means any
information concerning an identified or identifiable individual (e.g., name,
address, telephone number, employee ID number, Orgain network address, e-mail
address, etc.).
“Process, “Processing” or
“Processed” means all activities involving the handling of Personal Data, such
as the access, collection, storage, transfer, use, disclosure, retention,
amendment, and other operation involving Personal Data (e.g., passive storage,
or mere consultation of Personal Data).
“Sensitive Personal Data” means Personal
Data needing greater safeguards, such as gender, racial, or ethnic origin,
social security number, age, date of birth, medical and disability information,
marital status, bank and financial information, the commission of a legal
offense and related proceedings and the outcome thereof pursuant to the lawful
request of criminal history information, and drug screening information.
“We”, “Us”, “Our”, “Company” or “Orgain” means all Orgain operating companies and businesses in the
US. “You” or “Your” means the employee, contractor, or job applicant.
2.0
Processing Purposes and Categories
2.1
We may process your personal data:
2.1.1 for
the purposes of your employment or consideration for employment, and reasonable
secondary purposes connected with your employment;
2.1.2 when
we obtain information from third parties in reference to your application for
employment (e.g., employment references, applicant background check, etc.);
2.1.3 in
connection with investigations, litigation, and court proceedings, including
litigation matters in which Orgain is a party and relevant third-party
litigation matters, and other court proceedings;
2.1.4 in
order to comply with requirements of governmental entities and requests from
law enforcement agencies;
2.1.5 as
required or permitted by applicable law;
2.1.6 when
you disclose personal data for the purpose of voluntarily participating in
various employee programs; and
2.1.7 for
any other purposes that we provide you with notice of before starting the
relevant processing, subject to compliance with applicable laws.
2.2
We may process your sensitive personal data:
2.2.1 for
reporting purposes (e.g., time for processing applications);
2.2.2 for
communicating with you about your account or our relationship;
2.2.3 for
conducting criminal history or other background checks to the extent such
information can lawfully be requested under applicable law;
2.2.4 for
the purposes of diversity reporting statistics and equal opportunities
monitoring;
2.2.5 in
order to keep track of, and properly manage, requests for and decisions
relating to family leave or other Company authorized leave, medical absences
from work, and disability related accommodations;
2.2.6 in
order to detect and prevent fraud, other criminal activities, and violation of
company policies;
2.2.7 as
required or permitted by applicable law; and
2.2.8 for
any other purposes that we provide you with notice of before starting the
relevant processing, subject to compliance with applicable law.
2.3
We will only process your personal data and sensitive personal
data for the purposes set out in the Appendix and in accordance with the
purposes described in, or notified to you under, paragraphs 2.1 and 2.2 (each a
“Purpose”).
2.4
The categories of personal data that we may process in connection
with your employment or during your application for employment process include:
2.4.1 all
information that you provide to us (e.g., contact details, bank details for
payroll purposes, medical records in connection with medical absences, requests
for and decisions relating to family leave or other Company authorized leave or
accommodations, dependent and domestic partner information in connection with
employer benefits, information required to remit workers compensation claims,
etc.);
2.4.2 all
information that we obtain from third parties (e.g., employment references, tax
codes and other governmental information, applicant background check, etc.);
2.4.3 all
information created during the course of your application process or employment
(e.g., employment records, disciplinary records, employment history and
background check information, etc.); and
2.4.4 all
information that we may be required or permitted to process in accordance with
applicable law (e.g., information relating to diversity reporting and equal
opportunities monitoring).
3.0
Your Consent
We
will request Your consent to Process Your Personal Data or Sensitive Personal
Data in connection with Your participation in voluntary employee programs and
activities. You do not have to give Your consent for these voluntary programs.
If You decide to give Your consent, You may later withdraw Your consent at any
time by notice in writing to your HR Representative.
If
You withdraw Your consent, it will not affect: (i)
Processing that has already occurred; or (ii) Processing that is not based on
Your consent. We will take no disciplinary action, and impose no sanction or
penalty of any kind, as a result of any decision to refuse to give Your
consent, or any decision to subsequently withdraw Your consent.
Please
note, there are certain requests where Processing Your Personal Data or
Sensitive Data is necessary and if Your consent is not given or withdrawn, We
will not be able to complete the request (for example, processing family or
medical leave of absence requests, requests for a reasonable accommodation,
requests for direct deposit banking, vaccination or flu shot requests, or
requests for other employee benefits). Additionally, please know that your
Personal Data will otherwise be processed by the Company in compliance with
applicable laws.
4.0
Additional Disclosures
4.1
We collect, and have collected in the preceding twelve (12)
months, the following categories of personal data: identifiers, characteristics
of protected classifications under California or Federal law, internet and
electronic network activity, geolocation data, audio, visual, or other sensory
information, professional or employment- and pre-employment related
information, education information, and sensitive personal information such as,
for example, your social security number, driver’s license, state
identification card, or passport number, racial or ethnic origin, or other
categories of “sensitive personal information” as that term is defined in
applicable law. We do not use or disclose your sensitive personal information
for purposes other than those expressly permitted by applicable law. For
examples of the precise data points we collect and the categories of sources of
such collection, please see the “Processing Purposes and Categories” section
above. We collect personal data for the business and commercial purposes
described in the same section above.
4.2
We may disclose personal data in certain circumstances, including:
to comply with our legal obligations; to protect the rights and property of our
customers and the public; to detect and respond to suspected illegal activity
and threats to the health or safety of any person or of our systems or
services; in connection with, or during negotiations of, any merger, joint
venture, sale of Company assets, financing, or acquisition of all or a portion
of our business, assets, or stock by another company (including in connection
with any bankruptcy or similar proceedings); to maintain our business
operations, including, for example, by providing or enabling our service
providers, professional advisors, and other similar entities to assist with the
administration of payroll, pension, benefits, performance management, training,
communication platforms, and expense management and facilitate internal
programs relating to diversity, inclusion, and anti-discrimination; and with
your consent or at your direction. In the
preceding twelve (12) months, we have disclosed personal data to the following
categories of recipients:
Category of Personal Data |
Categories of Recipients |
Identifiers |
Recruitment and personnel management service providers, benefits
providers, payroll providers, fraud detection, and security service providers |
Characteristics of protected classifications under state or
federal law |
Recruitment and personnel management service providers and
benefits providers |
Commercial information |
Recruitment and personnel management service providers and
payroll providers |
Internet or electronic network activity information |
Fraud detection and security service providers |
Geolocation data |
Fraud detection and security service providers |
Audio, visual, or similar information |
Recruitment and personnel management service providers, fraud
detection, and security service providers |
Professional and employment-related information |
Recruitment and personnel management service providers, benefits
providers, and payroll providers |
Inferences |
Recruitment and personnel management service providers |
Sensitive personal information |
Recruitment and personnel management service providers, benefits
providers, payroll providers, workers compensation providers, government
authorities, and regulators |
We
may also disclose aggregated or de-identified information, which cannot
reasonably be used to identify you. We process, maintain, and use this
information only in a de-identified fashion and will not attempt to re-identify
such information except as permitted by law.
5.0
Your Privacy Rights and Choices
5.1 Your Privacy Rights. You may have certain rights with
respect to your data, including the following:
Right to
Access:
You may ask us to confirm whether we are processing your personal data and, if
so, to provide you with a copy of the personal data we hold about you (along
with certain other details).
5.1.1
Right to Correction: If the personal data we hold about you is inaccurate or
incomplete, you are entitled to ask for correction or completion taking
into account the nature of that information and purpose for processing it.
5.1.2
Right to Deletion: You may ask us to delete or remove your personal data in some
circumstances.
Exercising
Your Rights. To request access, correction, or deletion of your personal data,
please email us at HR@drinkorgain.com
and indicate
“Privacy Matter” and the type of request you are making in the subject line of
your message. You may designate an authorized agent to exercise privacy rights
on your behalf by providing the authorized agent signed permission to submit
the request on your behalf. If an authorized agent submits a request on your
behalf, we may need to contact you to verify your identity and protect the
security of your personal data. If you are an authorized agent seeking to make
a rights request, please contact at HR@drinkorgain.com indicating
“Authorized Agent Privacy Matter” in the subject line.
5.1.3 Any request
to exercise one of these rights will be assessed by Company on a case-by-case
basis. There may be circumstances in which we are not legally required to
comply with your request because of a relevant legal exemption provided for
under applicable law. We will not discriminate or retaliate against you for
exercising your privacy rights. If you choose not to disclose certain personal
information, however, this may limit our ability to offer you a position, or perform
certain activities, such as process your payroll or enroll you in benefits.
“Sales” and “Sharing” of Personal Data. We do not
“sell” or “share”* your personal information as those
terms are defined under California law. We also do not have any knowledge of
any “sales” or “sharing” of the personal information of minors under sixteen
(16) years of age.
*Sell
means the exchange of personal information for monetary or other valuable
consideration. Share means the exchange of personal information for cross
context behavioral advertising, regardless of consideration.
6.0
Keeping Your Personal Information secure
We
have appropriate technical and organizational security measures in place to
protect Your Personal Information against unlawful or unauthorized Processing.
This includes having secure operating systems and processes to help ensure that
Your Personal Information is only accessible to Orgain employees, agents and
contracted staff on a need-to-know basis and following industry-standards for
security and protection of Personal Information.
7.0
Data Retention
The
length of time we retain your personal information depends on the status of our
relationship with you and the requirements of applicable law. We will retain
your personal data for as long as your employment, employment consideration
and/or application, or engagement with us lasts and for a certain period
thereafter, after which point it will be deleted or archived in accordance with
applicable law. To determine that period, we consider a number of factors,
including our legal and regulatory obligations (such as financial reporting
obligations and equal opportunity or anti-discrimination reporting obligations)
and whether we may need to retain personal data to resolve disputes, make and
defend legal claims, conduct audits, pursue legitimate business purposes,
and/or enforce our agreements.
If
you are a job applicant we will retain relevant
personal information about you so we can consider you for future employment
opportunities. If you do not wish to be considered for future employment
opportunities, please let us know by emailing HR@drinkorgain.com.
8.0
Application of Other Company Policies
While this
Notice sets forth how We will Process Your Personal Data and Sensitive Personal
Data and actions You may take with respect to such data, employees do not have
a right of privacy in electronic communications or workplace property subject
to company policies including but not limited to various Company policies and applicable
laws and regulations.
This Notice
does not create a promise nor is intended to create a contract, including
without limitation a contract of continued employment for any specified
duration.
Spouses, Dependents, Partners, and Others. If you have
knowledge that the Company has collected personal information related to your
spouse, dependent, partner, or others, please share a copy of this Notice with
all such individuals.
9.0
Contact Us
You can
contact us about this Notice or our privacy practices at:
Orgain, LLC
ATTN: HR
16851 Hale Ave
Irvine, CA 92606
Or Email: HR@drinkorgain.com
Appendix – List of Processing Purposes
a) Personnel management - including administration and management of the employee
relationship, including employee discipline, career development management,
employee time management, attendance, personal evaluation/development,
recruitment and applications management, background checks, drug screening,
record management, staffing (headcount planning, recruitment, termination,
succession planning), compensation benefits and payments, workforce management,
conducting disciplinary proceedings, addressing labor relations issues,
coaching, internal complaints and grievances, and outplacement services etc.
This may also include the processing of Your family’s personal data (e.g.
spouse, children) for administrative purposes such as benefits management,
medical claims, and voluntary participation of a family member in any event or
program.
b) Operations management – including official email ID creation, phone/email and organization
lists of employees, internal ticket management, medical care treatment, travel
management, processing health insurance claims, conducting internal audits and
investigations, defining and controlling the work organization, implementing
business controls, maintaining and monitoring usage of internal networks and IT
systems, and security management.
c)
People and
organizational analysis and reporting – including conducting employee surveys and opinion polls, HR
analytics, managing mergers and acquisitions, conducting internal audits/
investigations, and management reporting and analysis.
d) Legal and compliance – including obtaining and releasing employee personal data as
required by law (tax, master ID card creation, pension funds, employee
insurance), prevention of fraud and protection of company’s assets, parental or
other family leave, medical leave, requests for or decisions regarding requests
for reasonable accommodations, corruption and misconducts, disclosures in
response to court proceedings and public authorities requests and other legal
or regulatory requirements.
e)
Communications
and other –
including employee communications, team-building activities, marketing and
provision of company news and updates, inclusion in Orgain publications (e.g.
The Workplace by Facebook, to conduct demographic studies or audits and
maintain the day-to-day operation and security of Orgain sites.