1. INFORMATION WE MAY COLLECT
We may collect Personal Information, either directly from Workers, Client Companies, or Vendors. We collect, process, and transfer Personal Information through electronic processes. We have established routine processing for certain functions such as processing for regular payroll, benefits administration, and vendor management.
a. INFORMATION YOU PROVIDE TO US
When you sign up for an account and use our Services, you give us personal identification information and other data.
1. For Workers, Employees, and Applicants: This can include the following:
- Personal identifiers, such as your 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. TCWGlobal collects this information to make an employment and/or job related decision that involves you, to fulfill or meet the reason you provided the information as a job applicant or employee, to provide you with employment, to manage your employment relationship with us and for general employee administration and processing (including employee payroll and benefits administration), and to create, maintain, and secure your employee records and personnel file.
- Financial information such as banking information for direct deposit, debit card number, credit card number, tax selections, pay rate, and payroll deduction information. TCWGlobal collects this information for employment related HR processes (including employee payroll and benefits administration), processing work-related claims (for example, insurance or payment claims), and all related accounting and auditing.
- 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. TCWGlobal collects this information to administer benefit related claims and for employment related HR processes.
- Protected classification and diversity information such as age, race, color, national origin, citizenship, marital status, physical or mental disability, sex (including gender, gender identity, gender expression), and veteran or military status. TCWGlobal collects this information to comply with local, state, and federal laws and regulations and for diversity initiatives.
- Professional and employment-related information such as 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. TCWGlobal may collect this information to make an employment and/or job related decision that involves you, to fulfill or meet the reason you provided the information as a job applicant or employee, to provide you with employment, to assess qualifications for a particular job or task, for education, training, and development requirements, and to gather evidence for disciplinary action or termination, for other human resource administration purposes, and to administer and process employee benefits.
- Education information such as education history. TCWGlobal may collect this information to evaluate and make an employment and/or job-related decision that involves you, to provide you with employment, to assess qualifications for an engagement.
- Health and Safety Information such as health conditions, if relevant to your employment, job restrictions, workplace accident and illness information, and health insurance policy information. TCWGlobal collects this information to maintain a safe workplace, assess your working capacity and make necessary accommodations, administer health and Worker’s Compensation programs, and comply with applicable laws.
- 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. TCWGlobal collects this information to administer and process any related benefit 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. TCWGlobal collects this information to maintain contact information should an emergency involving you arise during your employment.
2. For Vendors: This can include your name, email, work phone number, and additional company information
3. For general system users: This can include your name, email, and additional company-related information such as your department and office location
b. INFORMATION FROM THIRD PARTIES
For Workers, we may collect and receive information about you, including personal information and financial account information, from third parties, such as financial institutions, our service providers, our clients, and/or partnering vendors.
c. INFORMATION FROM USE OF STAFFINGNATION
When you utilize our Software, our Web server sends a cookie to your computer. Cookies are files that Web browsers place on a computer’s hard drive and are used to tell us whether Clients, Workers, or Visitors have visited the Site previously.
Stand-alone cookies do not identify you personally. They merely recognize your browser. Unless you choose to identify yourself to StaffingNation by creating an account, you remain anonymous. Cookies can be session-based and persistent-based. Session cookies exist only during an online session. They disappear once you close your browser software or turn off your computer. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. They provide convenient and rapid access to items like preferences and your personal user settings, which enhances your user experience within a system.
2. HOW WE USE YOUR INFORMATION
We use the Information you share and data we collect about you primarily for the legitimate interest of administering our business; (i) for registration and to manage your profile and listings, including to facilitate your access to and use of StaffingNation; (ii) to enable us to publish your submitted content; (iii) to respond to your questions and requests regarding customization or use of StaffingNation; (iv) to improve our product and service; (v) to resolve disputes and troubleshoot problems; (vii) to prevent prohibited activities or breach of agreements; (viii) to enforce our policies; and as otherwise described to you at the point of collection or as part of our separate service agreements.
With respect to Workers and Candidates, as an onboarding platform, StaffingNation does contain some of their private information which we will respect, keep private, and secure. We may have social security number, date of birth, address, phone number, email, resume, etc. We may utilize this information to provided employment, send emails, remind workers of deadlines, provide employee benefits, provide employment notices, prepare and provide W2’s, provide newsletters, etc. We also may use your data in order to send you job opportunities or to fill job engagements as requested by a client with whom you have previously communicated. The only entities that may have your information are: TCWGlobal, a third- party staffing agency (if they found you an engagement), integrated third-party software, and a client company.
We take steps to ensure that the Personal Information we process is reliable for its intended use, is accurate, up-to-date and complete, and is limited to the Personal Information required to carry out the purposes of the processing, as described in this Statement. Generally, we collect your information to find engagements for you, manage your engagements, comply with applicable laws, and provide you with benefits. Where appropriate, we may ask you to ensure that your Personal Information that we hold is accurate and up to date.
We process workers’ sensitive personal information if it is needed for legitimate business objectives and to the extent permitted or required to comply with applicable law. Sensitive Personal Information will not be collected, processed or transferred, except where adequate privacy protection mechanisms are in place and after having first obtained your informed explicit consent, if required by law.
3. OUR DISCLOSURE OF YOUR PERSONAL INFORMATION TO THIRD PARTIES
StaffingNation may use third-party vendors. Such vendors are necessary and have been vetted accordingly. StaffingNation may be required to transmit, store, or share information with those third-party vendors to conduct business. STAFFINGNATION DOES NOT SHARE THIS INFORMATION FOR MARKETING PURPOSES. Such vendors include, but are not limited to: API’s for verifications, ACH verification, location validation, API’s or EDI to integrate with end client system, benefit portals, timekeeping integrations, etc. When we engage another vendor to perform such functions, we may provide them information, including personal data, in connection with their performance of such functions.
If we have received your personal data and subsequently transfer that information to a third party agent or service provider for processing, we remain responsible for ensuring that such third party agency or service provider processes your personal data to the standards required by our Privacy Shield commitments.
We may disclose your personal data to the following categories of recipients:
(i) TCWGlobal affiliates: The Company may disclose your personal data to other TCWGlobal entities to fulfill the purposes described in this Notice. Within TCWGlobal affiliate entities, access to, use of and other processing of personal data will generally be limited to individuals who have a need to know the information for the purposes described in this Notice, which may include personnel from: Human Resources, IT, Compliance, Legal, Information Security, Finance and Accounting and Internal Audit. Most personnel within TCWGlobal 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; and (3) other third parties engaged to assist us in carrying out business or human resources activities. (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) Lawful Requests by Public Authorities: TCWGlobal 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, including to meet national security or law enforcement requirements.
(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 the Company (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.
4. SECURITY AND DATA INTEGRITY
TCWGlobal maintains technical, physical, and administrative security measures to protect information received from our workers, clients, suppliers, vendors, investors, and those individuals who utilize StaffingNation and browse and/or use our websites against loss, misuse, unauthorized access, disclosure, or alteration, and will only transfer your sensitive data via a protected channel or in an encrypted format. TCWGlobal is SOC 2 Type 1 certified.
Workers, Clients, and Vendors are expected to follow the company’s privacy and security policies and procedures, as well as applicable laws, when accessing and handling all Personal Information as well as confidential information provided to us. When we retain a third-party service provider, that provider will be required to (i) use measures to protect the confidentiality and security of the Personal Information and (ii) process the Personal Information only as directed by TCWGlobal.
StaffingNation requires unique usernames and passwords that must be entered each time a user logs on. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of data.
For purposes of our participation in the Privacy Shield program, TCWGlobal confirms that we are subject to the jurisdiction of the United States Federal Trade Commission (FTC), and to its investigatory and enforcement powers.
5. INTERNATIONAL AND U.S. DATA TRANSFERS
Your Personal Information may be transferred outside the European Union to locations in the U.S. and other countries that have different data protection laws than those in the country in which you are based and that may not have been granted an adequacy decision by the European Commission. TCWGlobal has executed Standard Contractual Clauses approved by the European Commission to ensure that your personal data is protected when transferred outside of the EEA. You can request to consult a copy of these Standard Contractual Clauses by contacting us.
If you are utilizing StaffingNation from outside of the United States, you understand and agree that your information and data may be transferred, stored, and used in the United States where our servers are located.
6. OUR DATA RETENTION POLICIES
Data destruction is a part of the many programs and regulations that TCWGlobal adheres to. This idea of data destruction reduces the amount of data that is potentially vulnerable. The internal procedures for data destruction have been reviewed with our various software vendors to indicate whether the data is “deleted” or just “hidden” within the system. If the data can only be “hidden”, then we will anonymize critical information such as SSN and remove ACH information.
We will retain any personal information only as long as necessary to fulfill the business purpose for which it was collected. We will also retain and use the information as long as necessary to comply with our legal obligations, resolve disputes, and/or enforce our agreements.
For specific details regarding TCWGlobal and its affiliates data retention policies please see our Document Retention Policy at www.tcwprivacy.com/policies.
Other countries not listed, please consult your local employer of record.
TCWGlobal purges all worker/wage and payroll files that are marked for deletion annually according to the above schedule. If data cannot be deleted, it will be anonymized.
7. AUTOMATED DECISION MAKING
StaffingNation does not have any automated decision-making processes or systems.
8. CHILDREN’S PRIVACY
9. YOUR STATE PRIVACY RIGHTS
State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents’ privacy rights, please review the following separate notices:
Both policies can be found at www.tcwprivacy.com
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits California residents to request certain information regarding our disclosure of their information to third parties for the third parties for direct marketing purposes. To make such a request, please contact us by sending an email to email@example.com or write us at: 3545 Aero Court, San Diego, CA 92123.
Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:
- Confirm whether we process their personal information.
- Access and delete certain personal information.
- Data portability.
- Opt-out of personal data processing for targeted advertising and sales.
Colorado, Connecticut, and Virginia also provide their state residents with rights to:
- Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.
- Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.
To exercise any of these rights please send an email to firstname.lastname@example.org or call 888-388-887. To appeal a decision regarding a consumer rights request please file an appeal either emailing email@example.com or by mailing the appeal to: 3545 Aero Court, San Diego, Ca 92123. A member of the TCWGlobal compliance department will respond in writing to the appeal within 45 days of receipt disclosing the outcome of the appeal and the explanation for the decision. If there are any concerns regarding the results of an appeal, the consumer has the right to contact the State Attorney General.
Nevada residents who wish to exercise their sale opt-out rights may submit a request by contacting TCWGlobal at: 888-388-8873 or firstname.lastname@example.org. However, please know we do not currently sell data triggering that statute’s opt-out requirements.
10. REQUEST TO DELETE/RIGHT TO BE FORGOTTEN
If you would like to submit a “request to delete,” “request to be forgotten,” or have a question regarding what personal information has been collected, please send an email to email@example.com or call 888-388-8873. We will confirm receipt of request in 10 days and respond within 45 days. TCWGlobal will log any requests received. Please note there are exceptions which allow a business to not delete information in certain situations. Those include when the information is necessary to:
- Complete a transaction.
- Provide a good/service the consumer has requested.
- Perform a contract.
- Detect security incidents.
- Protect against “malicious, deceptive, fraudulent, or illegal” activities.
- Prosecute people responsible for “malicious, deceptive, fraudulent, or illegal” activities.
- “Debug to identify and repair errors that impair existing intended functionality.”
- Ensure the exercise of free speech.
- Ensure the business can exercise “another right provided for by law.”
- Comply with a legal obligation.
We will make you aware of whether any of these exceptions exists and what information will be held in our response to you.
11. DO NOT SELL NOTICE
Please be advised that we do not and have not sold any personal information in the last 12 (twelve) months. Likewise, we do not have any future plans to sell personal information. However, we respect your privacy and understand that you will want to ensure your personal information is not sold. Any questions regarding our practices or request for your information to not be sold can always be sent to firstname.lastname@example.org.
12. CHANGES TO OUR PRIVACY STATEMENT
13. CONTACT US
If you have any questions about this Privacy Statement, our practices, or the security of the StaffingNation Software, please contact us at email@example.com or by calling (888)388-8873 or:
WMBE Payrolling Inc dba TCWGlobal
Attn: Privacy Office
3545 Aero Court
San Diego, CA 92123
We will investigate any complaints received and do our best to resolve them with you as soon as possible. You can also submit a user access request to obtain any of your personal data which will be processed within 30 days.
14. COMPLAINTS AND DISPUTE RESOLUTION
In compliance with the Privacy Shield Principles, TCWGlobal commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact TCWGlobal at:
WMBE Payrolling Inc dba TCWGlobal
Attn: Privacy Office
3545 Aero Court
San Diego, CA 92123
TCWGlobal has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU in the context of the employment relationship.