CCPA

INDIVIDUAL RIGHTS UNDER CALIFORNIA LAW: CALIFORNIA CONSUMER PRIVACY ACT OF 2018 (CCPA)

Effective Date: 1 November 2020

​This California Privacy Notice covers our collection, use, disclosure, and sale of California Consumers’ “Personal Information” (“PI”) as defined by the CCPA, except to the extent such PI is exempt from the notice obligations of the CCPA for the twelve months preceding the Effective Date. This California Privacy Notice also covers rights California Consumers have under the CCPA, as well other notices to Californians required by other laws. The description of our data practices in this California Privacy Notice, as required by the CCPA, and will be updated annually. Our practices following the Effective Date may differ, however, if materially different from this California Privacy Notice we will provide pre-collection notice of the current practices, which may include reference to our general privacy policy or other applicable privacy notices, which will reflect current practices.

Consistent with the CCPA, subjects of certain business-to-business communications acting solely in their capacity as representatives of another business, are not considered “Consumers” for purposes of this California Privacy Notice or the rights described herein. Publicly available information is also not treated as PI under the CCPA, so this notice is not intended to apply to that data and your Consumer privacy rights do not apply to that data.

Consistent with the CCPA, individuals working directly for NES Fircroft or its associated companies as a ‘staff’ member of the business and individuals that are prospective staff of NES Fircroft or its associated companies (“Employees”), are not considered “Consumers” for purposes of the CCPA rights described herein. The collection, use, disclosure, and sharing of PI of Employees by NES Fircroft is for performing services and operations related to Employees’ potential employment and/or employment by NES.

a) Collection and Sharing of PI

Based on our data practices through the Effective Date, we give you notice that we collect the following types of PI about California Consumers and Employees and use and share it as set forth below.​

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The chart above reflects that categories of PI required by the CCPA. There may be additional information that we collect that meets the CCPA’s definition of PI but is not reflected by a category, in which case we will treat it as PI as required by the CCPA, but will not include it when we are required to describe our practices by category of PI.

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 have no obligation to re-identify information or keep it longer than we need it to respond to your requests.

We may sell PI (as the term “sell” is defined by the CCPA). As part of NES Fircroft’s service provision and to help our Clients evaluate the suitability of Candidates for a Client’s role, NES Fircroft creates profiles of Candidates whose qualifications match a Client’s requirements. Candidate profiles are shared with executives, hiring managers, and recruiters, for the purposes of providing staffing solutions, recruitment and assignment support services (“Recruiting Purposes”). Sharing for Recruiting Purposes may be deemed a sale under the CCPA. For more information on how to exercise your do not sell rights, see the “Do Not Sell” subsection of the California Privacy Rights section of this California Privacy Notice below. Note, exercising your do not sell rights with regard to Recruiting Purposes will terminate NES’s sharing of your PI with recruiters, executives, and hiring managers.

b) Sources of PI

We may collect your PI directly from you, Clients, employment references, online job boards, External Providers undertaking screening, background checks, or insurance services, our affiliates, or other individuals and businesses.

c) Use of PI

Generally, we collect, retain, use, and share your PI to provide you services and as otherwise related to the operation of our business. For more detail on our disclosures and sale of PI, see the “Collection and Sharing of PI” section above.

We may collect, use, and share the PI we collect for one or more of the following business purposes:

• Processing Interactions and Transactions;
• Managing Interactions and Transactions;
• Performing Services;
• Research and Development;
• Quality Assurance;
• Security;
• and Debugging.

Additional business purposes include sharing PI with third parties for other than a sale or one of the foregoing business purposes as required or permitted by applicable law, such as to our vendors that perform services for us, to the government or private parties to comply with law or legal process, to the consumer or other parties at the consumer’s request, for the additional purposes explained in our Privacy Policy, and to assignees as part of a merger or asset sale (“Other Business Purposes”).

Subject to restrictions and obligations of the CCPA, our vendors may also use your PI for some or all of the above listed business purposes. Our vendors may themselves engage services providers or subcontractors to enable them to perform services for us, which sub-processing is, for purposes of certainty, an Other Business Purpose for which we are providing you notice.

As stated above, we may collect and use your PI for sharing PI in a manner that is deemed a sale under the CCPA. For more information on how to exercise your do not sell rights, see the “Do Not Sell” subsection of the California Privacy Rights section of this California Privacy Notice below.

d) California Privacy Rights

The CCPA is a new law and there remain differing interpretations of it and the regulations that implement it. Accordingly, we may from time-to-time update information in our notices regarding our data practices and your rights, modify our methods for you to make and for us to respond to your requests, and/or supplement our response(s) to your requests, as we continue to develop our compliance program to reflect the evolution of the law and our understanding of how it relates to our data practices.

We provide California Consumers the privacy rights described in this section. You have the right to exercise these rights via an authorized agent who meets the agency requirements of the CCPA and related regulations. As permitted by the CCPA, any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfil your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI.

To make a request, contact us and respond to any follow up inquires we may make.

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Some PI we maintain about Consumers is not sufficiently associated with enough PI about the Consumer for us to be able to verify that it is a particular Consumer’s PI when a Consumer request that requires verification pursuant to the CCPA’s verification standards is made (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA we do not include that PI in response to those requests. If we cannot comply with a request, we will explain the reasons in our response. We will use PI provided in a Verifiable Consumer Request only to verify your identity or authority to make the request and to track and document request responses, unless you also gave it to us for another purpose .

We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose and otherwise use and to respond to your California Consumer privacy rights requests. In some cases, particularly with voluminous and/or typically irrelevant data, we may suggest that you receive the most recent or a summary of your PI and give you the opportunity to elect whether you want the rest or not. We reserve the right to direct you to where you may access and copy responsive PI yourself. We will typically not charge a fee to fully respond to your requests; provided, however, that we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded or overly burdensome. If we determine that the request warrants a fee, or that we may refuse it, we will give you notice explaining why we made that decision. You will be provided a cost estimate and the opportunity to accept such fees before we will charge you for responding to your request.

Consistent with the CCPA and our interest in the security of your PI, we will not deliver to you your social security number, driver’s license number or other government-issued id number, an account password, security questions or answers, or unique biometric data in response to a CCPA request; however, you may be able to access some of this information yourself through your account if you have an active account with us.

Your California Consumer privacy rights are as follows:

i.The Right to Know:

a)Categories:

You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:

• The categories of PI we have collected about you.
• The categories of sources from which we collected your PI.
• The business or commercial purposes for our collecting or selling your PI.
• The categories of third parties to whom we have shared your PI.
• A list of the categories of PI disclosed for a business purpose in the prior 12 months and, for each, the categories of recipients, or that no disclosure occurred.
• A list of the categories of PI sold about you in the prior 12 months and, for each, the categories of recipients, or that no sale occurred.

To make a request, contact the Data Protection Advisory team and respond to any follow up inquiries we may make.

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In order for us to look into your request, we first need to verify your identity, meaning that we need to make sure that you are the consumer we may have collected personal information about or a person who has been duly authorized to make the request on behalf of the consumer. We are required to verify a consumer’s request to know categories of PI to a reasonable degree of certainty, which may include matching at least two data points provided by the consumer with data points maintained by us, which we have determined to be reliable for the purpose of verifying the consumer. If you fail to do so we will be unable to verify you sufficiently to honor your request. The information you send for us to verify your identity will be used for this purpose only.

For your specific pieces of information, as required by the CCPA, we will apply the heightened verification standards set forth in subsection (ii) below. Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.

b)Specific Pieces :

You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining.

To make a request, contact the Data Protection Advisory team and respond to any follow up inquiries we may make.

​​In order for us to look into your request, we first need to verify your identity, meaning that we need to make sure that you are the consumer we may have collected personal information about or a person who has been duly authorized to make the request on behalf of the consumer. We are required to verify a consumer’s request to know specific pieces of PI to a reasonably high degree of certainty, which may include matching at least three data points provided by the consumer with data points maintained by us, which we have determined to be reliable for the purpose of verifying the consumer together with a signed declaration under penalty of perjury that the requestor is the consumer whose personal information is the subject of the request. If you fail to provide the data points we will be unable to verify you sufficiently to honor your request. The information you send for us to verify your identity will be used for this purpose only.

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Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.

ii.Do Not Sell:

You have the right to direct us to not sell your PI. For more information on how to exercise your do not sell rights, click here, as stated above, exercising your do not sell rights with regard to Recruiting Purposes will terminate NES’s sharing of your PI with recruiters, executives, and hiring managers.

IP Addresses & Cookies

There may be cookies and other tracking technologies associated with our online services that may provide data, which may be treated as PI under the CCPA, to other parties that may use it for their own purposes, which in turn may provide that data to other parties for their own purposes. While there is not yet a consensus, we do not believe that data practices of third-party cookies and tracking devices associated with our online services constitute a sale of PI by us and therefore we do not currently treat these activities as a “sale.” Currently, a do not sale request to us will not affect these third-party activities. However, you can exercise control over browser-based cookies by adjusting the settings on your browser, and mobile devices may offer ad and data limitation choices. In addition, third party tools may enable you to search for and opt-out of some of these trackers, such as the Ghostery browser plug-in available at https://www.ghostery.com/.

For more information on cookies and your choices regarding them, including how to opt-out of certain interest-based advertising, refer to ourCookie Policy.

You can also learn more about how to exercise certain choices regarding cookies and interest-based advertising at:

• http://www.aboutads.info/choices/
• http://www.aboutads.info/appchoices.and
• http://www.networkadvertising.org/choices/

We do not represent that these third-party tools, programs or statements are complete or accurate. Clearing cookies or changing settings may affect your choices and you may have to opt-out separately via each browser and other device you use. Cookie-enabled opt-outs signals may no longer be effective if you delete, block or clear cookies. We are not responsible for the completeness, accuracy or effectiveness of any third-party notices or choices.

Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you so we currently do not recognize these as a do not sell request. Further, there is not currently a consensus as to how various user-enabled privacy or “do not track” signals or settings should be treated or what they mean, so we will not look for or respond to any that are not expressly listed here as programs in which we participate or otherwise accept, which may change as programs evolve. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.

We do not knowingly sell the PI of Consumers under 16.

We may disclose your PI for the following purposes, which are not a sale: (i) if you direct us to share PI; (ii) to comply with your requests under the CCPA; (iii) disclosures amongst the entities that constitute Company as defined above, or as part of a merger or asset sale; and (iv) as otherwise required or permitted by applicable law.

iii. Delete:

Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Our retention rights include, without limitation, to complete transactions and service you have requested or that are reasonably anticipated, for security purposes, for legitimate internal business purposes, including maintaining business records, to comply with law, to exercise or defend legal claims, and to cooperate with law enforcement.

Note also that we are not required to delete your PI that we did not collect directly from you.

To make a request, contact the Data Protection Advisory team and respond to any follow up inquiries we may make.

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In order for us to look into your request, we first need to verify your identity, meaning that we need to make sure that you are the consumer we may have collected personal information about or a person who has been duly authorized to make the request on behalf of the consumer. We are required to verify a consumer’s request to delete to a reasonable degree of certainty, which may include matching at least two data points provided by the consumer with data points maintained by us, or to a reasonably high degree of certainty, which may include matching at least three data points provided by the consumer with data points maintained by us, depending on the sensitivity of the PI and the risk of harm to the consumer posted by unauthorized deletion. If you fail to provide the data points we will be unable to verify you sufficiently to honor your request. The information you send for us to verify your identity will be used for this purpose only.

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iv.Non-Discrimination and Financial Incentive Programs:

NES will not discriminate against you because you exercise your CCPA rights.

v.Authorized Agents:

If a Consumer chooses to submit a request through an authorized agent, we require the Consumer to:

• Provide the authorized agent signed permission by the Consumer to submit a request, a copy of which must be provided to us;
• Verify their own identity directly with us;
• Directly confirm with us that they provided the authorized agent permission to submit the request.

If the authorized agent has a power of attorney issued under California Probate Code sections 4000 to 4465, then the written agreement is not necessary. Pursuant to Probate Code Sections 4121 and 4122, a power of attorney is only valid if it is notarized or witnessed by two adults other than the attorney-in-fact. Where witnesses are used rather than a notary, we require verification of the witnesses’ identities, and verification that they in fact witnessed the appointment. The power of attorney must be sufficiently broad, or specific, to establish agency to make a CCPA request. We are entitled to reject any request submitted through a power of attorney if the attorney-in-fact cannot reasonably verify the validity of the power of attorney.

If the authorized agent is not authorized by a power of attorney, we require an agent that is an entity be registered with the Secretary of State to conduct business in California. We are entitled to verify the legitimacy of an agency appointment, such as through a representation under the penalty of perjury with two verified witnesses. We are entitled to require a natural person acting on behalf of an entity agent to attest under penalty of perjury with two verified witnesses that (1) they are authorized to act on behalf of the entity and the consumer; (2) they are who they claim to be; and (3) everything they have submitted is valid and accurate. We are entitled to require the same of an individual acting as an agent, except for the qualification that they be registered with the Secretary of State to do business in California.

In the absence of any of the general conditions detailed above, we are entitled to reject any request submitted through an agent. In addition, the agent is subject to the verification standards applicable to the type of request(s) made.

vi.Limitation of Rights:

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 CCPA rights. In addition, we need not honor any of your requests to the extent that doing so would infringe upon our or any other person or party’s rights or conflict with applicable law.

e)Additional California Notices

In addition to CCPA rights, certain Californians are entitled to certain other notices, including:

a) California Minors:

The NES Fircroft website is not intended or targeted to minors (individuals under the age of eighteen (18)). We do not intentionally or knowingly collect PI from minors. If you are a registered user of NES Fircroft and a minor in California, you may ask to remove you PI content on the NES Fircroft site by contacting the following:

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b)California Shine the Light Disclosure

We provide California residents with the option to opt-in or opt-out of sharing of “personal information” as defined by California’s “Shine the Light” law with third parties, other than our affiliates, for such third parties own direct marketing purposes. Sharing for Recruiting Purposes may be deemed a disclosure to third parties for their own direct marketing purposes under the Shine the Light law. Accordingly, if you opt-out we will not share your personal information for Recruiting Purposes. If you want NES Fircroft to continue to share your personal information for Recruiting Purposes, do not opt-out. If you are a California resident, you may exercise this opt-out and/or request certain information about our compliance with the Shine the Light law by contacting the following:

​Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, we are not required to respond to requests made by means other than through the provided, telephone number, e-mail address or mail address.

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c)Tracking and Targeting

When you visit our online services, we and third parties may use tracking technologies to collect usage information based on your device for a variety of purposes, including serving you advertising, based on your having visited our services or your activities across time and third-party locations. Some browsers may enable you to turn on or off a so-called “Do Not Track” signal. Because there is no industry consensus on what these signals should mean and how they should operate, we do not look for or respond to “Do Not Track” signals.

NEVADA RESIDENTS

INDIVIDUAL RIGHTS UNDER NEVADA LAW:

We do not believe we “sell” “covered information” of Nevada “consumers” as those terms are defined by Chapter 603A of the Nevada Revised Statutes, and until such time as we change this policy by updating this Privacy Notice, and provide a method to opt-out of sale under the Nevada Revised Statutes, we will treat covered information collected under this Privacy Notice as subject to a do not sell request as relates to the Nevada Revised Statutes.

CHANGES TO THIS PRIVACY NOTICE

Any changes we make to our Privacy Notice or the defined processing activities will be posted to our website. You are encouraged to visit our website frequently to see any updates or changes.

This Privacy Notice was last updated November 2020.

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