Effective Date: January 1, 2020
Last Updated or Reviewed on: June 8, 2023
This Privacy Notice for California Employees and Job Applicants applies solely to the workforce members, including employees and job applicants who reside in the State of California ( “you”). Procopio Cory Hargreaves & Savitch, LLP (“PCHS” or “we”) adopts this notice to comply with the California Consumer Privacy Act (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.
Information We Collect
We collect information from our employees and job applicants that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household (“personal information”). In particular, PCHS has collected the following categories of personal information from its employees or job applicants within the last twelve (12) months:
| Category | Examples | Purpose | Third Parties Shared |
| A. Identifiers. | A real name, alias, postal address, unique personal identifier (including State Bar numbers), online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. | (a) Performance of employment activities, including conducting payroll or providing benefits
(b) Necessary for our legitimate interests, including to recruit and hire candidates (c) Necessary to comply with a legal obligation, for example government reporting and in the context of ongoing litigation
|
(a) Human resources information service providers
(b) Financial investment service providers (c) Wellness program service providers (d) Insurance providers (e) Payroll service providers (f) Building management/security providers (g) Professional service providers, including external auditors (h) Parties, courts, mediators, or arbitrators in litigation
|
| B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. | (a) Performance of employment activities, including conducting payroll or providing benefits
(b) Necessary for our legitimate interests, including to recruit and hire candidates (c) Necessary to comply with a legal obligation, for example government reporting and in the context of ongoing litigation
|
(a) Human resources information service providers
(b) Financial investment service providers (c) Wellness program service providers (d) Insurance providers (e) Payroll service providers (f) Building management/security providers (g) Professional service providers, including external auditors (h) Parties, courts, mediators, or arbitrators in litigation
|
| C. Protected classification characteristics under California or federal law. | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
|
(a) Necessary for our legitimate interests
(b) Necessary to comply with a legal obligation, for example government reporting and in the context of ongoing litigation
|
(a) Human resources information service providers
(b) Financial investment service providers (c) Wellness program service providers (d) Insurance providers (e) Payroll service providers (f) Building management/security providers (g) Professional service providers, including external auditors (h) Parties, courts, mediators, or arbitrators in litigation
|
| D. Internet or other similar network activity. | Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. | (a) Necessary for our legitimate business interests
(b) Necessary to comply with a legal obligation for example government reporting and in the context of ongoing litigation
|
(a) Analytics and business intelligence vendors
(b) Cybersecurity vendors |
| E. Geolocation data. | Physical location or movements. | (a) Necessary for our legitimate interests, for example to detect or prevent fraud
|
N/A |
| F. Professional or employment-related information. | Current or past job history. | (a) Necessary for our legitimate interests, including to recruit and hire candidates
|
(a) Parties, courts, mediators, or arbitrators in litigation
|
| G. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). | Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | (a) Necessary for our legitimate interests, including to recruit and hire candidates
|
N/A |
| H. Inferences drawn from other personal information. | Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | (a) Necessary for our legitimate interests, including to recruit and hire candidates | N/A |
| I. Sensitive personal information | Personal information that reveals government IDs; information providing access to a financial account; racial or ethnic origin; personal information collected and analyzed concerning a consumer’s health, sex life, or sexual orientation. | (a) Necessary for our legitimate interests, including to recruit and hire candidates
(b) Necessary to comply with a legal obligation for example government reporting and in the context of ongoing litigation |
(a) Human resources information service providers
(b) Financial investment service providers (c) Wellness program service providers (d) Insurance providers (e) Payroll service providers (f) Building management/security providers (g) Professional service providers, including external auditors (h) Diversity certification organizations (i) Prospective or current clients for purposes of responding to requests for proposals (j) Parties, courts, mediators, or arbitrators in litigation |
PCHS obtains the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete or information you provide during the application process.
- Indirectly from you. For example, from observing your actions with computer systems, software or other platforms offered by PCHS.
- Third Parties. For example, from vendors used for aptitude and ability testing.
Additional Uses of Personal Information
In addition to the uses described above, PCHS may also use your personal information for the following purposes:
- In the aggregate for marketing purposes and to respond to requests for proposals when requested by prospective or current clients.
- To investigate and help prevent fraud, conduct workplace investigations, or otherwise ensure compliance with policies and procedures.
- To help assess job applicants and/or candidates for potential employment.
- To manage performance of employee job duties, including promotions, disciplinary action, and/or termination.
- To provide you with support and to respond to your inquiries, including to investigate and address your workplace concerns and monitor and improve our responses.
- To help maintain the safety, security, and integrity of our systems, services, databases and other assets.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As needed or required to participate in ongoing litigation against or involving PCHS.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of PCHS’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by PCHS about employees or job applicants is among the assets transferred.
PCHS will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Disclosure of Personal Information
PCHS may share your personal information for business purposes by disclosing it to the categories of third parties identified in the chart above. We only make business purpose disclosures to support our business under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract.
PCHS may also share your personal information in the context of litigation as necessary to participate in ongoing litigation and pursuant to protective orders, where possible.
PCHS does not sell or share (for cross-context or targeted behavioral advertising) your personal information.
PCHS may disclose sensitive personal information in connection with efforts to achieve diversity certifications from third party organizations or to prospective or current clients in response to requests for proposals. While the information shared does not identify any person by an identifier (for example, your name), it may be possible to determine the identity of an individual based on the size of the sample and the information provided. You may limit or restrict our use of sensitive personal information in this manner by emailing privacy@procopio.com.
Retention Periods
Procopio will generally retain information about you for so long as we have a legal or business purpose for it or a legal requirement to maintain it. The criteria used to determine our retention periods include:
- The length of time we have an ongoing relationship with you (for example, for as long as you are working at PCHS or a prospective employee) and the length of time thereafter during which we may have a legitimate need to reference your personal information to address issues that may arise;
- Whether there is a legal or ethical obligation to which we are subject (for example, certain laws require us to keep records for a certain period of time before we can delete them); or
- Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
Your Rights and Choices
You may have rights regarding your personal information. This section describes the rights you may have and explains how to exercise those rights.
Access to Specific Information: You may have the right to request that PCHS disclose certain information to you about our collection and use of your personal information over the past 12 months.
Deletion Request Rights: You may have the right to request that PCHS delete any of your personal information that we collected from you and retained, subject to certain exceptions. If an exception applies, we will advise you of the applicable exception and the reason for denying your request.
Correction Request Rights: You may have the right to request that PCHS correct any inaccurate personal information we may hold about you. We will use commercially reasonable efforts to correct inaccurate personal information, taking into the account the nature of the personal information and the purpose for our processing.
Right to Limit the Use of Sensitive Personal Information: You may have the right to limit how PCHS uses and discloses your sensitive personal information. At any time, on request, you can restrict our use and disclosure of sensitive personal information to just the permitted purposes under the CCPA.
Non-Discrimination: We will not discriminate against you for exercising any of your rights.
Exercising Your Rights
To exercise any of your rights described above, please submit a request by:
- Sending an email to privacy@procopio.com.
- Calling the Privacy Officer or Human Resources.
- Submitting a request through the Contact Us form, available here.
We may need to validate your request. In order to validate your request, we may ask you for the following information: your name, dates of employment, or your department. Only you or an authorized agent may make a request related to your personal information. To designate an authorized agent to make a request on your behalf, please provide us with a power of attorney or other legally binding written document signed by you and identifying your agent. We may also verify the identity of your designated agent.
Changes to This Privacy Notice
PCHS reserves the right to amend this privacy notice at our discretion and at any time. When we make substantive changes to this privacy notice, we will notify you of the changes via e-mail and post the updated notice on the Intranet site on the Human Resources Home page and update the notice’s date.
Questions About This Privacy Notice
If you have any questions or comments about this notice or the ways in which PCHS collects and uses your information, please contact privacy@procopio.com or Human Resources.