Updated: 3/6/24

Notice of Data Privacy for Employees and Applicants

Introduction

We respect your right to privacy and are committed to handling your personal information responsibly and to maintaining the confidentiality and security of your personal information. This privacy notice outlines the categories of personal information that we may collect from or about you for employment-related reasons. This notice also explains our purposes for using that information and describes to whom we may disclose it. In this notice, “we” or “us” means Big Creek Lumber Company its predecessors, successors, assigns, divisions, affiliates, parents, and related entities.

Please see a link to our privacy policy at https://bigcreeklumber.com/privacy/

To Whom This Notice Applies

This notice applies to any individual residing in the State of California who applies for employment with us or who is currently or formerly employed by us or who works directly for us as an independent contractor. This notice is required by the California Consumer Privacy Act (CCPA) and (effective January 1, 2023), the California Privacy Rights Act of 2020 (CPRA).

Categories of Personal Information and Purposes for Which They are Used

We collect and maintain the 12 categories of personal information outlined below. For each category, we provide some examples as well as an explanation of our employment-related purposes for using the information. In addition to the reasons explained below, we may also use any of the categories of information listed below to comply with our legal obligations; to exercise our legal rights, such as responding to a complaint, governmental audit, or lawsuit; to seek professional advice; to engage in transactions requiring review of employment records, such as evaluating potential mergers and acquisitions or obtaining quotes for insurance; and to take measures and gather information to ensure the safety of our employees, clients, contractors, volunteers, and interns. Additionally, we use many of the categories of personal information listed below, where permitted by law, to make employment decisions concerning recruitment, pay, discipline, promotions, demotions, or separations from employment.

Category #1: Identifiers

(See Cal Civil Code 1798.140(v)(1)(A))

These include items such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. Some examples of “other similar identifiers” that we typically collect include a telephone number, signature, photo, and documentation of identity and employment authorization. We collect this information for employment-related purposes such as to communicate with you as an applicant or employee, to establish your identity and your authorization to work in the U.S., to process payroll and tax forms, to enroll you and your dependents in employee benefit plans, and to contact you in case of emergencies or scheduling changes.

Selling or sharing of identifiers:

We do not sell or “share” this information as defined by the CCPA/CPRA. Please understand that under the CCPA/CPRA, “share” has a very limited meaning, which only covers sharing information with a third party for “cross-context behavioral advertising.” We may disclose personal information to third parties, but only for the purposes described in this notice, never for advertising purposes.

Retention schedule for identifiers:

We will retain this information for the period of time required by law or for the duration of the statute of limitations, whichever is longer, plus one year.

Category #2: Personal information described in subdivision (e) of Section 1798.80

(See Cal Civil Code 1798.140(v)(1)(B))

California Civil Code Section 1798.80 defines “personal information” as “any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. ‘Personal information’ does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.”

Most of these items are addressed in other sections of this Notice. For the few items that are not addressed elsewhere, here is what we collect and how we use it:

Physical characteristics or description: Information about physical characteristics is generally not relevant in the workplace, except to the extent that it relates to physical ability to do the job. Such information may be documented in post-offer medical exams, fitness-for-duty exams, or medical assessments obtained in the process of exploring reasonable accommodations of an individual’s disability. Your physical description is also generally not relevant in the workplace, except to the extent that it is contained in documents that you provide to prove your identity and eligibility to work in the United States, or to the extent that it is used by a witness in describing an incident that we need to investigate (such as a complaint of harassment).

Financial information: This includes information such as bank account details, pay card details, tax information, payroll deductions, wages, retirement account information, corporate credit card number and usage activity, company allowances, and similar information. We use this information to administer payroll, comply with wage withholding orders, manage our business expenses, administer benefit plans in which you are enrolled, participate in wage and benefits surveys, and comply with tax and benefit obligations.

Medical information: This includes medical exams, medical screening (including temperature checks and screening questionnaires concerning infection symptoms and exposure), vaccination status, injury reports, medical certifications, applications for disability benefits, requests for accommodation of a disability, doctors’ notes, leave of absence requests, medical and exposure records, health insurance information, reasonable suspicion observations and documentation for purposes of drug and alcohol testing, drug and alcohol test results, and similar information. This information is collected for employment-related purposes such as to administer the following: workers’ compensation claims; leave required under federal, state, or local law for your own medical condition or that of a covered family member; reasonable accommodation requests under the Americans with Disabilities Act (ADA) or the California Fair Employment and Housing Act (FEHA); fitness-for-duty exams; post-offer medical exams of applicants; employee benefit plans; drug and alcohol testing policies; short-term and long-term disability plans; and obligations under applicable federal, state, or local government guidance or mandate concerning workplace safety standards or standards for the prevention of injury and illness, including the prevention of infection from communicable diseases. We may also use the information to obtain commercial insurance, such as general liability insurance, workers’ compensation insurance, or disability insurance. We may also use this information to comply with requests from third parties (such as clients, vendors, and co-employers) who have a business need to know the information.

Insurance policy number and health insurance information: Our employees may be eligible to participate in employee benefit plans (such as health insurance, 401(k) retirement plans, short-term or long-term disability insurance, etc.) sponsored by us. Information related to these employee benefit plans may include items such as your marital status; the names, ages, and addresses of your dependents or beneficiaries; the amount of money a plan paid on behalf of you or your dependents or beneficiaries; insurance policy number and details; your selections of available benefit plans; payroll deductions to pay insurance premiums; contributions from you or us to your 401(k) account; the investment funds and balances in your 401(k) account; applications for benefit plan enrollment; claim forms and evidence of eligibility; and health or exercise data. We collect this information in order to obtain insurance and ensure the proper functioning of the benefit plans, which may include the need to determine eligibility for benefits, enroll you and your dependents or beneficiaries in the plans; administer claims under the plans; evaluate plan design options; participate in wage and benefits surveys; and administer wellness plans.

Selling or sharing of personal information described in subdivision (e) of Section 1798.80:

Retention schedule for personal information described in subdivision (e) of Section 1798.80:

We will retain this information for the period of time required by law or for the duration of the statute of limitations, whichever is longer, plus one year.

Category #3: Characteristics of protected classifications under California or federal law

(See Cal Civil Code 1798.140(v)(1)(C))

These include characteristics such as your age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, sex (including gender, gender identity, and gender expression), military service, protected veteran status, disability status, and other protected statuses. If we collect this information, it is for employment-related purposes such as to verify that you meet any minimum age requirements for a position; to comply with governmental tracking and reporting requirements such as filing an annual EEO-1 Report or a California pay data report or complying with affirmative action program requirements for federal contractors; to comply with federal government restrictions on the release of sensitive defense technology to certain foreign nationals; to analyze our employment decisions to ensure nondiscrimination; to conduct pay equity or equal pay analyses; to administer leaves of absence due to military service; to comply with our obligations to reasonably accommodate individuals with disabilities; to comply with our obligations to reasonably accommodate sincerely held religious beliefs; and to take any other actions necessary to comply with the company’s equal employment opportunity policies and legal obligations.

Selling or sharing of characteristics of protected classifications:

Retention schedule for characteristics of protected classifications:

We will retain this information for the period of time required by law or for the duration of the statute of limitations, whichever is longer, plus one year.

Category #4: Commercial information

(See Cal Civil Code 1798.140(v)(1)(D))

Commercial information includes “records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.” The only time we would collect such information is if you purchase something directly from us. In that case, we will retain a record of the purchase as part of our normal business records.

Selling or sharing of commercial information:

Retention schedule for commercial information:

We will retain this information for the period of time required by law or for the duration of the statute of limitations, whichever is longer, plus one year.

Category #5: Biometric information

(See Cal Civil Code 1798.140(v)(1)(E))

This includes fingerprint images collected (with consent); data collected by biometric time clocks or other workplace access devices; faceprints; voiceprints, iris or retina scans; or other physical patterns. We use this information to verify your identity so you may obtain a position with us, access secure areas of our facilities, or access secure electronic databases or other electronic systems. We may also use this information to verify the times and locations at which you enter our facilities, access our systems, or clock in and out of work, because we need it to administer payroll, verify compliance with security protocols, and monitor compliance with our attendance policies.

Selling or sharing of biometric information:

Retention schedule for biometric information:

We will retain this information for the period of time required by law or for the duration of the statute of limitations, whichever is longer, plus one year.

Category #6: Internet or other electronic network activity information

(See Cal Civil Code 1798.140(v)(1)(F))

This includes electronic communications sent, received, stored, or accessed on our network, company-supplied devices, company-supplied systems, company databases, or company accounts, any of which we may own, lease, subscribe to, or sponsor. We may review your activities or history on any of these platforms. Examples include browser history, search history, information regarding your interaction with an internet website application or advertisement, sites visited, duration of visits, login information (such as user ID, password, and Internet Protocol address) for work-related online accounts, building and information system access, unique personal identifiers, online identifiers, and similar information. We use this information to ensure compliance with applicable laws and with the company’s internal policies as well as to monitor the quality of all communications conducted on our time or while using our property, equipment, or accounts.

Selling or sharing of internet or other electronic network activity information:

Retention schedule for internet or other electronic network activity information:

We will retain this information for the period of time required by law or for the duration of the statute of limitations, whichever is longer, plus one year.

Category #7: Geolocation data

(See Cal Civil Code 1798.140(v)(1)(G))

This includes information collected by any tracking apps or devices to track your location or movement. We may use this information to verify that you are following prescribed travel routes; that you are complying with speed limits; that you are driving safely and operating your vehicle properly; that you are complying with legal requirements concerning meal and rest periods and payments for hours worked; and that you are working in areas where your presence is authorized.

Selling or sharing of geolocation data:

Retention schedule for geolocation data:

We will retain this information for the period of time required by law or for the duration of the statute of limitations, whichever is longer, plus one year.

Category #8: Audio, electronic, visual, thermal, olfactory, or similar information

(See Cal Civil Code 1798.140(v)(1)(H))

This includes audio recordings, video recordings, thermal images, and photographs of you. We use this information to conduct job interviews and allow others who were not present to review the interviews; for customer service quality control; for internal and external training; for security badges; to verify your location at work; for professional bios of our employees which are shared with the public; and for marketing purposes. Situations in which we anticipate observing or recording personal olfactory information include detecting an odor indicating the use of alcohol or drugs, determining that appropriate hygiene is not being maintained, or addressing sensitivity to fragrances in the workplace.

Selling or sharing of audio, electronic, visual, thermal, olfactory, or similar information:

Retention schedule for audio, electronic, visual, thermal, olfactory, or similar information:

We will retain this information for the period of time required by law or for the duration of the statute of limitations, whichever is longer, plus one year.

Category #9: Professional or employment-related information

(See Cal Civil Code 1798.140(v)(1)(I))

This includes information such as your resume and cover letter, employment application, employment history, dates of employment, promotions and demotions, wages and other compensation, employment contracts and agreements, offer letter, performance history and disciplinary records, workplace complaints and investigations, leaves of absence, sick time, vacation/holiday records, attendance, hours worked, letters of recommendation, and similar information. We use this information to make employment decisions such as hiring, promoting, demoting, transferring, training, disciplining, terminating employment, setting pay, and paying wages (to the extent allowed by law). We also use this information to evaluate compliance with company policies and to comply with our legal obligations. We may also use this information to respond to inquiries from prospective employers about former employees, to the extent permitted by law.

Selling or sharing of professional or employment-related information:

Retention schedule for professional or employment-related information:

We will retain this information for the period of time required by law or for the duration of the statute of limitations, whichever is longer, plus one year.

Category #10: Education information

(See Cal Civil Code 1798.140(v)(1)(J))

This includes courses, trainings, and seminars you attended; transcript information; educational degrees; grade point average (GPA); professional licenses and certifications; membership in professional organizations; test scores and other test results; and similar information. We use this information to determine whether you meet relevant educational criteria for a position with us; whether you are meeting continuing education requirements (if applicable); whether your test scores or other test results relevant to a skill or position were satisfactory; whether to retain your position in the event of a downsizing; whether you are eligible for promotions or transfers; and whether you are qualified to operate certain machinery or to perform certain work-related tasks.

Selling or sharing of education information:

Retention schedule for education information:

We will retain this information for the period of time required by law or for the duration of the statute of limitations, whichever is longer, plus one year.

Category #11: Inferences drawn from personal information

(See Cal Civil Code 1798.140(v)(1)(K))

This includes inferences drawn from any of the personal information described in this Notice to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. We may use information about your preferences, characteristics, psychological trends, or predispositions to improve workplace communications (for example, so coworkers with different communication styles can learn to work efficiently together). To the extent permitted by law, we may make employment decisions based on your behavior, attitudes, intelligence, abilities, and aptitudes.

Selling or sharing of inferences drawn from personal information:

Retention schedule for inferences drawn from personal information:

We will retain this information for the period of time required by law or for the duration of the statute of limitations, whichever is longer, plus one year.

Category #12: Sensitive personal information

(See Cal Civil Code 1798.140(v)(1)(L))

Some of the information we collect, including some of the data already described above, is considered to be “sensitive personal information.” As an employer, the sensitive personal information that we may collect includes personal information that reveals any of the following:

Social security number, driver’s license number, state identification card number, or passport number. We may use this information to verify your eligibility for employment or your identity. If driving is one of your job duties, we may use your driver’s license number to verify your eligibility to drive and your insurability.
Account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account. We may use this information to facilitate direct deposit of your paycheck, employee expense reimbursements, flexible spending arrangement reimbursements, or similar benefits payments. To the extent that any such information is used to access accounts, subscriptions, systems, software, hardware, equipment, applications, programs, mobile devices, etc. that are owned, sponsored, or paid for by us, or otherwise used in your work for us, we use this information to run our business, verify time and location of work performed, maintain data security, provide information technology support, and perform other functions necessary to run our business.
Precise geolocation. We may use this information to verify that you are following prescribed travel routes; that you are complying with speed limits; that you are driving safely and operating your vehicle properly; that you are complying with legal requirements concerning meal and rest periods and payments for hours worked; and that you are working in areas where your presence is authorized.
Racial or ethnic origin, religious or philosophical beliefs, or union membership. If we gather data on your race or ethnic origin, we use it to comply with governmental tracking and reporting requirements such as filing an annual EEO-1 Report or complying with affirmative action program requirements for federal contractors; to analyze our employment decisions to ensure nondiscrimination; to conduct pay equity or equal pay analyses; and to take any other actions necessary to comply with our equal employment opportunity policies and legal obligations. We do not gather information on the religious or philosophical beliefs of our applicants, employees, or independent contractors, but sometimes an individual may disclose a religious belief in order to seek reasonable accommodation of that belief. In such cases, we may document the nature of the religious belief as part of the reasonable accommodation process. To the extent that any of our employees are represented by a union, we maintain a record of their union membership as part of the ordinary administration of their rights under a collective bargaining agreement, union-sponsored benefit plan, agreement to pay union dues, right to request a Weingarten representative during an investigatory interview that may reasonably lead to discipline, or other activities authorized or required by the National Labor Relations Act or other legal authority.
The contents of your mail, email, and text messages unless our organization is the intended recipient of the communication. If you send, receive, access, or store mail, email, or text messages while using addresses, accounts, subscriptions, systems, software, hardware, equipment, applications, programs, mobile devices, etc. that are owned, sponsored, or paid for by us, or otherwise used in your work for us, we may use that information to verify whether customer service standards are being met, whether our policies are being complied with (such as our policies against discrimination and harassment), to ensure work is being performed properly and efficiently, to ensure legal compliance, to verify the effectiveness of our security procedures, to implement information technology security and operational needs, and for other business-related purposes.
Genetic data. We strive to avoid collecting genetic data, but may occasionally learn such information, such as if you disclose a family member’s medical history in asking for time off to care for that individual. We will not use this information except to the extent necessary to verify your need for leave or provide accommodations related to a medical condition.
Processing biometric information for the purpose of uniquely identifying you. As explained above, this includes fingerprint images collected (with consent); data collected by biometric time clocks or other workplace access devices; faceprints; voiceprints, iris or retina scans; or other physical patterns. We use this information to verify your identity so you may obtain a position with us, access secure areas of our facilities, or access secure electronic databases or other electronic systems. We may also use this information to verify the times and locations at which you enter our facilities, access our systems, or clock in and out of work, because we need it to administer payroll, verify compliance with security protocols, and monitor compliance with our attendance policies.
Personal information collected and analyzed concerning your health. We collect this information to verify your ability to work. For example, if you are applying for a job with us, we may ask you to take a post-offer medical exam as part of a conditional job offer. If you are already employed with us, we may ask you to provide medical certification of the need for medical leave and to provide a fitness-for-duty note in order to return from medical leave. We may also ask for a fitness-for-duty exam if a question arises as to your ability to perform your job or if we need more information in order to evaluate your need for reasonable accommodation of a disability.
Personal information collected and analyzed concerning an individual’s sex life or sexual orientation. We do not seek or actively gather such information, but occasionally we may learn of it if we receive a complaint of discrimination or harassment. The process of investigating and resolving the complaint will inevitably include some analysis.

Please be aware that if any of the information described in this Notice is publicly available, as defined in the CCPA/CPRA, it is not considered sensitive personal information or personal information.

Selling or sharing of sensitive personal information:

Retention schedule for sensitive personal information:

We will retain this information for the period of time required by law or for the duration of the statute of limitations, whichever is longer, plus one year.

To Whom We May Disclose Your Personal Information

We will only disclose your personal data to those who have a legitimate need for it. This includes our employees, contractors, consultants, and other parties who have a business need for this information in order to help us establish, manage, or terminate our employment relationship with you; to comply with our legal obligations under local, state, and federal law; to comply with our contractual obligations; or to provide you with various benefits. Those parties include:

Insurance companies that offer employee benefit plans for which our employees are or may be eligible. They may use the information collected to establish coverage, enroll participants, administer claims, and provide quotes for benefit plans.
Third-party administrators of our employee benefit plans. They may use the information collected to establish coverage, enroll participants, and administer claims.
Associations, consultants, academic institutions, or government agencies that request data on employee wages or benefits in order to compile or report data for surveys. The data in any such survey results is sufficiently aggregated that there is no way to identify any particular individual’s data.
Federal, state, and local government agencies. We provide information to them to comply with legal requirements and to exercise our rights as an employer. These government agencies use the information we provide them to enforce the laws of their respective jurisdictions, assess taxes, allocate mandatory tax payments, collect Census data, investigate workplace complaints, verify equal employment opportunity compliance, administer benefit payments, establish and enforce wage withholding orders for child support, enforce safety standards, and take similar actions.
Third-party payroll providers. They use the information we provide to administer our payroll, including activities such as paying wages, adjusting paid leave banks as you use paid leave, reimbursing you for business expenses, reimbursing you from benefit plans, complying with your directions for payment of your wages, issuing pay stubs, and maintaining payroll records and reports in accordance with legal requirements.
Financial institutions. They use the information we provide to receive direct deposits of payments from us to you, based on your payment directions. They may also use the information we provide to set up an employee or corporate account, or to give you access to certain corporate accounts or assets.
Co-employers (other companies who have a shared employment responsibility), such as a temporary employment agency. Their reasons for using the information we provide are the same as those described above for our own uses.
Successors (companies that may take over our place in the employment relationship), such as a company that purchases us. Their reasons for using the information we provide are the same as those described above for our own uses.
Clients or vendors that require us to disclose this information in order for us to do business with them or in order to allow you to enter their premises, access their confidential information, or come in contact with their employees or customers. Their reasons for requiring this information include ensuring physical safety, informational security, and personal health, as well as complying with governmental requirements.
Parties who have or who acquire the right to such information (such as parties who subpoena the information or are otherwise legally entitled to receive it, or parties with whom you request us to share the information).

Personal Information Does Not Include:

Publicly available information from government records.
De-identified or aggregated consumer information.
Information excluded from the scope of the CCPA, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Disability Accommodation

If you are an individual with a disability who needs to access this notice in an alternative format, please contact Human Resources at (831) 466-2420 or hr@big-creek.com.

Rights of California Consumers

California consumers have the following rights with respect to the categories of data described in this disclosure:

Right to know what personal information is being collected, and the right to access personal information;
Right to delete personal information;
Right to correct inaccurate personal information;
Right to know what personal information is sold or shared and to/with whom;
Right to opt out of sale or sharing of personal information;
Right to limit use and disclosure of sensitive personal information; and
Right of no retaliation following opt out or exercise of other rights.

In order to exercise these rights, please contact Human Resources at (831) 466-2420 or hr@big-creek.com. However, please understand that there are exceptions to some of the general consumer rights described above, due to the unique nature of our role as an employer. For example, we are not required to delete personal information that we have a legal duty to retain or that we need in order to exercise our legal rights.

Questions and Comments

If you have any other questions or comments about this notice and how it applies to your personal information, please contact Human Resources at (831) 466-2420 or hr@big-creek.com.