Job Candidate and Employment Context
Last Updated Date: July 1, 2023
This Notice at Collection applies only to California residents and describes how Nelson, Mullins, Riley & Scarborough LLP and its affiliated businesses (collectively, "Nelson Mullins") collects, uses, and retains information that relates to California residents ("Personal Information") when they are acting as a job applicant, employee, independent contractor, or partner of Nelson Mullins (collectively, the "Job Candidate and Employment Context"). We encourage you to read this Notice carefully as it describes our information practices in the Employment Context and explains what data rights you may have under California law.
For more information about our information practices in the Job Candidate and Employment Context, please visit our California Privacy Notice. If you have a disability that prevents or limits your ability to access this notice, please contact us as at 1.800.237.2000 or email@example.com. We will work with you to provide this notice in an alternative format.
1) Personal Information We Collect.
We may have collected the Personal Information listed below in the Employment Context in the last 12 months. This Personal Information may pertain to you, or to your spouse, dependents, beneficiaries, emergency contacts, or other individuals associated with you.
- Identifiers, such as name, alias, postal address, email address, Social Security number, government-issued identification numbers (e.g., driver's license, state identification, or passport number), date of birth, telephone number, signature, assigned employee number, or other similar identifiers.
- Demographic Information, which may include information about protected classifications, such as your age, gender, gender identity, race, ethnicity, citizenship, sexual orientation, marital status, languages, or veteran or military status.
- Financial Information, such as payroll information, bank account and routing number, and tax-related information.
- Professional Information, such as resumes, employment history, employment verification information, promotions, service dates, training information, length of service, compensation, current department/position, employment status, job performance, attendance records, disciplinary actions, relocation information, employee development information, or other employment-related information. We may also collect information concerning the organizations you are affiliated with (e.g., volunteer information), and your professional memberships, qualifications, and certifications.
- Educational Information, such as the institutions attended, graduation dates, degrees, field of study, education verification information, level of education, degrees received, and certifications.
- Medical or Health Information, such as benefits-related information (e.g., wellness information, COBRA information, healthcare plan information, insurance information); disability claims records (e.g., workers' compensation records and disability claims records); medical reports or records (e.g., pre-employment drug tests and medical/benefits-related documentation); and information relating to pregnancy or childbirth.
- Audio or Visual Information, such as the content of video interviews and conferences, security cameras, call recordings, and similar types of information.
- Device Information, such an information pertaining to the device through which you interact with us or use within the Employment Context (e.g., the type of device and IP address) such as iCIMS and The Predictive Index.
- Commercial Information, such as information pertaining to products or services purchased.
- Internet or Other Electronic Network Activity Information, such as browsing history, search history, online applications used, and information regarding your interactions only within an Internet websites or applications used in the Employment Context.
- Geolocation Information, such as the region or general location where your computer or device is accessing the internet.
- Inferences Drawn from the Above Categories of Personal Information, such as inferences about your characteristics, behaviors, cognitive skills, job performance, disciplinary determinations, or professional development.
- Sensitive Personal Information, such as Social Security numbers and driver's license numbers; racial or ethnic origin; certain health-related information; and sexual orientation.
2) How We Use Personal Information.
We use Personal Information for a variety of business and commercial purposes, including to conduct our business and to manage our relationship with you. We know transparency is important so below are the ways we use Personal Information in the Employment Context.
- For human resource purposes, including processing job applications, administering benefits, processing payroll, conducting analytics in the Employment Context, or managing other aspects of an employment relationship including, but not limited to, the establishment, maintenance, and termination of employment relationships.
- Determining eligibility for initial employment, including the verification of references and qualifications, processing background checks of new applicants and existing employees, and conducting predictive personality indicators for pre-employment qualification.
- Managing the terms and conditions of employment, such as payment of wages/salary, direct deposit authorization, the provision and administration of benefits and leaves of absence, and maintenance of emergency and beneficiary contact information.
- To process employment-related claims, such as worker compensation and insurance claims.
- For purposes concerning work-related incidents, which may include using Personal Information to take disciplinary action, addressing injuries, and for other employment related actions.
- For safety related reasons, including to provide a safe work environment and administer our occupational safety and health programs.
- For professional development purposes, including administering our training programs.
- For immigration purposes, including to assist you with obtaining immigration or work documentation, when required.
- For work-related programs and initiatives, including surveys, events, and volunteer programs.
- For research and analytical purposes, including to understanding how you use the benefits and services that we offer.
- For corporation transactions, such as transferring or disclosing Personal Information in the event we sell or transfer, or are considering selling or transferring, all or a portion of our business or assets.
- For compliance, fraud prevention, and legal purposes, including to defend or protect us, you, our clients, or third parties, from harm or in legal proceedings; to maintain the security of our clients, employees, and property; to respond to court orders, lawsuits, subpoenas, and government requests; to address legal and regulatory compliance; to notify you of any other legal or safety issues; to detect, prevent, and respond to actual or potential fraud or security incidents, illegal activities, or intellectual property infringement; and to exercise or defend against legal claims.
- For law enforcement purposes, such as to cooperate with law enforcement agencies concerning conduct or activity that may violate federal, state, or local law.
- To respond to, communicate with, or notify you, including when you reach out to us with a comment, request, or question; or otherwise to send you notices, updates, alerts, and other work-related messages.
- For diversity, equity, and inclusion (DEI) purposes, including to administer our DEI program and initiatives.
- For purposes that you have otherwise consented to, including at the time the Personal Information is collected.
- For other business purposes, including to operate and improve our business; maintain a directory of our employees; internal administration; and for any other business purpose permitted by law.
We do not sell or share your Personal Information under any circumstances.
3) Retention of Personal Information.
We retain your Personal Information for the period necessary to fulfill the purposes outlined in this Notice at Collection unless a longer retention period is required or permitted by law. Please note that in many situations we must retain all, or a portion, of your Personal Information to comply with our legal obligations, resolve disputes, enforce our agreements, to protect against fraudulent, deceptive, or illegal activity, or for another one of our business purposes.