Privacy Notice for Candidates and Employees/Contractors

This Privacy Notice for Candidates and Employees/Contractors applies to 1) those who are listed as or about to be listed as a job candidate with Staffmark Group, LLC and/or its subsidiaries and affiliates (including but not limited to the following brands: Staffmark, Advantage Technical, Digital People, Hunter Hamilton, Employee Management Services, and Advantage xPO), (collectively “Staffmark Group,”, “we,” or “us”), and 2) those employed or about to be employed (or engaged via contractor relationship) by a Staffmark Group business. 

The Staffmark Group is committed to protecting the privacy and security of your Personal Information (as defined herein). We are an employment, recruitment, and staffing company that often, in the course of our business, obtains Personal Information about our job applicants, prospective employees, workers, and employees in order to facilitate their employment/engagement or prospective employment/engagement and to otherwise provide our services.

This Privacy Notice describes, among other things: 1) how we collect and use your personal information (data that identifies you as an individual or relates to an identifiable individual or household) (“Personal Information”), 2) the categories of Personal Information we may collect about you, and 3) the instances where we may disclose your information to third parties. Note we will only collect and process your information in accordance with this Privacy Notice, unless otherwise required or allowed by applicable law.

For clarity, the term “Personal Information” as used herein may include sensitive personal information (data that reveals certain sensitive categories of information as defined in the CCPA or other applicable privacy law) (“Sensitive Personal Information”).

Please be aware that if you have a disability and want to request access to this Privacy Notice in an alternative format, please contact us askprivacy@staffmarkgroup.com or call (866) 765- 7544.

1. OVERVIEW

We may collect and process your Personal Information for human resource, employment, work engagement, business operations and/or benefit administration purposes, and, where necessary, to comply with any local, state, and federal legal obligations. We obtain the categories of Personal Information listed in this Notice and the information you provide during your job application process (or our job candidate search process), your employee/contractor onboarding process, and during the selection of your benefits as an employee, including through any job or employment-related paperwork, our website, and our employee intranet. We also may obtain a background check and/or Consumer Report from a consumer reporting agency once an offer of employment is made.

2.CATEGORIES OF PERSONAL INFORMATION WE COLLECT

We may collect the following categories of Personal Information about you in connection with our services and/or your employment/engagement with us:

• Personal identifiers you provide when you apply for a job (or when we collect such as part of a candidate search), or identifiers you may provide when are employed/engaged by us. These may include your first and last name, mailing address, email address, unique personal identifiers, nickname, telephone number, date of birth, signature, family name, mother’s maiden name, online identifiers, username and/or account name. We may collect this information to communicate with you, to assist us in employing/engaging you, in order to secure your employment/engagement with another entity, to manage your employment/work relationship with us, for general employee/contractor administration and processing (including employee payroll and benefits administration), to run a background and credit check before employment is offered to you, to determine your eligibility for employment/engagement, to create, maintain, and secure your online employee or candidate accounts, and for other purposes you’d expect in connection with our services/business.
• Financial information such as banking information for direct deposit, debit card number, credit card number, tax selections, pay rate, PayCard information, payroll deduction information, and health insurance information. We may collect this information for employee-related (or contractor related) human resource administration (including employee payroll and benefits administration), processing work-related claims (for example, insurance or payment claims), and all related accounting and auditing.
• Benefit selection and related information such as your benefit selection, date of birth, health insurance information, policy number, and selections. We may collect this information to administer benefit claims and for employee or contractor related human resource administration.
• Protected classification and diversity information such as age, marital status, sex (including gender, gender identity, gender expression), and veteran or military status. We may collect this information where appropriate to comply with local, state, and federal laws and regulations, to implement our diversity and equity programs, and for benefits administration.
• Professional and employment-related information such as current or past employment history, CV/resume information and recruitment information, salary information, employee status and title, job evaluations, employment status, work schedule, job assignments, hours worked, training and development information, performance evaluation information, disciplinary and counseling information, and termination information. We may collect this information to make employment and/or job related decisions that involve you, to fulfill or meet the reason you provided the information as a job applicant or employee, to provide you with employment with us or use your information in order to secure your employment with another entity, to assess qualifications for a particular job or task, conduct performance reviews and determine performance requirements, for education, training, and development requirements, and to gather evidence for disciplinary action or termination, for other human resource administration purposes, and to administer and process employee benefits.
• Sensory data such as your audio and visual information. We may collect this information when conducting interviews through video and voice calls or when you participate in other activities where your photograph or video is processed.
• Internet or other similar network connectivity, such as browsing history, search history, cookies, applications, email use, and interaction with our website.  We may collect this information to improve your user experience, track and analyze website traffic, track your job and employee preferences and suggest opportunities for you, personalize your website experience, and to run analytics in order to analyze the use of and improve our websites.
• Education information such as education history, grades, transcripts, and disciplinary history. We may collect this information to evaluate and make an employment and/or job related decision that involves you, provide you with employment opportunities or use your information in order to secure your employment with another entity, obtain education verification, assess your qualifications for a particular job or task, conduct performance reviews and determine performance requirements, for education, training, and development requirements.
• Inferences drawn from personal preferences you provide to us, such as characteristics, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. We may collect this information to make safety assessments, and assess your qualifications and abilities for a particular job or task.
• Beneficiary Information of your beneficiaries and dependents, such as name and contact information, relationship to you, birth date, and any other information necessary to process benefits claims. We may collect this information to administer and process any related benefit claims.
• Emergency Contact Information of person(s) you designate as your emergency contact(s) such as their name and contact information, and their relationship to you. We may collect this information to maintain contact information should an emergency involving you arise during your employment/engagement.
• Social Media Information you choose to make available on your public profiles on social media or other public locations.
• Any other information you choose to provide to us.

3.CATEGORIES OF SENSITIVE PERSONAL INFORMATION WE COLLECT

We may collect the following categories of Sensitive Personal Information about you in connection with our services and/or your employment/engagement with us:

• Personal identifiers (for you or your beneficiaries) qualifying as Sensitive Personal Information you provide when you apply for a job, supply information for your benefits, or otherwise in context of your employment with us.  This may include information such as your social security number, driver license number and expiration date, passport number, and/or other government identification numbers, and immigration and work authorization status. We may collect this information to fulfill or meet the reason you provided the information as a job applicant or employee, to provide you with employment/engagement with us, to use your information in order to secure your employment with another entity, to manage your employment and/or work relationship with us, and for general employee administration and processing (including employee payroll and benefits administration), to run a background and credit check before employment is offered to you, to determine your eligibility for employment, and to create, maintain, and secure your online employee accounts.
• Demographic or Protected Classification and Diversity information qualifying as Sensitive Personal Information such as racial or ethnic origin, citizenship status, physical or mental disabilities, or medical conditions. We may collect this information to comply with local, state, and federal laws and regulations, to implement any applicable diversity and equity programs, and for benefits administration.
• Health and Safety Information such as health conditions, if relevant to your employment/engagement, job restrictions, and workplace accident and illness information, we may collect this information to maintain a safe workplace, assess your working capacity, administer health and Workers’ Compensation programs, and comply with applicable laws.
• Geolocation data that can be used to identify your physical location or movements. We may collect this information to manage job assignments, determine assignment availability and allocation, determine employment status, track hours worked, and determine applicability of required training programs.
• Biometric information such as facial recognition, fingerprints, retina scans, hair follicles, urine, and saliva. We may collect this information for time clocks, security purposes, and/or to ensure that employees/contractors properly log-in to equipment, to ensure that authorized employees/contractors have access to secured locations, and for drug test screens.

4. SHARING YOUR INFORMATION WITH OTHERS

First and foremost, we do not sell your Personal Information to third parties.  However, certain of your Personal Information above may be disclosed to certain third parties in furtherance of our services/offerings to you, to handle certain of your requests, in connection with your employment/engagement by us, and/or to otherwise provide our services/operate our business.  Specifically: 

• Your data may be provided to certain of our vendors whom we engage to assist us in providing our services.  For example, marketing or IT vendors that support the operation of our business/systems.  Or service providers to the extent reasonable in order to administer employee benefits, including for payment of wages, tax processing, health insurance, benefits administration, and in connection with its human resource and other reasonable business activities, including for example running background checks, screening for benefit, employment, and disability eligibility, to determine employment verification, and for drug screening. We contract only with reputable vendors whom are obliged to properly protect all data.
• Your data may be provided to our affiliated legal entities (under ultimate common ownership). For example, sister companies may partner with us to provide certain services.
• Your data may be provided to certain of our clients.  For example, if you are a job candidate, we may share certain of your data with clients or prospective clients who may be offering jobs/assignments you may be interested in. As an employee or contractor, you may have communication or duties with certain of our clients or vendors.
• Your data may be provided in connection with merger/acquisition activity. For example, if a reputable buyer is performing due diligence to purchase one of our businesses, data may be turned over to such buyer subject to binding confidentiality and security restrictions.
• Your data may be provided to government agencies where such is legally required or reasonable in our discretion. For example, in the event of a police investigation, we may turn over requested information to requesting authorities.

5. MINOR INFORMATION

Staffmark Group does not knowingly or intentionally employ, recruit, or place for employment anyone under the age of eighteen (18), Staffmark Group’s websites are not directed to individuals under 18, and we do not knowingly collect Personal Information from individuals under 18. Individuals under 18 should consult with their parent or guardian about the use of this website. Staffmark Group does not collect information directly from any minors under the age of 16 and does not sell the information of minors under the age of 16 without authorization.

5. MORE DETAILS ON WHAT WE MAY DO WITH YOUR PERSONAL INFORMATION AND THIRD PARTIES WITH WHOM PERSONAL INFORMATION MAY BE SHARED

As a job candidate or our employee/contractor, we may use your Personal Information:

• to find potential jobs/assignments for you and/or related assistance. For clarity, this may include providing your information to potential clients to consider you for work;
• for communicating in relation to business via e-mail, text messaging, telephone, or otherwise;
• for day to day business operations (such as candidate evaluation, background checks, identity verification, etc.)
• for employment/contractor setup and/or administration such as payroll processing, benefits administration, employment management, time and attendance tracking, performance management, training and development, workforce planning
• for legal and compliance purposes such as tax reporting, workplace safety compliance, EEO reporting, immigration compliance, data protection compliance, audit and investigations
• for workplace security such as access control, monitoring, emergency preparedness, and fraud prevention
• for employee/contractor communication and engagement such as internal communications, employee recognition, surveys and feedback and team collaboration
• For health and well being such as health and safety programs, accommodations, and other health measures
• For travel and expense management
• For termination and post-employment/engagement obligations such as processing exits and retiree benefits and legal disputes
• For technology and data management purposes such as IT systems and data storage
• For third party interactions such as with third party providers for payroll or benefits or training, or insurance claims/coverage.
• for other purposes to the extent applicable law allows.

The following links contain tables summarizing certain of our Personal Information processing, business purpose for such processing, as well as the third parties with whom Personal Information may be shared: 

For Job Applicants/Candidates Applying for Employment or Temporary Staffing with Staffmark Group, Independent Contractors, and Existing Staffmark Group Employees, click here: Click here to see the full Job Applicants Applying for Employment or Temporary Staffing with Staffmark Group, Independent Contractors, and Existing Staffmark Group Employees

For Professional Placement applicants where we are serving as a recruiter for a client, click here: Click here to see the full Recruiting and Professional Placement Position Applicants.

6. MINOR INFORMATION

Minors must have parent or guardian permission to do business with us.  If you are a parent or guardian of a child and believe that he or she has disclosed Personal Information to us, please reach out to us utilizing the contact information below for assistance.

7. ARTIFICIAL INTELLIGENCE

Please be advised that our business may utilize artificial intelligence (“AI”) tools for a variety of reasons including but not limited to providing you a better candidate/employment experience and/or increasing business efficiencies.  By using our site and/or apps and/or submitting your data to us, you consent to the collection and processing of your data by AI for the purposes set forth in this Notice.  If you have questions or wish to opt out of such, please contact us at the email address at the end of this Notice.

Additionally, please be aware that we and our contracted partners may engage with you via calls, AI-generated calls, text messages, and/or emails to share job opportunities or in otherwise providing our services/operating our business. Consistent with our privacy policy, information obtained will not be shared with third parties/affiliates for marketing/promotional purposes (only for the provision of our services to you). Frequency varies for text messages. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. You can reply STOP to cancel and HELP for help at any time.

8. YOUR PERSONAL DATA RIGHTS

You have certain legal rights with respect to the Personal Information that you provide and/or which we obtain about you depending on the state/country where you reside. For example, the CCPA provides California residents with certain rights regarding their personal information. This section explains how you, when such are applicable, can exercise your rights, which may include among other rights:

• The Right to Access and to have Disclosed to you your Personal Information
  • You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months.

• The Right to Delete your Personal Information
  • You have the right to request that we delete your personal information that we collected from you and retained, subject to certain exceptions.  You may make such a request at any time and we will evaluate if your request should be granted.  Please note this right is subject to any legal obligations we may have to retain data.

• The Right to Correct Your Personal Information
  • You have the right to request that we correct your personal information that we collected from you and retained, subject to certain exceptions.

• The Right to opt-out of the “sale” or “sharing” of your Personal Information
  • We do not “sell” your personal data. However, like many companies, we may use analytics from third parties that are intended to analyze your interactions with our website, based on information obtained from cookies or other trackers, including for delivering interest-based content to you.  Please refer to your help section with your internet browser for opting out of the use of cookies on our website.

• The Right to be informed about collection or disclosure of your Personal Information
  • You have the right to be informed of the categories of personal information that we collect about you as well as how we collect and utilize such information.

Exemptions

Information collected in certain situations may be exempt from the above rights. For example, some geographic locations do not afford the above privacy rights to individuals and some geographic locations provide for certain exemptions to the above rights.  Such exemptions may include, for example, information that must be retained under certain labor and employment laws, information needed to complete transactions, information necessary for the legitimate interests of our business or information that is disclosed or obtained by our business that is covered by other legislative requirements, such as the Federal Credit Reporting Act (FCRA).   Please contact us should you have questions or concerns.

Exercising Deletion and Disclosure Rights

You may exercise your rights with us by utilizing any of the following methods: 

• Online Submittal: Privacy Consumer Request Form
• Consumer Request Form By Phone: (866) 765-7544
• By Email: AskPrivacy@staffmarkgroup.com

We will respond to your requests within the applicable time periods and in the manner prescribed by applicable law.

In connection with any privacy-related requests you submit to us in exercising rights to which you are entitled under applicable law, we will undertake steps to verify your identity. We may ask you to provide information that we have on file about you or, if the request is submitted in writing or electronically, we may contact you via another method (e.g., telephone) to verify your identity. We will only use personal information provided in a request to verify the requestor’s identity and authority to make the request and we will maintain a record of any such requests as required by law. If we are unable to verify your identity, we will not be able to fulfill your request.

You may also make a request through an Authorized Agent. Your designated agent must provide proof of signed permission that you have given them the authority and right to submit the request. Agents will be required to verify their own identify, as well as that of the consumer they are submitting the request for. We may also require you to directly verify your identity directly with us, and/or confirm with you that you provided the agent with permission.

Click here to download the Privacy Consumer Request Form Submission by Authorized Agent.

Non-Discrimination

We will not deny services, charge different prices, offer a different quality of service, or otherwise discriminate against an individual for exercising the rights afforded to him or her under applicable privacy law.

9. DATA SECURITY

The security, integrity, and confidentiality of your information are extremely important to us. We have implemented technical and administrative security measures that are designed to protect information from unauthorized access, disclosure, use, and modification. We restrict  and regulate access to your personal information. Unfortunately, despite such measures, no data transmission over the Internet and no database or other depository of information can be one hundred percent secure. As a result, while we will strive to protect your information, we cannot and do not guarantee or warrant the security of any of your information.

10. COOKIES AND ANALYTICAL TOOLS

When accessing and visiting our website, data may be collected from you through the use of cookies, which are sent to your computer and saved automatically. We use cookies primarily to maintain, operate, and improve your experience on our website, including to analyze website traffic and run analytics, remember your preferences, and optimize your experience by personalizing content. Most browsers support cookies and allow visitors to disable or block them. You can set your browser so that all cookies will be rejected or that you will receive a message when a cookie is being sent. However, some functions or services on our website may not work properly without cookies. Unless you disable cookies or do not accept our cookies, by using our website and online services, you agree that you accept these types of cookies and related technologies on your device. Analytic tools, such as Google Analytics, may also be used to help make our website work better and help us understand how you use our website and what parts of our website are being utilized. Google provides an opt-out for this tool here.

Do Not Track

Some internet browsers have a “do not track” feature. It lets you tell websites you visit that you do not want them to track your online activity. These features are not yet uniform across browsers. Our websites are not currently set up to respond to these signals.

11. COMMUNICATION PREFERENCES

You may change or update your preferences for receiving marketing communications from us at any time. Please visit our Communication Preferences Page to opt-out or opt-in to receiving communications. If you no longer want to receive marketing-related emails from us on a going-forward basis, you may also opt-out by using the unsubscribe button in each email. If you no longer wish to receive marketing-related texts from us on a going-forward basis, you may also opt-out by texting “STOP” to us at any time.

12. Changes to our Privacy Policy

This Privacy Notice may be updated or changed periodically. The most current version of this Privacy Notice will govern the use of your information.

12. CONTACT US

If you have questions or concerns about our Privacy Policy or otherwise wish to reach us, please contact us by email at askprivacy@staffmarkgroup.com.