Privacy Policy
Last Updated: May 2025
OPTIMUM PEO PRIVACY NOTICE
This Optimum PEO Privacy Notice (“PEO Privacy Notice”) tells you about the categories of personal information that may be collected (or may have been collected in the past 12 months) by Optimum Employer Solutions and its affiliates and subsidiary entities (collectively, “Optimum”) and why we collected that information. This PEO Privacy Notice is for both (A) website visitors and (B) customers of Optimum, including those customers’ (1) job applicants, (2) current employees and/or independent contractors, (3) former employees and/or independent contractors, (4) dependents or beneficiaries of current employees, and/or (5) dependents or beneficiaries of former employees.
This Privacy Notice applies to:
This Privacy Notice applies to:
- Clients of Optimum, including their
1) Personal information we collect & use
2) DE-Identified Data
3) Cookies & Similar Technologies
4) Any individuals interacting with Optimum’s services.
1. PERSONAL INFORMATION WE COLLECT AND USE
Your privacy is important to us. We only collect personal information that you provide to us or that we are authorized to obtain by you or by law, and we only use your personal information for the purposes described in this notice.
A. Information You Provide
When you visit our website or engage with us online, we may collect information from you to enhance your experience or to provide information that you have requested, including:
When you request a demo, schedule a call with us, or request support – we may collect your name, job title, company name and number of employees, address, email address, phone number, and other information you choose to provide.
When you create an account on our website, and to maintain your account, we will collect your email address and other information you choose to provide.
When you make an advisor referral, we will collect your name, phone number, email, and comments relating to your interest in the partner referral program.
When you engage with us via social media, we may collect your email address and other information you choose to provide.
When your employer requests specific proposals regarding Optimum’s PEO services, in order to obtain pricing for different services, insurance, and benefits, your employer may provide us your name; date of birth; gender; home zip code; work state; job title; information about injuries sustained on the job (including date, nature, insurance policy number, and claims information), and salary information.
When you apply for employment: While we are not involved in hiring, recruiting, or termination decisions, your employer may ask us to collect your name; email; phone number; Social Security number; driver’s license; date of birth; physical address; criminal history; military service information; education information; employment history information; and name and contact information of references from you, from your employer, and from information available as a result of a background check.
During your employment, in addition to the information collected through your job application as described above, we may collect employment related personal information, including:
In the course of your employment: We may collect your name; address; phone number; email; gender; age; salary; race / ethnicity; information for employment related taxes; Social Security number; citizenship information; veteran status; disabilities; driver’s license number; license plate number; I-9 information; emergency contact information; marital status; any information you provide when you submit a request under the FMLA or another leave, disability, or benefits law; and any other information you have chosen to provide to Optimum. We may collect this information from you or from your employer;
To provide benefits: We may collect your name; insurance plan or policy numbers; worker’s compensation claims information; and certain medical or physical conditions to provide you benefits (including personal information of family members which may be needed for benefit administration) or in the course of your employment. We may also collect this information if you ask us to assist you in locating an in-network doctor or determining insurance pricing tiers for medication. We may collect this information from you or from your employer, and sometimes you may provide your information directly to your carrier or servicer;
To process payroll: We may collect information to process payroll, including your name; date of birth; tax filing information; income and pay information; and bank account number and routing number from you or your employer.
To contact employers regarding our services: We may receive your contact information, including name, phone number, and email, from Zoom Info and HubSpot in order to provide your employer information about our services.
Vendors, suppliers, and others doing business with us may collect or receive employment related information as described above on our behalf to provide employment, benefits, or technical services to Optimum.
B. Information Collected Automatically From Your Devices
In the course of your employment, in addition to information described above, we may collect additional employment related personal information automatically from your devices, for safety, security, performance, and productivity analytics, including:
When you access Optimum information using personal devices (e.g., smartphones): We may collect your name, phone number, email address, and information about your device including identification and security status information (collected from your operating system and platform).
When you access Optimum information using a computer (e.g., Optimum-owned desktop/laptop, personally-owned computers/tablets connected via VPN): We may collect your IP address, date and timestamps of system and application activity, contents of communications made using company accounts, and Internet activity (collected from your operating system and platform).
When needed for an investigation, Optimum reserves the right to monitor your use of Optimum equipment or resources. Optimum may retrieve logs of your activities on Optimum-owned equipment, as well as your access to and use of company resources from an Optimum-owned or personal device. Optimum resources include your Optimum email account, the Optimum document management system, and your Optimum voicemail. Logs of Optimum-owned devices include your Internet usage on Optimum resources and systems, and details of your interactions with other Optimum resources and systems or information. Therefore, users have and should expect no right of privacy whatsoever regarding the use or contents of Optimum equipment or systems.
To operate our website, when you visit our website, we may collect information automatically to ensure that the site (including any third-party features) functions properly and maintains the security of our site. We may collect IP address, activity logs, certain device information, and browser information. We may also derive location information from your IP address.
When we communicate with you online, we may collect information automatically from your device or browser in order to operate the service, including IP address, device and browser information, and activity logs.
To remember your website preferences, to save you time when you visit our website by remembering your preferences, to automatically fill in forms, or to save items to your profile or account, we may collect IP address, device information, and browser information.
To learn more about how we use Cookies and Other Tracking technologies, please review our Cookie Policy. Alternatively, you can exercise your privacy choices by visiting the Making a Request section of this Policy.
C. Information From Third Parties
Vendors, Suppliers, and Others Doing Business with Us may collect or receive employment related information as described above on our behalf to provide employment, benefits, or human resources services to Optimum.
Drug and Background Testing results, which may include any of the information listed above, may be collected from the vendors we use to perform those tests on our behalf.
D. Other Ways We Use The Information We Collect
In addition to the uses we identified above, we may also use any of the information for the following purposes:
To enforce our agreements, including agreements with you when you use our website, systems, and resources;
To operate, evaluate, and improve our business, including improving and personalizing the experience for you and others, to complete and maintain records of transactions with individual employees following use of our website, systems, or resources;
For safety and security, by making sure third parties protect your information, monitoring the technical functioning and security of our network;
For legal and compliance, including complying with applicable laws, regulations, and legal obligations; and
To protect the rights or property of the Company, its employees, and people who use its website or services.
To operate our website, when you visit our website, we may collect information automatically to ensure that the site (including any third-party features) functions properly and maintains the security of our site. We may collect IP address, activity logs, certain device information, and browser information. We may also derive location information from your IP address.
When we communicate with you online, we may collect information automatically from your device or browser in order to operate the service, including IP address, device and browser information, and activity logs.
To remember your website preferences, to save you time when you visit our website by remembering your preferences, to automatically fill in forms, or to save items to your profile or account, we may collect IP address, device information, and browser information.
To learn more about how we use Cookies and Other Tracking technologies, please review our Cookie Policy.Alternatively, you can exercise your privacy choices by visiting the Making a Request section of this Policy.
2. DE-IDENTIFIED DATA
Optimum may de-identify (also known as anonymize) and aggregate data for its business purposes, including but not limited to, to improve its Services, to maintain the security and integrity of its systems, for analytics, and other legitimate business purposes. “De-identified Data” means information that cannot reasonably be used to infer information about, or otherwise be linked to a particular data subject. Where we process De-identified Data, we commit to maintain and use the information in de-identified form and not attempt to reidentify the information, except where permitted by law. Optimum may disclose De-identified Data to third parties who commit themselves to maintaining the De-identified Data in de-identified form and not attempting to re-identify the data for any business or commercial purpose.
To exercise any of these rights, please email privacy@optimumhr.net or call our Privacy Compliance Team at 888-466-5521
3. COOKIES AND SIMILAR TECHNOLOGIES
When you visit our site, we or our authorized service providers may use cookies, web beacons, and other similar technologies for storing information to help provide you with a better, faster, and safer experience for advertising purposes.
To learn more about the types of cookies we use on our site, including the types of cookies we use and how to manage your cookie preferences, please see our Cookie Policy.
Do Not Track Signals. Some web browsers allow you to turn on Do Not Track (“DNT”), which sends signals to websites you visit, telling those sites that you do not want your online activities to be tracked. Our websites currently are not designed to respond to DNT signals received from web browsers.
Category
Retention Period
Payroll & Tax Information
7 years (per IRS & state tax laws
Benefits Data
6 years (ERISA compliance)
(ERISA compliance)
5 years after termination
Background Checks
3 years
Job Applications (if not hired)
2 years
Sensitive Personal Data
Only as long as necessary for compliance & benefits
*We securely dispose of personal data once it is no longer needed.
4. HOW WE SHARE PERSONAL INFORMATION
We may share any of the above information about you with third parties for a business purpose as indicated below:
Your Employer: We may share information with your employer as needed in the course of your employment. This includes information you ask us to share with your employer, as well as information your employer needs in the course of your employment.
Service Providers: Other companies sometimes provide certain services to us or on our behalf (e.g., payroll services, leave and absence management services, maintenance or IT support, audits, brokerage services, analysis, and benefits). Unless we tell you differently or as described elsewhere in this PEO Privacy Notice, our service providers are not permitted to use your information except to assist us.
Third Parties with Whom You Direct Us to Share Your Personal Information: If you direct us to share your personal information with a third party, we will share only the information that is needed to complete your request.
Government Agencies to Whom We Report: We may share your personal information with your state’s agencies to the extent we are required to report to them on behalf of your employer.
Other Third Parties, such as consumer reporting agencies when we perform employee background checks.
Compliance with Legal Obligations: We may need to disclose certain information to auditors, government authorities, law enforcement, regulatory agencies, our legal counsel, third party litigants and their counsel, or other authorized individuals to comply with laws that apply to us, subpoenas, discovery requests, or other legal obligations such as contractual requirements.
Changes in Business Structure/Ownership: We may disclose or transfer your personal information to a third party in the event of any reorganization, merger, sale, acquisition, joint venture, assignment, transfer, or other disposition of all or any portion of Optimum’s business, assets, or ownership interest (including through bankruptcy or similar proceedings).
Optimum does not sell personal information of applicants, employees, or children to anyone and Optimum does not share personal information of applicants, employees, or children with third parties for those parties’ commercial use.
5. YOUR RIGHTS AND CHOICES
For all personal information that we collect about you, you may have the following rights or choices that we will accommodate where your requests meet legal and regulatory requirements and do not risk making our other data less secure or changing our other data. You may also designate an authorized agent to make a request on your behalf.
Know, Erase: You may have the right to know what information is being collected about you, to access your personal information, to receive a copy of your information, and to know whether your personal information is disclosed and to whom. You also may request that we erase your information. If you have questions about your information or want to ask us to erase your information, please contact us using the methods in the Contact Us section below.
Correct: You may have the right to correct inaccurate personal information we have about you. If you would like to make a request, please contact us using the methods in the Contact Us section below.
Opt Out of Sale or Sharing: You may have the right to ask us not to sell your personal information or use it for purposes of targeted advertising or profiling. We do not sell your personal information or use it for targeted advertising, but if you wish to make a request, we are happy to confirm that we do not sell your personal information.
Limit Processing of Sensitive Personal Information: Sensitive Personal Information includes your Social Security number, driver’s license number, state ID card, passport number, precise geolocation, racial or ethnic origin, union membership, and health and genetic data. You may have the right to ask us to limit our use of your Sensitive Personal Information to only what is required to accomplish the purposes we included in this privacy notice or that you reasonably expect from us as your employer. Our practice is to not process your Sensitive Personal Information except when it is necessary to accomplish the purposes disclosed in this privacy notice and in the course of your employment. However, you are welcome to make a request at any time using the methods in the Contact Us section below, and we will confirm that our processing is still limited to only what is required.
Access: If you would like to request that we provide a copy of your information to you, please contact us using the methods in the Contact Us section below.
Appeal: Where we decline to take action regarding your request to exercise any privacy right, you may have the right to appeal the decision.
Non-Discrimination: You have the right not to receive discriminatory treatment by the Company because you exercise your privacy rights. If you have any questions, please contact us using the methods in the Contact Us section below.
How to Make a Request: If you would like to make a request, please contact us using the information in the “Contact Us” section of this PEO Privacy Notice. Please include your name, email, phone number, and the specific type of request you would like to make (a request to know, erase, opt out of sale or sharing, or access).
Responding to Requests: Your request will be evaluated to determine whether the requested change meets legal regulatory requirements and does not risk making our other data less secure or changing our other data. If we aren’t able to honor any part of your request, we will tell you that in our response, as well as the reason(s) we cannot do so.
Verifying Your Identity: To protect you and your information, we may ask you to confirm certain information before we honor your request. For example, if you make a request, we will ask you to confirm your email address and phone number. For certain requests, we will use a combination of your email address, phone number, zip code, and/or birth date to verify your identity, so that we can help protect your information.
Requests by Authorized Agents: You may have the right to designate an authorized agent to make a request on your behalf. If you designate an authorized agent to make a request on your behalf, we may require you to verify your identity and provide the authorized agent’s identity and contact information to us.
Appealing Our Decision: If you disagree with a decision we make regarding your request to exercise a privacy right as described in this policy, you may contact us using the Contact Us section below. Please refer to the prior request, and include the reason for your appeal in your request.
6. CALIFORNIA PRIVACY NOTICE:
A. “LEGAL CATEGORIES” OF PERSONAL INFORMATION
Certain laws require us to tell you about the personal information we collect about you in a certain way – specifically, we need to tie it back to “legal categories” of personal information that are listed in the law. To do this, we bundled up the information we gave you above in this PEO Privacy Notice and matched the different types of personal information we collect about you with the legal category. To make things easier to understand, we’ve put this information in a chart that shows you five things:
- The legal category of personal information,
- Examples of the types of personal information included in each legal category,
- The source from which your personal information is collected,
- The purpose for why we collect and use your personal information for each legal category; and
- The business purposes for which we share your personal information and with whom.
We’ve included these things in the Personal Information Privacy Chart at the end of this PEO Privacy Notice. At the end of the Personal Information Privacy Chart, we also included a list of Information We Disclose for a Business Purpose.
B. “Shine the Light” Notice
California residents have the following additional rights regarding disclosure of your Personal Information to third parties for their own direct marketing purposes:
We provide California residents with the option to opt-in to sharing of “Personal Information” as defined by California’s “Shine the Light” law with third parties, other than with our affiliates, for such third parties’ own direct marketing purposes. We do not share Personal Information with non-affiliate third parties for their direct marketing purposes absent your consent. If you are a California resident, you may request information about our compliance with the “Shine the Light” law and/or withdraw previously given consent to sharing with non-affiliate third parties for their direct marketing purposes by contacting using the methods in the “Contact Us” section below. Requests must include “California Marketing 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, and we are not required to respond to requests made by means other than through the provided e-mail address or mailing address.
7. HOW WE PROTECT YOUR PERSONAL INFORMATION
We strive to take appropriate security measures to help safeguard your personal information from unauthorized access, disclosure, alteration, or destruction. For example, only authorized employees are allowed to access personal information, and they may only access it for permitted business functions. We also use technology to protect your information, including encrypting sensitive personal information that is transferred to or from our systems and implementing physical security measures to protect electronic and hard copy information.
While we cannot guarantee that loss, misuse, or alteration will never occur, we use reasonable efforts to prevent it. Please keep in mind that no method of storage or transmission over the Internet is completely secure, so your provision of information to us is at your own risk.
8. HOW LONG WE KEEP YOUR PERSONAL INFORMATION
We will only retain your personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
Once you are no longer an employee, worker, or contractor of the company we will retain and securely destroy your personal information in accordance with our data retention policy and applicable laws and regulations.
We cannot (fully) comply with a request to erase or delete if we have to retain your personal information for certain purposes and for a longer period due to a statutory retention period. After the retention period has expired, we will delete your personal information.
9. CHANGES TO THIS NOTICE
We reserve the right to modify or change this PEO Privacy Notice at any time, but it will be updated at least once every twelve (12) months. When we make a material change to this PEO Privacy Notice, we will change the date at the beginning of this PEO Privacy Notice.
10. Contact Us
For questions regarding this PEO Privacy Notice please contact us via email at:
Email: privacy@optimumhr.net
Phone: 888-466-5521
Personal Information Privacy Chart
Category
Types of Information Collected
Source
Purpose for Collection
Sharing with Third Parties for Business Purposes
A. Identifiers.
Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
- Directly from you
- Automatically from your devices
- From third parties
- From your employer
- Job applications
- Payroll
- Course of Employment
- Employee benefits
- Background checks
- Employer Request
- Service Providers
- Third Parties as Directed
- Other Third Parties
- Government Reporting
- Your Employer
- Legal Obligations
- Changes in Business Structure / Ownership
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories.
- Directly from you
- From third parties
- From your employer
- Job applications
- Payroll
- Course of Employment
- Employee benefits
- Background checks
- Employer Request
- Service Providers
- Third Parties as Directed
- Other Third Parties
- Government Reporting
- Your Employer
- Legal Obligations
- Changes in Business Structure / Ownership
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
- Directly from you
- From third parties
- From your employer
- Job applications
- Course of Employment
- Employee benefits
- Employer Request
- Service Providers
- Third Parties as Directed
- Other Third Parties
- Government Reporting
- Your Employer
- Legal Obligations
- Changes in Business Structure / Ownership
D. Commercial information
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Not collected
Not collected
Not collected
E. Biometric information
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Not collected
Not collected
Not collected
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
- Automatically from your devices
- Course of Employment
- Cookies / Marketing
- Service Providers
- Legal Obligations
G. Geolocation data
Physical location or movements
Not collected
Not collected
Not collected
H. Sensory data
Audio, electronic, visual, thermal, olfactory, or similar information.
Not collected
Not collected
Not collected
I. Professional or employment-related information.
Current or past job history or performance evaluations.
- Directly from you
- From third parties
- From your employer
- Job applications
- Employer Request
- Service Providers
- Third Parties as Directed
- Other Third Parties
- Government Reporting
- Your Employer
- Legal Obligations
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records
Not collected
Not collected
Not collected
K. Inferences drawn from other Personal Information
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
Not collected
Not collected
Not collected
L. Sensitive Personal Information as defined in § 1798.140(ae) of the California Privacy Rights Act
Social Security number, driver’s license number, state ID card, passport number, precise geolocation, racial or ethnic origin, union membership, and health and genetic data.
- Directly from you
- From third parties
- From your employer
- Job applications
- Payroll
- Course of Employment
- Employee Benefits
- Background Checks
- Employer Request
- Service Providers
- Third Parties as Directed
- Other Third Parties
- Government Reporting
- Your Employer
- Legal Obligations
- Changes in Business Structure / Ownership
*We may also collect employee information to comply with applicable law or regulatory requirements or legal requests.
Categories of Personal Information Disclosed for a Business Purpose
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
- Category A: Identifiers
- Category B: California Customer Records Categories
- Category C: Protected Classifications
- Category F: Internet / Network Activity
- Category I: Professional or Employment-Related Information
- Category L: Sensitive Personal Information
