Last Updated: January 26, 2023
Privacy Notice for California
Employees, Independent Contractors, Directors, and Job Applicants
MPL Brands NV, Inc. and/or MPL Brands, Inc. (collectively, “MPL” “we” or “us”) adopts this Privacy Notice for California Employees, Independent Contractors, Directors, and Job Applicants (the “Privacy Notice”) regarding Personal Information that we collect about California residents in the context of their current, former, or potential role as our employee, independent contractor, or director to comply with the California Consumer Privacy Act (“CCPA”) and California Privacy Rights Act (“CPRA”). Any terms defined in the CCPA and CPRA have the same meaning when used in this Privacy Notice.
This Privacy Notice describes how MPL collects and uses Personal Information of you as a job applicant, employee, independent contractor or director and a resident of California (“HR Individuals” “you” or “your”), the categories of Personal Information we collect, and instances where we may disclose your personal information to third parties, as well as certain rights you have under the CCPA and CPRA.
If you are not a job applicant, employee, independent contractor or director who is a resident of California, this Privacy Notice does not apply to you.
Where We Get Your Personal Information From
We collect information about you from the following sources: 1) you; 2) prior employers, references, recruiters, job-related social media platforms, educational institutions; 3) third-party sources of demographic information; 4) third-party companies, such as background check companies, 5) claim administrators and investigators; and 6) credentialing and licensing administrators and investigators. Depending on our interactions with you, we may or may not collect all of the information identified about you.
Categories of Personal Information
We may collect the Personal Information, including Sensitive Personal Information, in the categories listed in the table below. Examples listed herein are illustrative of the types of Personal Information included in each category and may or may not be the specific types of Personal Information collected on you. Additionally, some Personal Information included in these categories may overlap with other categories.
|Personal Information Category
|Identifiers||First and last name, your address, your email address, telephone number, date of birth, social security number, driver license number, passport number, and/or other government identification numbers, immigration and work authorization status, signature, and username and/or account name||YES|
|Personal information categories Protected under the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||First and last name, your address, your email address, telephone number, date of birth, social security number, driver license number, passport number, and/or other government identification numbers, immigration and work authorization status, signature, and username and/or account name. Financial information such as banking information for direct deposit, debit card number, credit card number, tax selections, pay rate, and payroll deduction information. Benefit selection and related information such as your benefit selection, social security number or other government identification number, date of birth, health insurance information, policy number, and selections.
|Protected classification characteristics under California or federal law
|Age, race, color, national origin, citizenship, marital status, physical or mental disability, sex (including gender, gender identity, gender expression), and veteran or military status
|Commercial information||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||Yes|
|Fingerprint mapping, facial recognition, and retina scans
|Internet or other similar network activity
|Browsing history, search history, information on a consumer’s interaction with a website, program, or advertisements.
|Geolocation data||Information that can be used to identify an electronic device’s physical location or movements||YES|
|Audio, electronic, visual, thermal, olfactory, or similar information.||Yes|
|Professional or employment-related information||Current or past employment history, employee status and title, job evaluations, employment status, job assignments, hours worked, training and development information, performance evaluation information, disciplinary and counseling information, background check information, drug test results, driving records, and termination information.
|Non-public education information||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records
|Inferences drawn from other personal information||NOT COLLECTED
|OTHER PERSONAL INFORMATION DESCRIPTION
|Profile reflecting a person’s preferences, characteristics, predispositions, attitudes, and abilities such as health conditions, if relevant to your employment, job restrictions,workplace accident and illness information, and health insurance policy information
Beneficiary Information of your beneficiaries, such as name and contact information, relationship to you, birth date, social security or other government identification number, and any other information necessary to process any benefits 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
|Sensitive Personal Information Category
|Social security, driver’s license, state identification card, or passport number||YES|
|Complete account access credentials
|User names, account numbers, or card numbers combined with required access/security code or password||Yes|
|Any data that is derived from a device, and that is used or intended to be used to locate an individual within a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet||Yes|
|Racial or ethnic origin
|American Indian or Alaska Native, Asian, Black or African American, Native Hawaiian or Other Pacific Islander, and White; Hispanic or Latino||No|
|Religious or philosophical beliefs
|Mail, email, or text messages contents not directed to us||YES|
|Unique identifying biometric information||Processing of biometric information for the purpose of uniquely identifying a consumer||No|
|Health, sex life, or sexual orientation information
|Health conditions, if relevant to your employment, job restrictions, workplace accident and illness information, and health insurance policy information.
Sexual orientation information is not directly requested or collected. However, we may obtain information regarding marital status or domestic partner in order to provide and administer benefits to employees
However, the following categories of information are not considered Personal Information:
- Publicly available information
- Deidentified or aggregated information or
- Information otherwise excluded from the scope of the CPRA.
We will retain your personal information for as long as reasonably necessary to fulfill the purposes set out in this Privacy Notice, including satisfying any legal, regulatory, tax, accounting or reporting requirements, to comply with applicable laws, resolve disputes and enforce our legal agreements and policies, or as long as it is required to do so by applicable laws (whichever is longer). Personal Information, including Sensitive Personal Information, is generally retained for seven (7) years after your employment has ended unless legally required to retain it for a longer or shorter period of time.
The criteria used to determine our retention periods include:
- As long as we have an ongoing relationship with the individual
- As required by a legal obligation to which we are subject
- As advisable in light of our legal position (such as in regard of applicable statutes of limitations, litigation, or regulatory investigations)
- The time period necessary to achieve the purpose of use and processing
Disclosure to Third Parties
MPL does not sell or otherwise disclose your personal information to any third parties for any monetary consideration or for cross-context behavioral advertising.
We may disclose your personal data to the following categories of recipients:
(i) MPL affiliates: We may disclose your personal data to other MPL entities to fulfill the purposes described in this Privacy Notice. Please also note that most personnel within MPL will have access to your business contact information such as name, position, telephone number, work address and email address.
(ii) External service providers, such as (1) payroll and tax administrators, pensions and benefits providers and administrators, human resources administrators, IT systems and support providers, account monitoring services, financial institutions, telecommunications providers, insurance companies; (2) accountants, auditors, lawyers and other outside professional advisors; (3) other third parties engaged to assist us in carrying out business, recruiting, or human resources activities; and (4) data verification services to ensure your data is accurate and to reduce errors. We do not allow third party service providers to use or disclose your personal information except as necessary to perform services on our behalf or to comply with legal requirements.
(iii) Local authorities: We may share your personal data with local governmental, regulatory, supervisory and/or judicial agencies or other public or official bodies, as permitted or required under applicable law.
(iv) Business investors: Your personal data may be disclosed to potential investors and their advisors, auditors and legal counsel in connection with a corporate restructuring, sale or assignment of assets, merger, divestiture or other changes of control or financial status of MPL (including a reorganization, dissolution, or liquidation).
(v) Other third parties: Your personal data may be disclosed to third parties in circumstances where we are required to do so by law, regulation or legal process (such as a court order or subpoena), or when we believe disclosure is necessary in order to achieve any purpose disclosed under this Notice.
Any disclosure of COVID-19-related information to management and employees at locations where an employee that tests positive was working will be to the extent necessary so that other employees in contact with them can self-isolate, monitor symptoms, and/or get a COVID-19 test for sanitizing purposes, or to report to relevant authorities. The result of a positive test may also be shared anonymously to third-party cleaning services to the extent necessary that sanitizing action needs to be taken due to a positive test to protect the safety of other employees.
Use of Personal Information
We use your Personal Information, including Sensitive Personal Information, as appropriate to:
- Comply with all applicable laws and regulations.
- Recruit and evaluate job applicants and candidates for employment.
- Conduct background checks.
- Manage your employment relationship with us, including for onboarding processes; timekeeping, payroll, and expense report administration; employee benefits administration; employee training and development requirements; the creation, maintenance, and security of your online employee accounts; reaching your emergency contacts when needed, such as when you are not reachable or are injured or ill; and/or workers’ compensation claims management.
- Evaluate independent contractors in deciding to engage in their services.
- Manage your contracting relationship with us, including for payment and benefits administration, the creation, maintenance, and security of your online accounts, reaching your emergency contacts when needed, such as when you are not reachable or are injured or ill, employee job performance, including goals and performance reviews, promotions, discipline, and termination, and/or other human resources purposes.
- Manage and monitor employee and/or contractor access to company facilities, equipment, and systems.
- Conduct internal audits and workplace investigations.
- Investigate and enforce compliance with and potential breaches of Company policies and procedures.
- Engage in corporate transactions requiring review of employee or independent contractor records, such as for evaluating potential mergers and acquisitions of the Company.
- Maintain commercial insurance policies and coverages, including for workers’ compensation and other liability insurance.
- Perform workforce analytics, data analytics, and benchmarking.
- Administer and maintain the Company’s operations, including for safety purposes.
- For client marketing purposes.
- Exercise or defend the legal rights of the Company and its employees, affiliates, customers, contractors, and agents.
- Provide an efficient means for personnel to obtain the contact information of their colleagues so they may contact them.
- Calculate insurance and other employee benefits.
- Maintain and secure our facilities, equipment, systems, and infrastructure.
- Undertake quality and safety assurance measures, protect the health and safety of our workforce and others, and conduct risk and security control and monitoring.
- Conduct research, analytics, and data analysis to assist in planning succession and to ensure business continuity, as well as to design employee retention programs and diversity initiatives.
- Perform identity verification, accounting, audit, and other internal functions, such as internal investigations.
- Monitor use of IT infrastructure, internet access, and electronic communication for unauthorized, unlawful, or inappropriate use.
- Record phone calls for training, quality assurance, and legal compliance purposes.
- Operate and manage IT and communications systems and facilities, allocate company assets and human resources, and undertake strategic planning and project management.
- Obtain legal advice and establishing, exercising or defending legal rights, acting on collection and discovery requests in the context of litigation, government investigations or regulatory audits or inquiries.
- Comply with law, legal process, investigations, internal policies and other requirements such as income tax deductions, monitoring, record-keeping and reporting obligations.
Your Rights Regarding the Information Collected
Subject to applicable law, HR Individuals have the following rights:
- Right to Know: You have the right to submit a verifiable request for copies of specific pieces of your personal information collected in the preceding 12 months or at your option since January 1, 2022. Please note that the CPRA’s right to obtain copies does not grant a right to the whole of any document that contains personal information, but only to copies of “specific pieces” of personal information. There may be some specific information about you that we are not permitted by law to provide to you because of legal restrictions or because the information is used for security purposes, such as information collected in an internal investigation. You may make these requests up to twice in a 12 month period. Moreover, HR Individuals have a right to know categories of information collected, the sources of personal information, our purpose for collecting and using personal information, and categories of external recipients to which personal information is disclosed, but not the individual sources or recipients. This information is provided above. MPL does not always track individualized sources or recipients.
- Right to Delete: You have the right to submit a verifiable request for the deletion of personal information that you have provided to MPL. Certain information that we hold about you may not be deleted. We are not permitted to delete information that we need in order to operate our business, administer our employees, protect our legal obligations and rights, or to provide security for our employees, our systems and our company.
- Right to Correct: You have the right to submit a verifiable request for the correction of inaccurate personal information maintained by MPL, taking into account the nature of the personal information and the purposes of processing the personal information.
- Right to Opt Out of Sale and Sharing: You have the right to opt out of the sale of your personal information and the disclosure of your personal information for cross-context advertising. As noted above, MPL does not sell personal information or disclose personal information for cross-context advertising.
- Right to Limit Processing of Sensitive Personal Information: You have the right to tell us not to process sensitive personal information except for the purpose for which it was originally collected. Sensitive personal information includes the following categories of information described above: § 1798.80: personal information, characteristics of protected classifications, sensitive identifiers, health information, biometrics, religion, sex life, sexual orientation, personal communications, financial account information, and log in credentials. We describe the purposes for which we collect this information above and we do not process this information for other purposes.
We will fulfill each of these requirements per the requirements of California law. To exercise the California privacy rights described above, please call 415-729-1720 or email [email protected]
Authorized Agent Requests
The CPRA allows you to designate an authorized agent to make a rights request on your behalf. If an authorized agent submits on your behalf a request to know, correct or delete, the authorized agent must submit with the request either (a) a power of attorney, signed by you, that is valid under California law; or (b) another document signed by you that authorizes the authorized agent to submit the request on your behalf. In addition, we may ask you or your authorized agent to follow the applicable process described above for verifying your identity. You can obtain an “Authorized Agent Designation” form by contacting us at [email protected]
Non-Discrimination and Non-Retaliation Policy
Company will not unlawfully discriminate or retaliate against you for exercising your rights under the California Privacy Rights Act.
Assistance For The Disabled
Alternative formats of this Privacy Notice are available to individuals with a disability. Please contact [email protected] for assistance.
Changes to This Privacy Notice
We reserve the right to update this Privacy Notice at any time and will provide you with a new Privacy Notice when and if any updates are made. If we would like to use your previously collected Personal Information for different purposes than those it notified you about at the time of collection, we will provide you with notice and, where required by law, seek your consent before using your Personal Information for a new or unrelated purpose.
Questions and Contact Information
If you have any questions about this Privacy Notice, please contact [email protected] or call 415-729-1720.