HealthcareSource HR, Inc. Privacy Notice for California Employees, Contractors, and Applicants (this "Privacy Policy").

 

Version: March 2021

This Privacy Policy relates to information collected online and offline by HealthcareSource HR, Inc. (“HCS” "we" or “us” or “our”) from or about you solely in your capacity as: (i) an HCS employee (each, an "Employee"); (ii) an independent contractor who is a natural person and has been engaged by HCS (each, a "Contractor"); or (iii) an applicant for employment with HCS as an Employee or engagement by HCS as a Contractor (each, an "Applicant"). This Privacy Policy has been prepared for your information and understanding of the policies, philosophies, and practices of HCS. As used herein, “you” and “your” means any Employee, Contractor or Applicant. This Privacy Policy will apply to you only if you are a California resident.

As used in this Privacy Policy, “sell” (including all grammatically inflected forms thereof) means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, consumer information (as defined below) to another business or a third party for monetary or other valuable consideration. “Selling” does not include (i) disclosing consumer information to a third party at your direction, provided the third party does not sell the consumer information except in accordance with the CCPA (as defined below), (ii) where you intentionally interact with a third party, provided the third party does not also sell the consumer information, (iii) using or sharing your consumer information with a service provider as necessary to perform business purposes, provided that such service provider provides its services on HCS’s behalf and provided that the service provider does not further collect, sell or use the consumer information except as necessary to perform the business purpose, or (iv) transfers of your consumer information to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of HCS, provided that information is used or shared consistently with the CCPA.

"CCPA" means the California Consumer Privacy Act, as may be amended from time to time, as well as any regulations promulgated thereunder.

Alternative formats of this Privacy Policy are available to individuals with a disability. Please contact legalteam@healthcaresource.com for assistance.

If you provide us with information of an emergency contact, dependents, or any other third party, it is your responsibility to obtain consent from that third party prior to sharing their consumer information with us. If you are an Applicant, if you intend to provide us with information of a reference or any other third party as part of your application process, it is your responsibility to obtain consent from that third party prior to sharing their consumer information with us.

 

  1. Consumer Information Collected: We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with particular California residents, devices or households ("consumer information"). Consumer information does not include deidentified or aggregated information, publicly available information from government records, or any other information that is excepted from the definition of "personal information" under the CCPA, or any information that is otherwise not regulated by the CCPA. In particular, we have collected the following categories of consumer information from California residents, households or devices within the last twelve (12) months:
     
Category
Examples
Business or commercial purposes for which we use consumer information

A. Identifiers.

Name, date of birth, alias, postal address, prior names used, emergency medical contact information, clothing size, email address, social security number, driver’s license number, passport number, or state identification card number, immigration documents, birth certificate, death certificate, marriage certificate, divorce agreement, documentation supporting 401k hardship withdrawal, and green card, permanent resident card, or alien registration receipt card.

  • If you are an Employee, to facilitate, administer and carry out the employer-employee relationship between you and HCS (including, without limitation, staffing of projects, verifying eligibility for employment, evaluating eligibility for prospective future positions, benefits administration and payroll, and human resources functions, and serving as a reference for prospective employees, the "Employment Relationship").

  • If you are a Contractor, to facilitate the business relationship between you and HCS, including to facilitate your provision of services to HCS and HCS's payment to you in consideration for such services, in each case in accordance with the terms and conditions of your agreement with HCS (the "Contractor Relationship").

  • If you are an Applicant, to evaluate whether or not to enter into an Employment Relationship with you or to engage you as a Contractor (as applicable).

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Name, digital signature, social security number, EEO-1 data (race/ethnicity, gender, and job category information), address, telephone number, passport number, driver's license number, or state identification card number, immigration documents, birth certificate, green card, permanent resident card, or alien registration receipt card, education, employment, employment history, bank account number, and medical information (including relating to physical or mental disability).

  • If you are an Employee, to facilitate the Employment Relationship.

  • If you are a Contractor, to facilitate the Contractor Relationship.

  • If you are an Applicant, to evaluate whether or not to enter into an Employment Relationship with you or to engage you as a Contractor (as applicable).

C. Protected classification characteristics under California or federal law.

Age, race, ancestry, national origin, citizenship, marital status, physical or mental disability, sex (including gender), pregnancy or childbirth and related medical conditions, language use, and veteran or military status.

  • If you are an Employee, to facilitate the Employment Relationship.

  • If you are a Contractor, to facilitate the Contractor Relationship.

D. Commercial information.

Receipts for reimbursement purposes.

  • If you are an Employee or a Contractor, to facilitate expense reimbursement.

E. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

  • If you are an Employee or Contractor, to facilitate the Employment or Contractor Relationship and to protect the integrity of our systems, hardware, infrastructure, and general ethical well-being.

F. Professional or employment-related information.

Current or past job history, current performance evaluations, reference checks, rate of pay and any other compensation paid, starting date of employment or contract engagement, resume, cover letter, job or contract applications, and/or other forms of employment or contract engagement inquiries submitted to us, waivers and other employment or contractual engagement agreements, termination notices, and documents related to discipline.

  • If you are an Employee, to facilitate the Employment Relationship.

  • If you are a Contractor, to facilitate the Contractor Relationship.

  • If you are an Applicant, to evaluate whether or not to enter into an Employment Relationship with you or to engage you as a Contractor (as applicable).

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)).

Grades, transcripts, student identification codes, and student financial information.

  • If you are an Employee, to determine eligibility for the receipt of HSC's employee benefit related to tuition reimbursement program.

 

  1. Use of Consumer Information; Categories of Sources: We use consumer information for the business or commercial purposes described in the table above. Regarding the categories of sources from which consumer information is collected, we collect consumer information that you submit to us and may also collect information through publicly available sources. Additionally, regarding information relating to Internet or other similar network activity, we collect this information when you interact with our IT systems.
     
  2. Disclosures of Consumer Information for a Business or Commercial Purpose: HCS may disclose your consumer information described in the table above to the following categories of third parties for the business or commercial purposes described below:
     

3.1 HCS Customers and Prospective Customers: HCS may disclose the consumer information of Employees and/or Contractors to HCS's customers (in connection with HCS's provision of services to customers) and/or prospective customers (in connection with HCS's responses to requests for proposals issued by prospective customers or HCS's business development efforts with respect to prospective customers).
 

3.2 Laws and Legal Rights: HCS may disclose your consumer information if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, lawful requests by public authorities, including to meet national security or law enforcement requirements, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating a contract with us, to detect fraud, for assistance with a delinquent account, or to protect the safety and/or security of our employees, users, HCS's intellectual property or the general public.
 

3.3 Outside Contractors: We may employ independent contractors, vendors and suppliers (collectively, "Outside Contractors") to provide specific services and products related to the Employment Relationship or Contractor Relationship, for example only, (in the case of Employees only) facilitating payroll or administering benefits, or (in the case of Applicants) facilitating the application process. In the course of providing products or services to us, these Outside Contractors may have access to your consumer information.  We use reasonable efforts intended to ensure that these Outside Contractors are capable of protecting the security of your consumer information.

3.4 Sale of Business:  We reserve the right to transfer consumer information to a third party in connection with a sale, merger or other transfer of all or substantially all of the assets of HCS or any of its Corporate Affiliates (as defined below), or that portion of HCS or any of its Corporate Affiliates to which the Employment Relationship or Contractor Relationship relates, or in connection with a strategic investment by a third party in HCS, or in connection with a strategic investment by a third party in HCS, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding.

3.5 Corporate Affiliates:  We may disclose your consumer information to our Corporate Affiliates. "Corporate Affiliate" means any person or entity which directly or indirectly controls, is controlled by or is under common control with HCS, whether by ownership or otherwise; and “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of fifty percent (50%) or more of the voting securities, by contract or otherwise.

In the preceding twelve (12) months, HCS has disclosed each of the categories of consumer information described in the table above for a business or commercial purpose to the following categories of third parties:

  1. HCS Customers and Prospective Customers, solely with respect to Employees and Contractors, as further described Section 3.1 above; and
     
  2. 3.3. Outside Contractors, as further described Section 3.3 above.

 

  1. Sales of Consumer Information:  In the preceding twelve (12) months, HCS has not sold, and HCS does not and will not sell, consumer information that is subject to this Privacy Policy.

 

  1. California Residents’ Rights and Choices: This Section 5 shall apply from and after January 1, 2021, and not before. The CCPA provides California residents with specific rights regarding their consumer information. This Section 5 describes your CCPA rights (to the extent applicable to you) and explains how to exercise those rights.
     

5.1 Access to Specific Information and Data Portability Rights: You may have the right to request that HCS disclose certain information to you about our collection and use of your consumer information over the past 12 months. Once we receive and confirm your verifiable consumer request (in the manner described in Section 6 below), to the extent required by the CCPA, we will disclose to you:

5.1.1. The categories of consumer information we collected about you.

5.1.2. The categories of sources for the consumer information we collected about you.

5.1.3. Our business or commercial purpose for collecting that consumer information.

5.1.4. The categories of third parties with whom we share that consumer information.

5.1.5. The specific pieces of consumer information we collected about you (also called a data portability request).

5.1.6. If we disclosed your consumer information for a business or commercial purpose, a list disclosing disclosures for a business or commercial purpose, identifying the consumer information categories that each category of recipient obtained.

 

5.2 Deletion Request Rights:  You have the right to request that HCS delete any of your consumer information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm a verifiable request from you (if you are a California resident) in the manner described in Section 6 below (“verifiable consumer request”), we will delete (and direct our service providers to delete) your consumer information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) or customers to:

5.2.1. Complete the transaction for which we collected the consumer information, provide a product or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.

5.2.2.Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

5.2.3. Debug products or services to identify and repair errors that impair existing intended functionality.

5.2.4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

5.2.5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

5.2.6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.

5.2.7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

5.2.8. Comply with a legal obligation.

5.2.9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

  1. Exercising Access, Data Portability, and Deletion Rights:  Notwithstanding the Effective Date, this Section 6 shall apply from and after January 1, 2021, and not before.

 

6.1.1. To exercise the access, data portability, and deletion rights described in Section 5 above, please submit a verifiable consumer request to legalteam@healthcaresource.com. Only you, or someone legally authorized to act on your behalf (such as an authorized agent), may make a verifiable consumer request related to your consumer information. You may also make a verifiable consumer request on behalf of your minor child. You may make a verifiable consumer request for access or data portability no more than twice within a 12-month period. The verifiable consumer request must: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected consumer information or an authorized representative; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with consumer information if we cannot verify your identity or authority to make the request and confirm the consumer information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use consumer information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

6.2. We use the following process to verify consumer requests: All requests for information about categories of information or specific information we have collected and all requests to delete information will be referred to the Legal department at HCS. You will be contacted directly by the Legal department or its delegate using contact information that we have on file for verification of the request. We will require information from you that matches information we already hold to ensure the validity of the request. We will not provide you with specific pieces of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of that personal information. We will require extra levels of verification to disclose a consumer’s Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, or security questions and answers. We may deny your request if you are not able to provide us with verifiable responses to reasonably-requested information.

6.3. We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. If you have an account with us, we may deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your consumer information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. If your requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may either charge a reasonable fee, taking into account the administrative costs of providing the information or communication or taking the action requested, or refuse to act on the request and notify you of the reason for refusing the request.

 

  1. Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights, including, unless permitted by the CCPA, by:

7.1. Denying you goods or services.

7.2. Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

7.3. Providing you a different level or quality of goods or services.

7.4. Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

In this Privacy Policy, unless a clear contrary intention appears: (i) where not inconsistent with the context, words used in the present tense include the future tense and vice versa and words in the plural number include the singular number and vice versa; (ii) the titles and subtitles used in this Privacy Policy are used for convenience only and are not to be considered in construing or interpreting this Privacy Policy; (iii) “hereunder,” “hereof,” “hereto,”  and words of similar import shall be deemed references to this Privacy Policy as a whole and not to any particular Section or Subsection of this Privacy Policy; (iv) “including” (and with correlative meaning, “include”) means including without limiting the generality of any description preceding such term; and (viii) where not inconsistent with the context, the word "or" is not exclusive.

 

 

Last updated and effective March 2021