Employee Privacy Policy

PRIMAL PET FOODS, INC., a California corporation

EMPLOYEE, FORMER EMPLOYEE AND APPLICANT PRIVACY POLICY/NOTICE OF COLLECTION OF PERSONAL INFORMATION FOR EMPLOYMENT PURPOSES

Last updated:  March 20, 2023

SECTION 1 -- SCOPE OF THIS POLICY/NOTICE

This Employee, Former Employee And Applicant Privacy Policy/Notice of Collection of Personal Information for Employment Purposes (“Privacy Policy/Notice”) governs both existing and former California employees of Primal Pet Foods, Inc., a California corporation (“Primal”), as well as California applicants for employment.

This Privacy Policy/Notice is supplemented by Primal’s Employee Handbook, CA Hourly & Salaried Employees, January 2019 (“Employee Handbook”).  The Employee Handbook addresses, in addition to many other subjects, privacy-related issues such as employee access to personnel files, personnel information changes, employee reference checks, workplace monitoring, company property, employee property, technology systems policies and drug and alcohol use policies.  The Employee Handbook is an important document that may affect your legal rights.  Read it carefully and contact Primal with any questions.

Except as may be provided by applicable law, nothing in this Privacy Policy/Notice is intended to alter any rights or protections that any employee, former employee, or applicant may have under applicable law such as, in example, the California Labor Code.  Please also note that the laws that may govern a specific employment matter or situation may in some cases provide greater or lesser rights or protections than might otherwise appear to be provided by this Privacy Policy/Notice.  In such a case, your related rights or protections may be greater or lesser than as may appear from this Privacy Policy/Notice.

SECTION 2 -- WHAT CATEGORIES OF PERSONAL INFORMATION (INCLUDING “SENSITIVE” PERSONAL INFORMATION) DOES PRIMAL COLLECT AND WHAT CATEGORIES OF PERSONAL INFORMATION SOURCES ARE UTILIZED?

When you communicate with Primal regarding any aspect of your employment with Primal, your former employment with Primal, or prospective employment with Primal, whether through Primal’s or a third-party’s (including a third-party service provider’s) website, app (if any), by email, text or other electronic means, or in writing, by phone or in person, Primal or a third-party (including third-party service providers) may collect personal information, including “sensitive” personal information.  When you share personal information, including “sensitive” personal information, directly with such a third-party (including a third-party service provider), Primal may then access your personal information, including “sensitive” personal information, from that third-party (including a third-party service provider).  Personal information, including “sensitive” personal information, may be collected across all electronic and non-electronic devices and platforms and by all other means.

The categories of personal information and “sensitive” personal information which Primal or a third-party (including third-party service providers) may collect include, without limitation:

Identifiers, Contact, Employment, Commercial and Financial Information:  Such information may include your name, address, previous addresses, phone number, email address, bank account information, social security number and information, tax information, employment, education and salary history, history of employment with Primal (and Primal affiliates), your relatives’ history of employment with Primal (and Primal affiliates), reference information, former name history such as a maiden name or a legal name that was changed, driver’s license information, other governmental identification information, employment identification documents for purposes of completing USCIS Form I-9 including but not limited to U.S. passport, employment authorization card, permanent resident card, and birth certificate information, medical and insurance information, physical and work abilities, characteristics and traits information, gender, age, race and ethnicity information, veteran information including classifications, disability information, emergency contact information, biometric fingerprint and iris capture information, geo-tracking location information, and the like.

Device and Technical Information:  Such information may include computer, mobile device, landline phone, internet, network or other electronic information such as internet protocol (IP) addresses and operating system, web browser, cookie, beacon, and similar technical data, without limitation, URLs, referring URLs, browsing history (including dates), search terms used, the history and manner of your use of Primal’s and third-party (including third-party service providers’) website(s), data regarding your interactions with Primal and third-parties (including third-party service providers), emails, texts, geolocation data, and the like.

Public Source Information:  Such information may include that which is available from public sources, including governmental sources, internet service providers, social media, data brokers, and the like.

Other Information You Provide by Email, Texts, In Person, Written or Telephonic Communications:  Such information may include any that you provide voluntarily to Primal or a third-party (including third-party service providers).

SECTION 3 -- WHAT IS PRIMAL’S PURPOSE IN COLLECTING YOUR PERSONAL INFORMATION (INCLUDING “SENSITIVE” PERSONAL INFORMATION), AND WHAT DOES PRIMAL DO WITH IT? 

Primal collects your personal information, including “sensitive” commercial information,  to use it for all aspects of your employment, former employment, or prospective employment with Primal.  That includes, without limitation, maintaining your employment file, tracking your hours, paying you, administering local, state and federal governmental entities’ information collection practices (including without limitation entities such as OSHA, Cal-OSHA, Cal-EDD, Cal-DFEH, Cal-FTB, the federal Department of Labor, the USCIS (e-verify), the Social Security Administration and the Internal Revenue Service), administering employment benefits, monitoring employee performance, making hiring, discipline and termination decisions, administering employment status changes such as promotions, demotions and the like, auditing employment, employees, employment and USCIS I-9 practices, performance, needs and costs, security, emergency medical purposes, applying for company credit cards, auditing motor vehicle usage, enforcing Primal’s legal rights, and the like.  Primal retains your personal information for so long as may be required to accomplish such purposes and/or as may be required by applicable law.  Primal does not sell your personal information, including your “sensitive” personal information.  Primal affiliates do not share personal information, including “sensitive” personal information, for purposes other than those described in this Privacy Policy/Notice. Primal affiliates do not, as of the publication date of this Privacy Policy/Notice, have actual knowledge of the collection, sale or sharing of personal information, including “sensitive” personal information, belonging to minors. Primal affiliates do not employ or collect employment-related information from persons under 18 years of age.

SECTION 4 -- WHAT CATEGORIES OF PERSONS OR ENTITIES DOES PRIMAL SHARE (DISCLOSE) YOUR PERSONAL INFORMATION (INCLUDING “SENSITIVE” PERSONAL INFORMATION) WITH?; THIRD-PARTY SERVICE PROVIDERS

In utilizing your personal information, including “sensitive” personal information, as described above, Primal may share it with (i.e., disclose it to) third-parties (including third-party service providers), including Primal affiliates, involved in employment administration, accounting, payments and similar employment-related activities such as employment job boards, Primal’s employee benefits providers and insurers, and local, state and federal governmental entities, including law enforcement agencies, as indicated above.  Primal may also share your personal information with entities such as financial institutions including banks and business support providers (including third-party service providers) of things like Domain Name Service and website administration, support and security services, without limitation.

Some third-parties, whether third-party service providers or not, may also share or sell your personal information subject to their own privacy policies.  Primal is not responsible for third-parties’ privacy (including data sharing and selling) policies or practices.  Also, remember that third-parties, whether third-party service providers or not, may be located in or have facilities that are located in a different jurisdiction than either you or Primal.  So, if you elect to proceed with an employment-related transaction, which may involve a third-party (including a third-party service provider), then your personal information may become subject to the laws of the jurisdiction(s) in which that party or its facilities are located or which govern their activities.  If Primal is acquired or merged with another company, your personal information may be transferred to the new company.  Also remember that if you leave Primal’s website or are redirected to a third-party website or application (including a third-party service provider’s), you may no longer be covered by this Privacy Policy/Notice.

SECTION 5 -- DISCLOSURES REQUIRED OR ALLOWED BY LAW

Primal may disclose your personal information, including “sensitive” personal information, as required or allowed by law.

SECTION 6 -- CONSENT & WITHDRAWAL OF CONSENT & USE LIMITATIONS; YOUR RIGHTS TO REQUEST PERSONAL INFORMATION (INCLUDING “SENSITIVE” PERSONAL INFORMATION) OR TO CHANGE, DELETE OR LIMIT DISCLOSURE OF SUCH PERSONAL INFORMATION; CONTACTING PRIMAL TO DO SO

When you provide Primal or a third-party (including third-party service providers) with personal information, including “sensitive” personal information, for employment, past employment, or prospective employment purposes, we infer that you consent to it collection and use as described above and that you are directing Primal or a third-party (including third-party service providers) to do so.

Under California law, only to the extent that it may be applicable, employees, former employees and employment applicants (or their authorized agents) have several rights related to their personal information, including “sensitive” personal information.  These include:

(i) the right to opt-out of Primal’s sale (if any) or sharing of certain personal information;

(ii) the right to limit Primal’s use of certain “sensitive” personal information;

(iii) the right to know what personal information, including “sensitive” personal information, by category, by source and by item, Primal may collect and who it is sold to (if anyone) or shared with;

(iv) the right to know what purposes Primal may use personal information, including “sensitive” personal information, for; and

(v) the right to change, correct, delete and receive copies of personal information, including “sensitive” personal information.

Certain restrictions may apply to any such requests.  Any such requests must be verifiable as being made by the actual individual in question (or by an authorized agent).  Any verified request for action regarding your personal information, including “sensitive” personal information, shall also be shared with applicable third-parties (including third-party service providers), if any.

Also under California law, only to the extent that it may be applicable, you must also agree in advance (“opt-in”) to Primal’s collection, use and disclosure of personal information, including “sensitive” personal information, obtained specifically for any financial incentive given to you in exchange and you also have the right to withdraw your consent to Primal’s use of your personal information, including “sensitive” personal information, given in exchange for any financial incentives at any time.

Also under California law, only to the extent that it may be applicable, employees, former employees and applicants for employment have the right not to be discriminated against based on the exercise of any of their privacy rights or choices.

To provide or withdraw consent to any service or action (i.e., to “opt-in” or “opt-out”), to stop or limit the sale (if any), sharing or use of personal information, including “sensitive” personal information, to ascertain what categories of personal information, including “sensitive” personal information, Primal may have, what purposes it is used for, and what categories or persons or entities with whom Primal may have sold (if at all) or shared such information with, to obtain items of personal information, or to request that Primal change, correct or delete personal information, please click on the appropriate “Do Not Sell Or Share My Personal Information” or “Limit The Use Of My Sensitive Personal Information” links or email your other request to the Primal’s Human Resources Department through this link [email protected] or contact Primal by telephone at (866) 566-4652.  Primal will respond within 10 days and strive to resolve all requests within 45 days.  Primal also uses automatic opt-out recognition software so that you may opt-out of the sale (if any) or sharing of personal information or limit the use of “sensitive” personal information in that manner as well.

To protect you and all employees, former employees and employment applicants, and as indicated above, Primal will have to verify your identity (and any agent’s identity and authority) before disclosing, changing, ceasing or limiting the disclosure of or deleting any personal information, including “sensitive” personal information.  Generally, this may be done using information Primal already has, from public information and/or by asking you for verifying information including unique identifiers and two-factor identifying information.  Primal may also require written and signed consumer authorization or a legal power of attorney in the event of an agent request.

SECTION 7 -- SECURITY

Primal takes commercially reasonable precautions to help protect personal information, including “sensitive” personal information, from inappropriate destruction, loss, access, disclosure or misuse.  Please note that Primal does not believe that any method of transmission over the internet or of electronic storage is 100% secure and so cautions you so that you may make more informed privacy choices.

SECTION 8 -- COOKIES

Primal or third-parties (including third-party service providers) may use cookies in connection Primal’s website.  The cookies that Primal uses or understands are used in connection with its website are, generally, used for purposes such as user and session identification, session data storage (e.g., referrer, landing page), token identification, login, password security, payment security, website site security, number of visits, cart information, purchase transactions, website, session and purchase analytics, embedded video view tracking, ad tracking across time and platforms, and geolocation.  Primal discloses cookie use in connection with its website to help you choose if you want to block cookies or use similar “do not track” type settings, or not.  Again, Primal is not responsible for third-party privacy policies or practices.

SECTION 9 -- AGE OF CONSENT

By applying for, accepting or continuing employment with Primal, you represent that you are at least 18 years of age as of the date you submit your employment application.

SECTION 10 -- CHANGES TO THIS PRIVACY POLICY/NOTICE

Primal reserves the right to modify this Privacy Policy/Notice at any time, so please review it frequently.  Changes will be posted on Primal’s website and will take effect immediately upon their posting.  Changes to the Privacy Policy/Notice effective date typically mean that the Privacy Policy/Notice terms have changed.

SECTION 11 -- QUESTIONS AND CONTACT INFORMATION

If you have any questions about this Privacy Policy/Notice, please contact the Primal Human Resources Department at [email protected] or by telephone at (866) 566-4652.