FRUIT GROWERS SUPPLY COMPANY
DATA PROTECTION NOTICE FOR EMPLOYEES, EMPLOYEE APPLICANTS & CONSULTANTS
Last Updated: January 1, 2020.
Your privacy is important to us. We respect the privacy rights of all individuals and we are committed to handing personal data responsibly in accordance with applicable laws. This “Notice” explains what personal data we collect from you, what we use that personal data for, and to whom we disclose such data, in each case as required by the California Consumer Privacy Act of 2018 (the “CCPA”). Please note that this Notice applies to the handling of your personal data as an employee, employee applicant or consultant. Additional details concerning FGS’s privacy requirements for employee data can be found in internal resources, including the FGS Employee Handbook (the “Handbook”). However, if and to the extent there are any inconsistencies between this Notice and the Handbook, the provisions of this Notice control.
This Notice does not cover your use of FGS’s consumer products as a consumer, outside of your regular employment with FGS. To learn more about FGS’s data collection practices that cover your use of FGS products as a consumer, please read our FGS Privacy Statement.
This Notice is not intended and shall not be read to create any express or implied promise or contract for employment, for any benefit, or for specific treatment in specific situations. Nothing in this Notice should be construed to interfere with FGS’s ability to process employee data for purposes of complying with its legal obligations, or for investigating alleged misconduct or violations of company policy or law, subject to compliance with internal policy and local legal requirements.
For purposes of this Notice:
- The words “our,” “us,” “we,” and “FGS” refer to Fruit Growers Supply Company, our subsidiaries and our other affiliates.
- The term “employee” refers to all employees, officers and Board members of FGS, and all consultants and individual contractors engaged by FGS ;and
- The term “employee applicant” refers to individuals who have submitted information to FGS (such as a resume or job application) in order to apply for employment by FGS.
Compliance with Applicable Laws
This Notice serves as a general guide to how FGS treats employee and employee applicant personal data. Data privacy laws vary in different jurisdictions where FGS operates and has employees. FGS’s policy is to comply with all such local laws. Where local laws are stricter than the CCPA, FGS satisfies those stricter requirements.
What Personal Data Do We Collect and How Do We Collect It?
FGS collects and stores different types of personal data about employees and employee applicants, including:
- Demographic data – such as your first and last name, gender, photo, and date of birth.
We may also collect and process “Sensitive Personal Information” about you in accordance with local requirements and applicable law. This may include any information that reveals your racial or ethnic origin, religious, political or philosophical beliefs, trade union membership, or information about your health, disabilities, or sexual orientation. We will use this information to comply with anti-discrimination laws and government reporting obligations and to help insure equal employment opportunities. We may also request information about your physical or mental condition to provide work-related accommodations, to provide health and insurance benefits to you and your dependents, or to manage absences from work.
- Contact details – such as home addresses, telephone numbers, email addresses and emergency contact details.
- Employment details – such as job title/position, office location, hire dates, compensation, performance and disciplinary records, and vacation records.
- Educational and professional background – such as work history, academic/professional qualifications, education, CV/résumé, reference letters and interview notes, and criminal records data (for vetting purposes, where permissible and in accordance with applicable law).
- National identifiers – such as passports, immigration status and documentation, visas, and social security numbers.
- Dependent information – such as spouse/partners and dependents first and last names, date of birth and contact information.
- Financial information – such as banking details, tax information, payroll information, withholdings, salary, benefits, and expenses.
- IT information – information required to provide access to FGS’s IT systems and networks such as IP addresses and login information.
The personal data we collect from employees and employee applicants is typically collected from them directly and maintained in the employee’s personnel file. In some cases, we may collect personal data about employees and employee applicants from third parties, for example, when we perform background checks that are necessary for the role to be performed by the employee or employee applicant upon employment. We also collect personal information in connection with our activities described below under “Monitoring.” If we ask you to provide any other personal data not generally described above, then the personal data we will ask you to provide, and the reasons why we ask you to provide it, will be made clear to you at the point we collect it.
What Do We Use the Personal Data For?
FGS uses the personal data that we collect for the varied purpose set out below. Failure to provide your personal data when requested may prevent us from being able to carry out these tasks and/or comply with our legal obligations.
1. To administer your employment contract, offer letter or other commitments we have made to you
We process your personal data primarily for the purpose of managing our employment or working relationship with you, and to fulfill our obligations under your employment contract, or applicable policies, including payroll, benefits administration, tax reporting, and the like. A few examples: your employment contract, your offer letter (e.g. so we can on-board you), promotion history, and your bank account and salary details (e.g. so we can pay you or provide HR benefits). If you are an applicant, we process your data to engage with you about FGS job opportunities, consider your application for employment to specific roles at FGS, and other similar uses including candidate screening, interview scheduling and management, lawful background checks, and to on-board you at FGS if you receive and accept an offer of employment with us.
2. Other legitimate business purposes
We also may process your personal data when it is necessary for other legitimate purposes, such as general HR administration, general business management and operations, disclosures for auditing and reporting purposes, management of network and information systems, security and business operations, provision and improvement of employee services and physical security.
3. Legally required purposes
We also may process your personal data when we consider it necessary for complying with laws and regulations, including collecting and disclosing personal data as required by law (e.g., for minimum wage, working time, tax, health and safety, anti-discrimination laws), under judicial authorization, or to exercise or defend legal rights of FGS.
4. Other uses of your data (where permissible and in accordance with applicable law and consultation requirements)
We also may process data about you for the legitimate purposes reasonably required for our day-to-day and other operations.
FGS physically and electronically monitors its offices and use of our IT and communications systems. For example, we may install video cameras on our premises, both indoors and outdoors. FGS may also monitor or record activity on our IT and communications systems and network, such as internet traffic, website filtering, email communications or systems accessed. All email messages, social media activity and internet activity is automatically archived in FGS’s computer systems
Where permitted by law, we may also carry out monitoring for such purposes as:
- Proof of business transactions and archiving;
- Training and evaluation of employees;
- Protection of confidential information, intellectual property and other business interests;
- To investigate breaches of FGS policies or procedures or other unlawful or improper acts;
- For compliance with a legal obligation; and
- Other legitimate purposes as permitted by applicable law.
In the process of monitoring FGS’s offices, systems, network and work-related activities, we may come across employees’ or employee applicants’ personal data. Monitoring will be done in a manner that is reasonable under the circumstances and only as and when required or permitted by applicable law.
You should be aware that any message, files, data, document, facsimile, audio/video, social media post or instant message communications, or any other types of information transmitted to, through or from, received or printed from, or created, stored or recorded on our IT and communications systems and assets (including via the use of personal devices accessing FGS IT systems) may be monitored, accessed or used by us in accordance with applicable law and subject to FGS’s internal policies concerning access to and uses of such data.
With Whom Do We Share Your Data?
We will only share your personal data with those who have a legitimate need for it. We may share your personal data with other employees, our board members, our affiliates and their employees, and contractors, consultants and service providers who require the data to assist FGS in establishing, managing or terminating your employment with FGS. For example, we engage third parties such as employee benefit plan providers, payroll support services and employee travel management services. In some cases, these parties may also provide certain IT and data processing services to us so that we can operate our business. When we share personal data with these parties, we will make sure that they use or disclose that personal data only as instructed by FGS and in a manner consistent with this Notice.
We may also disclose your personal data to a third party under the following circumstances:
- if we in good faith believe we are compelled by any applicable law, regulation, legal process or government authority, such as in response to a valid subpoena court order;
- where necessary to exercise, establish or defend legal rights, including to enforce our agreements and policies;
- to protect FGS’s rights or property;
- to protect FGS, our customers, or the public from harm or illegal activities;
- to respond to an emergency which we believe in good faith requires us to disclose data to prevent harm;
- with your consent; or
- for such other reasons as may be necessary or appropriate.
We use appropriate technical and organizational security measures to protect the security of your personal data both online and offline including the implementation of access controls, implementation of firewalls, network intrusion detection and use of anti-virus software. Please note that no system is completely secure. Accordingly, we cannot guarantee that unauthorized access, hacking, data loss or a data breach will never occur.
How Do You Update Your Personal Data?
It is important that the information contained in our records is both accurate and current. If your personal data changes during the course of your employment, please refer to the procedure under “Personal Data Changes” in the Handbook.
How Can You Request Access to Your Personal Data?
You may access certain of your personal data through our Human Resources Information System (currently, UltiPro). You may access your personal records by following the procedures set forth in the Handbook under “Personnel Records.” Other data may be requested by contacting HR. You can also ask that we delete personal data that you believe is inaccurate or no longer relevant in the same manner.
What Other Rights Do You have Over Your Personal Data?
In addition to being able to update, correct, and access your personal data, you may also have other data protection rights. For example, if we have collected and processed your personal data with your consent, then you have the right to withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we carried out prior to your withdrawal, nor will it affect processing of your personal data carried out in reliance on other lawful grounds other than consent.
How Long Do We Retain Your Personal Data?
We will keep your personal data for as long as is needed to carry out the purposes described above, or as otherwise required by law. Generally, this means we will keep your personal data until the end of your employment with us, plus a reasonable period of time after that where necessary to respond to any employment inquiries, deal with legal, tax, accounting or administrative matters, or to provide you with any ongoing benefits.
Once we have no continuing legitimate business need to process your personal data, we will either delete or anonymize it or, if this is not possible (for example, because your personal data has been stored in backup archives), then we will securely store your personal data and isolate it from any further processing until deletion is possible.
Revisions to This Privacy Notice
We may make, from time to time, updates or changes to this Notice because of changes in applicable laws or regulations or because of changes in our personal data practices. We will give you notice of any material changes that impact your personal data, and where consent is necessary to make a change apply to our practices with respect to your personal data, we will not apply the changes to your personal data until we have that consent.
Questions or inquiries about this notice can be directed to FGS’s Human Resources Department.