CA Applicant Privacy Policy

California Applicant Privacy Notice and Policy

This California Applicant Privacy Notice and Policy describes how TWC collects, uses and discloses personal information we gather about California residents who are applying for a job position, provide a reference, or otherwise participate in the recruitment process with us (collectively, “covered individuals”).

The term “personal information” is used to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. Personal information does not include publicly available information. For these purposes, “publicly available” means information that is lawfully made available from federal, state, or local government records, if any conditions are associated with such information. “Publicly available” does not include personal information about an individual that is deidentified or aggregated.

How We Collect Personal Information

We collect personal information about covered individuals from a variety of sources, including:

• When you provide it to us, through communications between you and TWC, our service providers, contractors, and vendors, such as when completing background checks or providing information to recruiters.
• When in our offices, cameras, access control systems and/or other monitoring systems may be in operation.
• Social media platforms when you interact with our social media pages and accounts.
• Public and government sources and records.

Categories of Personal Information We Collect and Why We Collect It

In the last 12 months, we have collected the following categories of personal information and sensitive personal information about covered individuals for the purposes as set out in the table below, depending on the context. We collect and use such information for the purpose of carrying out and supporting recruitment-related functions and activities, including the purposes described in the table below.

We do not use sensitive personal information to infer characteristics about covered individuals and use sensitive personal information for the uses outlined below.

Sensitive Personal Information

We process sensitive Personal Information, as identified above, for the purposes identified above. We do not process Personal Information for inferring characteristics about consumers.

How Long We Retain Personal Information

We retain your Personal Information for as long as necessary to fulfill the purposes for which they are collected, as described above. For instance, we retain personnel records for 4 years after creation and 4 years after an “employment action” (i.e., termination of an employee), whichever is longer. The retention period may be extended if we are required to preserve information in connection with litigation, investigations, or proceedings, or if a longer retention period is required or permitted by applicable law or conforms with industry best practice. This may be subject to your right, under certain circumstances, to have certain of your Personal Information deleted. In determining data retention periods, we consider local laws, regulatory requirements and guidance, as well as contractual obligations and your reasonable expectations and requirements.

How We Disclose Personal Information

We may disclose the categories of Personal Information identified in the above table to others for business, commercial, and legal purposes, depending on the context. In the past 12 months we may have disclosed the foregoing categories of Personal Information with the following parties:

• Service providers, contractors, vendors, and advisors, such as our background check administrator, or outside legal counsel.
• Governmental authorities, to comply with applicable laws and legal requirements or in response to court orders, subpoenas, government inquiries, other legal processes, to defend against claims and allegations, or to protect property, personnel, or members of the public.

We may also disclose personal information of personnel:

• When the disclosure is compelled by court order, judicial or administrative process or by a specific provision of law. Prior to release, the person requesting the information must present the appropriate court document or agency notice.

We disclose personal information for the following business and legal purposes:

• Recruiting and hiring.
• Compliance with regulatory, governmental, tax and law enforcement requests or requirements, including verifying your eligibility to work in the United States.
• Complying with equal opportunity monitoring and reporting.
• Ensuring a safe and healthy office environment for our employees and visitors.
• Addressing disciplinary matters and ensuring compliance with our internal policies and procedures.
• Prevention, detection, and investigation of breaches of policy and criminal activity.
• Establishing, exercising, responding to or defending legal claims, conducting investigations, examinations, and requests from third parties, regulatory, self-regulatory, administrative, law enforcement agencies and other oversight bodies.
• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.

TWC does not sell nor share for cross-contextual behavioral advertising purposes personal information of covered individuals. TWC does not knowingly sell nor share for cross-contextual behavioral advertising purposes personal information of individuals under the age of 16.

Your Rights

Covered individuals who are California residents have certain rights under the California Consumer Privacy Act (“CCPA”). The CCPA requires covered businesses to make disclosures to consumers regarding the collection and use of their Personal Information, and generally gives consumers the right to opt out of the sale and demand the deletion of such information. These rights include:

• Right to access: you may ask for the Personal Information we have collected about you, their sources, the business or commercial purposes for the collection, the categories of third parties with whom we have disclosed your Personal Information, if any.

• Right to deletion: you may request we delete your Personal Information we have collected about you. Please note that we may not be able to delete your data if we need it to comply with legal obligations or otherwise have reason to retain your information for a lawful purpose.

• Right to correction: you may request we correct inaccurate Personal Information that we maintain about you.

• Right to nondiscrimination: we will not discriminate against you should you choose to exercise any of your privacy rights under the CCPA.

TWC currently does not and has not sold or shared in the preceding calendar year or past 12 months Personal Information with third parties for direct marketing or cross-contextual behavioral advertising purposes. TWC does not knowingly sell or share for cross-contextual behavioral advertising purposes Personal information of Individuals under the age of 16.

Exercising your rights

You can exercise rights in relation to your Personal Information by:

• Telephone: 866.780.9189
• Email: [email protected]

Your request must:

• Provide sufficient information that allows us to reasonably verify that you are the person about whom we collected Personal Information or an authorized representative of such person.
• Describe your request with sufficient detail to allow us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with non-public Personal Information if we cannot verify your identity or authority to make the request and confirm that the requested Personal Information relates to you.  We will use the information provided in a request solely to verify your identity or authority to make the request.

Request by an authorized agent

You may appoint a representative to exercise the rights under the CCPA on your behalf, but we may require steps to verify the request is legitimate, such as a signed permission evidencing you have authorized the representative to make a request on your behalf.

Our process for responding to your requests

Once we receive your request and verify your identity, we will disclose such information to you or delete the same, unless a legal exception applies. For example, we may deny your deletion request if retaining the information is necessary for us or our service providers to take actions reasonably anticipated within the context of our ongoing employment relationship with you (including relating to security, fraud detection, or similar purposes), or otherwise perform our contract with you. Accordingly, there may be instances where your request cannot be fulfilled. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. 

Response Format: We will deliver our written response electronically or by mail, at your option. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

Timeline for Responding to Requests: We endeavor to respond to a verifiable consumer request within the time periods provided by CCPA and regulations thereunder. If we require more time, we will inform you or your authorized agent in writing of the reason and the extension period.

Last updated: October 10, 2023