Employment Information Privacy Policy
Last Updated March 24, 2025
This Employment Information Privacy Policy explains how Billups, LLC (“billups”) collects and processes information related to our employees, job applicants, and independent contractors performing work for billups (“you”) for work and human resources purposes. Please read this policy carefully to ensure you are fully informed of our practices.
1. Acceptance
By applying for or accepting a position with billups or providing us with your Personal Data (defined below) in a work or human resources context (“Worker Information”), you confirm your receipt of this policy and consent to our collection and use of your Worker Information as described below. If you do not agree with the terms of this policy, you may withhold consent. However, withholding your consent to this policy or refusing to provide Worker Information necessary to administer your position means that billups may not be able to engage you.
2. Enforcement
All billups personnel are required to treat Worker Information according to this policy and other applicable policies, protocols, and instructions. Failure to comply with this policy may result in discipline up to and including termination of your position.
3. Compliance with Local Laws
Privacy and data protection laws can vary amongst the various locations where billups operates, has employees or contractors, or accepts applications from candidates. It is billups’ policy to comply with applicable laws, including requirements in certain states to give notice and, in some cases, obtain consent for collection or use of Personal Data.
4. Personal Data
As used in this policy, “Personal Data”means any information collected by billups about job applicants or personnel for work or human resources purposes that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with aparticular employee, job applicant, or contractor or their household.
Personal Data usually falls within one or more categories, such as identifiers; sensitive Personal Data; legally protected information; biometric data; professional, education- or employment-related information; commercial history; financial information; medical information; and phone, internet, and e-mail activity; or inferences drawn from PersonalData to create a profile and anticipate employee behaviors.
Information that is de-identified so that it cannot be easily linked back to the individual or that is aggregated is typically not legally protected as Personal Data. Additionally, for employees, applicants, and contractors based in the U.S., publicly available information is typically not legally protected as Personal Data.
5. Collection of Personal Data
billups collects Worker Information to support our internal business processes related to our hiring, contracting, and employment practices and to comply with our legal obligations to personnel under federal, state, and local laws. All Worker Information is collected under the lawful basis of your consent, our legitimate interests related to our human resources activities, oras required or permitted by applicable law. billups collects this information during our recruitment, onboarding, and personnel processes from the following sources:
a. YourJob Application and Related Documents. When you apply for a position with billups, we collect the following Worker Information from your application and related documents:
· Identifiers like your full name, email address, phone number, mailing address, and other contact information.
· Employment and education history and related information, which may include nonpublic education information, that you include in your resume or other application materials.
· Personal Data you give billups to build your worker profile in our information systems, such as your legal name, social security number, date of birth, and other details.
· Protected classification characteristics, such as veteran’s status, disability status, gender, and ethnicity. Providing these details is optional, and any Personal Data of this nature that you submit is voluntary and provided with your consent.
· In some cases, information we collect via a background check such as your legal name and date of birth and the outcome of your completed background check.
b. Human Resources Forms. From time to time throughout your employment or contract with us, billups will collect Worker Information from you with your consent via our human resources forms and other internal documents. We will disclose the purpose of collecting this Worker Information at the time it is collected. For example, we may collect:
· Financial information like bank account and routing numbers for payroll purposes.
· Information about your dependents, including full name, address, birthday, social security number, gender, and relationship status, to provide healthcare and other benefits. Personal Data collected for healthcare benefit purposes will be processed subject to our carrier’s privacy policies and protocols.
· Protected classification characteristics such as veteran’s status, disability status, gender, and ethnicity to meet our legal reporting obligations. Answering these questions is optional, and any PersonalData provided in response to these questions is voluntary and provided with your consent.
· Protected classification characteristics like medical information, collected as needed to administer leave of absence, workers’ compensation, fitness for duty, and reasonable accommodation programs and policies.
· Sensitive Personal Data such as legally protected information for internal company census and worker engagement surveys. billups uses this information to track the progress of company programs. Worker participation in these surveys is entirely optional.
c. YourOnline Activity. billups reserves the right to collect information related to your use of billups’s information systems, networks, and devices, including any Personal Data contained in that information. We collect this information to achieve our legitimate interests of protecting the company from risks associated with employees, contractors, and other approved third parties using the internet in ways that may violate federal, state, or local laws or statutes, or put us at risk from the misuse of technology resources. We use this information to assist in the enforcement of company policies and to make decisions related to resource allocation and information technology management.
6. Use of Worker Information
Once collected, your Worker Information is entered into the software programs the company uses to manage and facilitate human resources, payroll administration, expense reporting, healthcare and benefits administration, training, and project management to create and maintain records related to your role with billups. Examples of human resources software we use include HRIS and Bamboo. Worker Information is processed as needed to facilitate benefits administration, payroll processing and taxes, emergency contact information, and human resources management. billups may also process Worker Information as needed to meet our legal obligations, offer fringe benefits, and for performance management or other purposes. We reserve the right to use your Worker Information in a deidentified form or in the aggregate to generate internal reports about personnel, training, and worker engagement.
7. Disclosures of Personal Data
billups will only disclose Worker Information with trusted service providers that provide HR-related services to our company. For example, the company’s benefits brokers and providers, and other benefits plan providers have access to Worker Information as necessary to provide HR-related benefits. Also, billups uses a screening vendor to process job applicant information.
Our service providers are subject to contractual requirements to take appropriate privacy and security measures to protect Worker Information in alignment with our policies. Note, however, that billups may, from time to time, engage service providers for limited operational needs without a contract, such as booking travel or accommodations, obtaining necessary insurance coverage, or transferring Worker Information for a small number of personnel for a specific, limited purpose as permitted by law. In any case, we only permit service providers to process Worker Information for specified purposes and only as instructed by the company.
billups does not sell Worker Information or use Worker Information for marketing or other purposes not disclosed at the time of collection or described in this policy, nor do we allow our service providers to sell your Personal Data or use it for their own purposes.
8. Personal Data Retention
billups will retain Worker Information on company information systems for the duration of your position with billups and for a period of 7 years after your termination date. We retain job applicant Worker Information for 2 years following the close of the recruitment period of the role for which you applied. We reserve the right to retain your Worker Information for longer periods as necessary to comply with applicable law or a litigation hold. At the end of the retention period, we will securely destroy your Worker Information in accordance with billups’ records retention and destruction policies.
9. Notice of Privacy Rights
The privacy laws of certain jurisdictions may provide you with rights over your Worker Information. Depending on where you live and work, you may enjoy some or all the privacy rights listed below:
a. U.S. Privacy Rights: This section applies to you if you reside in the United States. In the United States, privacy is governed by federal privacy laws covering specific industries or data uses and state privacy laws providing with general privacy rights. This section provides informational notices for the more than a dozen U.S. state privacy laws that provide privacy rights and require companies to inform you about those rights.Residents of states offering privacy protections may have some or all of the following rights:
· Right to correct inaccurate Worker Information about you that is on our systems. To do so, log into your personnel account to update your Personal Data and save your changes or contact hr@billups.com.
· Right to Delete. You have the right to request that we delete any of your Worker Information that we collected and retained, with certain exceptions. You can request that we delete your Worker Information by contacting [human resources email address]. In response, we may permanently delete, deidentify, or aggregate your data. Some exceptions apply, such as if the data is necessary to continue working with you.
· Rightto Access. You have the right to request that we provide you with access to specific pieces of Personal Data we have collected about you. In some cases, the data available in response to this request may be limited to the preceding 12 months. To access your data, login to your account where you can view or download it. If you need support, email hr@billups.com. Please note that we may be prohibited by law from disclosing certain pieces of Personal Data that would create a substantial, articulable, and unreasonable risk to the security of the information, our business systems, or your account.
· No selling or sharing Worker Information. Some jurisdictions entitle individuals to opt out of the sale or sharing of their Personal Data or targeted advertising practices. billups does not sell Worker Information or share it with third parties for cross-contextual behavioral advertising purposes.
· Limited use and disclosure. billups will not use or disclose your sensitive WorkerInformation to third parties for the purpose of inferring characteristics about you.
· Right to opt out of profiling. To the extent that billups uses automated processing to evaluate, analyze, or predict performance, preferences, choices, or behavior, you may have the right to opt out of this processing. Contact hr@billups.com if you have questions.
· Rightto Disclosure. You may have the right to request that we disclose information to you about our collection and use of your Worker Information, such as: (a) the categories of Worker Information we have collected about you; (b) the categories of sources for the WorkerInformation we have collected about you; (c) our business purpose for collecting or selling that Worker Information; (d) the categories of third parties with whom we disclose that Worker Information; and (e) if we sold or shared your Worker Information under applicable privacy laws (e.g., the CCPA),two separate lists stating: (i) sales or sharing, identifying the WorkerInformation categories that each category of recipient purchased; and (ii)disclosures for a business purpose, identifying the Worker Information categories that each category of recipient obtained. Note that under California and certain other states’ privacy laws, billups isonly required to respond to two disclosure requests within a 12-month period.
· Rightto non-discrimination. billups will not discriminate against you for exercising any of your privacy rights. If you are a resident of the State ofCalifornia, we will not (a) deny you goods or services, (b) charge you different prices or rates for goods or services, (c) provide you a different level or quality of goods or services, (d) retaliate against you as an employee, applicant for employment, or independent contractor; or (e) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, because you exercised your statutory right unless permitted by law.
· Health Data Rights. Some privacy laws may entitle you to receive certain details about health data collected about you. To the extent that billups collects any health data about personnel, your may have the right to receive (a) confirmation of whether billups collects, shares, or sells the your health data and provide access to that data, including a list of all third parties and affiliates with which billups has shared or sold the health data and a method to contact those third parties, (b) a method to withdraw consent related to use of health data, and (c) the right to have your health data deleted.
· California’sShine the Light Act. If you are a resident of the State of California, note that California’s Shine the Light Act (Civil Code sections1798.83-1798.84) entitles residents of California to request certain disclosures regarding Personal Data sharing with affiliates and/or third parties for marketing purposes.
b. Canadian Privacy Rights: This section provides supplemental information in compliance with Canada's Personal Data Protection and Electronic Documents Act ("PIPEDA"). This section applies solely to residents of Canada where PIPEDA applies. If PIPEDA applies to you,PIPEDA gives you specific rights regarding Personal Data offering details on an identifiable person without the inclusion of name, title, telephone number, and business address of an employee of a business or organization. The following paragraphs describe PIPEDA rights and explain how to exercise those rights.
· Right to know why we collect, use, and distribute your Worker Information. We have set the required notices in this policy. We may provide you with additional notices about other ways we process your Worker Information, such as by sending you a notice via email or by other means of communication.
· Right to expect us to collect, use, or disclose Worker Information responsibly and not for any other purpose other than which you consented. We set your expectations in this policy and collect express or implied consent at various stages of collection or processing. If we collect or use your Worker Information based on your consent, we will also notify you of any changes and will request your further consent as needed. You may withdraw your consent at any time with reasonable notice via email.
· Rightto accuracy of your Worker Information. We take steps to reasonably ensure that your WorkerInformation we are using is accurate. In most cases, we rely on you to ensure that your information is current, complete, and accurate. We provide methods for you to correct, update, and delete inaccurate Worker Information in your account, and we will provide you with reasonable assistance to ensure that yourWorker Information is accurate in our systems and with our service providers.
· Right to access your Worker Information. Upon written request and identity authentication, we will provide you with your WorkerInformation under our control, information about the ways in which that information is being used and a description of the individuals and organizations to whom that information has been disclosed. We will make the information available within 30 days or provide written notice where additional time is required to fulfill the request. If limited by law or potential infringement on another's privacy rights, we may not be able to provide access to some or all of the Worker Information you request. We will notify you in writing if we must refuse an access request and we will document the reasons for refusal and outline further steps that are available to you.
c. EEA and UK Privacy Rights: This section is provided to comply with the General Data Protection Regulations and its counterpart regulation applicable to residents of the United Kingdom ("GDPR").This section applies solely to residents of the EEA and the United Kingdom("Data Subjects"). billups collects and processes Worker Information of Data Subjects as a controller. If you are a Data Subject, you have the following rights in relation to your WorkerInformation:
· Right to know howwe process your Worker Information. We have set the required notices in this policy. We may provide you with additional notices about other ways we process your WorkerInformation, such as by sending you a notice via email or by other means of communication.
· Right to access your Worker Information. Upon request, we will provide you with a copy of your Worker Information, along with details about the types of Worker Information we process, why we process it, and any third parties we work with to collect Worker Information on our behalf. We may have one or more legally valid reasons to refuse your request in whole or in part, for example, to protect the rights of other individuals.
· Right to restrict processing of your Worker Information. You can request that we restrict the processing of your Worker Information if: (a) the data is inaccurate; (b) the processing is unlawful; (c) we no longer need the Worker Information; or (d) you exercise your right to object.
· Rightto rectify yourWorker Information. If you become aware that the Worker Information that we hold about you is incorrect, or if your information changes, please inform us and we will update our records.
· Right todata portability.In some circumstances, we are required to provide your Worker Information to another organization at your request and in a structured, commonly used machine-readable format, so that the other organization can read and use it.
· Right to erasure or the "right to be forgotten". Upon your request, and in certain circumstances and where we are required to do so by law, we are required to delete or anonymize your Worker Information. This right is not absolute, and we may be entitled to retain and process your Worker Information despite your request. If you make this request, we balance certain legal, contractual, and business interests against your right to request the deletion of your Worker Information. Some exceptions apply, such as if the data is necessary to continue working with you.
· Right to object to certain processing of your Worker Information. Upon your request, and in certain circumstances and where we are required to do so by law, we will limit our processing of your Worker Information as you request.
· Right to not be subject to Automated Decision-Making. If billups uses automated decision-making to process your Worker Information, you have the right to opt out of that processing. Contact hr@billups.com for details.
· Right to Complain. If you are a resident of the EEA and you believe we are unlawfully processing your Worker Information, you also have the right to complain to your local data protection supervisory authority.If you are a resident in Switzerland, you have the right to complain to the Swiss data protection authorities.
· Supplemental Notice for France. If you are a Data Subject residing in France, you have the right to provide billups with general or specific instructions for the retention, deletion, and communication of your Worker Information after your death. The specific instructions are only valid for the processing activities mentioned therein and the processing of these instructions is subject to your specific consent. You may amend or revoke your instructions at any time. You may designate a person responsible for the implementation of your instructions. This person will be informed of your instructions in the event of your death and be entitled to request their implementation from us. In the absence of designation or, unless otherwise provided for, in the event of the death of the designated person, their heirs will have the right to be informed of your instructions and to request their implementation from us. To issue instructions, contact hr@billups.com.
PrivacyRights of India: This section provides supplemental information in compliance with India’s Digital Personal Data Protection Act 2023 ("DPDPA"). This section applies solely to residents of Canada where PIPEDA applies ("Data Principles"). DPDPA gives Data Principles specific rights regarding theirWorker Information as detailed below:
· Right to access. Data Principals have the right to access their Worker Information held by billups, including the source of the data, the purpose for which it is being processed, and the categories of data recipients.
· Right to correct. Data Principals have the right to have their Worker Information corrected if it is inaccurate or incomplete. For example, a person who changes their last name has the right to have their Worker Information corrected to reflect such a change.
· Right to erasure. Data Principals have the right to have their Worker Information erased if it is no longer necessary for the purpose for which it was collected or processed or if the Data Principal withdraws their consent. It is important to note that at least one of these two requirements must be met to exercise the right to delete. Some exceptions may apply.
· Right to restrict. Data Principals have the right to restrict the processing of their Worker Information in certain circumstances.
· Right to data portability. Data Principals have the right to obtain a copy of their Worker Information in a structured, commonly used, and machine-readable format and to transmit that data to another data fiduciary.
· Right to object to processing. Data Principals have the right to object to the processing of their Worker Information for certain purposes, such as processing for direct marketing purposes or for automated decision-making.
· The right to withdraw consent. Data Principals have the right to withdraw their consent to the processing of their Worker Information at anytime. However, withdrawal of your consent may mean billups cannot continue to work with you if such processing is necessary to administer your position.
Some of these laws may not apply to you, in which case these notices are offered as a courtesy to you. Also, your rights may be limited, for example, if fulfilling your request would reveal Personal Data about another individual, or if you ask us to delete personal data which we are required by law to keep or which we need to defend claims against us. To exercise your privacy rights, please contact hr@billups.com.
10. Data Security
billups has implemented and maintains reasonable security measures to secure WorkerInformation from accidental loss and unauthorized access, use, alteration, and disclosure. Our security measures are appropriate to the volume, scope, and nature of the Personal Data processed and designed to meet our duty of care with respect to your Personal Data. All Worker Information is encrypted and can only be accessed through approved software and access credentials. billups uses multi-factor authentication, industry-standardSSL for data encryption, proprietary technology, and other technical safeguards to protect information online and stored on our systems. We also maintain internal policies to govern the collection, processing, access, and handling of data. Only authorized employees have access to Personal Data and access is allowed based on need only. Personnel who violate our policies are subject to disciplinary action, up to and including termination.
Please keep in mind that we cannot guarantee complete security of any information, and information is a shared responsibility between us and you. You are responsible for keeping your device access, documents, and login credentials confidential and securely stored. You are also required to install and maintain anti-virus and anti-malware software on your billups devices and keep all software updated to avoid security risks.
We have put in place procedures to respond to suspected security incidents. We will notify you and any applicable regulator of a suspected security incident as legally required.
11. International Transfers
billups or our service providers or contractors may collect, use, process, store, or disclose Worker Information outside of their home jurisdiction, including in the U.S., and in some cases, other countries, for the purposes described in this policy. These countries may have data protection and privacy laws that are different than the laws of your home country. billups only transfers WorkerInformation to another country under a lawful transfer mechanism, such as Standard Contractual Clauses, and only in compliance with applicable data protection and privacy laws. If you require further information about our international transfers of personal data, please contact us at hr@billups.com.
In certain circumstances, we may be required to disclose Worker Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.