NOTICE AND DISCLOSURE TO EMPLOYEES PURSUANT TO THE CALIFORNIA PRIVACY RIGHTS ACT (CPRA)
CPC Logistics, Inc., and its subsidiaries and affiliates, (“CPC”) collects, receives, maintains, and uses the Personal Information (“PI”) of its employees for the following business purposes:
- To comply with state and federal law and regulations requiring employers to maintain certain records (such as immigration compliance records, personnel files, wage and hour records, payroll records, drug and/or alcohol testing results, accident or safety records, and tax records) and/or for regulatory reporting purposes (e.g., FMCSA Drug and Alcohol Clearinghouse);
- to process payroll;
- to maintain commercial insurance policies and coverages, including for workers’ compensation and other liability insurance;
- to manage workers’ compensation claims;
- to administer and maintain group health insurance benefits, 401K and/or retirement plans;
- to manage employee performance of their job duties;
- to conduct workplace investigations (such as investigations of workplace accidents or injuries, safety-related incidents, harassment, or other misconduct); to evaluate job applicants and candidates for employment or promotions;
- to obtain and verify background checks on job applicants and employees;
- to evaluate, make, and communicate decisions regarding an employee’s employment, including decisions to hire, terminate, promote, demote, transfer, suspend or discipline;
- to communicate with employees regarding employment-related matters such as upcoming benefits enrollment deadlines, action items, availability of W2s, and other alerts and notifications;
- to implement, monitor, and manage electronic security measures on employee devices that are used to access Company networks and systems; and
- to engage in corporate transactions requiring review of employee records.
CPC collects, receives, and maintains the following categories of Personal Information of current and former employees for the above business purposes as referenced by number:
CATEGORY : Personal Identifiers
EXAMPLES: Name, alias, postal or mailing address, email address, telephone number, social security number, driver’s license or state identification card number, passport number
BUSINESS PURPOSE: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11
CATEGORY: Physical Characteristics or Description
EXAMPLES: Eye color, hair color, height, weight, build
BUSINESS PURPOSE: 4, 6, 7
CATEGORY: Financial Information
EXAMPLES: Bank account number, routing number, or other financial account information
BUSINESS PURPOSE: 1, 2
CATEGORY: Protected Classifications
EXAMPLES: Race, ethnicity, national origin, gender, gender identity, religion, age, disability, military status, familial status, language
BUSINESS PURPOSE: 1, 2, 5, 7
CATEGORY: Pre-Hire Information
EXAMPLES: Job application, resume, background check results, drug and/or alcohol test results, job interview notes, and candidate evaluation records
BUSINESS PURPOSE: 1, 2, 6, 7, 8, 9, 10
CATEGORY: Professional or Employment-Related Information
EXAMPLES: Personnel file, new hire or onboarding records, I-9 forms, tax forms, time and attendance records, nonmedical leave of absence records, workplace injury and safety records, performance evaluations, disciplinary records, training records, licensing and certification records, union membership, compensation and health benefits records, and payroll information and records
BUSINESS PURPOSE: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12
CATEGORY: Medical and Health Information
EXAMPLES: Doctor’s notes for absences or work restrictions, medical leave of absence records, requests for accommodation, interactive process records, and correspondence with employee and his/her medical or mental health provider(s) regarding any request for accommodation or medical leave of absence, pre- and post-hire drug and/or alcohol test results, and medical records
BUSINESS PURPOSE: 1, 2, 3, 4, 5, 6, 7, 10
CATEGORY: Education Information
EXAMPLES: Transcripts or records of degrees and vocational certifications obtained
BUSINESS PURPOSE: 1, 6, 7, 8, 10
CATEGORY: Visual, Audio or Video Recordings in the Workplace
EXAMPLES: Surveillance cameras, dashboard cameras, electronic logging, GPS monitoring, or pictures of employees taken in the workplace or at a Company function or event
BUSINESS PURPOSE: 4, 6, 7, 10, 12
CATEGORY: Facility Access Records
EXAMPLES: Information identifying which employees accessed secure Company or customer facilities and at what times using their keys, badges, fobs or other security access method
BUSINESS PURPOSE: 3, 4, 6, 7, 10, 12
CATEGORY: Geolocation Data and Vehicle Operation Metrics
EXAMPLES: IP address and/or GPS location (latitude & longitude) recorded on Company-issued and/or customer-issued computers, electronic devices, electronic logging devices and vehicles, as well as timekeeping applications on cell phones that employees use to clock in and out and that log the geographic location at which each time entry was made
BUSINESS PURPOSE: 4, 6, 7, 10, 12
CATEGORY: Internet and Network Activity
EXAMPLES: Internet or other electronic network activity information on Company-issued computers and electronic devices, including browsing history, search history, and usage history
BUSINESS PURPOSE: 6, 7, 10, 11
EMPLOYEES’ RIGHTS UNDER THE CPRA
Exercising your Rights Under the Act: California residents can exercise any of their rights as described in this Notice and under applicable privacy laws by using the contact information provided in this Notice.
Sale or Disclosure of PI: CPC will never sell PI to any third-party. CPC may disclose PI to third parties such as customers, third-party providers of federal and/or state regulatory compliance services, federal and/or state regulatory agencies and prospective employers, for the purpose of managing customer relations and to comply with federal and/or state regulatory requirements.
Retention Period: CPC retains PI forup to seven (7)years following the termination of the employee’s employment with CPC, unless otherwise required by law. CPC must retain information indefinitely if it is subject to a litigation hold or is otherwise necessary for business purposes.
Right to Access: Subject to the exceptions provided by law, employees have the right to access PI which CPC may collect or retain about the employee. If requested, CPC shall provide the employee with a copy of the employee’s PI which CPC collects as permitted by the CPRA.
Right to Deletion: Subject to the exceptions provided by law,employees have the right to request the erasure of certain PI collected from the employee. However, due to state and federal laws requiring CPC to retain certain records, CPC may not be able to comply with a request to delete for the duration of the data retention period.
Right to Correction: Subject to the exceptions provided by law, employees have the right to request correction of inaccurate PI. Upon verifying the validity of a correction request, CPC will use reasonable efforts to correct the employee’s PI as directed, taking into account the nature of the PI and the purpose for maintaining the PI.
All requests for access, deletion, or correction should be addressed to:
Attn: Legal Department
14528 S. Outer 40 Road
Chesterfield, MO 63017
CPC’s Response to a Request for Access, Deletion, or Correction: CPC will confirm receipt of an employee’s request for access, deletion, or correction within 10 business days. CPC will respond to such a request no later than 45 calendar days after receiving the request. CPC may extend this deadline once by an additional 45 days where reasonably necessary. Except as described in this Notice or provided for under applicable privacy laws, there is no charge to exercise these rights. However, if requests are manifestly unfounded or excessive, in particular because of their repetitive character, CPC may charge a reasonable fee taking in account the administrative costs of providing the information or taking the action requested; or refuse to act on the request and notify the employee of the reason for refusing the request.
CPC will not discriminate or retaliation against any employee for exercising their rights under the CPRA.
Please note that the above rights are not absolute, and CPC may be entitled to refuse requests, wholly or partly, where exceptions under applicable law apply.