Employee Privacy Policy - Template, Sample Form Online Pro · US-law
✓ Valid in United States · drafted to comply with local law
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EMPLOYEE PRIVACY POLICY
________
Effective Date: ________
Your privacy is important to us, and we are committed to protecting it during your employment with us. This Employee Privacy Policy (this “Policy”) describes the Personal Data (as defined below) that our company identified above, together with its subsidiaries, affiliates, and related entities (collectively, the “Company,” “we,” “our,” or “us”), collects about you as a prospective, current, or former employee (“Employee”).
Article 1 — DEFINITIONS
§ 1.1 — APPLICABLE COMPANY: This Policy applies to the Company identified above and its related entities.
§ 1.2 — COMPANY: For purposes of this Policy, the Company is referred to as ________, “we,” “our,” or “us.”
§ 1.3 — EMPLOYEE: This Policy applies to the Personal Data of all individuals who seek to be, are, or were employed by the Company. Such individuals are referred to as “Employee” or “Employees,” and, when addressed directly, as “you,” “your,” or “yours.”
§ 1.4 — PERSONAL DATA: “Personal Data” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an identifiable Employee and that we obtain in connection with your prospective, current, or past employment with us. Personal Data does not include information that is aggregated, deidentified, or anonymized such that it can no longer be reasonably linked to you.
Article 2 — CONTACT INFORMATION
§ 2.1 — The best way to contact us regarding this Policy is through the following individual, who serves as our data protection officer or privacy contact: ________.
§ 2.2 — Contact details are as follows:
________
§ 2.3 — You may contact us with any questions about the handling and processing of your Personal Data, to access your Personal Data, or to make any other request permitted under this Policy or applicable law. If you are dissatisfied with how we handle your Personal Data, you may file a complaint with the relevant governmental or data protection authority in your jurisdiction.
Article 3 — COLLECTION OF PERSONAL DATA
§ 3.1 — We collect different types of Personal Data in different ways. Some Personal Data is collected automatically through technologies that provide information about you, and some is provided by you directly to us.
§ 3.2 — To meet our responsibilities and duties as your employer, we collect, process, and maintain various categories of Personal Data concerning individuals who seek to be, are, or were employed by us, including, without limitation:
- Gender;
- Marital status, for the purpose of ascertaining and distributing benefits such as health insurance;
- Dependent status, for the purpose of ascertaining and distributing benefits such as health insurance;
- Date of birth;
- General contact information, such as address, telephone number, and email;
- Resumes that you provide and/or application(s) that you complete and submit to us;
- Your start date;
- Your job title;
- The location where you work;
- Any training or education programs you undertake through us;
- Professional or personal references;
- Company policies and employment forms signed by you;
- Payroll information, including, without limitation, tax forms such as a W-4 or W-9, state tax forms, Form 1099, your Social Security number, bank account information, direct deposit information, and government-issued photo identification. If your payroll information changes at any time, you will be required to complete updated payroll forms, which will be retained in your file along with prior forms;
- Forms containing information relating to your employee benefits, health care plans, insurance policies, and the like;
- Beneficiary information;
- The contact information of any individual you designate as an emergency contact, including telephone numbers, addresses, and other identifying information for that individual;
- Assessments, evaluations, performance reviews, training completion rates, and training scores;
- Any monetary raises, bonuses, stock information, 401(k) information, commissions, overtime rate, salaried rate, and/or regular hourly rate;
- Any requested time off, accrued paid time off, tardiness, or requests to leave before the scheduled end of your workday;
- Grievances, including complaints made by fellow employees, clients, or customers, corrective action plans, and write-ups;
- Accolades, including recommendations, awards, or other recognition for quality work;
- Letter of resignation, if received by the Company;
- Letter of termination, if given; and
- Other personal details you voluntarily provide to us.
Article 4 — USE OF PERSONAL DATA
§ 4.1 — We use the information we collect about you to effectively operate our business and to help provide a pleasant, safe, and productive work environment.
§ 4.2 — We also use Personal Data to:
- Accurately process payroll;
- Enroll insurance policies;
- Manage and plan our business;
- Send business mailings;
- Conduct employee reviews;
- Handle internal disputes or grievances;
- Analyze your qualifications;
- Manage employee stock;
- Process any claims you bring;
- Maintain internal accounting;
- Oversee your work;
- Provide education or training; and
- Generally comply with applicable law.
§ 4.3 — We process your Personal Data only where permitted or required by law, including where necessary for your employment, to satisfy our legal obligations as your employer, for legitimate business purposes, to protect your vital interests, or where you have provided consent. We may process your Personal Data without your consent or knowledge only when required to do so by law. We will not make decisions based solely on automated processing of Personal Data that produce legal or similarly significant effects without your consent.
§ 4.4 — We also process your Personal Data to prevent fraud and to ensure the security of all aspects of our business.
Article 5 — SPECIAL CATEGORIES OF PERSONAL DATA
§ 5.1 — We may collect certain categories of sensitive Personal Data, as defined under applicable law. If you are asked to provide any such category of data, you may request the purpose for which it is required and may decline to provide it, if desired. We collect and process the following sensitive Personal Data only through voluntary disclosure and for legitimate business purposes, including to carry out our legal obligations and responsibilities:
- Racial origin;
- Ethnic origin;
- Religious or spiritual beliefs;
- Political opinions;
- Criminal background;
- Sexual orientation;
- Health data;
- Biometric data;
- Genetic data; and
- Trade union membership.
§ 5.2 — We will not use or disclose sensitive Personal Data for any purpose other than those permitted under applicable law. If we collect categories of sensitive Personal Data not described here, we will obtain your prior express consent.
Article 6 — DATA SHARING
§ 6.2 — We use Third-Party Service Providers to help us operate the Company, but we will never share your Personal Data other than as described in this Policy without your explicit consent. Personal Data will be disclosed only where such Third-Party Service Providers agree, by written contract, to maintain a level of protection consistent with this Policy and applicable law. Third-Party Service Providers will access your Personal Data only on an as-needed basis as part of their engagement with us. If you have questions regarding how these Third-Party Service Providers handle your Personal Data, you may contact them or us.
§ 6.3 — In certain cases, we may disclose your Personal Data to third parties without your consent or prior knowledge. We limit such disclosure to the following circumstances:
- To protect our legal rights;
- To comply with any local, state, or federal laws or regulations;
- To respond to requests such as discovery, criminal, civil, or administrative process, subpoenas, court orders, or writs from law enforcement or other governmental or legal bodies;
- To bring legal action against an Employee who has violated the law;
- In connection with any business transfer, merger, sale, or transfer of assets of the Company;
- To cooperate with any lawful investigation concerning our past, present, or prospective employees; and
- If we suspect any fraudulent activity within or in relation to the Company, or any activity that may violate our ethics, guidelines, or other applicable rules.
§ 6.4 — We do not sell your Personal Data or share it for cross-context behavioral advertising as those terms are defined under applicable state privacy law.
Article 7 — DATA TRANSFER
§ 7.1 — We are based in the United States, specifically in the following city and state: ________. Accordingly, your Personal Data may be transferred from the location in which you reside to our physical location in the United States, and may also be transferred to third parties, as described above, located in the United States. The risks of transferring data outside your jurisdiction to the United States include the possibility of data breaches and loss. Before beginning employment, we ask you to specifically consent to the transfer of your Personal Data to the United States. We will continue to process your Personal Data as described herein, and if we materially change how we handle your Personal Data, including any international transfer, we will seek your explicit consent again.
Article 8 — DATA STORAGE AND SECURITY
§ 8.1 — We retain your Personal Data only for as long as necessary to provide you with the benefits and protections that employment with us entails, or until you cease employment with us and request deletion of your data. We may also retain your Personal Data for applicable legal record-keeping, including after termination of your employment or for additional business purposes (such as maintaining our accounting records or otherwise maintaining the safety and security of the Company), for the period permitted or required by applicable law.
§ 8.2 — We employ organizational and technical security measures to protect your Personal Data, such as limiting access, securing networks, and using encryption. We take measures consistent with industry standards to protect your Personal Data against unauthorized access, disclosure, alteration, or destruction.
§ 8.3 — No system involving the transmission of information via the Internet or the electronic storage of data is completely secure, regardless of the reasonable security measures taken. Although we take the protection and storage of your Personal Data seriously and take all reasonable steps to protect it, we cannot be responsible for data breaches occurring outside our reasonable control. In the event of a data breach, we will comply with all applicable laws, including taking reasonable measures to mitigate harm and notifying you and any applicable authority as soon as practicable and as required by law.
Article 9 — YOUR RIGHTS
§ 9.1 — You have certain rights in relation to the Personal Data we collect, process, and store about you. Subject to applicable law, these rights include the right to access your Personal Data, the right to request that we correct or update any inaccurate or incomplete Personal Data, the right to request that we delete your Personal Data, the right to restrict or object to our processing of your Personal Data, the right to non-discrimination for exercising your rights, and the right to request a copy of your Personal Data in a portable format.
§ 9.2 — You also have the right to withdraw any consent you previously gave to the processing of your Personal Data at any time. The withdrawal of consent will not affect the lawfulness of any processing carried out before withdrawal, and may affect our ability to maintain your employment relationship where processing of certain Personal Data is necessary.
§ 9.3 — To exercise any of these rights, you may contact us or our Data Protection Officer using the contact information provided in this Policy. We will respond to your request within the time period required by applicable law. If you are dissatisfied with how we handle your request or process your Personal Data, you may lodge a complaint with the relevant data protection or governmental authority.
Article 10 — DATA PROTECTION OFFICER
§ 10.1 — The Data Protection Officer appointed for you to contact with questions or complaints regarding this Policy is as follows: ________. The contact information for our Data Protection Officer is set forth above.
Article 11 — MODIFICATIONS AND REVISIONS
§ 11.1 — We reserve the right to modify, revise, or otherwise amend this Policy at any time and in any manner. If we do so, we will notify you and, where required, obtain your consent to any change in processing. Unless we specifically obtain your consent, any changes to this Policy will apply only to information collected on or after the effective date of the change.
Article 12 — GOVERNING LAW
§ 12.1 — This Policy shall be governed by and construed in accordance with the laws of the State of ________ and applicable United States federal law, without regard to its conflict-of-laws principles. Any dispute arising under or in connection with this Policy shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in ________.
CONSENT AND ACKNOWLEDGEMENT OF RECEIPT
I acknowledge that on ________ (date), I received a copy of ________'s Employee Privacy Policy, and that I have read and understood it. I consent to the processing of my Personal Data as described herein, including the possible international transfer of my Personal Data.
_____________________________________________________
Employee Name: ________
_____________________________________________________
Employee Signature
Date: ________
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