Personal data is known as personally identifiable information, for purposes of this policy means any information that directly and clearly identifies an individual or can be used in combination with other information to identify an individual. Examples of personal data include: An individual’s name, employee ID number, home address, phone number, personal email address, names of family members and date of birth.
Sensitive personal data is a subset of personal data that may be more sensitive in nature for the individual concerned. Examples of sensitive personal data include: race and ethnic information, sexual orientation,
political/religious beliefs, social security or other taxpayer/government issued identification numbers, financial information, national identification number or passport information, health or medical information, including genetic information and criminal records
We collect and maintain different types of personal data about you in accordance with applicable law. This includes the following:
- Home address
- Telephone number
- Date of birth
- Marital status
- Employee identification number
- Emergency contacts
- Work permit status
- Military status
- Passport information
- Social security or other taxpayer/government identification number
- Payroll information, banking details
- Wage and benefit information
- Retirement account information
- Sick pay, Paid Time Off, retirement accounts, insurance and other benefits information (including the gender, ag for any spouse, minor children or other eligible dependents and beneficiaries).
- Information from interviews and phone-screenings you may have had, if any.
- Date of hire, date(s) of promotion(s), work history, technical skills, educational background, professional certifications and registrations, language capabilities, and training records.
- Beneficiary and emergency contact information.
- Forms and information relating to the application for, or in respect of changes to, employee health and welfare benefits; including, short and long-term disability, medical and dental care, etc.
- Physical limitations and special needs in order to provide reasonable accommodations.
Records of work absences, vacation/paid time off, entitlement and requests, salary history and expectations, performance appraisals and disciplinary documents
Apart from personal data about yourself, you may also provide us with personal data of your dependents and other family members, for purposes of your HR administration and management, including benefits and to contact your emergency contact. Before you provide such third-party personal data you should first inform these parties of any such data which you intend to provide and of the processing to be carried out by us.
Generally, we collect personal data directly from you in circumstances where you provide personal data. However, in some instances, the personal data we collect has been provided by you through your interactions with us.
We reserve the right to monitor the use of our equipment, devices, computers, network, applications, software, and similar resources for the safety and protection of employees and intellectual property. In the event such monitoring occurs, it may result in the collection of personal data about you. If required by applicable law, we will notify you of such monitoring and obtain your consent.
We may collect and process your personal data in our systems for various purposes subject to local laws including:
- Recruitment, training, development, promotion, career, and development planning
- Appropriate vetting for recruitment and team allocation including, where relevant and appropriate, credit checks, right to work verification, identity fraud checks, relevant employment history, relevant regulatory status and professional qualifications
- Providing and administering salary, benefits, and incentives and providing relevant information to payroll
- Allocating and managing duties and responsibilities and the business activities to which they relate
- Identifying and communicating effectively with other employees and management
- Managing and operating conduct, performance, capability, absence, and allegations, complaints, investigations, and processes and other informal and formal HR processes and making related management decisions
- Consultations or negotiations with representatives of the workforce
- Processing information about absence or medical information regarding physical or mental health or condition in order to assess eligibility for incapacity or permanent disability related remuneration or benefits, determine fitness for work, facilitate a return to work, make adjustments or reasonable accommodations to duties or the workplace and make management decisions regarding employment
- For planning, managing and carrying out or other change programs including appropriate consultation, selection, alternative employment searches and related management decisions
- Operating email, IT, Internet, intranet, social media, HR related and other company policies and procedures. The company carries out monitoring of Nation’s IT systems to protect and maintain the systems, to ensure compliance with Nation’s policies and to locate information through searches where needed for a legitimate business purpose
- Complying with applicable laws and regulation (for example maternity or parental leave legislation, working time and health and safety legislation, taxation rules, worker consultation requirements, other employment laws and regulation to which Nation’s is subject in the conduct of its business)
- Where relevant for publishing appropriate internal or external communications or publicity material including via social media in appropriate circumstances, provided that privacy rights are preserved
- To support HR administration and management and maintaining and processing general records necessary to manage the employment or worker relationship and operate the contract of employment or engagement
- To centralize HR administration and management processing operations in an efficient manner for the benefit of our employees and to change access permissions
- To provide support and maintenance for our systems
- To enforce our legal rights and obligations, and for any purposes in connection with any legal claims made by, against or otherwise involving you
- To comply with lawful requests by public authorities, discovery requests, or where otherwise required or permitted by applicable laws, court orders, government regulations, or regulatory authorities
- Other purposes permitted by applicable privacy and data protection legislation including where applicable, legitimate interests pursued by Nation’s where this is not overridden by the interests or fundamental rights and freedoms of employees
Special Categories of Personal Data includes information revealing racial or ethnic origin, health, sex as well as genetic data. You may provide us with information which constitutes Special Categories of Personal Data or
information from which Special Categories of Personal Data may be deduced. In such cases, where required by law, we will obtain your express written consent to our processing of Special Categories of Personal Data. If
separate consent is not required by local law, by providing this information to Nation’s, you give your freely given, informed, explicit consent for us to process those Special Categories of Personal Data for the purposes set out in how we process and use your personal data.
You may withdraw your consent at any time by contacting Nation’s Human Resources. Where you have withdrawn consent but Nation’s retains the personal data we will only continue to process that Special Category Personal Data where necessary for those purposes where we have another appropriate legal basis such as processing necessary to comply with legal obligations related to employment or social security. However, this may mean that we cannot administer certain benefits or contact your next-of-kin in an emergency or provide support to you above and beyond our legal obligations. You give your knowledgeable, freely given, express consent to Nation’s for us to use, disclose and otherwise process any personal health information about you that is provided to Nation’sby any of your personal health information custodians for the reasons listed in this document above.
Your personal data may be shared, including to our affiliates, subsidiaries, and other third parties, as follows:
- Where you request us or provide your consent to us
- Where required by law, by order or requirement of a court, administrative agency, or government tribunal, which includes in response to a lawful request by public authorities, including to meet national security or law enforcement requirements or in response to legal process
- If we determine it is necessary or desirable to comply with the law or to protect or defend our rights or property
- As necessary to protect the rights, privacy, safety, or property of an identifiable person or group or to detect, prevent or otherwise address fraud, security or technical issues, or to protect against harm to the rights, property or safety of Nation’s, our users, applicants, candidates, employees or the public or as otherwise required by law
- Where the personal data is public and exempted from coverage under applicable data protection laws
- To seek advice from our lawyers and other professional advisors
To the extent access is required by applicable law, you can request access to the personal data that we hold about you. If you want to review your personal data, please submit a request to Human Resources. If you want to correct your personal data, you may do this through UKG or by contacting Payroll. The Main Office phone number is 510.237.1952.
When requesting access to your personal data, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal data that we hold about you.
We reserve the right not to grant access to personal data that we hold about you if access is not required by applicable law. There are also instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal data that we hold about you. In addition, the personal data may have been destroyed, erased or made anonymous. In the event that we cannot provide you with access to your personal data, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
We ensure that personal data in our possession is accurate, current and complete. If an individual believes that the personal data about him or her is incorrect, incomplete or outdated, he or she may request the revision or correction of that data. We reserve the right not to change any personal data we consider to be accurate or if such correction is not required by applicable law.
Except as otherwise permitted or required by applicable law or regulatory requirements, we may retain your personal data only for as long as we believe it is necessary to fulfill the purposes for which the personal data was collected.
You may request that we delete the personal data about you that we hold, provided that we reserve the right not to grant such request if we are not required to delete personal data under applicable law. There are instances
where applicable law or regulatory requirements allow or require us to refuse to delete this personal data. In the event that we cannot delete your personal data, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
To request deletion of your personal data or have questions or concerns regarding the handling of your personal data please contact Human Resources at 510.237.1952. You may also anonymously report violations of policy or law using our Third-Party managed Hotline. You can access the Hotline by calling 800-990-8384.
You may also have the following additional rights, subject to certain exceptions and limitations as specified in applicable law:
- Data portability – Where we are relying upon your consent or the fact that data processing may be necessary.
- Right to restriction of processing – You have the right to restrict our processing of your personal data where you contest the accuracy of the personal data until we have taken sufficient steps to correct or verify its accuracy; where you do not want us to erase the information; where we no longer need the personal data for the purposes of the processing, but you require them for the establishment, exercise or defense of legal claims; or where you have objected to processing justified on legitimate interest grounds pending verification as to whether Nation’s has compelling legitimate grounds to continue processing.
- To the extent required by applicable law, where personal data is subjected to restriction in this way we will only process it with your consent or for the establishment, exercise or defense of legal claims.
- Right to withdraw consent – Where we are relying upon your consent to process data, you have the right to withdraw such consent at any time.
- Right to object to processing justified on legitimate interest grounds – Where we are relying upon legitimate interest to process data, then you have the right to object to such processing, and we must stop such processing unless we can either demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or where we need to process the data for theestablishment, exercise or defense of legal claims. Normally, where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.
Last updated January 1, 2023