Husqvarna Notice at Collection for California Personnel

In order to comply the Act, this Husqvarna Notice at Collection (this “Notice”) discloses the categories of personal information we collect, the purposes of such collection and the rights and obligations that apply to such information solely and specifically for our job applicants, employees, agents, consultants and their dependents who are California residents (collectively, “Personnel”).

This Notice does not apply to our business-to-business contacts, which are employees, owners, directors or contractors of another business where the communication or transaction occurs solely within the context of our relationship with such other business (collectively, “B2B Contacts”).

THIS NOTICE AND THE RIGHTS AND OBLIGATIONS HEREUNDER ONLY APPLY TO THE PERSONAL INFORMATION OF OUR PERSONNEL COLLECTED BY US AFTER JANUARY 1, 2022.  

This Notice supplements but does not change the rights, duties and obligations applicable to all California consumers from which we collect, use and store personal information as described in our Privacy Policy found here (our “Privacy Policy”), including our non-California personnel and our California and non-California B2B Contacts. Information on how our Personnel can exercise their data rights, the verification and response procedures we utilize for such requests and other privacy disclosures are set forth in our Privacy Policy and all Personnel should review that policy as well as this Notice.

A. CALIFORNIA PERSONNEL

1. PERSONAL INFORMATION COLLECTED. We collect and process the following categories of personal information of our Personnel:  
   Identifiers, such as an individual’s name, postal address, email address, account name, online identifier, IP address, driver’s license number, passport number or similar identifiers.
   Statutorily Restricted Records Data, such as a signature, social security number, physical characteristics, telephone numbers, passport number, driver's license or state identification card number, insurance policy number, education, employment history, bank account number, credit card number, debit card number or other financial, medical or health insurance information.
   Protected Classification Data, such as age, race, color, ancestry, national origin, citizenship, religion, marital status, medical condition, physical or mental disability, sex, sexual orientation, veteran or military status or genetic information.
   Commercial Information, such as records or information regarding personal property, products or services purchased, researched or considered or other purchasing or consuming histories, tendencies or preferences.
   Employment Data, such as a Personnel member’s current or past job history, positions, hiring and termination dates, compensation, tax and payroll information, withholdings, performance and disciplinary records and vacation and sick leave records.
   Educational Information, such as a Personnel member’s academic and educational records, grades, transcripts, references, student identification codes and student financial or disciplinary records.
   Sensitive Personal Information, such as a Personnel member’s (i) social security, driver’s license, state identification card or passport number; (ii union membership; (iii) the contents of a Personnel member’s mail, email and text messages, unless the business is the intended recipient of the communication; and/or (iv) personal information concerning a Personnel member’s health.
2. PURPOSES OF COLLECTION. The purposes for our collection of the personal information of our Personnel are only those relevant or necessary for the sound operation of our business, including but not limited to, the following purposes: 

• For recruiting and evaluating job applicants and candidates for employment, including the conduct of background checks and related investigations.
• For managing the employment relationship of our employees, including but not limited to, the conduct of our onboarding processes, the administration of timekeeping, payroll and expense reporting, the administration of employee benefits and the conduct of employee training and development programs.
• For creating, maintaining and securing all online employee accounts.
• For reaching emergency contacts of our employees as and when needed, including when an employee is not reachable or is injured or ill.
• For processing and managing workers' compensation claims.
• For managing employee job performance, including goals, performance reviews, promotions, discipline and termination and for other human resources purposes.
• For complying with applicable laws and regulations.
• For managing and monitoring employee access to Company facilities, equipment, vehicles and systems.
• For conducting internal audits and workplace investigations and for investigating and enforcing compliance with Company policies and procedures.
• For maintaining commercial insurance policies and coverages, including for workers' compensation and other business-related liabilities.
• For performing workforce analytics, data analytics and benchmarking.
• For administering and maintaining Company operations, including for safety purposes.
• For engaging in corporate transactions requiring the review of employee records, such as for evaluating potential mergers & acquisitions of or affecting the Company or any of its subsidiaries, affiliates or corporate assets.
• For client marketing and development purposes.
• For exercising or defending the legal rights of the Company and/or its employees, subsidiaries, affiliates, customers, contractors and agents; and/or
• For such other purposes as are within the reasonable expectation of the Personnel member based upon our potential, our existing or our post-termination relationship with them.

      3. SALE OR SHARING & RETENTION PERIOD. The following table sets forth (i) whether each category of personal information of California Personnel collected by us is sold or shared, and (ii) the length of time that we intend to retain each category of personal information collected from California Personnel or the criteria used to determine such retention period:

AS FURTHER EXPLAINED IN OUR PRIVACY POLICY, WE DO SHARE CERTAIN PERSONAL INFORMATION OF OUR CALIFORNIA PERSONNEL WITH “SERVICE PROVIDERS” AND “CONTRACTORS” (AS DEFINED IN THE ACT) IN THE CONTEXT OF THE OPERATION OF OUR BUSINESS IN ACCORDANCE WITH THE REQUIREMENTS AND PROTECTIONS OF THE ACT.

B. CALIFORNIA PERSONNEL DATA RIGHTS

1. PERSONNEL DATA RIGHTS DEFINED. California Personnel have the following rights (collectively, “Data Rights”) with regard to the personal information we have collected from or about them:
   
   (a) The Right to Know. The right to know the categories of personal information collected in the past 12 months, the categories of sources of such information, the business purpose for such collection, the categories of third parties with which the data is sold or shared, and the specific pieces of personal information held about such Personnel,
   
   (b) The Right of Correction. The right to require us to correct any outdated or erroneous information held about such Personnel, 
   
   (c) The Right of Deletion. The right to request us to delete the personal information collected from such Personnel, subject to statutory exceptions permitting our retention of such information,  
   
   (d) Right of Opt-Out. The right to opt-out of the sale or sharing of such Personnel member’s personal information,  
   
   (e) Right to Limit. The right to restrict the use and disclosure of the Personnel member’s Sensitive Information for cross-contextual advertising, and
   
   (f) Right of Non-Discrimination. The right not to be discriminated or retaliated against for exercising any of these data rights. 
   
   
2. LIMITATIONS OR EXCEPTIONS TO PERSONNEL DATA RIGHTS. The foregoing Data Rights are subject to certain limitations and restrictions, including those set forth below:
   
   (i) Data Rights do not impair, limit or affect the rights of California employees with regard to their employment records under laws or regulations other than the Act.  For example, California Labor Code §1198.5 grants current and former employees the right to receive a copy of their personnel records relating to their performance and that right is not affected by the Act.
   
   (ii) Under the Act, the Company may deny a request to delete personal information when the personal information is reasonably necessary for the business, such as for:  (i) the administration of payroll, the reporting of data to the government and the processing of health care, (ii) for performing a contract between the business and the employee, such as to award stock options or pension benefits, (iii) as collected in security logs for network security and litigation requirements, (iv) for complying with the legal obligations of other laws or regulations, such as employment records retention requirements, and/or (v) when deleting the information would prevent the exercise of the Company’s legal rights or frustrate its defense of known or unknown legal claims.
   
   (iii) A Personnel member’s right to delete only includes the personal information collected from such person, as opposed to personal information created or received from others about such person such as the results of background or reference checks, performance evaluations, investigations and emails from others relating to such person.
   
   (iv) Employers only need to provide a Right to Opt-Out if they sell or share personal information with “third parties” (as defined in the Act), excluding transfers to “Service Providers” and “Contractors” that are subject to contractual restrictions on their handling and use of such data in accordance with the Act. 
   
   (v) Finally, the Right to Limit only applies to the use and disclosure of Sensitive Personal Information that is processed with the purpose of inferring characteristics about the data subject.  When the business does not collect or use Sensitive Personal Information to infer characteristics about the data subject, the disclosure is treated as mere personal information and the Right to Limit does not apply.

C. CONCLUSION
Please review our Privacy Policy for additional information relevant to our collection and protection of the personal information of our California Personnel.

If you have any questions about this Notice or our Privacy Policy or any need to access this Notice in an alternative format due to having a disability, please contact privacy@husqvarnagroup.com or call at (833) 674-9153.