Job Applicant Privacy Notice - Harvest Sherwood Food Distributors

Harvest Sherwood Job Applicant Privacy Notice

CALIFORNIA JOB APPLICANT PRIVACY NOTICE/YOUR PRIVACY RIGHTS

Effective Date: January 1, 2023

LAST UPDATED JANUARY 1, 2023

Harvest Sherwood together with its subsidiaries and affiliates (collectively, "Harvest Sherwood" "us," "we," or "our") is committed to protecting the privacy of Personal Data (defined below).

This Privacy Notice applies to California residents and informs you of our practices concerning the processing of California residents’ Personal Data collected when you apply for a job with Harvest Sherwood or otherwise engage in recruitment-related activities. This Privacy Notice does not apply to Personal Data we may collect about you in other contexts, such as information we collect about you when you interact with our websites, do other business with us or once you have entered into an employment relationship with us.

We are required by California’s privacy laws and regulations to give you the information in this Privacy Notice. It is important that you read this Privacy Notice carefully, together with any other information that we might give you from time to time about how we collect and use your Personal Data.

Whenever you interact with us on behalf of another individual or entity, such as if you provide us with names of other individuals as references in your job application, you must obtain their consent (or have the legal authority without consent) to share their Personal Data with us.

Changes: We may update this Privacy Notice from time to time. Any updated Privacy Notice will be effective when posted. Please check this Privacy Notice periodically for updates. If required by law, we will contact you directly to provide you with an updated Privacy Notice.

This Privacy Notice does not form part of any contract of employment or other contract to provide services and does not give you any contractual rights.

Sources of Personal Data

“Personal Data” is any information relating to an identified or identifiable natural person. We collect Personal Data about you from the following sources:
1. Directly from you. We may collect Personal Data you provide to us directly, such as when you complete a paper or online application (including on a dedicated online talent management platform), communicate with us in connection with your application, provide references, or participate in an interview or any aptitude test or assessment (including online). We may also collect your Personal Data when you decide to complete questionnaires, such as a satisfaction survey or a diversity and inclusion questionnaire.
2. Data collected automatically. We may automatically collect information or inferences about you.
3. From third parties. We may collect Personal Data from third parties, such as companies or individuals who direct or refer you to us (including third-party staffing or recruiting
  
  firms or individuals who suggest or identify you, as well as from publicly available sources and third-party professional social networking websites). Where permitted or otherwise authorized by law, we may also collect information received from third parties in connection with references or background checks.
  
  We may combine and use information and make inferences from information that we receive from the various sources described in this Privacy Notice, including third party sources. We also use or disclose the combined information and inferences for the purposes identified below.
Types of Personal Data We Collect

We may collect the following types of Personal Data about you such as:
1. Identifiers, such as your name, email address, physical address, Department of Transportation numbers for those applying to be fleet drivers, telephone number, and other contact information.
2. Records About You, such as
  1. Signatures; and
  2. Your physical characteristics or a description of you;
3. Protected class and demographic information, such as your age (including birthdates), military or veteran status, and your gender.
4. Commercial information, such as salary and wage information and history.
5. Internet or other electronic network activity information, such as information relating to your access to and use of or interactions with McDermott facilities, applications, and platforms, and the content of communications and information processed within our digital communication platforms, to the extent permitted under applicable law.
6. Non-precise geolocation data, such as your location as derived from your IP address.
7. Audio, electronic, visual, or other sensory information, such as photographs or security camera footage in public areas of Harvest Sherwood facilities (including reception, warehouse locations, the work floor, conference rooms, parking, and other general areas) if you participate in on-site activities, such as a job fair, job interview or aptitude test, as well as photographs, audio, or footage collected in the course of video interviews or through an online applicant platform, or other recordings.
8. Professional or employment-related information, such as resume or curriculum vitae information, certifications, qualifications, membership in professional bodies, employment history, job preferences (including your willingness to relocate or travel), documentation required under immigration and employment laws (such as citizenship, visa data, details of residency, and work permit information), and such other information you provide. We may also collect and process information about you generated during or after interviews and related activities, such as tests or satisfaction surveys. This
  
  information may come directly from you or from our employees or contractors. In addition, we may collect information about criminal convictions and offenses, driving records, traffic infractions and citations for fleet drivers or related to Harvest Sherwood- provided vehicles, Department of Transportation information about your license, police reports, information collected as part of legal proceedings, and information from background checks including drug and alcohol clearinghouse records for driver qualification files, and information from background checks, drug-screening and employment eligibility checks.
9. Education Information, such as education history, professional qualifications, academic certificates and licenses, languages spoken, and other relevant skills.
10. Inferences drawn from any of the information we collect, such as likelihood of your profile being a good fit with our internal team and long-term prospects with Harvest Sherwood.
11. Sensitive Personal Data, including the following, where permissible or required under applicable laws and regulations:
  1. Social Security number, driver’s license, state identification card, or passport number.
  2. Account log-in information.
  3. Racial or ethnic origin, religious or philosophical beliefs, or union membership.
  4. Information about your health, such as disability status and information about such disability, drug-test results, vaccination status, and food intolerances (if, for instance, we invite you for a meal or we book a flight for your job interview).
  5. Information about your sexual orientation.
How We Use Personal Data

We may use Personal Data for the following purposes:
1. In connection with your application, such as assessing your application, interview, and test results for suitability for the position for which you have applied or other open positions; communicating with you concerning job openings or your application; conducting pre-employment verification and screening; offering you the job position, in our discretion; notifying you of job opportunities (including from affiliates in our group, where we have shared your job application with them); and dealing with any inquiry, challenge, or request for feedback received in relation to our recruitment and hiring decisions.
2. For our internal business purposes, such as managing and improving our recruitment process (for example, enhancing our scouting and talent identification processes); enforcing our policies and rules; and operating our diversity and inclusion initiatives.
3. For legal, safety or security reasons, such as complying with legal requirements, processes, or orders; complying with reporting and similar requirements; complying with government inspections and other requests from government or other public authorities; pursuing legal rights and remedies; investigating and responding to claims against Harvest Sherwood and its customers and employees; monitoring and managing equal opportunity programs; screening and conducting background checks (as required or permitted by law); protecting our, your, our customers’, and other individuals’ safety, property or rights; addressing security and health and safety issues (including managing spread of communicable diseases) and malicious, deceptive, fraudulent, or illegal activity; ascertaining your eligibility for work; and receiving legal advice or approval.
4. In connection with a corporate transaction, such as if we acquire, or some or all of our assets are acquired by, another entity, including through a sale in connection with bankruptcy and other forms of corporate change.
5. For promotional purposes, such as to notify you about new job openings in accordance with your preferences.
  
  We only use Sensitive Personal Data for the following purposes: (i) performing services or providing goods reasonably expected by an average consumer; (ii) detecting security incidents;
  
  (iii) resisting malicious, deceptive, or illegal actions; (iv) ensuring the physical safety of individuals; (v) for short-term, transient use, including non-personalized advertising; (vi) performing or providing internal business services; (vii) verifying or maintaining the quality or safety of a service or device; or (viii) for purposes that do not infer characteristics about you.
  
  We may use anonymized, de-identified, or aggregated information for any purpose.
How and to Whom We Disclose Personal Data

We may disclose Personal Data to third parties, including the categories of recipients described below:
1. Affiliates and subsidiaries, including parent entities, corporate affiliates, subsidiaries, business units, and other companies that share common ownership with us.
2. Service providers that work on our behalf to provide products and services, such as IT support providers, software service providers, background check vendors, and drug- screening providers.
3. Professional consultants, such as recruiters, accountants, lawyers, financial advisors, and audit firms.
4. Vendors necessary to complete transactions you request, such as shipping companies and logistics providers, travel service providers and recruitment firms.
5. Law enforcement, government agencies, and other recipients for legal, security, or safety purposes, such as when we share information to comply with law or legal
  
  requirements, to enforce or apply our policies, and to protect ours, our customers’, or third parties’ safety, property or rights.
6. To other entities in connection with a corporate transaction, such as if we, or some or all of our assets, are acquired by another entity, including through a sale in connection with bankruptcy or other forms of corporate change.
7. Entities to which you have consented to the disclosure, where consent is required by law.

Additional Disclosures

We do not “sell” or “share” the Personal Data of job applicants (as such terms are defined under California’s privacy laws). Below please find a chart detailing the categories of Personal Data and with whom it was disclosed for a business purpose in the past 12 months:

Categories of Personal Data We Collect	Categories of Third Parties With Whom We Disclose Personal Data for a Business Purpose
Identifiers (Section 2.A)
Personal information subject to the California Customer Records Act (Section 2.B)
Characteristics of protected classifications under California or federal law (Section 2.C)
Commercial information (Section 2.D)
Internet or other electronic network activity (Section 2.E)

Affiliates and subsidiaries
Service providers
Professional consultants
Vendors necessary to complete transactions you request
Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes
In connection with a corporate transaction
Entities to which you have consented to the disclosure

Affiliates and subsidiaries
Service providers
Professional consultants
Vendors necessary to complete transactions you request
Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes
In connection with a corporate transaction
Entities to which you have consented to the disclosure

Affiliates and subsidiaries
Service providers
Professional consultants
Vendors necessary to complete transactions you request
Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes
In connection with a corporate transaction
Entities to which you have consented to the disclosure

Affiliates and subsidiaries
Service providers
Professional consultants
Vendors necessary to complete transactions you request
Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes
In connection with a corporate transaction
Entities to which you have consented to the disclosure

Affiliates and subsidiaries
Service providers
Professional consultants
Vendors necessary to complete transactions you request


Geolocation data (Section 2.F)
Audio, electronic, visual, olfactory, or similar information (Section 2.G)
Professional or employment-related information (Section 2.H)
Education information (Section 2.I)
Inferences (Section 2.J)

Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes
In connection with a corporate transaction
Entities to which you have consented to the disclosure

Affiliates and subsidiaries
Service providers
Professional consultants
Vendors necessary to complete transactions you request
Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes
In connection with a corporate transaction
Entities to which you have consented to the disclosure

Affiliates and subsidiaries
Service providers
Professional consultants
Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes
In connection with a corporate transaction
Entities to which you have consented to the disclosure

Affiliates and subsidiaries
Service providers
Professional consultants
Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes
In connection with a corporate transaction
Entities to which you have consented to the disclosure

Affiliates and subsidiaries
Service providers
Professional consultants
Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes
In connection with a corporate transaction
Entities to which you have consented to the disclosure

Affiliates and subsidiaries
Service providers
Professional consultants
Vendors necessary to complete transactions you request
Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes
In connection with a corporate transaction

Sensitive personal information (Section 2.K)

Entities to which you have consented to the disclosure

Affiliates and subsidiaries
Service providers
Professional consultants
Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes
In connection with a corporate transaction
Entities to which you have consented to the disclosure

Rights Concerning Personal Data

California residents may have certain rights, subject to legal limitations, concerning the collection, use, and disclosure of Personal Data.
- Right to Know. You have the right to request information about the categories of Personal Data we have collected about you, the categories of sources from which we collected the Personal Data, the purposes for collecting, selling, or sharing the Personal Data, and to whom we have disclosed Personal Data and why. You may also request the specific pieces of Personal Data we have collected about you.
- Right to Delete. You have the right to request that we delete Personal Data that we have collected from you.
- Right to Correct. You have the right to request that we correct inaccurate Personal Data that we maintain about you.
California residents may exercise the Right to Know, the Right to Delete, and the Right to Correct by emailing us at legal@harvestsherwood.com or calling us at 800-653-2333. We will not discriminate against you for exercising your privacy rights.

Verification: In order to process requests, we will need to obtain information to locate you in our records or verify your identity depending on the nature of the request. In most cases, we will collect some or all of the following data elements: first and last name, email address, and telephone number. In some cases, we may request different or additional information, including a signed declaration that you are who you say you are, and will inform you if we need such information.

Authorized Agents: Authorized agents may exercise rights on behalf of California residents by submitting a request via email at legal@harvestsherwood.com or via phone at 800-653-2333 and indicating that they are submitting the request as an agent. We will require the agent to demonstrate authority to act on behalf of the resident by providing signed permission from the resident. We may also require the resident to verify their own identity directly with us or to directly confirm with us that they provided the authorized agent permission to submit the request.

Timing: We will respond to Right to Delete, Right to Correct, and Right to Know requests within 45 calendar days, unless we need more time, in which case we will notify you and may take up to 90 days total to respond to your request.
Data Security and Data Retention

We maintain reasonable security procedures and technical and organizational measures to protect your Personal Data against accidental or unlawful destruction, loss, disclosure or use.

Your Personal Data will be retained as long as necessary to fulfill the purposes we have outlined above, such as determining your eligibility and suitability for employment and, in our discretion, preparing an employment offer, unless we are required to do otherwise by applicable law. We may also retain your Personal Data to defend and/or protect our legal or business interests during the applicable statute of limitations period or as otherwise required or permitted by law or regulation. In addition, subject to applicable law, we may retain your Personal Data for a limited period after you have applied for a job for which you were not selected to allow you to reapply. If you would like to know more about the retention periods applicable to your particular circumstance, you can contact us using details provided in the Contact Information section below.
Contact Information

If you have questions regarding this Privacy Notice or how Harvest Sherwood uses your Personal Data, please contact us at legal@harvestsherwood.com or by phone at 800-653-2333 (toll free) or 313-659-7300.

Data collected automatically. We may automatically collect information or inferences about you.

From third parties. We may collect Personal Data from third parties, such as companies or individuals who direct or refer you to us (including third-party staffing or recruiting

Identifiers, such as your name, email address, physical address, Department of Transportation numbers for those applying to be fleet drivers, telephone number, and other contact information.

Records About You, such as

Protected class and demographic information, such as your age (including birthdates), military or veteran status, and your gender.

Commercial information, such as salary and wage information and history.

Non-precise geolocation data, such as your location as derived from your IP address.

Education Information, such as education history, professional qualifications, academic certificates and licenses, languages spoken, and other relevant skills.

Inferences drawn from any of the information we collect, such as likelihood of your profile being a good fit with our internal team and long-term prospects with Harvest Sherwood.

Sensitive Personal Data, including the following, where permissible or required under applicable laws and regulations:

For our internal business purposes, such as managing and improving our recruitment process (for example, enhancing our scouting and talent identification processes); enforcing our policies and rules; and operating our diversity and inclusion initiatives.

In connection with a corporate transaction, such as if we acquire, or some or all of our assets are acquired by, another entity, including through a sale in connection with bankruptcy and other forms of corporate change.

For promotional purposes, such as to notify you about new job openings in accordance with your preferences.

Affiliates and subsidiaries, including parent entities, corporate affiliates, subsidiaries, business units, and other companies that share common ownership with us.

Service providers that work on our behalf to provide products and services, such as IT support providers, software service providers, background check vendors, and drug- screening providers.

Professional consultants, such as recruiters, accountants, lawyers, financial advisors, and audit firms.

Vendors necessary to complete transactions you request, such as shipping companies and logistics providers, travel service providers and recruitment firms.

Law enforcement, government agencies, and other recipients for legal, security, or safety purposes, such as when we share information to comply with law or legal

To other entities in connection with a corporate transaction, such as if we, or some or all of our assets, are acquired by another entity, including through a sale in connection with bankruptcy or other forms of corporate change.

Entities to which you have consented to the disclosure, where consent is required by law.

Right to Delete. You have the right to request that we delete Personal Data that we have collected from you.

Right to Correct. You have the right to request that we correct inaccurate Personal Data that we maintain about you.