This CA Personnel Privacy Policy sets forth our privacy practices as required by the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (collectively “CCPA”). The CA Personnel Privacy Policy applies only to individuals residing in the State of California who are considered “Consumers” under the CCPA and from whom we collect “personal information” as described in the CCPA. We provide you this notice because, under the CCPA, California Residents who are our current or former employees, officers, directors, contractors, agents, consultants, agent workers, job applicants, and any other individuals who currently work or previously worked for us qualify as Consumers. Where we refer to “employment” or “engagement” in this Policy, we do so for convenience only, and this should in no way be interpreted as purporting to confer employment status on non-employees to whom this Policy also applies. This CA Personnel Privacy Policy does not form part of any contract of employment or engagement, does not confer any employment status or contractual right on any Personnel or place any contractual obligation on us.
If you are a California business contact, please refer to our Electronic Theatre Controls Privacy Policy for B2B for a description of our privacy practices in that context.
We may amend or otherwise modify this Privacy Policy at any time. All modifications will take effect immediately upon posting of the updated Privacy Policy on the Site. By accessing or using the Site after modifications are posted, you agree to those
modifications. Material changes will be conspicuously posted on the Site. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. The date on which this Privacy Policy was last updated
is noted at the beginning of this Privacy Policy.
We may change this CA Personnel Privacy Policy from time to time. If we make material changes, we will notify you by revising the date at the top of this CA Personnel Privacy Policy and, in some cases, we may provide you with additional notice (such as adding a statement to the Career Portal and employee intranet or sending you a notification). We encourage you to review the CA Personnel Privacy Policy often to stay informed about our information practices and the choices available to you.
APPLICABILITY OF OTHER POLICIES
This Policy does not cover our processing of personal information collected from you as a ETC customer or a visitor of our websites. To learn more about ETC’s data collection practices in these cases, please read the Electronic Theatre Controls Privacy Policy.
In some cases, you may provide personal information to third parties that we work with. This could be, for example, when you opt-in at your own discretion to services or benefits programs provided by third parties to our Personnel. By participating in such services or benefits programs, you understand that your personal information is governed by separate privacy policies which are not under our control. Please contact such third parties for questions regarding their privacy practices.
INFORMATION WE COLLECT
We collect information in order to manage our relationship with you during the course of your employment or engagement with us. The categories of personal information we may process about you include:
Categories of Personal Information |
Examples of Personal Information Collected |
Identifiers. |
A real name, alias, postal address, unique personal identifier, telephone number, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, national tax or social insurance number (as applicable and to the extern permitted by applicable law), date and place of birth, citizenship, information required for tax reporting, visa and work permit data, directory photo (as permitted by applicable law), or other similar identifiers permitted or required by applicable law. |
California Customer Records. |
A name, signature, Social Security number, address, telephone number, passport number, driver’s license or state identification card number, education, employment, employment history, bank account number, or any other financial information, medical information, or health insurance information. |
Protected classification characteristics under California or federal law. |
Age, race, national origin, citizenship, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), information relating to same sex benefits, veteran or military status. |
Internet or other similar network activity. |
Information, including, but not limited to, browsing history, search history, and information regarding Personnel’s interaction with an internet website, application, or advertisement, and data about your use of ETC’s equipment, electronic communications systems, and property, such as computers, email, internet, and voicemail. |
Professional or employment-related information. |
Performance data, employment qualifications data, organizational data, contract and compensation data, absence data, compliance data. |
Monitoring: We reserve the right to monitor the use of our premises, equipment, devices, computers, network, applications, software, and similar assets and resources. In the event such monitoring occurs, it may result in the collection of personal information about you. Some ETC facilities are equipped with surveillance equipment such as cameras and CCTV which may capture your image or information about your movements, and which may be used to protect the safety of ETC staff, visitors and property. This is not meant to suggest that all Personnel will in fact be monitored, but to alert you that when using ETC equipment and resources, you should not have any expectations of privacy with respect to your use of such equipment or resources. We will ensure that any personal information generated by this monitoring is treated in accordance with this Policy.
Sensitive Information: There are “special” or “sensitive” categories of personal information which require a higher level of protection. Please note that we may collect, store and use, where permitted, such “special” or “sensitive” categories of personal information, which may include, subject to applicable law: health and medical related data e.g., number of sick days, workplace accidents, disabilities (if voluntarily disclosed), symptoms of, or risk of exposure to, certain illnesses (e.g., contact with others who may be sick or relevant travel history), and pregnancy related information; racial or ethnic origin; social security, driver’s license, state identification card, or passport number; the contents of mail, email, and text messages; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; and data relating to criminal convictions and offenses. We collect this information for specific purposes, such as e.g., health/medical information in order to accommodate a disability or illness and to provide benefits, and diversity-related personal information (such as gender, race or ethnicity) in order to comply with legal obligations and internal policies relating to diversity and anti-discrimination.
The provision of personal information as described in this Policy is partly a statutory requirement and partly a requirement to enable us to carry out our relationship with you. In general, you are required to provide the personal information, except in limited instances when we indicate that the provision of certain information is voluntary (e.g., in connection with satisfaction surveys, or equal opportunities and diversity monitoring and initiatives). Not providing the personal information may prevent ETC from carrying out the employment or contractor relationship with you and, in certain exceptional cases, may require ETC to terminate your employment where permitted by applicable law.
If you provide ETC with personal information about your spouse, domestic civil/partner, and/or dependents (e.g., for emergency contact, security screening, or benefits related purposes) (“Dependents”), please make sure to inform them accordingly, about - inter alia - their rights with respect to our processing of their personal information (as included in this document) and that you may disclose their personal information to ETC for these employment purposes. You should also obtain the consent of these individuals (unless you can provide such consent on their behalf, e.g., children) if such consent is required by law for the collection, use, storage, transfer, and processing of their personal information.
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HOW WE COLLECT YOUR INFORMATION
Generally, we collect personal information directly from you in circumstances where you provide it (e.g. when you applied to work for us, during the onboarding process, benefits enrollment, etc.). We may also collect personal information automatically, such as when monitoring the use of our premises, equipment, devices, computers, network, applications, software, or similar assets and resources. We may also obtain personal information from your previous employers or educational institutions, from peers (e.g. performance reviews), third-party service providers (e.g. benefit providers, pension schemes), your named references, medical professionals, legal bodies and publicly accessible sources such as your LinkedIn profile and other social media platforms.
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HOW WE USE YOUR INFORMATION
We use your personal information to support our human resources and for other business purposes, including establishing, managing or terminating your employment relationship. Such uses include:
- Recruitment, such as evaluating your application for employment, conducting interviews, conducting background checks for security purposes (when we have your consent or as permitted by applicable law), and deciding terms of an employment offer;
- Personnel management, such as monitoring assignments, evaluating performance, training Personnel, communicating with you and responding to your requests, inquiries, and comments;
- Operational purposes, such as distributing payroll and company benefits, updating personnel files, conducting audits, and processing work-related claims, providing IT support and other troubleshooting;
- Benefits administration purposes, such as administering and maintaining group health insurance benefits and additional wellness programs, retirement plans, life insurance, disability insurance, leave programs, and other ETC-offered benefit programs;
- Marketing activities, including marketing photos, billboards, website content, videos, social media posts, research and development of new products and services, and other related marketing activities, for which we will only use your personal information in creating this content with your consent;
- Statistical and analytical purposes to understand and improve worker satisfaction and performance;
- Administration of our applications, software and systems, including ensuring the security of our workforce, guests, property and assets;
- Legal and compliance purposes, such as implementing internal policies, detecting and responding to suspected fraud, security incidents, or other activity which is illegal or violates ETC’s policies, protecting ETC’s and others’ rights and property, exercising a legal claim, cooperating with law enforcement investigations and complying with applicable laws, regulations, legal processes, or governmental requests;
- As necessary in order to protect the vital interests of Personnel or of another natural person, such as during an emergency where the health or security of Personnel is in danger, or to prevent imminent physical harm or financial loss, or to comply with our legal obligations;
- As necessary to comply with corporate financial responsibilities, including audit requirements (both internal and external), accounting, and cost/budgeting analysis and control;
- As necessary and appropriate to provide reasonable workplace accommodations;
- As necessary for the performance of a contract or in order to take steps at the request of our Personnel prior to entering into a contract, such as to arrange for payments; and
- To enable solely internal uses in a lawful manner that are reasonably aligned with expectations of Personnel based on our work relationship and that are compatible with the context in which the information was provided to ETC.
WHO MAY HAVE ACCESS TO YOUR PERSONAL INFORMATION
Within ETC: We may disclose certain of your personal information to ETC personnel and affiliates who need to know the information for the purposes described above, including personnel in the human resources and information technology departments.
Third-Party Service Providers: We may use third party service providers acting on ETC’s behalf to perform some of the services described above. For example, we share certain information with service providers who assist with the administration of payroll, pension, benefits, equity, performance management, training, Personnel communication, and expense management.
Customers: We share information about you with customers in connection with business operations, e.g., work contact details may be sent to potential or current customers.
Professional Advisors: We also may share information about you with our professional advisors, including accountants, auditors, lawyers, insurers and bankers if needed. We only permit these advisors to process your personal information for specified purposes and, as appropriate, in accordance with our instructions and the provisions of this Policy and applicable law.
Other Third Parties: In certain limited circumstance, we share and/or are obligated to share your personal information with other third parties, including (a) to comply with our obligations, to protect the rights and property of ETC, our customers and the public, to cooperate with law enforcement investigations or regulators, and to detect and respond to suspected illegal activity and threats to the health or safety of any person or of our systems or services; (b) in connection with, or during negotiations of, any merger, joint venture, sale of company assets, financing, or acquisition of all or a portion of our business, assets or stock by another company (including in connection with any bankruptcy or similar proceedings); and/or (c) with your consent and at your direction.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
DATA RETENTION
The length of time we retain your personal information depends on the status of our relationship with you and the requirements of applicable law. We will retain your personal information for as long as your employment or engagement with us lasts, and for a certain period thereafter, after which point it will be deleted or archived in accordance with applicable law. To determine that period, we take into account a number of factors including our legal and regulatory obligations (such as financial reporting obligations and equal opportunity or anti-discrimination reporting obligations) and whether we may need to retain personal information to resolve disputes, make and defend legal claims, conduct audits, pursue legitimate business purposes and/or enforce our agreements.
ADDITIONAL DISCLOSURES FOR CALIFORNIA RESIDENTS
If you are a California resident, the California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”) requires us to disclose the following information with respect to our collection and use of personal information and your rights.
To understand what personal information we may have collected about you in the past 12 months, and from where we collected it, please see the Information We Collect section above, noting that if you have neither joined ETC nor entered into a contract to work for ETC in the past 12 months we may not have collected employment qualifications data or certain contract data from you in the past 12 months. We collect such personal information for the employment purposes described in the How We Use Your Information section above.
We may disclose such personal information with the third parties listed in the Who May Have Access To Your Personal Information section above. California law requires that we provide additional transparency regarding such disclosures. Below, we have provided more detail regarding the two ways in which we may disclose your personal information in the past 12 months: (a) “sales” and “sharing” of information and (b) general disclosures of information for a business purpose.
“Sales” and “Sharing” of Information
ETC does not “sell” or “share” your personal information. We have marked “sales” and “sharing” with quotation marks because a “sale” under California law broadly includes disclosure of information in return for any valuable consideration, and “sharing” under California law is narrowly defined as the disclosure of information to a third party for cross-context behavioral advertising. We do not have any knowledge of any “sales” or “sharing” of the personal information of minors under 16 years of age. We also do not “sell” or “share” any Sensitive Information.
Disclosures of Information for a Business Purpose
To manage our business and in furtherance of our relationship with you, we sometimes disclose personal information to third parties. These third parties cannot further collect, “sell,” “share,” disclose, or use the personal information we provide to them except as necessary to perform our purposes, as instructed or permitted by us.
In the past 12 months, we may have disclosed the following categories of personal information to the following third parties for our operational business purposes as described in this Additional Disclosures for California Residents section:
Categories of Personal Information Disclosed for a Business Purpose |
Categories of Third Party Recipients |
Identifiers |
- Third-Party Service Providers
- Professional Advisors
- Other Third Parties
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Financial information |
- Third-Party Service Providers
- Professional Advisors
- Other Third Parties
|
Information related to health insurance and other benefits |
- Third-Party Service Providers
- Professional Advisors
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Characteristics of protected classifications under state or federal law |
- Third-Party Service Providers
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Sensory data (e.g., audio, electronic, visual) |
- Third-Party Service Providers
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Sensory data (e.g., audio, electronic, visual) |
- Third-Party Service Providers
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Internet or similar network activity. |
- Third-Party Service Providers
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Professional or employment-related information |
- Third-Party Service Providers
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Education records |
- Third-Party Service Providers
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Sensitive Information |
- Third-Party Service Providers
|
We do not use or disclose your Sensitive Information for purposes beyond the minimum allotted by law, for example, where necessary to provide you with employment and benefits, to detect security incidents, and ensure the safety of our employees and customers.
Your California Privacy Rights
Under California law, you have a right to notice, upon collection, of the categories of personal information (including sensitive information) collected, of the purposes for which such personal information will be used, whether such personal information is “sold” or “shared,” and for how long we retain such personal information. With limited exceptions, you also have the right to access a copy of the categories and specific pieces of personal information that we collect about you, explaining how we collect, use, disclose, and if we “sell” and/or “share” such information; the right to ask us to delete/anonymize or correct your personal information; the right to opt-out of the “sale” or “sharing” of your personal information; and the right to limit our use or disclosure of Sensitive Information. Finally, you have the right to be free from discrimination or retaliation for exercising your rights.
As noted above, we do not “sell” or “share” your personal information, nor do we use or disclose Sensitive Information for purposes beyond the minimum allotted by law (e.g., to maintain an employment relationship with you). However, if you would like to exercise any other of your rights listed above, you may make these requests by calling 877-512-2306 or email privacy@etcconnect.com. We will verify your request by asking you to provide information related to your recent interactions with us, such as your employee ID number. If it is not reasonably possible to identify you adequately, we may not be able to respond to your request. If you have an ADP portal with us, you may be able to exercise some of your rights while logged-in to ADP. We will not discriminate or retaliate against you if you exercise your rights under the CCPA.
- Right of access: Under certain circumstances, you have the right to obtain from us confirmation as to whether or not personal information concerning you is processed, and, where that is the case, to request access to such personal information. The access information includes – inter alia – the purposes of the processing, the categories of personal information concerned, the recipients or categories of recipients to whom the personal information has been or will be disclosed, the sources of the personal information, the duration of retention, and the appropriate safeguards put in place to safeguard the personal information in case of transfer outside of the EEA. However, this is not an absolute right and the interests of other individuals may restrict your right of access. You have the right to request a copy of the personal information. For additional copies requested by you, we may charge a reasonable fee based on administrative costs.
- Right to rectification: Under certain circumstances, you have the right to obtain from us the rectification (i.e., correction) of inaccurate personal information concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal information completed, including by means of providing a supplementary statement.
- Right to erasure (right to be forgotten): Under certain circumstances, you have the right to obtain from us the erasure of personal information concerning you. In such cases, we will take steps to erase, or render permanently unintelligible, such personal information.
- Right to restriction of processing: Under certain circumstances, you have the right to obtain from us restriction of processing of your personal information. In this case, the respective data will be marked and may only be processed by us for certain purposes. However, as ETC processes and uses your personal information primarily for purposes of carrying out the contractual employment relationship with you, in case you object to (and request restriction of) the processing of your personal information on grounds relating to your particular situation ETC will in principle have a compelling legitimate interest for the processing which will override your objection/restriction request, unless your request relates to marketing activities (which generally do not apply in the employment context).
- Right to data portability: Under certain circumstances, you have the right to receive the personal information about you that you have provided to us, in a structured, commonly used and machine-readable format so you can transmit this personal information to another entity, or request that we transmit directly your personal information to another data controller, where technically feasible.
- Right to object: Under certain circumstances, you have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal information by us. If you have a right to object and if you exercise this right, your personal information will no longer be processed for such purposes by us unless ETC demonstrates compelling legitimate grounds pursuant to applicable law. This is not an absolute right and does not apply in certain situations, such as when processing is necessary to perform the employment contract, to comply with applicable EU or Member State law, or to defend legal claims.
You can contact privacy@etcconnect.com to exercise your rights in relation to your personal information. We will respond to your request consistent with applicable law. If we receive your request from an authorized agent and they do not provide a valid power of attorney, we may ask the authorized agent to provide proof that you gave the agent signed permission to submit the request to exercise rights on your behalf. In the absence of a valid power of attorney, we may also require you to verify your own identity directly with us or confirm to us that you otherwise provided the authorized agent permission to submit the request. If you are an authorized agent seeking to make a request, please contact us at 877-512-2306.
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ADDITIONAL DISCLOSURES FOR EUROPEAN RESIDENTS
Your Global Privacy Rights: For Personnel in California and/or the EEA, where the collection or processing of personal information is based on your consent, you may withdraw your consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal. Pursuant to applicable data protection law, you also have the following rights in relation to your personal information: (i) request access to your personal information; (ii) request rectification of your personal information; (iii) request erasure of your personal information; (iv) request restriction of processing of your personal information; (v) request data portability of your personal information; and/or (vi) object to the processing of your personal information. Please note that your rights may vary depending on applicable data protection law and certain information may be exempt from such requests.
Legal Grounds: If European privacy laws apply to you, our processing of personal information for the purposes mentioned above is based on the following legal grounds:
- our need to perform contractual and precontractual measures in respect of our relationship with you;
- our legitimate interests, such as for trainings, strategic planning and security, Personnel satisfaction surveys, administering the workforce, and providing and securing IT communication and systems;
- to comply with the law, when certain information is necessary to satisfy our legal or regulatory obligations (e.g. paying income taxes, recording overtime, providing compensation, providing work-related allowances and benefits, complying with employment and immigration laws);
- to carry out the obligations and exercise specific rights of ETC or you in the field of employment and social security and social protection law;
- to secure a vital interest of yours or of someone else, such as emergency contact information for your family in the event of an emergency;
- for reasons of substantial public interest, on the basis of applicable law;
- for the assessment of the working capacity of the employee as permitted by local data protection law (including for the purpose of reintegration or support of employees in connection with illness or disability);
- for the establishment, exercise or defense of legal claims or whenever courts are acting in their judicial capacity. and
- with your consent, after providing you with notice of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent.
If you have a concern about our processing of personal information that we are not able to resolve and you are located in the EU or UK, you have the right to lodge a complaint with the relevant data privacy authority (this may be linked to where you reside, work or the place of any alleged infringement). For contact details of the relevant Data Protection Authority, please see http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.
International Data Transfers. Due to the global nature of our business, ETC may transfer your personal information across international borders, consistent with applicable data protection laws, including to the United States. Where personal information is transferred to countries outside of the EEA that are not recognized as providing an adequate level of protection under European privacy laws, we provide adequate protection for the transfer of personal information to the extent required by, and in accordance with applicable law, such as by executing the Standard Contractual Clauses. You can request a copy of the appropriate safeguards by contacting us as set out in the Contacting ETC section below.
SECURITY
ETC is committed to protecting the security of your personal information and ensuring a level of security appropriate to the risk our data processing presents. Taking into account the costs of implementation, the sensitivity of the data and nature of the data processing, ETC applies technical and organization measures to prevent unauthorized access, destruction, loss, alteration or misuse of personal information.
CONTACTING ETC
If you have any questions regarding this Policy, please contact your local HR manager. If you are a European resident, you may also contact our local Data Protection Officer at:
Phone: 877-512-2306
Email: dpo-contact@iitr.de.
Postal Address:
ATTN: Dr. Sebastian Kraska
Marienplatz 2
80331 Munich
Germany