PRO Unlimited, Inc. and RightSourcing, Inc.

Privacy Notice – PeopleSoft eBenefits Application and Employee Hub

(Updated September 17, 2021)

PRO Unlimited, Inc. and RightSourcing, Inc. (“PRO”) is committed to protecting the privacy of the users of the PeopleSoft eBenefits application (“eBen”) and The Employee Hub (collectively “users” or “data subjects). The purpose of this form is to explain what data we collect, the purposes for which it is processed and used, the lawfulness of processing and the rights that data subjects have with respect to this data

PRO adheres to the following:

We collect, retain and use personal data for our professional business purposes only. We limit the information we collect to that which we believe is appropriate and necessary to manage user needs, provide our services and comply with applicable laws.

We strive to maintain the accuracy of personal data.

Our employees are required to protect personal data on our system. We have internal policies and programs designed to protect personal data.

We limit the internal and external disclosure of personal data.

We do not share personal data with any third parties, except as set forth below.

Categories of Information Collected and Processed

eBen is a self-service web-based application that interacts with the PeopleSoft Human Resources system. Employees use eBen to review, add, and update their compensation and benefits information. This may include review and communication of employee benefit choices, and information related to health-related benefits, saving or retirement plans, life insurance, beneficiary designation, and flexible spending accounts.

The Employee Hub is a self-service web-based application that interacts with the PeopleSoft Human Resources Time and Labor/Absence Management system. Employees use it to review, add, and update their hourly work time and their paid time off request information.

Personal Data: PRO collects personal data including:

Names and contact data may include your first and last names, personal and/or professional email addresses, physical addresses, phone numbers, and emergency contact information.

National identifiers such as your national identification, citizenship, residency, social security number, or other government identification number, which may be used for tax compliance and eligibility for benefits.

Employment Information such as your work location, hire date, date of termination, details of compensation and benefits and bank details. This Information may be used for, among other things, compensation and benefits administration.

Family Information such as your marital status, the names of your spouse and any dependents, dates of birth and contact information for the family members, which may be used for benefits administration.

Financial Information such as tax details, compensation, retirement account information, and other data required for payroll, benefits, and tax administration.

The Reasons We Process Your Personal Data

We collect and process personal data for the following purposes:

● Processing is necessary for the legitimate interests pursued by PRO or its clients, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.

For example, PRO, its clients, and its employees have a legitimate interest in ensuring the compensation, benefits, and tax records of employees are accurate, and retained as required by law.
We may also collect and use your personal data when necessary for other legitimate interests, such as general business management and operation (such determining suitability and fitness to render services to our client(s), disclosures for auditing and reporting purposes, internal investigations, management of network and information systems security and business operations, provision and improvement of employee services, physical security and to protect the life and safety of employees and others.

● As necessary for the creation and performance of an employment contract or working relationship between you and PRO or its client.

● We may use your personal data to comply with the law, including collecting and revealing personal data as required (e.g., tax law compliance), to respond to judicial authorities, or to exercise or protect PRO's and/or its client's legal rights.

Failure to provide your personal data when requested may prevent us from being able to carry out these tasks and/or comply with our legal obligations.

We will only use your personal data for the purposes for which it was collected, unless we reasonably consider that we need it for another purpose that is compatible with the original purpose and there is a legal basis for further processing.

PRO does not:

Use the data collected in any form of automated decision-making.
Collect or process “special categories of personal data” as that term is used in the EU General Data Protection Regulations (GDPR), Article 9 without your consent, e.g., we generally do not collect or process data revealing the user’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data, or data concerning user sex life or sexual orientation. If we have reason to collect such data, we will ask for your consent before collecting it.
Collect or process personal data of persons who are less than 16 years old.

How We Share Personal Data

For the purposes described in this Notice, PRO may disclose the personal data of users:

To any of our related PRO companies (including PRO Unlimited, Inc. and RightSourcing, Inc.);
To third parties who provide PRO with legal and accounting advice, or who provide or administer our insurance, retirement funds, and employee benefits;
To third party contractors who perform services on our behalf, such as reviewing and developing our business systems, procedures and infrastructure (including testing or upgrading our computer systems);
For contingent workers, to any PRO client for whom you may provide services;
To government agencies or individuals appointed by a government responsible for the investigation and resolution of disputes or complaints;
To comply with our legal obligations, regulations or contracts, or to respond to a court order, administrative or judicial process, such as subpoena, government audit or search warrant;
As required to create, exercise, or defend against future, threatened, or actual legal action (such as with adverse parties and the court in litigation);
Wherever it is important to protect PRO, its client, your vital interests (such as safety and security), or the interests of another individual;
In connection with the sale, assignment or other transition of all or part of our business such as to a potential purchaser and its legal/professional advisors); or
Otherwise in accordance with your consent.

Security of Your Personal Data

PRO is committed to keeping your personal information secure. To help protect your personal data from unauthorized access, use, or disclosure, we employ a range of security technologies and procedures. For example, we store your personal information on computer servers with restricted access that are housed in secure facilities, and we encrypt some highly confidential or sensitive personal information when we send it.

Where We Store and Process Data

PRO and its clients work on a global scale, so personal data may be transmitted to countries other than those where it was obtained. Since we are based in the United States, we regularly move information gathered in other countries to the United States for processing. We will ensure that the transfer of your personal data to another country complies with all relevant laws and regulations.

To make eBen and The Employee Hub work properly, we sometimes place small data files called cookies on your device. Most big websites do this too.

What are cookies?

A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another.

How do we use cookies?

eBen and The Employee Hub uses the following cookies:

Google Analytics

Google Analytics uses cookies to measure user-interactions. Google Analytics is a simple, easy-to-use tool that helps PRO Unlimited measure how users interact with content. As a user navigates between pages, Google Analytics provides us with JavaScript tags (libraries) to record information about the page a user has seen, for example the URL of the page. The Google Analytics JavaScript libraries use HTTP Cookies to "remember" what a user has done on previous pages / interactions with eBen or The Employee Hub.

ReCAPTCHA

reCAPTCHA helps protect websites and apps from spam and abuse by keeping automated software out of the website. It does this by collecting personal information about users to determine whether they’re humans and not spam bots. reCAPTCHA checks to see if the computer or mobile device has a Google cookie placed on it. A reCAPTCHA-specific cookie gets placed on the user’s browser and a complete snapshot of the user’s browser window is captured. Browser and user information collected includes: All cookies placed by Google in the last 6 months, CSS information, the language/date, Installed plug-ins, and all JavaScript objects.

Other Cookies

We also use cookies for session tracking. When a user logs into eBen or The Employee Hub, a session for the user starts. Cookies are used for the purpose of letting eBen or The Employee Hub know that the user is already authenticated. A session expires when the user logs out or is inactive for 30 minutes.

How to control cookies

You can control and/or delete cookies as you wish – for details, see www.aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.

PRO does not track its users when they cross to third party websites, and does not use targeted advertising, and therefore does not respond to Do Not Track signals.

For Residents of the European Union, United Kingdom, European Economic Area and Switzerland

With respect to the personal data of individuals in the European Union, United Kingdom, European Economic Area and Switzerland, please see Appendix A below.

For Residents of California

With respect to the personal data of California residents, please see Appendix B below.

For Residents of the United States

With respect to the personal data of United States residents, please see Appendix C below.

Our Retention of Personal Data

Personal data will be stored according to the applicable laws or regulatory requirements and kept as long as is necessary to fulfill the purposes for which it was collected. Generally, this means that your personal data will be retained as documented in our corporate data retention schedule, contracts, and applicable supplemental documents.

Updates and Changes to this Privacy Notice

We will update this document if our privacy policies change so that you are aware of what information we gather, how it is used, and under what conditions it may be revealed. PRO reserves the right to alter, amend, or adjust this Notice at any time and without notice. This Notice is effective as of the date that appears at the top of this document. In the event of any questions about our privacy policies or related matters, please contact us at privacy@prounlimited.com.

Appendix A: For Residents of the European Union, United Kingdom, European Economic Area and Switzerland

With respect to the personal data of individuals in the European Union, United Kingdom, European Economic Area and Switzerland, PRO has contracts with Model Contractual Clauses in place with clients, staffing suppliers and others that serve as the mechanism for the lawful transfer of personal data from those regions to other countries such as the United States.

PRO also complies with the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, the United Kingdom, and/or Switzerland, respectively, to the United States. (However, PRO does not rely on the EU-U.S. Privacy Shield Framework as a legal basis for transfers of personal data in light of the judgment of the EU Court of Justice in Case C-311/18.) PRO has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

Recourse, Enforcement and Liability

PRO is subject to the jurisdiction of the United States Federal Trade Commission, which has the right to enforce PRO’s compliance with the Privacy Shield Programs.

a. EU- US Privacy Shield: PRO has further committed to cooperating with EU and UK data protection authorities (“DPAs”) with regard to unresolved EU- US Privacy Shield complaints concerning personal data transferred from the EU as described below. If a data subject does not receive timely acknowledgment from us of their complaint, or if we have not addressed the complaint to their satisfaction, they should contact the EU or UK DPAs (as applicable) for more information or to file a complaint. The services of the EU and UK DPAs are provided at no cost to data subjects.

b. Swiss- US Privacy Shield: PRO is also committed to cooperating with the Swiss Federal Data Protection and Information Commissioner. When covering non-HR data received from Switzerland, PRO is committed to cooperating with and complying with the advice of the Commissioner.

c. PRO is committed to cooperating with the EU and UK DPAs and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and complying with the advice given by such authorities with regard to human resources data transferred from the EU, UK and/or Switzerland in the context of the employment relationship.

d. In compliance with Privacy Shield Principles, PRO commits to resolve complaints about our collection or use of your personal information. EU, UK and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact PRO at:

PRO Unlimited, Inc.

Email: privacy@prounlimited.com

1150 Iron Point Road, Ste. 100

Folsom, CA 95630

United States

Our EU representative for GDPR compliance purposes may be contacted at:

PRO Unlimited Global Netherlands BV

Kranenburgweg 135-A, 2583 ER

The Hague

Netherlands

If you do not receive timely acknowledgement of your complaint from us, or if we have not addressed your complaint to your satisfaction, you can at any time lodge a complaint with the data protection authority of the EEA country where you live or with the data protection authority of the country or state where the PRO controller that collected your personal data has its registered seat. A list of the national data protection authorities can be found here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

Under certain conditions, you may invoke binding arbitration for complaints regarding Privacy Shield compliance that are not resolved by following the above complaint procedures. More information on binding arbitration can be found here: https://www.privacyshield.gov/article?id=ANNEX-I-introduction

Your Data Subject Rights

EU and UK candidates, contingent workers, and employees (including individuals working in the EU and UK, or in some circumstances individuals who normally reside in the EU or UK who are working abroad) may have certain rights under applicable data protection laws, including the EU General Data Protection Regulation and local legal implementation of that Regulation. This includes the rights to:

● Make a request for access to and a copy of your personal information;

● Request the rectification (or correction) of any incorrect personal data;

● Request the erasure (or deletion) of personal data that is no longer needed to serve the purposes for which it was obtained, or that PRO or its client does not need to keep for other legitimate purposes.

● Restrict or object to your personal data being processed; and

● Request that your personal data be ported (transferred) to another organization.

These rights can be applied differently depending on the type of data involved and PRO's specific legal justification for processing personal data.

Please contact privacy@prounlimited.com if you want to exercise one of the above privileges. Any requests will be considered and responded to in compliance with relevant data privacy laws. Please be aware that we may ask you for detailed details in order to verify your identity and right of access, as well as to search for and provide you with the personal data we have about you. We may charge you a fair fee to access your personal data in limited circumstances; however, we will notify you of any fees in advance.

You have the right to revoke your consent at any time if we are depending on your consent to process your personal data. Please notice, however, that the lawfulness of the processing prior to the revocation of your consent will not be affected.

EU and UK applicants, contingent workers, and employees (including those working in the EU and UK, as well as those who usually reside in the EU or UK but are working abroad) can also contact the Data Protection Officer at the following address with questions about how we handle personal data:

PRO Unlimited, Inc.

1150 Iron Point Road, Ste. 100

Folsom, CA 95630

United States

Email: privacy@prounlimited.com