This Privacy Notice for California Consumers (“Notice”) reflects our understanding of the law and our data practices as of the effective date noted above. It is noted that as of the effective date of this Notice, the CCPA regulations were not final and there are differing interpretations of the regulations, their applications, and applicable exemptions. As a result, we may update the information in this Notice and other notices as needed. We may also alter the method(s) for making requests or how we respond to requests.
This Notice covers the collection, use, disclosure, sale of Consumers’ Personal Information as defined in the CCPA, except to the extent Personal Information is exempt from the notice obligations under the CCPA, and the rights Consumers have under the CCPA. Additionally, this notice includes other notices as required by other laws.
Information We Collect
FrankCrum collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). In particular, Utilized Individual Applications and required forms, FrankCrum's websites, www.frankcrum.com, www.fwcruminsurance.com, www.frankcrumstaffing.com, and FrankCrum’s employee portal, www.myfrankcrum.com, mobile applications, and the correspondence we have with clients, job applicants, vendors, service providers, third party affiliates, and utilized employees. FrankCrum has collected the following categories of personal information from its consumers within the last twelve (12) months:
|Category||Examples||Sources||Collected||Commercial Purposes for Collection|
A 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.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A 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.
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).
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
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.
Yes, if biometric time clocks are utilized by Client
Note: Biometric information is housed on the time clock; see Biometric Information Policy
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
G. Geolocation data.
IP Address and information collected through cookies, web beacons, and other tracking technologies
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
I. Professional or employment-related information.
Current or past job history or performance evaluations.
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.
K. Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Personal information does not include:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
- Information excluded from the CCPA's scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
FrankCrum reserves the right to convert or permit other service providers to convert your Personal Information into de-identified data or aggregate consumer information. We have no obligation to re-identify such information or keep it longer than we need it to respond to your requests. This allows us to keep data at a minimum and in line with our data retention and security policies.
FrankCrum obtains the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete or products and services you purchase.
- Indirectly from you. For example, from observing your actions on our Website.
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders.
- To provide, support, personalize, and develop our Website, products, and services.
- To create, maintain, customize, and secure your account with us.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message with your consent, where required by law.
- To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
- To respond to law enforcement requests, attorneys, accountants, and auditors and as required by applicable law, court order, or governmental regulations.
- To protect FrankCrum’s rights, property or safety, our business partners, or other third parties/vendors/service providers under US Law.
- Social Media and Public Websites
- Employee and Customer Referrals
- For job placement/recruiting
- To work with third party affiliates such as third parties that offer discounted products, services, or benefits or products we re-sell or license, such as time clocks.
- To post notices and legal updates as required by law
- To provide marketing materials and communications for our products and services including those of our business partners and/or service providers.
- Our employees, affiliated companies, subsidiaries, agents, and service providers with whom we contract to perform services related to our clients’ and employees’ accounts, to offer additional services, perform analysis to determine qualification to receive future services or collect amounts due.
- Banking and brokerage firms to complete payroll processing and securities transactions
- Credit bureaus and similar organizations, law enforcement or government officials. We reserve the right to release information if we are required to do so by law or if, in our business judgment, such disclosure is reasonably necessary to comply with legal process, in a fraud investigation, an audit or examination.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To report workers’ compensation claims, administration of workers’ compensation claims, and communicate with our workers’ compensation vendors (service providers) in regards to injuries sustained, treatment, and return to work.
- To effectuate coverage with insurance carriers (service providers) in an employee benefit plan per your request. Employee benefit plans may include health, dental, supplemental benefits such as accident or cancer policies, life insurance, vision, and 401(k), if applicable.
FrankCrum will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
FrankCrum may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We share your personal information with the following categories of third parties:
- Client Companies
- Recruiting Service Providers
- Health and Welfare Service Providers
- Financial Service Providers
- Billing Service Providers
- Printing Service Providers
- Workers’ Compensation Service Providers
- Other Insurance Lines Service Providers
- Timekeeping Hardware/Software Service Providers
- Drug Testing Service Providers
- Employment Screening Service Providers
- Website Analytics Service Providers
- Data Aggregators such as Google Analytics
- Law enforcement, public/regulatory bodies, accountants, attorneys, or judicial authorities in response to subpoenas, court orders, search warrants, legal processes or governmental regulations.
- Any third party to whom you give us consent. If you are a utilized individual/leased employee, we will share your information with our client company who employs who.
- Other FrankCrum entities or for the purpose of a company sale, assignment, merger to another business entity.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, FrankCrum has 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 E: Biometric information.
- Category F: Internet or other similar network activity.
- Category G: Geolocation data.
- Category I: Professional or employment-related information.
The Business Purpose for collecting and sharing personal information is listed above in the Collection and Personal Information Table.
Sales of Personal Information/Opt-outs
In the preceding twelve (12) months, FrankCrum believes there has been no sale of personal information as defined under CCPA. Should that change in the future, FrankCrum will update this Notice and provide a method to opt-out of a sale. Until that time, we will treat all personal information as under a Do Not Sell request. We will endeavor to restrict use of your personal information to only the business purpose for which it was collected with that associated service provider. If you direct us to share your personal information, these requests are not sales. Further, the exchange of your personal information in between our Corporate entities is not considered a sale.
Do Not Track (DNT) is a privacy preference that can be set on your browser if you do not want web services to collect information about your online activity. However, there is currently no universal standard for sending and receiving DNT signals. Due to this lack of universal standard, it would be impossible for us to promise that we comply with all known and unknown DNT standards. Therefore, we do not believe these constitute a Do Not Sell request by you.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information effective January 1, 2020. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that FrankCrum, not more than twice in a twelve-month period, disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion 0 below), we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request. Please note, personal information is retained by us for various time periods, so we may not be able to fully respond to your relevant request going back 12 months prior to your request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased, or that no sale occurred; and
- disclosures for a business purpose in the prior 12 months, identifying the personal information categories that each category of recipient obtained, or that no disclosure occurred.
Deletion Request Rights
You have the right to request that FrankCrum delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
You have the right to exercise these right through an authorized agent who meets the requirements under the CCPA. Any request you submit to us is subject to an identification and residency verification process, defined as a Verifiable Consumer Request under CCPA. This process may consist of our Privacy Team verifying your identity through established processes or asking you to confirm information previously submitted to FrankCrum.
We are unable to complete your request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected personal information. Please follow the instructions on our Subject Access Request Form and respond timely to any inquiries we make. You may also contact the Privacy Team at Privacy@FrankCrum.com or 1-800-393-0815, Option 21.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. If we cannot comply with your request, we will explain the reason in our response. You are not required to create an account with us to make a request. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. We will track and document request responses, unless you also give personal information to us for another purpose.
We make commercially reasonable efforts to identify personal information collected, processed, stored, disclosed, or otherwise used to respond to your Consumer Privacy Rights requests.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within thirty (30) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
We will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
It is vital to note that we will not deliver to you your social security number, drivers’ license number or other government-issued identification number, account password, or security questions or answers in response to your request. These items will be redacted in the interest of security of your personal information. If you do have an account with us, you may be able to access some of this personal information by logging into your account.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
If a Consumer chooses to submit a request through an authorized agent, FrankCrum requires the Consumer to:
- Provide written permission to the authorized agent to make the request. A copy of this writing must be provided to FrankCrum;
- The authorized agent must verify the instruction on that writing and their own identity to FrankCrum.
FrankCrum will reject any request where the above two items are not provided. If the authorized agent has a power of attorney issued under California Probate Code 4000-4465, then the above-reference writing is not required. Additionally, the agent is subject to verification standards applicable to the type of request made to FrankCrum.
Personal Information Sales Opt-Out and Opt-In Rights
As previously identified, we do not sell personal information as defined under CCPA. Should this change in the future, you will be notified and be provided with instructions on how to Opt-Out/Opt-In as required under CCPA. Until such time, all personal information is subject to a Do Not Sell request.
We do not believe that the data practices of third party cookies and other tracking technologies on our website and mobile applications constitute a sale as defined under CCPA. You have the right to control your own browser’s cookies by adjusting your browser’s settings or limit ads and data on your mobile devices. Should we determine a change to our policy is warranted in the future, you will be notified with instructions on how to Opt-out.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Other California Notices
Third-Party Marketing Rights
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us using any of the contact information method(s) in the Contact Information section below. Please ensure any request is clearly noted with “California Privacy Rights Request” for accurate processing. Please also include your name, address, city, state, and zip code. Not all information sharing is covered under this law and FrankCrum will only include information on covered sharing for California Consumers in our response.
Changes to Our Privacy Notice
FrankCrum reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
Phone: 1-800-393-0815, Option 21
Attn: Privacy Team
100 S. Missouri Ave.
Clearwater, FL 33756