Effective: May 1st , 2020 (Archived version: [Download pdf])

Overview

 

PDS Tech, Inc., headquartered in the United States, and a part of the Akka Group (“PDS Tech“, “we“, “us” and “our“), provides talent acquisition services throughout North America.  This Employee Privacy Notice explains what types of personal information (defined below) we may collect, use, share, and otherwise process about our employees. Where applicable, the terms “we,” “us” and “our” should be understood to include our customers who contract for your services.

What does this Privacy Notice cover?

This Privacy Notice applies to our privacy practices as they relate to our employees, whether those employees are full-time or part-time employees of PDS Tech, or our temporary employees. Our website at https://www.pdstech.com/ (“Website”) and https://pdsjobs.force.com/candidates/apex/job_search (“Portal”) (collectively, “the Sites”), which has a separate privacy notice and other terms and conditions that apply to their use.

While this Privacy Notice is intended to describe the broadest range of our information processing activities in connection with employment, those processing activities may be more limited in some jurisdictions based on the restrictions of their laws. For example, the laws of a particular state may limit the types of personal information we can collect or the manner in which we process that information. In those instances, we may adjust our internal policies and practices to reflect the requirements of local law. Accordingly, additional information about our privacy practices may be provided in contracts, terms and conditions, privacy statements, or notices provided prior to or at the time of data collection. In the event of a conflict between those terms and this Privacy Notice, those additional contract terms, supplemental terms and conditions, privacy statements, or notices shall govern and take precedence.

If you are unsure how or if this Privacy Notice applies to you, please contact privacy@pdstech.com.

Third Party Services

In some cases, you may provide personal information to third parties with whom PDS Tech works. This could be, for example, a third-party website where you can take advantage of services or benefits made available to our employees. The use of such third-party websites may be governed by separate terms of use and privacy notices which are not under our control and are not subject to this Privacy Notice. Please contact such third parties for questions regarding their privacy practices, as well as if you would like to have them delete your personal information.

What is Personal Information?

Personal information, also known as personally identifiable information or personal data, for purposes of this Privacy Notice means any information that (i) directly and clearly identifies an individual, or (ii) can be used in combination with other information to identify an individual.

Examples of personal information include:

  • An individual’s name;
  • Employee ID number;
  • Home address;
  • Home telephone number;
  • Personal email address;
  • Name of family members;
  • Date of birth.
  • A photograph or video of a person.

What is Sensitive Personal Information?

Sensitive personal information is a subset of personal information that may be more sensitive in nature for the individual concerned.

Examples of sensitive personal information include:

  • Race and ethnic information;
  • Sexual orientation;
  • Political/religious beliefs;
  • Social security or other taxpayer/government issued identification numbers;
  • Financial information;
  • Health or medical information;
  • Criminal records;
  • Trade union membership information.

What personal information do we collect and process?

We collect and maintain different types of personal information about you in accordance with applicable law. Some examples include:

  • Name, home address, telephone number(s), facsimile number(s), and email address;
  • Date of birth, marital status, employee identification number, and emergency contacts;
  • Equal Employment Opportunity Information, including veteran’s preferences, disability information, race, and gender;
  • Residency and work permit status, nationality and passport information;
  • Social security or other taxpayer/government identification number;
  • Payroll information, banking details;
  • Wage and benefit information;
  • Retirement account information;
  • Sick pay, Paid Time Off, retirement accounts, pensions, insurance and other benefits information (including the gender, age, nationality and passport information for any spouse, minor children or other eligible dependents and beneficiaries);
  • Information from interviews and phone-screenings you may have had, if any;
  • Your resume, cover letter, previous and/or relevant work experience or other experience, education, transcripts, or other information you provide to us in support of an application and/or the application and recruitment process;
  • Client-assigned ID, if applicable;
  • Beneficiary and emergency contact information;
  • Information relating to the application for, or in respect of changes to, employee health and welfare benefits; including, short and long-term disability, medical and dental care, etc.;
  • Salary history and expectations, performance evaluations, and disciplinary and grievance procedures (including monitoring compliance with and enforcing our policies);
  • Certain results of credit and criminal background checks, or drug and alcohol testing;
  • Certain information about security clearances, if applicable;
  • Information required for us to comply with laws, the requests and directions of law enforcement authorities or court orders (e.g., child support and debt payment information);
  • Acknowledgements regarding our policies, including employee handbooks, ethics and/or conflicts of interest policies and computer and other corporate resource usage policies;
  • Voicemails, e-mails, correspondence, documents, and other work product and communications created, stored or transmitted using our networks, applications, devices, computers or communications equipment;
  • Date of resignation or termination, reason for resignation or termination, information relating to administering termination of employment (e.g. references);
  • Letters of offer and acceptance of employment;
  • References and interview notes;
  • Information relating to any previous applications you may have made to PDS Tech and/or any previous employment history with PDS Tech.

How Do We Collect Personal Information?

Generally, we collect personal information that you directly provide to us. For example, when you enroll in direct deposit, benefits or services during the onboarding process. Sometimes, however, the personal information we collect has been inferred about you based on other information you provide us, through your interactions with us, or from third parties. When we collect your personal information from third parties it is either because you have given us express permission to do so, your permission was implied by your actions (e.g., your use of a third-party employee service made available to you by us), or because you provided explicit or implicit permission to the third party to provide the personal information to us.

Where permitted or required by applicable law or regulatory requirements, we (and/or our customers who contract for your services) may collect personal information about you without your knowledge or consent. For example, we reserve the right to monitor the use of our premises, equipment, devices, computers, network, applications, software, and similar assets and resources. PDS Tech customers who contract for your services may also conduct such monitoring, and we have no insight into or control over their processes. In the event such monitoring occurs, it may result in the collection of personal information about you. This monitoring may include the use of CCTV cameras in and around the premises, manual or automated email review and network scans, and other monitoring and security procedures.

How We Use the Personal Information We Collect

Personal information provided to us may be used as follows, at our option:

  • To manage all aspects of an employee’s employment relationship with us, including, but not limited to the establishment, maintenance, and termination of employment relationships. Examples of activities related to this include determining eligibility for initial employment and/or assignment to a PDS Tech customer, including the verification of references and qualifications; pay and benefit administration; development and training; employee communications; performance evaluation; disciplinary actions; grievance and internal investigation activities; absence monitoring; project management; career management, including the assessment of qualifications for a particular job or task; providing employee related services; and other general operations, administrative, financial, and human resources related purposes; auditing, compliance, and risk management activities; processing employee work-related claims (e.g., worker compensation, insurance claims); maintaining directories of employees; maintaining emergency contact and beneficiary details; and obtaining and maintaining insurance;
  • To assist you with obtaining an immigration visa or work permit where required;
  • For use in video conferencing;
  • To protect the safety and security of our workforce, guests, property, and assets (including controlling and facilitating access to and monitoring activity on and in our premises and activity using our computers, devices, networks, communications and other assets and resources);
  • To investigate and respond to claims against us;
  • To comply with applicable laws (e.g. health and safety, employment laws, office of foreign asset controls regulations, tax laws), including judicial or administrative orders regarding individual employees (e.g., garnishments, child support payments);
  • To carry out any additional purposes of which we advise you (if applicable law requires your express consent for such additional use or disclosure we will obtain it from you); and
  • To carry out other purposes as part of our business activities when reasonably required by us.

How We Share Personal Information

Your personal information may be shared, including to our affiliates, and other third parties, as follows:

  • Where you request us or provide your consent to us;
  • In order to carry out the uses of personal information described above (see, How We Use Your Information);
  • To PDS Tech customers, when submitting you for consideration for assignment or pursuant to customer requests in connection with you assignment;
  • When using or collaborating with third parties in the operation of our business, including in connection with providing the Sites to you or providing services to us related to the Sites. Such third-parties include information technology service providers, like the providers of our databases. When we share personal information with third parties we require that they only use or disclose such personal information only as necessary to provide the requested services to us and in a manner consistent with the use and disclosure provisions of this Privacy Notice and applicable law;
  • We may buy or sell businesses and other assets. In such transactions, personal information is generally one of the transferred business assets and we reserve the right to include your personal information as an asset in any such transfer. Also, in the event that we, or substantially all of our assets, are acquired, your personal information may be one of the transferred assets;
  • To affiliates, when affiliates request assistance from us in identifying candidates for the staffing of affiliate projects;
  • To seek advice from our lawyers and other professional advisers (e.g. bankers, lawyers, accountants) and potential buyers and vendors in connection with the disposal or acquisition by use of a business or assets;
  • Where required by law, by order or requirement of a court, administrative agency, or government tribunal, which includes in response to a lawful request by public authorities, including to meet national security or law enforcement requirements or in response to legal process;
  • If we determine it is necessary or desirable to comply with the law or to protect or defend our rights or property, or the rights, privacy, safety, or property of an individual or group.;
  • To detect, prevent or otherwise address fraud, security or technical issues, or to protect against harm to the rights, property or safety of PDS Tech, our Sites’ users or the public or as otherwise required by law; and
  • Where the personal information is public.

Retaining Personal Information

Except as otherwise permitted or required by applicable law or regulatory requirements, we will retain your personal information only for as long as we believe it is necessary to fulfill the purposes for which the personal information was collected (including, for the purpose of meeting any legal, accounting or other reporting requirements or obligations). To the extent permitted or required by law, PDS Tech may delete data at any time; accordingly, you should retain your own copy of any information you submit to us.

Security and Confidentiality

No security controls are 100% effective and we cannot ensure or warrant the security of your personal information. That said, PDS Tech has technological and operational security functions in place to help protect personal information from loss, misuse, alteration, or destruction.

Your Privacy Rights

Depending on where you reside, you may have the right to exercise rights available to you under applicable laws with regards to the personal information we collect in connection with your employment. For example, some jurisdictions, such as California and Massachusetts, provide individuals with certain rights regarding their personal information.

To exercise your rights, including to make a request to access, delete, update or correct your personal information, or to ask for portability of your personal information, or to object to the processing on grounds relating to your specific situation, please contact us as detailed below.

We will consider your request in accordance with applicable laws, and with our legal obligations. To protect your privacy and security, we may take steps to verify your identity before complying with the request.

Note that requests to access, delete, or correct your personal information may not result in deletion of any information submitted by you to a third-party provider (e.g., J.P. Morgan, Equifax, Cigna). If you require the third-party to delete any of your personal information, you must contact the third party directly to request such deletion.

Changes to this Privacy Notice

This Privacy Notice is reviewed periodically to ensure it accurately captures all types of data collected or any additional or different processing of such data. We may, therefore, change this Privacy Notice at any time in our sole discretion. The effective date of each version of this Privacy Notice is identified above.

Contacting us

If you have any questions or concerns If you have questions, concerns or complaints regarding the handling of your personal information please contact us at privacy@pdstech.com.