HAYS U.S. CALIFORNIA PRIVACY NOTICES
SUBCONTRACTOR / THIRD PARTY WORKERS / OTHER NON-EMPLOYEES
Updated: January 6th, 2023
Scope of Disclosures
This California Privacy Notice (the “CA Disclosures”) supplements the information contained in our Privacy Policy and applies solely to individual residents of theState of California ("California Consumers" or "you"). To the extent of any conflict between these CA Disclosures and the Privacy Policy, the CA Disclosures willcontrol.
These CA Disclosures describe how we collect, use, disclose, and otherwise process personal information of individual residents of the State of California, eitheronline or offline, within the scope of California consumer privacy law(s) such as the California Consumer Privacy Act of 2018, the California Privacy Rights Act of2020, and their respective implementing regulations (collectively, “CA Privacy Law”).
Personal Information Disclosures
When we use the term “Personal Information” in these CA Disclosures, we mean information that identifies, relates to, describes, is capable of being associatedwith, or could reasonably be linked, directly or indirectly, with a particular California consumer or household.For the purposes of these Disclosures, Personal Information does not include:
- Publicly available information, from government records or otherwise
- Deidentified, aggregated or anonymized information that is maintained in a form that is not capable of being associated with or linked to a specific, identifiable individual
- Information excluded from the scope of CA Privacy Law, 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);
- Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
- Information relating to current employees of any Hays entity, which is not governed by this Disclosure.
Any terms defined under CA Privacy Law have the same meaning when used in these CA Disclosures.
Collection, Disclosure, and Sale of Personal Information
In the last 12 months, we have collected, disclosed for a business purpose and sold the following categories of Personal Information:
| Category of Personal Information | Collected | Disclosed for Business Purpose | Sold / Sales* |
|---|---|---|---|
| Identifiers, such as name, postal address, e-mail address, and other identifiers | ✓ | ✓ | |
| California Customer Records (Cal. Civ. Code § 1798.80(e)) | ✓ | ✓ | |
| Protected Classification Characteristics, if provided, such as gender and age | ✓ | ✓ | |
| Internet/Network Information such as pages visited on our websites and links clicked; IP address, location information; browser and device data; and language preferences | ✓ | ✓ | ✓ |
| Geolocation Data | ✓ | ✓ | ✓ |
| Profession/Employment Information such as CV/resume information | ✓ | ✓ | |
|
Non-Public Education Information (20 U.S.C. § 1232g, 34 C.F.R. Part 99), such as education level and CV/resume information |
✓ | ✓ | |
| Other Personal Information, such as photographs, if provided | ✓ | ✓ | |
| Inferences drawn from categories of Personal Information listed above that may reflect preferences, characteristics and aptitudes |
✓ | ✓ |
*Note that we have indicated “Sold / Sales” solely due to our use of third-party advertising technology in relation to our online services. For more information, please see The Right to Opt Out of Personal Information Sales below.
Sources of Personal Information
We obtain the categories of Personal Information listed above from the following categories of sources:
- Directly from you. For example, we collect Personal Information when you apply for a position with us or our client(s), complete your profile, communicate with us, complete a survey, RSVP to an event, or are offered an assignment at one of our clients. We also collect information you provide to us through third party sites or services, such as job boards or social media platforms (such as LinkedIn).
- Indirectly from you. For example, we collect Personal Information by observing your actions on our website, and by collecting data automatically from your browser or device.
We also obtain information about you from third party sources, for example:
- Third parties you direct to share information with us, including for example, your references
- Our business partners and vendors, for example, background check providers, subcontractors, or clients
- Referrals from employees, subcontractors, clients, candidates, or other staffing companies and providers (such as skills testing firms) we have business relationships with
- Professional associations that we, or our employees, are members of, are involved in, or to whose websites we have access
- Colleges or universities
- Networking events
- Our affiliated companies
- Third party data and marketing partners from whom we buy, lease or otherwise obtain lists for marketing purposes
- Social media companies
- Publicly available data sources
Please review our Privacy Policy to learn more about how we collect Personal Information.
Purposes for Collecting Personal Information
We collect, use, sell or disclose Personal Information about you for one or more of the purposes:
- To fulfill or meet the reason you provided the information. For example, if you apply for a position posted on our website, we will use the information you provided to evaluate potential opportunities fitting your employment goals and skillset
- To communicate with you, including via email, text message, push notification and/or telephone calls
- To operate, maintain, and provide to you our recruitment/staffing services
- To market to you, including through email, phone or text message
- To personalize your experience and to deliver custom content and service offerings relevant to your interests, including through targeted advertising
- To recognize you and remember your information when you return to our website
- To help maintain the safety, security, and integrity of our websites, services, technology assets and business
- For testing, research, analysis, and product development, including to develop and improve our services
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations
- To manage a contractual relationship with you
- To manage our relationship with a client to whom you are presented for an assignment, or are assigned
- To ensure protection of rights and compliance with applicable law
- To help us establish, exercise or defend legal claims
- To evaluate, negotiate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets.
Recipients of Personal Information
We may disclose your Personal Information to a third party for a business purpose or sell your Personal Information to third parties, subject to your right to opt out of those sales (see The Right to Opt-Out of Personal Information Sales below).
We may disclose your Personal Information to the following categories of third parties:
- Service providers: We engage a number of third-party service providers that perform business or operational services for us or on our behalf, such as infrastructure provisioning, IT services, payment processing, resume parsing, short message services (SMS), automated online messaging (chatbot), document storage, document transmission, email, vendor management services and other similar services, and may disclose Personal Information to these providers subject to contractual terms restricting the collection, use and disclosure of your Personal Information for any other commercial purpose;
- Third parties at your request. We share your Personal Information with third parties with your consent or at your direction, or when needed to fulfil your request; for example, we share Personal Information with our client, and their authorized service providers when you apply for or are assigned as a temporary worker to that client;
- Our affiliate companies. We may share your Personal Information with other companies owned or controlled by our parent company, Hays plc, our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns (i.e. our affiliates) in the ordinary course of business of maintaining our business infrastructure; and/or
- Marketing Partners. From time to time, we may share personal information with third parties that assist with our marketing and advertising efforts, which could include sending you promotional emails or displaying online advertising. For a list of the categories of personal information that we have disclosed to third parties for a business purpose or that we have sold to third parties during the previous 12 months, please refer to the chart above.
Your California Privacy Rights
California Consumers may be able to exercise the following rights in relation to the Personal Information about them that we have collected (subject to certain limitations at law):
| The Right to Know | The right to request the following information relating to Personal Information we have collected and disclosed in the last 12 months, upon verification of your identity: • The specific pieces of Personal Information we have collected; • The categories of Personal Information we have collected; • The categories of sources of the Personal Information; • The purposes for collecting the Personal Information; • The categories of Personal Information we have sold and the categories of third parties to whom the Personal Information was sold; and • The categories of Personal Information we have disclosed for a business purpose and the categories of recipients. |
| The Right to Request Deletion | The right to request the deletion or erasure of Personal Information we have collected, subject to certain exceptions. |
| The Right to Opt Out of Data Sales | The right to direct us not to sell personal information we have collected about you to third parties. DO NOT SELL MY PERSONAL INFORMATION |
| The Right to Non-Discrimination | The right not to receive discriminatory treatment for exercising California consumer rights. However, please note that if the exercise of these rights limits our ability to process Personal Information (such as in the case of a deletion request), we may no longer be able to provide the Service or services or engage in the same manner. |
| "Shine the Light" | California residents that have an established business relationship with us have rights to know how their information is disclosed to third parties for their direct marketing purposes under California’s “Shine the Light” law (Civ. Code § 1798.83). |
How to Exercise Your California Consumer Rights
To Exercise Your Right to Know or Right to Request Deletion
To exercise your Right to Know or Right to Request Deletion, please submit a request by:
- Emailing customer.service.us@hays.com with the subject line “California Rights Request,”
- Filling out our California Resident Rights Request Form and submitting it online or via email to customer.service.us@hays.com, or
- Calling 866.396.3641
You may designate an authorized agent to exercise your right to delete and request updates by submitting to us a complete “Authorized Agent Designation” form, which you may request by writing to us at the Contact Us address listed below. If an authorized agent submits a request on your behalf, such request must be accompanied by a power of attorney valid under California law, or a writing signed by you that authorizes the agent to submit the request on your behalf.
We will need to verify your identity before processing most requests, which may require us to obtain additional personal information from you. We will only use personal information provided in connection with a Consumer Rights Request to review and comply with the request.
In certain circumstances, we may decline a request to exercise the rights described above. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.
Response Timing and Format. We will endeavor to respond to a verifiable consumer request within forty-five (45) days of receipt. If we are unable to process your request in such time, we will inform you of the delay in writing.
To Exercise Your Right to Opt Out of Personal Information Sales
To exercise the Right to Opt Out of Personal Information Sales, you may submit a request by clicking the button below:
DO NOT SELL MY PERSONAL INFORMATION
You do not need to create an account with us to exercise your Right to Opt Out of Personal Information Sales. However, we may ask you to provide additional personal information so that we can properly identify you in our dataset to track compliance with your opt-out request. We will only use personal information provided in an opt-out request to review and comply with the request. If you chose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our data systems.
Once you make an opt-out request, you may change your mind and opt back in to personal information sales at any time by contacting us at customer.service.us@hays.com.
Third party tracking and online advertising. We have indicated “Sold / Sales” in relation to Personal Information, solely due to our use of third-party advertising technology providers in relation to our online services. We utilize such third party services to engage in online advertising and these businesses collect your personal information directly from your browser or device when you visit our websites to serve relevant ads or personalize content and perform other advertising-related services such as reporting, attribution, analytics and market research. To learn more about online advertising and your choices, please see our privacy policy section titled “Online Advertising and Third Party Tracking.”
The Right to Opt In for Minors Under Age 16. We do not sell the personal information of consumers we know to be less than 16 years of age, unless we receive affirmative authorization (the "Right to Opt In") from either the minor who is between 13 and 16 years of age, or the parent or guardian of a minor less than 13 years of age. Please contact us at customer.service.us@hays.com to inform us if you, or your minor child, are under the age of 16.
“Shine the Light” disclosures. At the time of this writing, we do not provide your personal information to third parties for their direct marketing purposes, as described in California’s "Shine the Light" law (Civil Code Section §1798.83). To opt-out of having your personal information disclosed to third parties for their direct marketing purposes in the future, please click the Do Not Sell My Personal Information link above and provide your contact information to be added to our suppression list.
Updates to These Disclosures
We will update these CA Disclosures from time to time. When we make changes to these Disclosures, we will change the "Last Updated" date at the beginning of these Disclosures. All changes shall be effective from the date of publication unless otherwise provided in the notification.
Contact Us
If you have any questions or requests in connection with this Notice or other privacy-related matters, please send an email to customer.service.us@hays.com.
Alternatively, inquiries may be addressed to:
Hays
4350 West Cypress Street
Suite 1000 Tampa, FL
33607
Attn: Compliance & Legal