2Modern Privacy Notice for California Employees, Job Applicants, and Contractors
Last Revised on: January 1, 2020
Last Reviewed on: January 1, 2020
This Privacy Notice for Employees, Job Applicants, and Contractors applies solely to employees, job applicants, contractors, and similar individuals of 2Modern who reside in the State of California (“you” or “Work Related Individuals”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice. This Notice does not apply to personal information collected by 2Modern about you related to consumer transactions or other consumer interactions between you and 2Modern.
Overview
The CCPA is a comprehensive new consumer protection law set to take effect on January 1, 2020. It requires companies to inform consumers about the personal information that they collect and share, and gives them a right to access their information, to request deletion of their information, and to opt-out of having their information sold.
Until January 1, 2021, employee personal information is outside of the scope of the CCPA requirements, except for:
- The right to know, at or before the point of collection, the categories of personal information to be collected and the purposes for which the categories of personal information shall be used. Section 798.100(b)
- The right of private action in the event of a negligent data breach. Section 1798.150
This temporary exemption covers information collected in the course of the individual’s acting as a job applicant, employee, officer, director or contractor of 2Modern, to the extent that 2Modern uses such information in the context of the individual’s role (or former role) as an applicant, employee, etc. This includes emergency contact information and information necessary to administer benefits that an applicant, employee, etc. provides (which could include information about another individual who is the emergency contact or benefit recipient), so long as it is only used for that purpose.
Information We Collection
We collect information about Work Related Individuals that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with that individual (”personal information”). Personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
In particular, we have collected the following categories of personal information from Work Related Individuals within the last twelve (12) months:
| Category | Examples | Collected |
|---|---|---|
| A. Identifiers. | A real 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 |
| B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | A 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. Some personal information included in this category may overlap with other categories. |
Yes |
| C. Protected classification characteristics under California or federal law. | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status. | Yes |
| D. Commercial information. | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | No |
| E. Biometric information. | Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | No |
| F. Internet or other similar network activity. | Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. | Yes |
| G. Geolocation data. | Physical location or movements. | No |
| H. Sensory data. | Audio, electronic, visual, thermal, olfactory, or similar information. | No |
| I. Professional or employment-related information. | Current or past job history or performance evaluations. | Yes |
| J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). | 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. | No |
| K. Inferences drawn from other personal information. | Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | Yes |
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from a Work Related Individual or his/her agent. For example, from documents or forms that you may provide to us related to participating in 2Modern’s health or retirement benefit programs or the job position for which you are applying.
- Indirectly from Work Related Individual or his/her agent. For example, from evaluating your performance in your job position or the job position for which you are applying.
- Directly and indirectly from your activity from a Work Related Individual’s electronic activity on our website (www.2Modern.com), on our network or your use of an online application or business system provided by 2Modern or its Service Providers. For example, browsing history when you visit a website while on 2Modern’s network or use 2Modern’s email.
- From third party Service Providers that provide services to us in connection with our business operations. For example, employment applicant contact information from our applicant tracking system provider.
Purpose of Collection
We may use or disclose the personal information we collect for one or more of the following business purposes:
- to evaluate an employment application;
- determining eligibility for employment;
- administering pay and benefits;
- processing employee work-related claims;
- establishing training and/or development requirements;
- conducting performance and goal reviews;
- assessing qualifications for a job or task;
- gathering evidence for disciplinary action or termination;
- establishing a contact in the event of an emergency;
- reporting on company metrics;
- compiling directories;
- complying with applicable labor or employment statutes;
- ensuring the security of company-held information;
- legal reasons, including to comply with applicable law and regulation or cooperate with public and government authorities and law enforcement or in the event of a dispute
- 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; and
- other purposes as are reasonably required by 2Modern.
- We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
We do not and will not sell personal information of Work Related Individuals collected in connection with employment, contracting, or employment-related applications. So, we do not offer an opt-out to the sale of personal information for Work Related Individuals.
We collect and use personal information about Work Related Individuals within the context of the Work-Related Individual’s role or former role as an employee, job applicant, contractor, or similar role. We also collect personal information of your emergency contacts, and we use that information within the context of having emergency contacts on file for you. Lastly, we collect, use, and retain personal information about other individuals related to you to the extent necessary to help us administer benefits, if any, for those individuals.
Sharing Personal Information of Work Related Individuals
We may share the personal information a Work Related Individual solely for a Business Purpose. When we disclose personal information for a business purpose, we enter 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. In the preceding twelve (12) months, we have disclosed the following categories of personal information of Work Related Individuals for a business purpose: Categories A, B, C, F, G, I, and K. We have shared this information with our Service Providers.
Change to our CCPA Privacy Notice for Work Related Individuals
We reserve the right to amend this privacy notice at our discretion and at any time. When we make material changes to this privacy notice, we will post the updated notice in the 2Modern Wiki under Privacy Notices, update the notice’s Effective Date above and request employee acknowledgment by electronic review and sign-off.
Contact Information
If you have any questions or comments about this notice, complete an inquiry form, send an email to 2Modern at privacy@2modern.com or send a written inquiry to:
Carve Media, Inc. (dba 2Modern)
www.2modern.com
35 Miller Ave
Mill Valley, CA 94941
