California Privacy Notice and Policy

The purpose of this Notice and Policy is to comply with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act, (“CCPA”).  Any terms defined in the CCPA have the same meaning when used in this notice.

This Notice and Policy applies only in the employment context, and only to employees and applicants for employment.

Information We Collect

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”) and “sensitive personal information”^[1] (collectively personal information and sensitive personal information will be called “personal information” in this policy).  In particular, we collect the following categories of personal information from consumers (for purposes of this policy, the term “consumers” refers only to employees and applicants for employment):

Category of Personal Information	Examples	Collected	Period We Intend to Keep the Information
Identifiers	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	As long as legally required for the document(s) upon which this information is reflected.
Customer Records	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	Yes	As long as legally required for the document(s) upon which this information is reflected.  This is generally the later of 3 years from hire or 1 year after termination for employment eligibility information.
Protected classification characteristics under California or federal law	Age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex, gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions, sexual orientation, veteran or military status, genetic information	Yes	As long as legally required for the document(s) upon which this information is reflected.  This is generally 3-4 years for wage and personnel data, and 6 years for benefits documents.
Commercial information	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies	No	N/A
Biometric information	Physiological, biological, or behavioral characteristics, including DNA, 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	No	N/A
Internet or other similar network activity	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement	Yes	As long as legally required for the document(s) upon which this information is reflected.
Geolocation data	Data about physical location or movements	Yes	As long as legally required for the document(s) upon which this information is reflected.
Sensory data	Audio, electronic, visual, thermal, olfactory, or similar information	No	N/A
Professional or employment-related information	Information related to current or past job history or performance	Yes	As long as legally required for the document(s) upon which this information is reflected.
Educational information	Non-public educational records maintained by or on behalf of an educational institution that is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty	Yes	As long as legally required for the document(s) upon which this information is reflected.
Consumer Profile	Inferences drawn from personal information collected to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes	No	N/A

 

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 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data.

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from job applicants and employees.
• Directly and indirectly from activity on our website.  For example, from submissions through our website portal or website usage details collected automatically. Indirectly from you when you visit and interact with our website.
• Indirectly from third party recruiters, background check providers, and former employers, references, and educational institutions.
• Indirectly from information internal human resource processes, such as employee performance evaluations.

 

Use of Personal Information

We may use or disclose the personal information we collect, and have done so in the past 12 months, for one or more of the following business purposes:

• For the administration of employee hiring, performance reviews, administration of employee payroll, processing of employment benefit claims, and for the purposes of complying with all applicable tax reporting, labor and employment laws.
• To administer employee benefits.
• To be able to contact you for purposes related to your employment, potential employment, or other business relationship with us.
• To help maintain the safety, security, and integrity of our systems, App or Website, services, databases and other technology assets, and business.
• To provide standard employment reference checks, including titles held and dates of employment or further information as authorized by you.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

 

Disclosure of Personal Information

We may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We disclose the following categories of personal information for a business purpose, and have done so in the past 12 months:

• Category A: Identifiers
• Category B: Customer Records
• Category C: Protected Classifications

We disclose your personal information for a business purpose to the following categories of third parties:

• Service providers
• Third parties with whom you direct us to provide your personal information
• Other third parties such as consumer reporting agencies when we perform employee background screenings
• Governmental agencies, such as tax agencies

 

Sale of Personal Information

We do not sell, and have not in the past 12 months sold, your personal information.  We do not “share” personal information within the meaning of the CCPA and have not done so in the past 12 months.[2]

 

Your Rights

You have the following rights as a California consumer:

• • To delete personal information, subject to specific exceptions (for example, we are required by law to maintain certain employment data);
  • To correct inaccurate personal information;
  • To access personal information;
  • To know what personal information is sold or shared and to whom;
  • To opt out of sale or sharing of personal information;
  • To limit use and disclosure of sensitive personal information; and
  • Not to be retaliated against for exercising your rights under the CCPA.

 

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.

 

Contact Information for Questions or Exercising Your Rights Under the CCPA

If you have any questions or comments about this notice, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

RXO Ethics & Compliance Office:  Ethics@rxo.com; 844-832-2381

 

Date Last Updated:  March 15, 2023