Personnel Privacy Notice
Personnel Privacy Notice
Personnel Privacy Notice (“Notice”)
Effective Date: As of January 1, 2023
This Notice describes how The New Home Company Inc. (together with its relevant subsidiaries, associates, and affiliated companies, “Company,” “we,” “us,” or “our”) processes personal information (“PI”) of Personnel (defined below) in various human resources (“HR”) contexts. As to California Personnel, this Notice is designed to meet obligations under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (together, the “CCPA”). In the event of a conflict between any other Company policy, statement, or notice and this Notice, this Notice will prevail as to Personnel, unless stated otherwise. Capitalized terms used but not defined in this Notice shall have the meanings given to them under the CCPA.
Applicability: This Notice applies to the following who provided us with PI in HR contexts:
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Job applicants who have applied for a position with Company.
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Current/former employees of Company.
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Independent contractors of Company.
This Notice also applies to those whose family member or friend has provided PI about you to Company in an HR context, such as if:
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You are listed as an emergency contact for one of the foregoing.
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You are a beneficiary or dependent for one of the foregoing.
The individuals referred to in the foregoing bullet points are collectively referred to as “Personnel” throughout this Notice. Section 1 of this Notice provides notice of our data practices, including our collection, use, retention, and disclosure of Personnel PI. Sections 2-5 of this Notice provide information regarding California Personnel rights under the CCPA and how you may exercise them. Sections 2-5 of this Notice do not apply to Personnel outside of California.
Non-Applicability: This Notice does not apply to our consumer facing website(s) or our other data practices outside of the human resources context, which are addressed in our general privacy notice available here.
TABLE OF CONTENTS
1. Notice of Data Practices
(a) PI Sources and Use
(b) PI Collection, Disclosure, and Retention – By Category of PI
2. California Personnel Rights and How to Exercise Them
3. Non-Discrimination / No Retaliation
4. Notice of Financial Incentive Programs
5. Our Rights and the Rights of Others
6. Contact Us
1. Notice of Data Practices
The description of our data practices in this Notice covers the twelve (12) months prior to the Effective Date and will be updated at least annually. Our data practices may differ between updates, however, if materially different from this Notice, we will provide supplemental pre-collection notice of the current practices, which may include references to other privacy policies, notices, or statements. Otherwise, this Notice serves as our notice at collection.
(a) PI Sources and Use
We may collect your PI directly from you, such as when you apply for a position or become employed or engaged by us (e.g., identification/identity data, contact details, educational and employment data), others through interactions in the course of employment or engagement, third parties (e.g., background check vendors and references) or public sources of data.
Generally we use Personnel PI for HR Business Purposes and as otherwise related to the operation of our business, including for: Performing Services; Managing Interactions and Transactions; Security; Debugging; Advertising & Marketing; Quality Assurance; Processing Interactions and Transactions; and Research and Development. For example, we use Personnel PI for the following purposes:
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Recruitment
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Employee intake/ onboarding/ off-boarding
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Maintaining Personnel records
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Payroll, reimbursements, and timekeeping
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Processing leaves of absence
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Processing workers’ compensation claims
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Booking employee travel
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Benefits administration
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Employee activation initiatives and communications
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Facilitating diversity and inclusion programs
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Administering training and education programs
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HR IT systems and security
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Employee and performance management
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Health & safety/occupational health
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Security (including electronic and of premises)
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DEI initiatives
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Wellness initiatives
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Compliance training
We may also use PI for “Additional Business Purposes” in a context that is not a Sale or Share under the CCPA, such as:
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Disclosing it to our Service Providers, Contractors, or Processors that perform services for us (“Vendors”);
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Disclosing it to you or to other parties at your direction or through your action (e.g., payroll processors, benefits providers, etc.);
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For the additional purposes explained at the time of collection (such as in the applicable privacy policy or notice);
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As required or permitted by applicable law;
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To the government or private parties to comply with law or legal process or protect or enforce legal rights or obligations or prevent harm;
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Where we believe we need to in order to investigate, prevent or take action if we think someone might be using information for illegal activities, fraud, or in ways that may threaten someone’s safety or violate our policies or legal obligations; and
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To assignees as part of an acquisition, merger, asset sale, or other transaction where another party assumes control over all or part of our business (“Corporate Transaction”).
Subject to restrictions and obligations under the CCPA, our Vendors may also use your PI for Business Purposes and Additional Business Purposes, and may engage their own vendors to enable them to perform services for us.
(b) PI Collection, Disclosure, and Retention – By Category of PI
We collect, disclose, and retain PI as follows:
| Category of PI | Examples of PI Collected and Retained | Categories of Recipients |
|---|---|---|
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Real name, alias, postal address, unique personal identifiers, online identifier, Internet Protocol address, and e-mail address. |
Disclosures for Business Purposes:
Sale/Share: None |
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Name, address, telephone number, financial information (e.g., credit card information or bank account number), medical information, and health insurance information. Some PI included in this category may overlap with other categories. |
Disclosures for Business Purposes:
Sale/Share: None |
|
In some circumstances, we may collect PI that is considered protected under U.S. law, such as age, gender, gender identity, marital status, veteran status, nationality, race, or disability. |
Disclosures for Business Purposes:
Sale/Share: None |
|
Records of services obtained in the HR context, such as benefits you have signed up for. |
Disclosures for Business Purposes:
Sale/Share: None |
|
When you use our online systems or otherwise interact with us online, we may collect browsing history, search history, and other information regarding your interaction with our systems or other sites, applications, or content. |
Disclosures for Business Purposes:
Sale/Share: None |
|
If you use our systems or interact with us online we may gain access to the approximate, and sometimes precise, location of the device or equipment you are using, or the location from which you are accessing our systems. We may also track the location of Company-owned equipment. |
Disclosures for Business Purposes:
Sale/Share: None |
|
We may collect audio, electronic, or similar information such as when you contact us through our ethics line, independent evaluations of sales techniques and recordings for training purposes, and via our recordings of all-employee townhalls. |
Disclosures for Business Purposes:
Sale/Share: None |
|
Professional, educational, or employment-related information, such as resumes, background check forms, and references. |
Disclosures for Business Purposes:
Sale/Share: None |
|
Education records directly maintained by an educational institution or party acting on its behalf, such as grades, transcripts, student identification codes, or student disciplinary records. |
Disclosures for Business Purposes:
Sale/Share: None |
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We may draw inferences from other information we collect about you (i.e., a profile reflecting abilities and aptitudes). For example, based on your performance or other information we may recommend skills training that may benefit you. |
Disclosures for Business Purposes:
Sale/Share: None |
|
Government Issued ID Numbers (social security, driver’s license, state ID card, or passport number) |
Disclosures for Business Purposes:
Sale/Share: None |
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Financial Data (account log-in, financial account, debit card, or credit card number in combo with any required security or access code, password, or credentials allowing access to an account) |
Disclosures for Business Purposes:
Sale/Share: None |
|
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Precise Geolocation (any data that is derived from a device and that is used or intended to be used to locate an individual w/in a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet) |
Disclosures for Business Purposes:
Sale/Share: None |
|
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Personal Characteristics (racial or ethnic origin) |
Disclosures for Business Purposes:
Sale/Share: None |
|
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Biometric Information (the processing of biometric info for the purpose of uniquely identifying an individual) |
Disclosures for Business Purposes:
Sale/Share: None |
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Health Information (PI collected and analyzed concerning an individual’s health) |
Disclosures for Business Purposes:
Sale/Share: None |
There may be additional information we collect that meets the definition of PI under the CCPA but is not reflected by a category above, in which case we will treat it as PI as required, but will not include it when we describe our practices by PI category.
As permitted by applicable law, we do not treat deidentified data or aggregate consumer information as PI and we reserve the right to convert, or permit others to convert, your PI into deidentified data or aggregate consumer information, and may elect not to treat publicly available information as PI. We will not attempt to reidentify data that we maintain as deidentified.
Because there are numerous types of PI in each category, and various uses for each PI type, actual retention periods vary. We retain specific PI pieces based on how long we have a legitimate purpose for the retention and have developed a retention schedule and policy that designates retention periods between 1 year or less, 1-3 years, 3-8 years, 8-12 years, and in excess of 12 years depending upon the nature of the record and the purpose for retention.
2. California Personnel Rights and How to Exercise Them
California Personnel have the same rights to know/access, delete, correct, limit, and opt-out as traditional Consumers and may learn more about these rights and how to exercise them in Section 2 of our U.S. State Privacy Notice here.
Right to Limit Use and Disclosure of Sensitive PI
With regard to PI that qualifies as Sensitive PI under the CCPA, as of January 1, 2023, if you elect to provide us with that Sensitive PI, you can limit certain types of Sensitive PI Processing by following the instructions in the How to Exercise Your Consumer Privacy Rights section of our U.S. State Privacy Notice.
3. Non-Discrimination / No Retaliation
We will not discriminate or retaliate against you in a manner prohibited by the CCPA for your exercise of your privacy rights. We may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable PI.
4. Notice of Financial Incentive Programs
We may offer discounts or other benefits (“Incentives”) from time-to-time to Personnel. We may use your PI, such as your name, phone number, or e-mail address to administer the Incentives to you. However, we do not condition your receipt of Incentives on the non-exercise of your privacy rights. You may opt-in to Incentives we may offer from time-to-time (“Program(s)”). Each Program may have additional terms, available on the Program page or at Program sign-up. The Incentives will be described in the Program page, or at Program sign-up. We generally measure the value of your PI collected in Programs by the cost of operating the applicable Program (excluding Incentive costs) and/or the cost of providing the Incentive. With respect to our Employee Home Purchase Discount Program, because we do not use PI collected in connection with the Program for purposes unrelated to the administration of the Program (e.g., we only use your data as needed to process your home purchase and we do not, unless collected in a different context, use it for marketing outreach or Sell it to Third Parties), we measure the value your Program-related PI collected as negligible and less than the value of the Program benefits. You can withdraw from the Program prior to the discount being provided by written notice to us using us the contact us information below. We deem the value of the PI to be reasonably related to the value of the Incentive, and by subscribing to the Program you indicate you agree. If you do not, do not purchase a home from us using the Program. However, a deletion request will not delete Program PI to the extent it is necessary in the operation of the Program (e.g. to sell and construct a home purchased by you from us). With respect to any Program that has ongoing benefits, if you desire to delete Program PI (other than for record keeping purposes) terminate your participation in the Program before making a CCPA deletion request. To learn more about the Incentives we offer, contact HR.
5. Our Rights and the Rights of Others
Notwithstanding anything to the contrary, we may collect, use and disclose your PI as required or permitted by applicable law and this may override your rights under the CCPA. In addition, we are not required to honor your requests to the extent that doing so would infringe upon our or another person’s or party’s rights or conflict with applicable law.
6. Contact Us
If you have any questions, comments, or concerns about our HR privacy practices, please contact us by e-mail at [email protected]. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include sensitive information in your e-mail correspondence with us.