Privacy Policy

WMBE Payrolling Inc. and its affiliates (“TargetCW,” “StaffingNation,” “we,” “us” or “our”) respect your privacy and take your privacy seriously. We are committed to handling personal information responsibly and in compliance with applicable laws. This Privacy Policy Statement sets forth the ways we collect information from and about you, and what we do with the information, so that you may better decide whether to utilize StaffingNation. StaffingNation is TargetCW’s proprietary Contingent Workforce Platform which includes an onboarding and VMS system. This policy applies to users of the services, software, and website. By utilizing StaffingNation, and any integrated third-party software, you agree to this Privacy Statement in addition to any other agreements we might have with you. Please review the policy carefully to understand our policies and practices regarding your information and how we will treat it. While we may provide answers to privacy questions on at tcwprivacy.com in order to be helpful, this Privacy Policy is the exclusive source of our specific privacy practices.

1. INFORMATION WE MAY COLLECT

We may collect Personal Information, either directly from Workers, Client Companies, or Vendors. We collect, process, and transfer Personal Information through electronic processes. We have established routine processing for certain functions such as processing for regular payroll, benefits administration, and vendor management.

a. INFORMATION YOU PROVIDE TO US

When you sign up for an account and use our Services, you give us personal identification information and other data.

  1. For Workers: This can include your name, email, address, phone number, gender, date of birth, work-related photographs, Government-issued identification numbers. We also may obtain additional information such as emergency contact details, job-related information (such as years of service, work location, employment ID, work record, job descriptions, vacation/absences, and contract data), employment and training information, recruitment and performance-related data, information related to usage of our assets or Client assets. This can also include information needed for compliance and risk management, such as disciplinary records, background check reports, drug test results, driving records, credit scores, and security data. We also will have payroll or benefits-related information, such as salary and insurance information, dependents, government identifier or tax numbers, bank account details, and employment-related benefits information.
  2. For Vendors: This can include your name, email, work phone number, and additional company information
  3. For general system users: This can include your name, email, and additional company-related information such as your department and office location

b. INFORMATION FROM THIRD PARTIES

For Workers, we may collect and receive information about you, including personal information and financial account information, from third parties, such as financial institutions, our service providers, our clients, and/or partnering vendors.

c. INFORMATION FROM USE OF STAFFINGNATION

When you utilize our Software, our Web server sends a cookie to your computer. Cookies are files that Web browsers place on a computer’s hard drive and are used to tell us whether Clients, Workers, or Visitors have visited the Site previously.

Standing alone, cookies do not identify you personally. They merely recognize your browser. Unless you choose to identify yourself to StaffingNation by creating an account, you remain anonymous. Cookies can be session-based and persistent-based. Session cookies exist only during an online session. They disappear once you close your browser software or turn off your computer. Persistent cookies remain on your computer after you’ve closed your browser or turned off your computer. They include such information as a unique identifier for your browser.

StaffingNation may from time to time engage third parties to track and analyze non-personally identifiable usage and volume statistical information from users of StaffingNation to help us administer our software and improve its quality. These third parties may use cookies to help track visitor behavior. Such cookies will not be used to associate individual website visitors to any personally identifiable information. All data collected by such third parties on behalf of us is used only to provide us with information on usage and is not shared with any other third parties.

2. HOW WE USE YOUR INFORMATION

We use the Information you share and data we collect about you primarily for the legitimate interest of administering our business; (i) for registration and to manage your profile and listings, including to facilitate your access to and use of StaffingNation; (ii) to enable us to publish your submitted content; (iii) to respond to your questions and requests regarding customization or use of StaffingNation; (iv) to improve our product and service; (v) to resolve disputes and troubleshoot problems; (vii) to prevent prohibited activities or breach of agreements; (viii) to enforce our policies; and as otherwise described to you at the point of collection or as part of our separate service agreements.

With respect to Workers and Candidates, as an onboarding platform, StaffingNation does contain some of their private information which we will respect, keep private, and secure. We may have a social security number, date of birth, address, phone number, email, resume, etc. We may utilize this information to send emails, remind workers of deadlines, employee benefits, employment-related laws, W2’s. newsletters, etc. The only entities that may have your information are: TargetCW, a third-party staffing agency (if they found you an engagement), a third-party verification service and a client company. We also may use your data in order to send you job opportunities or to fill job engagements as requested by a client with whom you have previously communicated.

We take steps to ensure that the Personal Information we process is reliable for its intended use, is accurate, up-to-date and complete, and is limited to the Personal Information required to carry out the purposes of the processing, as described in this Statement. Generally, we collect your information to find engagements for you, manage your engagements, comply with applicable laws, and provide you with benefits. Where appropriate, we may ask you to ensure that your Personal Information that we hold is accurate and up-to-date.

We process workers’ sensitive personal information if it is needed for legitimate business objectives and to the extent permitted or required to comply with applicable law. Sensitive Personal Information will not be collected, processed or transferred, except where adequate privacy protection mechanisms are in place and after having first obtained your informed explicit consent, if required by law.

3. OUR DISCLOSURE OF YOUR PERSONAL INFORMATION TO THIRD PARTIES

StaffingNation may use third-party vendors. Such vendors are necessary and have been vetted accordingly. StaffingNation may be required to transmit, store, or share information with those third-party vendors to conduct business. STAFFINGNATION DOES NOT SHARE THIS INFORMATION FOR MARKETING PURPOSES. Such vendors include, but are not limited to: APIs for verifications, ACH verification, location validation, APIs or EDI to integrate with end client system, benefits portals, timekeeping integrations, etc.

We may disclose your personal data to the following categories of recipients:

(i) TargetCW affiliates: The Company may disclose your personal data to other TargetCW entities to fulfill the purposes described in this Notice. Within TargetCW 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 TargetCW 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 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) Local authorities: TargetCW 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.

(iv) 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 the Company (including a reorganization, dissolution, or liquidation).

(v) 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.

4. SECURITY AND DATA INTEGRITY

TargetCW maintains technical, physical, and administrative security measures to protect information received from our workers, clients, suppliers, vendors, investors, and those individuals who utilize StaffingNation and browse and/or use our websites against loss, misuse, unauthorized access, disclosure, or alteration, and will only transfer your sensitive data via a protected channel or in an encrypted format. TargetCW is SSAE 16 SOC 2 certified.

Workers, Clients, and Vendors are expected to follow the company’s privacy and security policies and procedures, as well as applicable laws, when accessing and handling all Personal Information as well as confidential information provided to us. When we retain a third-party service provider, that provider will be required to (i) use measures to protect the confidentiality and security of the Personal Information and (ii) process the Personal Information only as directed by TargetCW.

StaffingNation requires unique user names and passwords that must be entered each time a user logs on. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of data.

For purposes of our participation in the Privacy Shield, TargetCW confirms that we are subject to the jurisdiction of the United States Federal Trade Commission (FTC), and to its investigatory and enforcement powers,

5. INTERNATIONAL AND U.S. DATA TRANSFERS

Your Personal Information may be transferred outside the European Union to locations in the U.S. and other countries that have different data protection laws than those in the country in which you are based and that may not have been granted an adequacy decision by the European Commission. TargetCW has executed Standard Contractual Clauses approved by the European Commission to ensure that your personal data is protected when transferred outside of the EEA. You can request to consult a copy of these Standard Contractual Clauses by contacting us. In this regard, TargetCW complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information from European Union member states. TargetCW has certified that it adheres to the Privacy Shield Principles of Statement, Choice, and Accountability for Onward Transfers, Security, Data Integrity and Purpose Limitation, Access, Recourse, Enforcement and Liability. If there is any conflict between this Statement and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit tcwprivacy.com. The URL for the Privacy Shield website is: privacyshield.gov. TargetCW and our subsidiaries have gone through extensive General Data Protection Regulation (GDPR) assessments and are in full compliance with the various articles in GDPR.

TargetCW commits to cooperating with EU data protection authorities (DPA) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resource data transferred from the EU and Switzerland in the context of the employment relationship.

If you are utilizing StaffingNation from outside of the United States, you understand and agree that your information and data may be transferred, stored, and used in the United States where our servers are located.

6. OUR DATA RETENTION POLICIES

Data destruction is a part of the many programs and regulations that TargetCW adheres to. This idea of data destruction reduces the amount of data that is potentially vulnerable. The internal procedures for data destruction have been reviewed with our various software vendors to indicate whether the data is “deleted” or just “hidden” within the system. If the data can only be “hidden”, then we will anonymize critical information such as SSN and remove ACH information.

We will retain any personal information only as long as necessary to fulfill the business purpose for which it was collected. We will also retain and use the information as long as necessary to comply with our legal obligations, resolve disputes, and/or enforce our agreements.

UK Workers: Statutory Retention Periods for HR Data Wage information 3 years; Working hours and related information 3 years; Collective redundancy information 3 years; Parental leave records 8 years; Carer’s leave 3 years; Employment permit records 5 years or period equal to duration of employment (whichever is longer); Employment records of young persons 3 years; and Accident records 10 years.

Canada: All HR files and related payroll data requires a minimum of 3 years.

In the US all HR files and related payroll data will be kept for 7 years.

Other countries, please consult your local employer of record.

TargetCW purges all worker/wage and payroll files that are marked for deletion annually according to the above schedule. If data cannot be deleted, it will be anonymized.

7. AUTOMATED DECISION MAKING

StaffingNation does not have any automated decision-making processes or systems.

8. CHILDREN’S PRIVACY

StaffingNation is intended for general business audiences and is not designed to appeal to minors. We do not knowingly solicit or receive any information from anyone under the age of 13. If you are a parent or guardian and believe your child has provided us with personal information, please contact us immediately. The contact information is provided at the end of this privacy policy.

9. CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of their information to third parties for the third parties for direct marketing purposes. To make such a request, please contact us by sending an email to privacy@targetcw.com

10. CHANGES TO OUR PRIVACY STATEMENT

We may amend our Privacy Statement at any time by posting a new version. It is your responsibility to review this Privacy Statement periodically as your continued use of StaffingNation represents your agreement with the current version of the Privacy Statement.

11. CONTACT US

If you have any questions about this Privacy Statement, our practices, or the security of the StaffingNation Software, please contact us at privacy@targetcw.com or by calling (858)810-3000 or:

WMBE Payrolling Inc
Attn: Privacy Office
9475 Chesapeake Dr
San Diego, CA 92123

We will investigate any complaints received and do our best to resolve them with you as soon as possible. You can also submit a user access request to obtain any of your personal data which will be processed within 30 days.

12. COMPLAINTS AND DISPUTE RESOLUTION

If you have a complaint or concern regarding your personal data under this Privacy Policy, please reach out utilizing the contact information above. We will respond within 30 days. If you still believe that your complaint or dispute has not been resolved, you can invoke binding arbitration (if permitted with respect to your complaint), by providing notice to TargetCW in the manner indicated in Annex I to the EU – U.S. Privacy Shield Principles, available online at www.privacyshield.gov. The location of the arbitration will be in the United States.