OPTIMUM PEO PRIVACY NOTICE

Last updated July 2020

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 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.

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. 

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.


HOW WE MAY USE YOUR INFORMATION

When we collect and use your information, we take your privacy and security very seriously.

We collect the personal information as described above for the following purposes, when permissible under applicable law: 

 

Category Types of Information Collected Purpose for Collection
A. Identifiers. Real name, alias, postal address, email address, Social Security number, driver’s license or state identification card number, or other similar identifiers. Job applications

Payroll

Course of Employment

Employee benefits

Background checks

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Name, signature, Social Security number, address, telephone number, driver’s license or state identification card number, insurance policy number, education, employment history, bank account number and routing number, any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

Job applications

Payroll

Course of Employment

Employee benefits

Background checks

C. Protected classification characteristics under California or federal law. Age, race, color, citizenship, marital status, medical condition, physical or mental disability, sex, and veteran or military status. Job applications

Course of Employment

Employee benefits

D. Professional or employment-related information. Current or past job history or performance evaluations. Job applications

 

We may also collect employee information to comply with applicable law or regulatory requirements or legal requests.

 

HOW WE SHARE 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.

Affiliates: We may share your personal information with our subsidiaries, affiliates, and third parties.  If we share your information, we will share only the information that is necessary and we will take reasonable steps to make sure that our affiliates take prudent steps to protect your information.

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 applicants’ or employees’ personal information to anyone and Optimum does not share applicants’ or employees’ personal information with third parties for those parties’ commercial use.

 

HOW WE HAVE DISCLOSED YOUR PERSONAL INFORMATION FOR BUSINESS PURPOSES

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 personal information categories

Category C: Protected classification characteristics under California or federal law

Category D: Professional or employment-related information

We disclose your personal information for a business purpose to the following categories of third parties:

Service providers:  others who provide services to us or on our behalf.

Third parties with whom you direct us to share your personal information:  others with whom you have asked us to share your information.

Other third parties, such as consumer reporting agencies to conduct employment background checks.

 

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.

 

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 inform you by email.

 

CONTACT US

For questions regarding this PEO Privacy Notice please contact us via email at privacy@optimumhr.net.

ABOUT OPTIMUM

We were founded with the goal of helping small businesses survive, thrive, and compete for the best talent by giving them access to resources and benefits typically only found at large companies.