California Consumer Privacy Notice Act Workforce Privacy Notice
Last Updated: July 1, 2023
I. Introduction and Defined Terms
The California Consumer Privacy Act as amended by the California Privacy Rights Act (collectively, the “CCPA”) obligates covered businesses to disclose to individuals that are California residents at or before the point of collecting Personal Information, the categories of Personal Information to be collected, and the purposes for which the categories of Personal Information shall be used. Lawrence Livermore National Security (“LLNS”), which manages and operates the Lawrence Livermore National Laboratory (“LLNL”) on behalf of the United States Department of Energy/National Nuclear Security Administration (“DOE/NNSA”) under a contract, collects Personal Information from its workforce in order to conduct business and comply with federal, state, and local government regulations. This notice applies to the Personal Information of employees, job applicants, contractors, interns, and other individuals who perform work for LLNS.
“Personal Information” is any information that we can reasonably use to identify you, including information that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular individual or household. Personal Information includes “Sensitive Personal Information” as defined below.
“Sensitive Personal Information” includes special categories of Personal Information, including but not limited to, a social security number, a driver’s license number, a passport number, an account login, a password, a precise geolocation, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, and data concerning health.
II. Personal Information That We Collect
In the course of your application for employment and any employment with LLNS, we may collect different types of Personal Information. The nature of the information collected varies somewhat for each employee, depending on the applicable role and employment responsibilities, your citizenship, the location of the facility where you work, and other factors. Generally, we collect Personal Information directly from you in circumstances where you provide such data. However, in some instances, the Personal Information we collect has been provided by other means including your interactions with us and by third parties (e.g., employer organizations, insurance companies, public records, and government agencies).
Data collected may include, without limitation, such things as:
- Names, nicknames, and other unique identifiers
- Educational, professional, and work history
- User ID(s)
- Phone number(s)
- Email address (es)
- Mailing address(es)
- Banking and other financial data
- Government identification numbers, e.g., Social Security number, driver’s license number and other unique identifiers.
- Date of birth
- Gender, race, and ethnicity and other demographic information
- Internet or other electronic network activity information
- Vehicle information
- Health and disability data
- Biometric data such as fingerprints or thumbprints
- Family-related data, e.g., marital status, family member information
- Personal and health-related data for you and your family
- Trade union data
- Payroll, benefits, and retirement information
- Emergency contacts
- Work permit status
- Military status
- Passport and visa information
- Airline, rental car, and hotel account/membership information
- Retirement account information
- Date of hire, date(s) of promotion(s), work history, technical skills, educational background, professional certifications and registrations, language capabilities, and training records
- Physical security system information including security camera footage and building and site ingress and egress information
- Information concerning participation or funding in foreign government programs
- Physical limitations and special needs in order to provide reasonable accommodations
III. How We Use or Disclose Collected Personal Information
The purposes we may use or disclose the Personal Information we collect from you or about you include, but is not limited to:
- To fulfill or meet the purpose for which you provided the information. For example, if you share your name and contact information to apply for a job or become an employee, we will use that Personal Information in connection with your employment or potential employment.
- For purposes related to your employment, including onboarding, conducting background and security checks, managing the employment relationship, including payment of wages, maintenance of time records, direct deposit authorizations, providing health and welfare benefits, withholding of taxes, arranging for business travel, reviewing motor vehicle driving records, arranging for travel, and preparing legally required records such as I-9 and EEO-1 forms.
- Health-related services, including conducting pre-placement and employment-related medical screenings for return to work processes and medical case management needs, determining medical suitability for particular tasks, providing first aid in response to workplace injuries, identifying health needs of employees to plan and provide appropriate services, operating sickness policies and procedures, and providing guidance on travel.
- To create, maintain, customize, and secure your information or account with us.
- We use your Personal Information to identify you and to communicate with you.
- We collect, store, analyze, and internally share Personal Information in order to attract, retain and motivate a highly qualified workforce. This includes recruiting, compensation planning, succession planning, reorganization needs, performance assessment, training, employee benefit administration, and compliance with applicable legal requirements.
- Personal Information is used to run our business operations including, for example, scheduling work assignments, managing company assets, and populating employee directories. Information may also be used to comply with government regulations.
- Human Resources functions such as administration of medical, dental, optical, commuter, and retirement benefits, including recording and processing eligibility of dependents, absence and leave monitoring, and insurance and accident management.
- To comply with government regulations and contract obligations.
- To protect the rights, property, or safety of LLNS, our employees, or others.
- Carrying out of employment surveys, such as to manage and improve business processes (for example, recruitment, or workforce planning).
- To contact you and to inform you about benefits or information relating to your employment or potential employment.
- Internal investigations, including evaluating any potential violations of laws, regulations, LLNS policy, or Department of Energy order.
- To create, maintain, customize, and secure your information or account with us.
- To courts, law enforcement, governmental or public authorities, if we are required or permitted to do so by law or where disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with a valid legal request or to respond to claims asserted against us, or (iii) to respond to a valid legal request relating to a criminal investigation to address alleged or suspected illegal activity, or to respond to or address any other activity that may expose us, you, or any other of our users to legal or regulatory liability.
We may also disclose your Personal Information to a third party for a business purpose, including to our service providers. We may disclose and share your Personal Information with the following categories of third parties:
- Service providers, including our recruiting platform, background check vendor and consumer reporting agencies, health and welfare benefits providers, and travel vendors.
- Third parties with whom you direct us to share your Personal Information, such as your bank for direct deposit authorizations.
- To a successor managing and operating (M&O) contractor in the event that LNS ceases to be the management and operating contractor for LLNL.
- Government agencies, to the extent required by law, regulation, or Order.
LLNS acts to protect your Personal Information by using reasonable security measures to protect and safeguard Personal Information. LLNS does not sell your Personal Information.
IV. Your Privacy Rights Under the CCPA
The CCPA provides you with privacy rights as to information about you which LLNS may maintain. These rights include:
Right to Know
You have a right to submit a verifiable request for copies of your Personal Information that LLNS has held over the past 12 months, free of charge, including:
- The categories of Personal Information that we have collected.
- The categories of sources from which we collected Personal Information.
- The business or commercial purpose for collecting, selling, or sharing Personal Information.
- The categories of third parties to whom we disclose Personal Information.
- The specific pieces of Personal Information we have collected.
Right to deletion
At your request, we will delete your Personal Information unless we need to keep such information for legal purposes and/or to provide services or further the relationship with us that you have requested, including, but not limited, to your role as an employee or other employment or business relationship.
Right to opt out of sale or sharing
Subject to certain business and legal exceptions, you may request that we stop selling or sharing your Personal Information for cross-context behavioral advertising. However, as noted above, LLNS does not sell nor disclose Personal Information for cross-context behavioral advertising.
Right to correct
We will use commercially reasonable efforts to comply with your request to correct any inaccurate Personal Information.
Right to limit the use and disclosure of Sensitive Personal Information
Subject to certain business and legal exceptions, you may request that we limit the use and disclosure of Sensitive Personal Information.
Right to data portability
At your request, and subject to certain exceptions, we will provide you free of charge with any of your Personal Information that we hold, and will provide it in a structured, commonly used and machine-readable format.
Right to nondiscrimination
You are entitled to exercise the rights described above free from discriminatory treatment prohibited by the CCPA.
We will keep the information we collected as described in this Privacy Notice only for as long as we believe that we need it for the purposes we have collected it, to meet our legal obligations (including meeting preservation obligations set by law and applicable retention policies), to resolve disputes, maintain security, prevent fraud and abuse, enforce our agreements with you, or otherwise fulfill a legitimate business interest.
VI. Changes to this Privacy Notice
We reserve the right to modify this Privacy Notice at any time in accordance with applicable law. If we do so, we will post the revised Privacy Notice and update the “Last Updated” date at the top of this page. Your provision of Personal Information to use after any change in this policy will constitute your acceptance of such change.
VII. Exercising Your Rights and Contact Information
We will respond to permitted requests, including those from an authorized agent, in accordance with applicable laws if it can verify the identity of the individual submitting the request. You can exercise your rights under the CCPA, or provide your questions or concerns about LLNS’s privacy policies and information practices, by contacting LLNS hr-employee-records [at] llnl.gov (by email) or by calling 925-422-9348. For further information or questions about the CCPA, please send an email to privacy [at] llnl.gov (privacy[at]llnl[dot]gov).