This California Employee Privacy Notice explains how ABM Industries handles and uses personal informationcollected about you when you are employed by ABM, engaged to provide services to ABM or apply for a job withABM.
1. Scope
This California Employee Privacy Notice only applies to employees, contractors, and job applicants who areresidents of the State of California.
2. Definitions
“We” or “our” or “us” means ABM Industries, as listed above, your prospective, current, or former employer.
“You” or “your” means our current and former employee/staff, job applicants, consultants, individual contractors, and third parties whose information is provided to us in connection with employment or other working relationship.This Notice also applies to information provided to us about employees’ relatives or others that is used for emergency contact or benefits administration purposes. (e.g., we may be provided with emergency contact information and/or information about spouses, dependents, or beneficiaries).
We are committed to protecting your personal information and to being transparent about what information we hold. We do not sell or share your personal information. Your personal information will be treated in a secure and confidential manner and only as explained below or otherwise explained to you in writing. Our procedures are governed by regulatory requirements and leading data processing standards.
3. WHAT INFORMATION DO WE COLLECT ABOUT YOU?
We collect and keep information that can be used to identify you or is related to your identity. This information includes:
- Personal details, such as your name, gender, race/ethnicity, and marital status
- Recruitment information, such as skills, experience, qualifications, and references
- Payroll and benefits information, such as amount of pay, overtime, bonus details and bank account details, names and birthdates and social security numbers of you, spouses, dependents, or beneficiaries
- Time and attendance records, such as clock in / clock out information, and leave / absence records
- Performance information, such as manager feedback and performance reviews
- Health and safety information, such as audits, screening requests, incident reports and risk assessments
- Human resources information, such as employee number and job title
- Training information, such as records concerning training needs or whether you have completed training
- Disciplinary records, such as complaints and records of investigations
- Computer use/online activity, we may monitor how our computers are used by you, including websites you visit
- Identification checks, such as results of criminal checks and I9 verifications
- Health and welfare, such as occupational health information, disabilities, or details about special requirements
- Financial information, such as benefits data, pay deductions owed to third parties and bank account information
- Location Data, such as company vehicle location, time clock check-in location, and corporate phone usage locations
- Biometric information, such as fingerprint, voiceprint, face, hand pattern, photographs, and sensory dat alike audio and visual information we may obtain if you use video interviewing as part of the application process
We may also collect other information which you choose to provide us during your employment. For example, you may also provide us with information about other people, like your spouse, dependents, beneficiaries, and family members, so that we can provide benefits or contact someone in an emergency. Before you provide information to us about other people, you should inform them of the information which you intend to provide to us.If you disclose their personal information to us, they may wish to read this notice.
Some of the information we collect above is defined as "sensitive personal information" by the state ofCalifornia. This means information such as:
- Race or ethnicity, which we are required to collect for government reporting
- Citizenship and immigration status
- Medical information, which we may use to manage your health and welfare benefits
- Biometric information, such as fingerprints (used in connection with timeclocks) or other biometric information to identify you, as may be required for work in secure areas like airports, or visual and audio information we may obtain if you use video interviewing as part of the application process, or photographs of you for identification badges
- Physical or mental health, which we may use to manage your health and welfare benefits
- Trade union membership, which we are required to collect for government reporting
- Sexual orientation, which we are required to collect for government reporting• Social security number, driver’s license, state identification card, or passport number, which we must collect to process your payroll, benefits, and conduct background checks to clear you for work in secure areas, etc.
- Location Data, such as company vehicle location, time clock check-in location, and corporate phone usage locations, which we may collect to monitor the health and safety of ABM employees, and ABM business interests
- Computer use/online activity, we may monitor how our computers are used by you, including websites you visit, the content of emails, and text messages, for example to protect ABM systems from cyberattacks
4. HOW DO WE COLLECT YOUR INFORMATION?
We may collect your personal information from more than one source, but mainly directly from you. You will usually provide this information directly to your managers or local HR contact. We also collect your personal information from your managers, HR, or co-workers. For example, manager feedback.
We may collect personal information from a previous employer, doctors, tax authorities, benefit providers or where we employ another party to carry out a pre-employment background check (where required and/or allowed by law).
5. WHY DO WE COLLECT YOUR INFORMATION?
Whenever we collect your personal information, we do so because there is a legal reason or other need. Most ofthe time, we collect your information because:
- We need to manage our business by hiring qualified individuals; or
- We need to fulfill our obligations to employees like paying wages; or
- You signed an employment agreement which requires us to collect your information or give your information to another party;
- We need to meet our legal, regulatory, and professional obligations like reporting hiring statistics to government authorities; or
- Collection is for a legitimate business interest.
Where we collect personal information for our legitimate business interest, it is because we have an interest in attracting and hiring qualified employees, preventing fraud and managing our business. This is important so that we meet our customers’ expectations and other business needs. Sometimes, we will collect and provide your personal information to another party like a customer because we have been asked to do so (for example, to meet the security requirements of our customers).
In some cases, you may ask us to provide your information to another party for a special reason, and we will follow your instructions on your behalf (for example, if you ask us to provide pay information to a bank for a mortgage application made by you).
When we collect sensitive personal information, it is for the reasons above and because:
- We need to meet our obligations and to exercise your rights or our rights under employment and social security law; or
- We need to determine whether you can work, or to provide health or social care or treatment or the management of health or social care and services; or
- We need to protect your vital interests or the interests of another person where you are physically or legally not able to give consent (for example, in a medical emergency); or
- We want to ensure equality of opportunity or treatment between people of different racial or ethnic origins, people with different religious or philosophical beliefs, people with different states of physical or mental health or people of different sexual orientation.
We may also collect information about criminal convictions and offenses if allowed by law. For example:
- A criminal record check during recruitment or transfer or where ongoing screening is required because you have applied to work in a role where a check is allowed by law.
- An allegation of a criminal offense or conviction arising during your relationship with us will be processed (e.g., in a disciplinary process) so that we can make decisions about your relationship with us.
6. WHO DO WE DISCLOSE YOUR INFORMATION TO?
Your information will be disclosed to members of our Human Resources team and management responsible for making decisions about your relationship with us, in addition to other departments which need your information to meet certain requirements.
We may also provide your personal information to another party like a customer because we have been asked todo so (for example, to meet the security requirements of our customers). Some of your information will also be disclosed to government organizations and Service Providers that provide services to us, such as our payroll provider who issues your paycheck. Service Providers will change from time to time. Examples include tax and social security authorities, regulatory authorities, our insurers, bankers, IT administrators, lawyers, auditors, investors, health and safety consultants, recruitment agents, occupational health providers and other professional advisors, HR system providers, payroll providers, benefit providers and administrators, third party staff vetting providers and medical advisors where we seek a report.
Your information may be disclosed to ABM group companies (including ABM Industries Incorporated and its subsidiaries) so that they can provide us with services or if they have a legitimate need for your information.
Your information will only be disclosed if needed to provide the required services. We do not sell or share your personal information.
7. DO WE NEED YOUR CONSENT?
We only collect your personal information for the purposes of fulfilling our legal requirements in connection with your employment, other legal requirements, vital interests, public tasks, and other legitimate interests. If additional personal information is voluntarily collected for other purposes, we may sometimes ask for your consent to collect and use certain kinds of information, such as your hobbies and interests to be used in a company newsletter, or your personal vehicle information for parking at an ABM location. The reason for collecting additional personal information will be provided to you at the time we ask for your consent. It is not a condition or requirement of your employment to agree to any request for consent from us.
8. HOW LONG DO WE KEEP YOUR INFORMATION?
We will keep your information for as long as is required by law. This will usually be for the time you are employed by us plus some additional time after the end of your employment, for purposes such as maintaining tax and reporting records as required by the government or by other laws. The amount of time we retain your information will vary based on the category of information.
9. WHAT ARE YOUR RIGHTS UNDER CALIFORNIA LAW?
California law, specifically the California Privacy Rights Act, or CPRA, grants the following rights to California consumers:
A. Right to Delete Personal Information – you have the right to request that ABM delete your personal information from our systems and Service Providers, like payroll and benefit processors. ABM and itsService Providers are required to keep records by law and cannot delete things like your payroll records, tax forms, insurance records, and many things related to your employment.
B. Right to Correct Inaccurate Personal Information – you have the right to request that ABM correct inaccurate personal information within ABM and Service Provider systems.
C. Right to Access Personal Information – you have the right to request that ABM disclose to you the following:
a. The categories of personal information we have collected about you.
b. The categories of sources from which your personal information is collected.
c. The business or commercial purposes for collecting your personal information.
d. The categories of third parties we have disclosed your personal information to.e. The specific pieces of personal information we have collected about you.
D. Right to Know What Personal Information is Sold or Shared and to Whom – ABM does not sell or share your personal information. You have the right to request that ABM disclose to you the categories of personal information that ABM disclosed about you for a business purpose, like your bank information for payroll, and the categories of persons to whom it was disclosed, like benefits processors.
E. Right to Opt Out of Sale or Sharing of Personal Information – ABM does not sell or share your personal information.
F. Right to Limit Use and Disclosure of Sensitive Personal Information – You have the right to request that companies limit the use of your sensitive personal information, like your social security number. BecauseABM only collects the personal information and sensitive personal information that we need to process your employment with us, and that we need to collect and retain to satisfy legal requirements, we do not offer a method for submitting a request to limit (CCPA Regulation 7027, section m).
G. Right of No Retaliation Following Opt Out or Exercise of Other Rights – ABM will not discriminate against you because you have exercised any of these rights.
Note: For personal information requests we can fulfill requests going back to January 1, 2022, except for deletion requests. Right to Access and Right to Know requests are limited to two requests per 12-monthperiod.
10. HOW DO YOU EXERCISE YOUR RIGHTS?
You can exercise your rights by using the following contact methods:
A. Visit the ABM California Employee Rights website page: https://www.abm.com/californiaprivacy/.
B. Email our privacy team at privacyquestions@abm.com.
C. Call our toll-free privacy phone line: 1-877-576-6676
If your request proves impossible or involves disproportionate effort to fulfill, then we may refuse to act on the request and notify you of the reason for refusing the request.
ABM will contact you within 10 days of your request to verify your identity and confirm your request. ABM has 45days to fulfill your request and can extend to 90 days. ABM will alert you if we need an extension.
ABM will verify your identity using your name and employee number, if available. We may require other identifiers such as your phone number and email address. ABM privacy representatives will work with you to fulfill your request. If we are unable to verify your identity, we may deny the request.
You may also use an authorized agent to submit a request on your behalf. ABM requires proof the agent has signed permission to act on your behalf. ABM may request to verify your identity and confirm you provided the authorized agent permission to submit the request. This requirement is waived if you have provided the authorized agent with power of attorney.
11. HOW DO WE SECURE YOUR Personal Information?
We use technical and organizational security measures to protect the security of your personal information bothonline and offline including the implementation of access controls, implementation of firewalls, network intrusion detection and use of anti-virus software. Please note that no system is completely secure and while we strive to protect your personal information, we cannot guarantee that unauthorized access, hacking, data loss or a data breach will never occur.
12. WILL THIS NOTICE CHANGE IN THE FUTURE?
We may change or update this Employee Privacy Notice at any time.Should we change certain policies that relate to the collection and use of your information, we will update thisCalifornia Employee Privacy Notice and provide notification to you via normal employee communication channels.
This California Employee Privacy Notice was last updated and reviewed on December 1, 2023.
13. CONTACT FOR MORE INFORMATION:
ABM is located at One Liberty Plaza, New York, NY 10006. You may contact us about this notice by emailing our privacy representatives at privacyquestions@abm.com.