Effective Date October 21, 2021
NOTICE CONCERNING CALIFORNIA CONSUMER PRIVACY ACT
The California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws provide certain rights for California residents with respect to their privacy, including right to notice, right to access, right to opt-out (or right to opt-in) of the sale of personal information, if applicable, right to request deletion, and right to equal services and prices. BECAUSE YOUR PRIVACY IS IMPORTANT TO US AND AS PART OF OUR COMMITMENT TO YOU AS OUR VALUED CLIENT, WE VOLUNTARILY EXTEND THE SAME RIGHTS THAT ARE AVAILABLE UNDER CCPA AND OTHER CALIFORNIA PRIVACY LAWS TO ALL CONSUMERS. Any terms defined in the CCPA have the same meaning when used in this notice.
Information We Collect
We collect 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”). The Policy governs personal information collected by ICI for its own purposes as well as information provided to us as a processor for our Clients. It protects data collected online as well as offline. We receive personal information from our Clients about their current, prospective and previous employees and independent contractors (“Employees”) as well as others, as necessary. This Policy explains our practices with regard to the personal information we obtain from our Clients as a processor for our Clients.
In particular, we may have collected the following categories of personal information from consumers within the last twelve (12) months:
|Categories||Examples of Data||Collected?|
|A. Identifiers.||Your real name, alias, postal address, email address, telephone number, photograph, job title, account name, social security number, employee identification, badge number, taxpayer identification, employee personal identification number (“PIN”), online identifier, user ID, device ID, domain server, type of device/operating system, browser used to access our services, Internet Protocol address, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||Your real name, postal address, email address, telephone number, employment, biometric information, photograph, job title, employee identification, badge number, taxpayer identification, employee PIN, gender, date of birth, hire date, termination date, language preference, payroll classification, employment classification, pay rates, work schedules, employment contracts, and labor union affiliation. Some personal information included in this category may overlap with other categories.||YES|
|C. Protected classification characteristics under California or federal law.||Your age and gender.||YES|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||NO|
|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, scan of hand or face geometry or photograph or other physical patterns.
|F. Internet or other similar network or application activity.||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement, referring webpage/source through which you access our services, non-identifiable request IDs, statistics associated with the interaction between device or browser and our services, clock-in time, clock-out time, clock-in location, clock-out location, leave requests, including vacation, sick, and other third party defined leave reasons, leave accruals, FMLA cases, and hours worked.
|G. Geolocation data.||Approximate location (city and state) of the device from which you access our services, clock-in location, clock-out location.||YES|
|H. Sensory data.||Electronic, thermal, or similar information.||YES|
|I. Professional or employment-related information.||Job title, employee identification, badge number, taxpayer identification, employee PIN, hire date, termination date, payroll classification, employment classification, pay rates, work schedules, employment contracts, and labor union affiliation.||YES|
|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.||NO|
|K. Inferences drawn from other personal information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO|
|L. Other Identifying Information That You Voluntarily Chose to Provide||Personal Data in emails, letters or online forms that you send or submit to us.||YES|
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from our Clients or their Employees or agents. For example, information that our Clients provide to us related to the services for which they engage us.
- Directly and indirectly from activity on our Websites and/or the Application. For example, website usage details are collected automatically.
- From third-parties that interact with us in connection with the services we perform.
Cookies and similar technologies
Visitors Under the Age of 13
We do not knowingly collect any personal information from visitors or users of our Websites and/or Application who are under the age of 13. If you are under 13, please do not give us any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Policy by instructing their children to never provide personal information through the Internet without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.
Use of Personal Information
ICI processes personal information pertaining to Client employees as needed to provide Client services, Client support activities, as required by applicable law and for the following additional business purposes:
- To host, store and otherwise process information needed for business continuity and disaster recovery.
- To fulfill or meet any other reason for which the information is provided.
- To provide you with information, products or services that you request from us.
- To provide you with email alerts and other notices concerning our products or services, or events or news, that may be of interest to you.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections, and to protect ICI, its employees, Clients, Client employees, and the public against theft, legal liability, fraud, or abuse.
- To improve our Websites and/or Application and present their contents to you.
- For testing, research, analysis and development of service offerings.
- As necessary or appropriate to protect the rights, property or safety of us, our Clients or others, including system and network administration and security, infrastructure monitoring, identity and credential management, verification and authentication, and access control; monitoring and other controls needed to safeguard the security and integrity of transactions and/or recordation of information.
- To respond to law enforcement requests, subpoenas, including to law enforcement agencies and courts in the United States and other countries where we operate, 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.
To the extent that we use Third-Party Sub-processors, they may only process personal information pursuant to a Sub-processor Agreement. The Sub-processor Agreement shall impose similar data protection-related Processing terms on the Third-Party Sub-processor that will be not less protective than those imposed on ICI. To the extent that any biometric identifiers or biometric information is collected, processed and/or stored, ICI may utilize the services of Microsoft Azure Cognitive Services (“Vendor”). In such case, ICI will provide such data subject to such vendor’s data protection policy which can be found at https://privacy.microsoft.com/en-us/privacystatement .
We 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.
How Long Your Personal Information Will Be Kept
We will keep your personal information while you have an account with us or while we are providing services to you or your employer. Thereafter, we will keep your personal information for as long as is necessary:
- To respond to any questions, complaints or claims made by you or on your behalf;
- To provide services as contracted for by you or your employer;
- To show that we treated you fairly; or
- To keep records required by law.
We will not retain your personal information for longer than necessary for the purposes set out in this Policy. Different retention periods apply for different types of personal information. When it is no longer necessary to retain your personal information, we will delete or anonymize it.
Sharing Personal Information
We may disclose your personal information to your employer or a third party for a business purpose. When we disclose personal information for a business purpose, we enter 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.
In the preceding twelve (12) months, we have or may have 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 F: Internet or other similar network activity.
Category G: Geolocation Data.
Category I: Professional or employment-related information.
Category L: Other Identifying Information That You Voluntarily Chose to Provide.
We disclose your personal information for a business purpose to the following categories of third parties:
- Our affiliates.
- Service providers, including vendors and sub-processors, as needed to provide the services that you and your employer have requested.
- Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you, including, for example, payroll processors, benefits administration providers, enterprise resource planning vendors, and other Client-retained vendors.
In the preceding twelve (12) months, we have not sold any personal information.
International Data Transfers
Where approved by your employer, ICI will transfer personal information relating to persons located outside of the United States to our affiliates, vendors and suppliers in the United States and elsewhere in the world, pursuant to applicable data protection laws.
Your Rights and Choices
This section describes your privacy rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. You also have the right to request that we transfer information about you to a third party. Once we receive and confirm your verifiable consumer request, 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).
- 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; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
- If requested by you, we will provide you with a copy of the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party.
Right to Rectification and Right to Restrict Processing of Information
You have the right to request that we update any information about you that is inaccurate or incomplete. Once we receive and confirm your verifiable consumer request, we will update (and direct our service providers to update) your personal information in our records. You also have the right to require us to restrict processing of your personal information in certain circumstances, e.g. if you contest the accuracy of the personal information.
Right to Object
In certain circumstances, you have the right to object to the processing of your personal information by us, including if such processing is for direct marketing purposes.
Right to Not Be Subject to Decisions Based Solely on Automated Processing
You have the right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.
Deletion Request Rights
You have the right to request that we 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, 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 providers to:
- Complete the transaction for which we collected the personal information, provide a good or service that you or your employer requested, take actions reasonably anticipated within the context of our ongoing business relationship with you or your employer, or otherwise perform our contract with you or your employer.
- 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.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 ).
- 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 or your employer’s 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 or your employer provided it.
Exercising Your Rights
To exercise the rights described above, please submit a verifiable consumer request to us by either:
- Calling us at 1-800-962-0102; or
- Via e-mail to Operations@ICICO.com.
Only you, your employer, or a person that you or your employer authorize 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.
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 a legally 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. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 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. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, 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. For example, in cases where requests from an Employee are distinctly unsubstantiated or excessive, in particular because of their repetitive character, ICI may either charge a reasonable fee, in ICI’s discretion, taking into account the administrative costs of providing the information or communication or taking the action requested; or refuse to act on the request altogether.
Keeping Your Personal Information Secure
ICI has reasonable technical, physical and administrative security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. These measures offer appropriate reasonable security level, taking into account the state of the technology, the implementation costs and also the nature, the scale, the context and the processing purposes. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. The measures are also intended to prevent unnecessary collection and further processing of personal information. The personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
Sensitive Personal Information and Biometric Information
In the ordinary course of its business, ICI processes sensitive personal data on behalf of your employer, such as biometric information, social security numbers and dates of birth. ICI, and other Channel Partners (if applicable), and/or your employer has represented that they have implemented reasonable technical, physical and administrative safeguards to help protect the sensitive personal data from unlawful use and unauthorized disclosure. All ICI employees and contractors are required to follow these established processes, both online and offline. Access to sensitive personal data is restricted to those employees and contractors who have a need to access the information to perform tasks for ICI and/or ICI’s affiliates and agents. ICI will only disclose sensitive personal data to those service providers, auditors, and/or advisors who are legally or contractually obligated to protect them or as agreed upon by the client and/or client employee, or as permitted or required by law.
Biometric information which may be collected by ICI may include biological traits unique to individuals and biometric identifiers as may be defined in any applicable local laws that govern the collection, use, storage or disclosure of biometric data. “Biometric Identifier” means a biological trait, including retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or photograph. “Biometric Information” means any information, regardless of how it is captured, converted, stored, or shared, based on an Individual’s Biometric identifier used to identify an individual. These definitions may be amended from time to time based on technological advancements and this paragraph is not intended to be limiting. The capture of such Biometric Information creates a biometric identifier in the form of a numeric value which can be stored in used to authenticate the identity of a person while using our products. This numeric value cannot be reverse engineered to reproduce a likeness of your biometric identifier.
ICI will not disclose or disseminate any Client’s Employee’s Biometric Information to any person or entity other than the Client and the licensor of ICI’s time and attendance software without/unless:
- First obtaining the Client’s Employee’s written consent;
- Disclosure is required by state, federal law or other applicable local law;
- Disclosure is required pursuant to a valid warrant or subpoena; or
- Disclosure is needed to help ICI defend or otherwise assist itself in a legal proceeding.
Note: The sale, merger or other transaction (and any due diligence related thereto) involving the ownership of, or investment into, ICI, a portion thereof, or the product/service line (and therefore its data/information), which transfers data/information to a new company, shall also be permitted. In addition, vendors who assist ICI with its processes, including but not limited to the maintenance of servers, disposal or recycling of equipment, shall also be encompassed within ICI’s authorized recipients and holders of such data/information.
ICI will use a reasonable standard of care to store, transmit and protect from disclosure any paper or electronic Biometric Information collected, such as genetic markers, genetic testing information, account numbers, PINs, driver’s license numbers, and social security numbers.
Clients are responsible for maintaining their own data collection, disclosure, retention, and storage policies as may apply to them under applicable law. To the extent required by law, Clients will obtain written authorization for the Client, ICI, and/or the licensor of ICI time and attendance software to collect, retain, and use data and biometric data from each employee prior to collection of such data. Biometric data will be used for identification and fraud prevention, unless otherwise agreed to by client and/or client employee.
While the use of Biometric Information is not mandatory to use our products, Clients may encourage employees to participate in biometric authentication. By voluntarily enrolling and submitting a Biometric Information Written Release form, offering your Biometric Information for capture, Client’s employees consent to the resulting and subsequent use of their Biometric Information with our products.
ICI Clients agree that, in light of the developing nature of the legal requirements that may apply to ICI’s biometric information capture devices, to the extent that they make use of ICI’s devices designed to capture and store biometric information in jurisdictions where applicable law so requires, they must:
- Inform the employee in writing that biometric data is being collected, stored, and used;
- Indicate the specific purpose(s) for collecting the biometric data and length of time for which it is being collected, stored, and used; and
- Receive a written release from the employee (or his or her legally authorized representative) of the biometric data authorizing the Client, ICI and/or the licensor of ICI time and attendance software to collect, store, and retain the employee biometric data utilized by ICI’s devices designed to capture and store biometric information, and authorizing the Client to provide such data to ICI and the licensor of ICI time and attendance software.
Client agrees to hold harmless, defend and indemnify ICI and its affiliates, employees, parents, subsidiaries, assigns and partners if Client fails to obtain the necessary authorizations and/or releases hereunder or otherwise violates this policy or other agreement with ICI.
Disclaimer/Limitation of Liability
ICI is not responsible for any errors that are made by you in inputting data, nor for data entered by someone using your credentials. PLEASE SECURE YOUR CREDENTIALS AND DO NOT DISCLOSE THEM TO ANYONE ELSE. If your credentials are compromised, please contact your Employer immediately and notify us at Operations@ICICO.com.
Under no circumstances shall ICI be liable to you, including but not limited to any liability for the system not being available for use, for lost or corrupted data, for errors in the documentation provided to you, if any, or for the failure of data archiving. Please keep track of your own time in case of a system malfunction. Except as expressly agreed with its Client, ICI will not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party.
We will not discriminate against you for exercising any of your privacy rights. In that regard, we will not take the following actions in response to your exercising of your privacy rights, unless permitted by the applicable laws:
- 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.
We reserve the right to amend this Policy at our discretion and at any time. When we make changes to this Policy, we will notify you by email or through a notice on our Websites’ homepages and/or through the Application login screen. You will also be able to determine the date that our current Policy has become effective, by viewing the Effective Date at the top of this document.
ICI’s privacy program is managed by ICI’s legal team and an individual in-house who is assigned the tasks of a privacy officer. If you have any questions or comments about this Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under this Policy, please do not hesitate to contact us at:
Postal Address: Information Controls, Inc.
PO Box 7147
Rockford, IL 61126
Attn: Director of Operations