Cloud Motion Technology LLC (“CMT” or “StaffingNation”), and its affiliate WMBE Payrolling Inc. dba TCWGlobal (“TCWGlobal”) (jointly “we,” “us” or “our”) adopt this Privacy Notice to California Employees and Job Applicants Regarding the Collection of Personal Information (the “Privacy Notice”) to comply with the California Consumer Privacy Act (“CCPA”) and California Privacy Rights Act (“CPRA”). Any terms defined in the CCPA and CPRA have the same meaning when used in this Privacy Notice. Employees and job applicants with disabilities may access this notice in an alternative format by calling the following toll-free phone number: 888-388-8873 or emailing hello@tcwglobal.com.
We respect your privacy and takes your privacy seriously. We are committed to handling personal information responsibly and in compliance with applicable laws. As a Global Payrolling Provider and Employer of Record Service, in the course of our business, TCWGlobal will ask job applicants, prospective employees, and employees to provide personal information necessary relating to your employment or prospective employment. That information is obtained through StaffingNation, a TCWGlobal affiliate (Cloud Motion Technology LLC) owned proprietary Contingent Workforce Platform, which includes an onboarding and VMS and Talent Pool system and through Webcenter which is an integrated third-party software. This Privacy Notice describes how StaffingNation collects and uses your personal information, the categories of personal information it collects, and instances where we may disclose your personal information to third parties. We will only collect and process your personal information in accordance with this Privacy Notice and our Privacy Policies which can be located at www.tcwglobal.com/privacy, unless otherwise required by applicable law.
If you are not an employee or job applicant, please review StaffingNation’s Privacy Notice for California Residents.
Categories of Personal Information StaffingNation Collects and How We Use It
StaffingNation collects and processes information from you for human resources, employment, and benefit administration purposes, and where necessary to comply with any local, state, and federal legal obligations. StaffingNation obtains the categories of personal information listed below directly from you and the information you provide during your job application process with our clients or with our recruiters, your employee onboarding process, and during the selection of your benefits as an employee. In some cases, we may obtain a background check and/or consumer report from a consumer reporting agency once an offer of employment is made.
StaffingNation will not collect additional categories of personal information or use the personal information collected for materially different, unrelated, or incompatible purposes without first providing you with additional and/or updated notice.
We may collect the personal information and sensitive information categories listed in the tables below. The tables also list for each category our expected retention period, use purposes, and whether we sell the information or share it with third parties for cross-context behavioral advertising. For more information on our data retention periods please visit www.tcwglobal.com/privacy.
| Personal Information Category | Expected Retention Period | Business Purpose | Sold or Shared |
|---|---|---|---|
| Identifiers: first and last name, your address, your email address, telephone number, gender, date of birth, social security number, driver license number, passport number, and/or other government identification numbers, immigration and work authorization status, signature, and username and/or account name | 7 years for employees | We collect this information to make an employment and/or job-related decision that involves you, to fulfill or meet the reason you provided the information as a job applicant or employee, to provide you with employment, to manage your employment relationship with us and for general employee administration and processing (including employee payroll and benefits administration), and to create, maintain, and secure your employee records and personnel file. | Not Sold. May be shared with our service providers to the extent necessary for the provision of services on our behalf or with our Clients that the engagement is with. |
| California Customer Records personal information: first and last name, your address, your email address, telephone number, date of birth, social security number, driver license number, passport number, and/or other government identification numbers, immigration and work authorization status, signature, and username and/or account name. Financial information such as banking information for direct deposit, debit card number, credit card number, tax selections, pay rate, and payroll deduction information. Benefit selection and related information such as your benefit selection, social security number or other government identification number, date of birth, health insurance information, policy number, and selections. | 7 years for employees | We collect this information to make an employment and/or job-related decision that involves you, to fulfill or meet the reason you provided the information as a job applicant or employee, to provide you with employment, to manage your employment relationship with us and for general employee administration and processing (including employee payroll and benefits administration), and to create, maintain, and secure your employee records and personnel file. Financial information, such as banking information, may be used for issuing payroll, processing work-related claims (for example, insurance or payment claims), and all related accounting and auditing. We also collects this information to administer benefit related claims and for employment related HR processes. | Not Sold. May be shared with our service providers to the extent necessary for the provision of services on our behalf or with our Clients that the engagement is with. |
| Protected classification characteristics under California or federal law: age, race, color, national origin, citizenship, marital status, physical or mental disability, sex (including gender, gender identity, gender expression), and veteran or military status | 7 years for employees | We collect protected classification (ex. diversity information such as age, race, color, national origin, citizenship, marital status, physical or mental disability, sex (including gender, gender identity, gender expression), and veteran or military status) comply with local, state, and federal laws and regulations, comply with reporting requirements if TCWGlobal is serving as your employer, and for diversity initiatives. | Not Sold. May be shared with our service providers to the extent necessary for the provision of services on our behalf or with our Clients that the engagement is with. |
| Commercial information: Products and services related to equipment purchases, food, lodging, and transportation. | 7 years for employees | We may collect this information to provide reimbursement of expenses related to employment. | Not Sold. May be shared with our service providers to the extent necessary for the provision of services on our behalf or with our Clients that the engagement is with. |
| Biometric information | Not Collected | Not Collected | Not Collected |
| Internet or other similar network activity: Browsing history, search history, information on a consumer’s interaction with a website, program, or advertisements. | 7 years for employees | We collect interaction data with the website and software in order to properly track usage, stage in onboarding status, and document acknowledgements or consents. | No |
| Geolocation data | 7 years for employees | We collect location information such as IP address to validate electronic signatures within websites and applications. | Not Sold. May be shared with our service providers to the extent necessary for the provision of services on our behalf or with our Clients that the engagement is with. |
| Sensory data | Not Collected | Not Collected | Not Collected |
| Professional or employment-related information: current or past employment history, employee status and title, job evaluations, employment status, job assignments, hours worked, training and development information, performance evaluation information, disciplinary and counseling information, background check information, drug test results, driving records, and termination information. | 7 years for information provided by employees or added to talent profile. TCWGlobal has access to prescreening results for 13 months. Our prescreening vendor retains for 6 years to comply with FCRA | We may collect this information to make an employment and/or job related decision that involves you, to fulfill or meet the reason you provided the information as a job applicant or employee, to provide you with employment, to assess qualifications for a particular job or task, for education, training, and development requirements, and to gather evidence for disciplinary action or termination, for other human resource administration purposes, and to administer and process employee benefits. | Not Sold. May be shared with our service providers to the extent necessary for the provision of services on our behalf or with our Clients that the engagement is with. |
| Non-public education information: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records | TCWGlobal has access to prescreening results for 13 months. Our prescreening vendor retains for 6 years to comply with FCRA | We may collect this information to evaluate and make an employment and/or job-related decision that involves you, to provide you with employment, to assess qualifications for an engagement. | Not Sold. May be shared with our service providers to the extent necessary for the provision of services on our behalf or with our Clients that the engagement is with. |
| Inferences drawn from other personal information | 7 years for employees or until candidate opts out or deletes data within profile. | We may collect a person’s preferences, characteristics, abilities, or other information through the individual’s talent profile within StaffingNation. | Not Sold. May be shared with our service providers to the extent necessary for the provision of services on our behalf or with our Clients that the engagement is with. |
| Other Personal Information: Profile reflecting a person’s preferences, characteristics, predispositions, attitudes, and abilities. | 7 years for employees |
|
Not Sold. May be shared with our service providers to the extent necessary for the provision of services on our behalf or with our Clients that the engagement is with. |
Sensitive personal information is a subtype of personal information consisting of specific information categories. We may collect or use information that falls within the sensitive personal information categories listed in the table below.
| Sensitive Personal Information Category | Expected Retention Period | Business Purpose | Sold or Shared |
|---|---|---|---|
| Government identifiers (social security, driver’s license, state identification card, or passport number) | 7 years for employees | We collect this information to make an employment and/or job-related decision that involves you, to fulfill or meet the reason you provided the information as a job applicant or employee, to provide you with employment, to manage your employment relationship with us and for general employee administration and processing (including employee payroll and benefits administration), and to create, maintain, and secure your employee records and personnel file. | Not Sold. May be shared with our service providers to the extent necessary for the provision of services on our behalf or with our Clients that the engagement is with. |
| Complete account access credentials (usernames, account numbers, or paycard numbers) | 7 years for employees | We collect this information to make an employment and/or job-related decision that involves you, to fulfill or meet the reason you provided the information as a job applicant or employee, to provide you with employment, to manage your employment relationship with us and for general employee administration and processing (including employee payroll and benefits administration), and to create, maintain, secure your employee records and personnel file, and to provide you access to our websites and applications. Financial information, such as banking information, may be used for issuing payroll, processing work-related claims (for example, insurance or payment claims), and all related accounting and auditing. We also collect this information so TCWGlobal can administer benefit related claims and for employment related HR processes. | Not Sold. May be shared with our service providers to the extent necessary for the provision of services on our behalf. |
| Precise geolocation | Not collected | Not collected by TCWGlobal. Please note some of our clients will use alternative timekeeping tools that may use geolocation. Please review the timekeeping tool’s privacy policy and collection notices for more information. | Not Collected |
| Racial or ethnic origin | 7 years for employees | We collect racial and ethnic origin information to comply with local, state, and federal laws and regulations, comply with required reporting where TCWGlobal is serving as your employer, and for diversity initiatives. | Not Sold. May be shared with our service providers to the extent necessary for the provision of services on our behalf. |
| Religious or philosophical beliefs | Not Collected | Not Collected | Not Collected |
| Union membership | Not Collected | Not Collected | Not Collected |
| Genetic data | Not Collected. If provided by employee directly, will be retained as part of personnel file for 7 years. | Not generally collected by us. However, if employee provides genetic data which is health related, if relevant to your employment, job restrictions, workplace accident and illness information, and health insurance policy information, TCWGlobal will only retain and use this information if necessary to maintain a safe workplace, assess your working capacity and make necessary accommodations, administer health and Worker’s Compensation programs, and comply with applicable laws. | Not Sold. May be shared with our service providers to the extent necessary for the provision of services on our behalf. |
| Mail, email, or text message contents not directed to us | Not Collected | Not Collected | No |
| Unique identifying biometric information | Not Collected | Not Collected | No |
| Health or sexual orientation information | 7 years for employees | Health and Safety Information such as health conditions, if relevant to your employment, job restrictions, workplace accident and illness information, and health insurance policy information. We collect this information to maintain a safe workplace, assess your working capacity and make necessary accommodations, administer health and Worker’s Compensation programs, and comply with applicable laws. Sexual orientation information is not directly requested or collected. However, TCWGlobal may obtain information regarding marital status or domestic partner in order to provide and administer benefits to employees. | Not Sold. May be shared with our service providers to the extent necessary for the provision of services on our behalf. |
StaffingNation’s Disclosure of Personal Information to Third Parties
We do not sell or otherwise disclose your personal information to any third parties for any monetary consideration.
We may disclose your personal data to the following categories of recipients:
- (i) TCWGlobal affiliates: TCWGlobal may disclose your personal data to other TCWGlobal entities to fulfill the purposes described in this Notice. Within TCWGlobal entities, access to, use of and other processing of personal data will generally be limited to individuals who have a need to know the information for the purposes described in this Notice, which may include personnel from: Human Resources, IT, Compliance, Legal, Information Security, Finance and Accounting and Internal Audit. Most personnel within TCWGlobal will have access to your business contact information such as name, position, telephone number, work address and email address.
- (ii) External service providers: such as (1) payroll and tax administrators, pensions and benefits providers and administrators, human resources administrators, IT systems and support providers, account monitoring services, financial institutions, telecommunications providers, insurance companies; (2) accountants, auditors, lawyers and other outside professional advisors; and (3) other third parties engaged to assist us in carrying out business, recruiting, or human resources activities. (4) data verification services to ensure your data is accurate and to reduce errors. We do not allow third party service providers to use or disclose your personal information except as necessary to perform services on our behalf or to comply with legal requirements.
- (iii) TCWGlobal Clients: TCWGlobal may disclose your personal data to Clients that have a valid business purpose presented to obtain that data and to fulfill the purposes described in this Notice. With our Clients, access to, use of and other processing of personal data will generally be limited to individuals who have a need to know the information for the purposes described in this Notice, which may include personnel from: Human Resources, Talent Acquisition, and the Client hiring manager or supervisor.
- (iv) Local authorities: TCWGlobal may share your personal data with local governmental, regulatory, supervisory and/or judicial agencies or other public or official bodies, as permitted or required under applicable law.
- (v) Business investors: Your personal data may be disclosed to potential investors and their advisors, auditors and legal counsel in connection with a corporate restructuring, sale or assignment of assets, merger, divestiture or other changes of control or financial status of TCWGlobal (including a reorganization, dissolution, or liquidation).
- (vi) Other third parties: Your personal data may be disclosed to third parties in circumstances where we are required to do so by law, regulation, or legal process (such as a court order or subpoena), or when we believe disclosure is necessary in order to achieve any purpose disclosed under this Notice.
Changes to This Privacy Notice
TCWGlobal reserves the right to update this Privacy Notice at any time and will provide you with a new Privacy Notice when and if any updates are made. If TCWGlobal would like to use your previously collected personal data for different purposes than those it notified you about at the time of collection, we will provide you with notice and, where required by law, seek your consent, before using your personal data for a new or unrelated purpose. TCWGlobal may process your personal data without your knowledge or consent only where required by applicable law or regulation.
If you have any questions about this Privacy Notice, our privacy policies which can be located at www.tcwglobal.com/privacy, our practices, or the security of the StaffingNation Software, please contact us at privacy@tcwglobal.com or by calling (858) 810-3000 or toll free (888) 388-8873. Or:
WMBE Payrolling Inc dba TCWGlobal
Attn: Privacy Office
3545 Aero Court
San Diego, CA 92123