Notice of CPRA

Since federal lawmakers have been unable to pass a comprehensive national privacy law, companies are now working with state-level laws that dictate how they collect, store and share consumer data. Effective January 1, 2023, the California Privacy Rights Act (CPRA) came into effect, which changes the scope of the California Consumer Privacy Act (CCPA), a comprehensive data privacy law that went into effect on January 1, 2020. The CPRA may apply to businesses located in and outside of California who conduct business with California consumers. 

We are sharing this because you reside in the state of California, and as an applicant for a position with Listrak, we need to inform you that Listrak is collecting your personal information and sensitive personal information to support its business operations, including for the purpose of processing employment applications and for human resources purposes if you are employed by Listrak. We will NOT sell the personal information or sensitive personal information we collect, nor will we share it with third parties for cross-context behavioral advertising. 

As a matter of compliance, we ask that you review our full Employee Privacy Policy for California Residents, and our Notice of Collection. This document provides more detail about what could be collected, if shared, and how long the employer can retain that information.

‍Employee Privacy Policy for California Residents 

Effective Date: January 1, 2023 
Last Updated on: January 1, 2023 

This Privacy Policy for employees in California supplements the information contained in Listrak's general privacy policy and applies solely to all employees who reside in the State of California ("employees" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Policy. 

Information We Collect 

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular employee, household, or device ("personal information"). Personal information does not include: 

Publicly available information from government records. 

Deidentified 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), clinical trial data, or other qualifying research data; 
  • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994. 

In particular, we have collected the following categories of personal information from employees and applicants within the last twelve (12) months:

Category 
Examples
Collected
Retention Period 
A. Identifiers.
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. 
YES
Up to 7 years after termination 

Notice at Collection for Applicants and Employees in California

Listrak Inc. is collecting your personal information and sensitive personal information to support its business operations, including for the purpose of processing employment applications and for human resources purposes during the course of your employment, as indicated in the chart below.

We will not sell the personal information or sensitive personal information we collect. We also will not share it with third parties for cross-context behavioral advertising. To view our full Employee Privacy Policy for California Residents, see the Information Guide for Employees of Listrak or visit [CALIFORNIA EMPLOYEE PRIVACY POLICY URL].

We may collect the personal information and sensitive personal information categories listed in the tables below.  The tables also list, for each category, our expected retention period. 

Personal Information Category
Retention Period
Shared
Identifiers
Up to 7 years after termination
Shared
California Customer Records personal information
Up to 7 years after termination
Shared
California Customer Records personal information
Up to 7 years after termination
Shared
Biometric information
Up to 5 years after termination
Shared
Internet or other similar network activity
Up to 3 years
Shared
Geolocation data
Up to 3 years
No
Sensory data
Up to termination
No
Professional or employment-related information
Up to 7 years after termination
Shared
Non-public education information
4 years
No
Inferences drawn from other personal information
Up to 7 years after termination
Shared
Sensitive Personal Information Category
Retention Period
Shared
Government identifiers (social security, driver's license, state identification card, or passport number)
Up to 7 years after termination
Shared
Complete account access credentials (usernames, account numbers, or card numbers combined with required access/security code or password)
Up to termination
Shared
Precise geolocation
Up to 3 years
No
Union membership
Up to 7 years after termination
No
Genetic data
Up to 5 years after termination
No
Mail, email, or text messages contents not directed to us
Up to 3 years
Shared
Unique identifying biometric information
Up to 5 years after termination
No
Health, sex life, or sexual orientation information
Up to 5 years after termination
Shared

We only collect personal or sensitive personal information for our legitimate business purposes in the scope of your potential or ongoing employment with Listrak, including:

  • To fulfill or meet the reason you provided the information. For example, when you apply for employment with Listrak, we will use your personal information to consider your application and fitness for the position.  Additionally, once hired, we will use your personal information to process your payroll and any benefits you may be eligible for. 
  • To provide, support, personalize, and develop our human resources services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests and transactions 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 offerings relevant to your interests.
  • To help maintain the safety, security, and integrity of our website, 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 and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We may share the personal or sensitive personal information we collect with our service providers, subsidiaries, or affiliates for our business purposes in the scope of your potential or ongoing employment with Listrak.  We do not sell the personal or sensitive personal information of employees or applicants.

If you have any questions about this Notice or need to access it in an alternative format due to having a disability, please contact privacy@listrak.com or 717-626-3526.

January 1, 2023