(Updated May 12, 2020)
PRO Unlimited, Inc. ("PRO") collects and processes personal data of its employees (for both its staff and for contingent workers assigned to work at PRO Clients, workers employed or supplied by third parties such as temporary employment agencies and other labor providers, and for persons who are being considered for engagement as contingent workers or independent contractors by either PRO or its customers (sometimes referred in this Statement as "data subjects"). The purpose of this form is to explain what data we collect, the purposes for which it is processed and used, and certain rights that data subjects have with respect to this data.
PRO adheres to the following:
We collect, retain and use personal data for legitimate business purposes only. We limit the information we collect to that which we believe is appropriate and necessary to provide our services and comply with applicable laws.
We strive to maintain the accuracy of personal data.
Our employees are required to protect personal data on our system. We have internal policies and programs designed to protect personal data.
We limit the internal and external disclosure of personal data.
We do not share personal data with any third parties, except as set forth below.
This Privacy Notice provides information to California residents whose personal information is processed pursuant to the California Consumer Privacy Act of 2018 ("CCPA"). It describes the categories of personal information PRO Unlimited collects and the purposes for which that information is collected. It also summarizes the rights California residents have and how they may exercise these rights. California residents may have the right to request access to the personal information we have collected about them, and deletion of the personal information we have collected from them. These rights are described in more detail below in the section entitled "Data Subject Rights Concerning Personal Data." If you only have a business or employment relationship with us (e.g., you are an employee or contingent worker), these rights below may only be available to you after January 1, 2021, or as required by law. For purposes of this Notice, the term "personal data" has the same meaning as the term "personal information" is defined in the CCPA.
With respect to the personal data of individuals in the European Union, European Economic Area and Switzerland, PRO complies with the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, the United Kingdom, and/or Switzerland, respectively, to the United States. PRO has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/. The principles we follow can be summarized as follows:
Notice: PRO will inform European Union, United Kingdom and Swiss data subjects of our data handling practices, which are set forth in this Notice. This includes, for example, the type of data collected, the purpose of processing it, and the conditions for onward transfers to third parties.
Choice: PRO will give data subjects the opportunity to opt out of having their data disclosed to third parties (other than agents assisting PRO with the processing of the data), or having their data used in a manner that exceeds the original disclosures.
Accountability for Onward Transfer: Transfers of data by PRO to other data controllers or processors can only occur: (i) for limited and specified purposes described below; (ii) on the basis of a contract; and (iii) only if that contract provides the same level of protection as the Privacy Shield Principles. In the context of an onward transfer PRO is responsible for the processing of personal data it receives under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on behalf of PRO. PRO complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions. PRO shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless PRO proves that it is not responsible for the event giving rise to the damage.
Security: PRO will take reasonable and appropriate security measures to protect personal data from loss, misuse, and unauthorized access, disclosure, alteration and destruction. If PRO uses a sub-processor, we will ensure that our contract with the sub-processor provides the same level of protection as provided by the Privacy Shield Principles.
Data Integrity and Purpose Limitation: PRO will take reasonable steps to ensure the personal data is reliable for its intended use, and is accurate, complete and current. The data used should be limited to that which is relevant to the purpose of the processing, and not processed in a manner that is incompatible with the purpose for which it was originally collected or subsequently authorized by the data subject.
Access: Data subjects have the right to obtain confirmation of whether PRO is processing their data, and get a copy of the data. Data subjects are also able to correct or delete personal data where it is inaccurate or has been processed in violation of the Privacy Shield Principles, except where the burden or expense of providing access would be
disproportionate to the risks to the individual's privacy in the case in question, or where the rights of persons other than the data subject will be violated.
Recourse, Enforcement and Liability: PRO is subject to the jurisdiction of the United States Federal Trade Commission, which has the right to enforce PRO's compliance with the Privacy Shield Programs.
EU- US Privacy Shield: PRO has further committed to cooperating with EU and UK data protection authorities ("DPAs") with regard to unresolved EU- US Privacy Shield complaints concerning personal data transferred from the EU as described below. If a data subject does not receive timely acknowledgment from us of their complaint, or if we have not addressed the complaint to their satisfaction, they should contact the EU or UK DPAs (as applicable) for more information or to file a complaint. The services of the EU and UK DPAs are provided at no cost to data subjects.
Swiss- US Privacy Shield: PRO is also committed to cooperating with the Swiss Federal Data Protection and Information Commissioner. When covering non-HR data received from Switzerland, PRO is committed to cooperating with and complying with the advice of the Commissioner.
PRO is committed to cooperating with the EU and UK DPAs and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and complying with the advice given by such authorities with regard to human resources data transferred from the EU, UK and/or Switzerland in the context of the employment relationship.
In compliance with Privacy Shield Principles, PRO commits to resolve complaints about our collection or use of your personal information. EU, UK and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact PRO at:
PRO Unlimited, Inc.
Email: email@example.com 1150 Iron Point Road, Ste. 100
Folsom, CA 95630 United States
Our EU representative for GDPR compliance purposes may be contacted at: PRO Unlimited Global Netherlands BV
Kranenburgweg 135-A, 2583 ER The Hague
If you do not receive timely acknowledgement of your complaint from us, or if we have not addressed your complaint to your satisfaction, you can at any time lodge a complaint with the data protection authority of the EEA country where you live or with the data protection authority of the country or state where the PRO controller that collected your personal data has its registered seat. A list of
Under certain conditions, you may invoke binding arbitration for complaints regarding Privacy Shield compliance that are not resolved by following the above complaint procedures. More information on binding arbitration can be found here: https://www.privacyshield.gov/article?id=ANNEX-I-introduction
PRO uses many sources of information to help us meet our needs and the needs of our customers, employees, and contingent workers. PRO collects personal data including:
For workers directly employed by PRO: PRO maintains certain personal data about our employees as part of our general employee records. This includes both staff employees and contingent workers who are directly employed by PRO and assigned to work at our clients ("PRO Employees"). PRO's records may include a PRO Employee's name, address and contact details, Social Security number or other national identifier, marital status, educational background, résumé (or curriculum vitae), employment application, history with the company, areas of expertise, details of compensation and benefits, business expenses, bank details, performance appraisals and salary reviews, records relating to holiday and other leave, working time records and other management records (collectively, "Employee Data"). For most contingent workers, this Employee Data is collected, stored, and processed in PRO's proprietary vendor management system, Wand. Employee Data is also processed and stored on PRO computers and sometimes in hard copy form by various departments of PRO.
For workers employed or supplied by third parties: PRO maintains personal data about contingent workers employed or supplied by third parties such as temporary employment agencies and other labor providers. This personal data typically includes the contingent worker's name, contact information such as a telephone number and email, details of the worker's assignment such as location, department, and title, and the worker's pay rate. This personal data may also include the worker's educational background and work history, résumé or curriculum vitae, employment application, areas of expertise, details of compensation and benefits, business expenses, bank details, performance appraisals and salary reviews, records relating to holiday and other leave, working time records and other management records. Most of this personal data is collected, stored, and processed in the Wand VMS.
For persons who are being considered for engagement as contingent workers or independent contractors by either PRO or its customers: PRO maintains personal data of persons who are being considered for engagement to provide services to a PRO customer, either as a contingent worker (whether to be employed directly by PRO, a temporary staffing agency or other labor provider) or as independent contractor or freelancer. This personal data typically includes the person's name, contact information such as a telephone number and email, and details of the proposed assignment such as location, department, title, and proposed compensation. This personal data may also include the worker's educational background and work history, résumé or curriculum vitae, employment application, areas of expertise, business expenses, and other management records. Most of this personal data is collected, stored, and processed in the Wand VMS.
Personal data may also be processed and stored on PRO computers and sometimes in hard copy form by various departments of PRO. Finally, the personal data may be transmitted to, by and between PRO and its customers.
PRO is headquartered in the United States, and personal data collected is processed in the United States. Personal data is collected and transferred only to perform a contract between PRO or its customer with the data subject or the subject's employer, or if it is necessary for the legitimate interests pursued by PRO or its customer except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject that require protection of the subject's personal data.
For the purposes described in this Notice, PRO may disclose the personal data:
To any of our related PRO companies (including PRO Unlimited, Inc. and RightSourcing, Inc.). PRO uses Employee Data for a variety of personnel administration and employee, work and general management purposes. For example, PRO needs this information to administer payroll and employee benefits, to maintain general human resource management records (including sickness and other absence records), conduct performance and compensation reviews, determine suitability and fitness to render services to our customers, operate the company's IT and communications systems, comply with our recordkeeping obligations, and give references;
To third parties who provide PRO with legal and accounting advice, or who provide or administer our insurance, retirement funds, and employee benefits;
To third party contractors who perform services on our behalf, such as reviewing and developing our business systems, procedures and infrastructure (including testing or upgrading our computer systems);
To the customer(s) for whom the contingent worker provides services;
To government agencies or individuals appointed by a government responsible for the investigation and resolution of disputes or complaints; or
As otherwise required or authorized by law.
Where personal data is transferred to third parties, it is only to third parties acting as agents of PRO for the purposes described above (i.e., general employment purposes). In no case does PRO transfer personal data for any purpose not compatible with these purposes without first notifying the data subject.
PRO takes reasonable precautions to protect personal data from loss, misuse, or unauthorized access, disclosure, alteration or destruction. Personal data is maintained in secure electronic and manual files at PRO, and access to these files is limited to PRO employees and customers for whom access is necessary to properly process the personal data consistent with the stated purposes. Personal data that is transferred to third parties is done so by methods designed to reasonably reduce the risk that the personal data is lost, stolen, or inadvertently sent to a person or organization other than the intended recipient.
Some of this personal information is stored and processed at PRO's facilities in the United States, including the processing of payroll information. The Company has security measures in place which will ensure the confidentiality of the information contained in the database and these measures will be reviewed over time and upgraded as needed.
PRO does not:
Use the data collected in any form of automated decision-making.
Collect or process "special categories of personal data" as that term is used in the EU General Data Protection Regulations (GDPR), Article 9, e.g., we do not collect or process data revealing the data subject's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data, or data concerning subject's sex life or sexual orientation.
Collect or process personal data of persons who are less than 16 years old.
PRO stores personal data, as described herein, on its servers, which are located in the United States. PRO retains personal data only for as long as is necessary to fulfill the stated purposes for which it is collected, or as required by applicable laws or regulations. Personal data of workers who are directly employed by PRO, or directly employed or supplied by third parties such as temporary employment agencies, will be retained for so long as required by the laws of the jurisdiction in which the worker provides services. Generally these laws require the personal data be retained by PRO for a period of time following the termination of the worker's services, often up to seven years. In addition, some personal data may be required to be retained by PRO under the terms of PRO's contract with the client for whom the worker provided services. The specific retention period for particular worker's personal data may be obtained by contacting us at the address set forth below.
Individuals have a right to access the personal data PRO holds about them. To obtain a copy of the personal data we hold, at no cost to them, individuals should write or email us at the address shown below. If access cannot be provided within a reasonable time, we will provide the requestor with an estimate of the amount of time that will be needed to provide access. If for some reason access is denied, we will inform the requestor of the reason for that denial.
Individuals may also request information about the purposes of PRO's processing of their personal data, the categories of personal data concerned, whether any party outside PRO might have received the data from PRO, the source of the data if the individual did not provide it themselves, and how long it will be stored. If a data subject discovers that any of his or her personal data is inaccurate, the data subject has a right to have that data corrected.
Data subjects may request that PRO erase their personal data or cease processing it, subject to certain exceptions. In many countries, data subjects have a right to bring a complaint to the appropriate data protection authority if they have concerns about how PRO processes their data.
When technically feasible, at a data subject's request PRO will provide the subject's personal data to him or her, or transmit it directly to another controller or processor. For any questions or
requests related to personal data, please contact us at the address shown below.
If we change our privacy policies, we will update this document so that data subjects are always aware of what information we collect, how it is used, and under what circumstances it may be disclosed. PRO reserves the right to modify, alter, or update this Notice at any time and without advance notice. This Notice is effective as of the date that appears at the top of this document. In the event of any questions about our privacy policies or related matters, please contact us at firstname.lastname@example.org.
In the event you have any questions or complaints, access requests or other concerns or issues arising from your use of Wand or our privacy policies, please contact our Data Protection Officer:
PRO Unlimited, Inc.
Email: email@example.com 1150 Iron Point Road, Ste. 100
Folsom, CA 95630 United States