CALIFORNIA RESIDENT EMPLOYEE/CONTRACTOR/APPLICANT PRIVACY POLICY AND PERSONAL INFORMATION COLLECTION NOTICE

Please read this California Employee/Contractor/Applicant Privacy Policy and Personal Information Collection Notice (“California Employee Privacy Policy and Collection Notice”) to learn how we collect and process your personal information when you are employed by Myers, engaged to provide services to Myers as a contractor or in another non-employee capacity, or apply for a job with Myers. This California Employee Privacy Policy and Collection Notice provides information both about how we will collect and process your information going forward and the categories, sources, and uses of such personal information Myers has made in the preceding 12 months.

Under the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100 et seq. and its implementing regulations (the “CCPA”), as modified by the California Privacy Rights Act (the “CPRA”), you have the right to know and understand the categories of personal information we may collect about you, the purposes for which we use such personal information, and how such information has been collected and used in the prior twelve months. Certain terms used in this California Employee Privacy Policy and Collection Notice have the meaning given to them in the CCPA or CPRA and their implementing regulations.

This California Employee Privacy Policy and Notice only applies to employees, contractors and job applicants who are residents of the State of California.

Myers does not sell or otherwise disclose personal information for monetary or other consideration to any third parties. Nor does Myers share personal information of employees, contractors, or job applicants for purposes of targeted or cross-context behavioral advertising.

Categories of Personal Information We Collect

In each case as permitted by applicable law, we may collect (and have collected in the past 12 months) the following categories of personal information for the purposes described below:

  • Personal identifiers, such as your name, preferred name, postal address, unique personal identifiers (such as device identifiers, cookies, beacons, pixel tags, mobile ad identifiers and similar technology), telephone number, online identifier, Internet Protocol address, email address, Social Security number, driver’s license number, passport number, date of birth, signature, physical characteristics or description, state identification card number, insurance policy number, education, bank account number, credit card number, debit card number, other financial information, medical information and health insurance information.
  • Characteristics of protected classifications, such as race, color, national origin, religion, age, sex, gender, gender identity, gender expression, sexual orientation, marital status, medical condition, ancestry, genetic information, disability, citizenship status and military or veteran status.  We only collect this information if you voluntarily disclose it and as permitted by applicable law, and we will not use this information to make hiring decisions.
  • Online activity, such as your browsing history, search history and information regarding your interaction with a website, application or advertisement.
  • Sensory data, such as audio and visual information that we may obtain if you use video interviewing as part of the application process or through on-camera video and teleconferencing systems while employed. If you visit, work or perform services in our facilities or facilities in which we operate, your entry, exit and actions in or around those facilities may be monitored by CCTV.
  • Professional or employment-related information, such as your employment history, job application or resume, employment contract, references, information about skills and abilities, accomplishments and awards, training and development information, performance evaluation information and employment termination information.
  • Non-public education information, such as your education history, education records (such as grades, transcripts and class lists) and other information included in your resume or cover letter.

The above listed categories include within their scope “sensitive personal information” as that term is defined in the CPRA. As such, Myers may collect such sensitive personal information in the course of collecting the information listed in the above categories.

We also may collect personal information included in job interview notes, responses to screening questions, assessment results, performance results and any other information you choose to provide to us in connection with the recruitment or employment process.

Sources of Personal Information/How Personal Information is Collected

We collect personal information you voluntarily provide to us during the application process, while you are employed or engaged by us, or when you otherwise contact us during your application process or employment/engagement period. We may also automatically collect certain information, such as IP addresses and device identifiers.

We may combine personal information you voluntarily provide to us with information we collect from other sources, such as:

  • Recruiters;
  • Prior employers and professional references;
  • Educational institutions;
  • Pre-employment screening and background check services;
  • Publicly available sources, such as public social media profiles on LinkedIn, Twitter or Facebook;
  • Third parties, such as banks, financial institutions, advisors, benefits managers, healthcare professionals (with your consent)
  • Our website, including through the use of cookies (please see Myers Privacy Policy and Notice and Website Terms of Service);
  • Our internal information technology and systems and employee/contractor management processes (including, but not limited to online document management, time recording systems, door entry systems, reception logs, telephone logs, CCTV and access control systems, email and electronic communication monitoring systems); and
  • Other sources as directed by you

Business Purposes for Collecting Personal Information

We use (and have used in the past 12 months) the categories of personal information above for the following business purposes:

  • Recruitment of Employees and Processing and Managing Job Applications: We use your personal information to process your job application, create an applicant profile, evaluate your qualifications, schedule and conduct interviews and communicate with you.
  • Conducting Pre-Employment Screening and Background Checks: In accordance with applicable law, we use your personal information to conduct employment screening and background checks.
  • Compensation and Expense Management: We use your personal information to conduct payroll processing, salary administration, expense reimbursement, manage the Company’s corporate credit card program and other compensation purposes such as determining bonuses, equity and other forms of employee compensation.
  • Benefits Administration: We use your personal information we collect to administer benefits we provide, such as medical, dental, vision, disability insurance, retirement benefits and other employee benefit programs.
  • General Human Resources Management: We use your personal information we collect to provide general HR management services, including managing employee on-boarding, termination and separation, travel administration and return-to-work screening (including any medical screening as required or permitted by applicable law).
  • Training and Professional Development: We use your personal information to provide employment-related training, assisting with professional licensing and development.
  • Internal Employment Purposes: We use your personal information to conduct internal investigations, conduct surveys, resolve disputes, prevent or detect fraud or security incidents, conduct employee performance reviews, enforce our policies and code of conduct, protect the rights and safety of employees or others and manage whistleblower programs.
  • Internal Business Purposes: We use your personal information to provide services to our customers, improve or evaluate the use, performance, and safety of our programs, systems and technologies, to evaluate and improve the quality of our customer or vendor experience, to design new products and services, to conduct data analysis and testing, and to maintain proper business and other relevant records.
  • Compliance with Legal Requirements and Enforcement of Our Legal Rights: We use your personal information to comply with applicable laws, regulations and legal processes (such as responding to subpoenas or court orders), and to respond to legal claims, resolve disputes, enforce our legal rights contained in employment or other contracts and comply with legal or regulatory recordkeeping requirements.

Disclosure of Personal Information

We may share your personal information for the business purposes described in this California Employee Privacy Notice with the following parties:

  • Affiliates and Subsidiaries: We may share your personal information with our affiliates and subsidiaries.
  • Service Providers: We may share your personal information with service providers, such as recruiters, pre-employment screening services, third-party benefits administrators, payroll processors, background check providers and others.
  • Governmental Authorities: As required by law or legal process, we may share your personal information with federal or state regulatory agencies, law enforcement, courts and other governmental authorities.
  • Professional Advisors: We may share your personal information with our professional advisors, such as auditors and law firms.
  • Parties Involved with Business Transfers: We may share your personal information to third parties in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation).

In accordance with our policies and procedures, we will not discriminate or retaliate against you if you choose to exercise any of your rights under the CCPA or CPRA.

California Employee/Contractor/Applicant Rights

California law grants certain rights to California residents and imposes restrictions on particular business practices as summarized below. Employees/contractors/applicants who are California residents have the right to request that we disclose to you what personal information we collect, use, disclose, and sell about you.

Do-Not-Sell.  California residents have the right to opt-out of any sale of your personal information.  Myers does not sell personal information about California residents.

Do-Not-Share. California residents have the right to opt-out of any sharing of personal information with third parties for purposes of targeted or cross-context behavioral advertising. Myers does not share employee/contractor/applicant personal information with third-parties for purposes of targeted or cross-context behavioral advertising.

Right to Limit Use: Myers does not collect sensitive personal information regarding employees/contractors/applicants for the purpose of inferring any characteristics about such individuals.

Verifiable Requests for Copy, Deletion , Correction, and Right to Know. Subject to certain exceptions, California residents have the right to make the following requests, at no charge, up to twice every 12 months (please see ‘Submitting Requests’ below for instructions about how to exercise your rights):

Deletion: The right to request deletion of your personal information that we have collected about you, subject to certain exemptions, and to have such personal information deleted, except where otherwise limited by law;

Copy: The right to request a copy of certain of the specific pieces of personal information that we have collected about you;

Right to Correct: The right to direct, subject to the use of commercially reasonable efforts, the correction of inaccurate personal information that we have collected about you;

Right to Know (Collection): Where we have collected your personal information, you have the right to request that we disclose to you certain information about how we have handled your personal information, including the categories of personal information collected, categories of sources of personal information, business and/or commercial purposes for collecting personal information, and the categories of third parties/with whom we have disclosed or shared your personal information.

If you are a California resident who wishes to obtain access to, know, correct, or to direct us to delete, your personal information, please fill out this Data Request Form and email it to privacy@myersind.com.  You may also call us at 1 888 788 2278.

We will respond to your requests within 45 days, unless additional time (up to 90 more days) is needed, in which case we will let you know.

When you submit your request, we will take steps to attempt to verify your identity. We will seek to match the information in your request to the personal information we maintain about you. As part of our verification process, we may ask you to submit additional information, use identity verification services to assist us, or, if you have set up an account on our website or systems, we may ask you to sign into your account as part of our identity verification process. Please understand that, depending on the type of request you submit, to protect the privacy and security of your personal information, we will only complete your request when we are satisfied that we have verified your identity to a reasonable degree of certainty.

Data Storage, Security, and Retention

Myers uses appropriate technical and organizational measures to protect your Personal Information that we store and process. The measures we use are designed to provide a level of security appropriate to the risk associated with processing your Personal Information. Unfortunately, no transmission or storage system can be guaranteed to be 100% secure. Therefore, we cannot guarantee its absolute security and we do not warrant that your Personal Information will not be subject to unauthorized uses or disclosures.

Myers will retain your Personal Information for as long as needed in connection with your employment/engagement/application with Myers based on the following criteria:  as needed for the purposes outlined in this Notice or at the time of collection, as necessary to comply with our legal obligations (for example, to comply with opt-out requests or for tax, accounting, or employment reporting requirements), as necessary to resolve disputes and enforce our agreements, or to the extent permitted by law. Please contact HR for further detail and itemization of our record retention schedule.

How to Contact Us

If you have any questions or concerns regarding this California Employee Privacy Notice or the collection of your personal information, please contact privacy@myersind.com.  You may also call us at 1 888 788 2278.