Employee Privacy Policy and Notice to Employees: Diamond Pet Food

EFFECTIVE DATE: March 1, 2024

1. PURPOSE

Schell & Kampeter, Inc. d/b/a Diamond Pet Food (“Diamond Pet Food”), including its subsidiaries and affiliates (collectively, “Company”, “we”, “us”, or “our”), is committed to ensuring the protection of Personal Information submitted to us in the employment and job application process.  This California Residents’ Notice and Privacy Policy (“Privacy Policy” or “Policy”) describes what Personal Information we collect in the work-related context and what rights California Residents have regarding our collection and use of information.

The California Consumer Protection Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”), affords certain privacy rights to residents of the state regarding the use of their Personal Information. The law extends its protections to California residents in their roles as employees, independent contractors, and other work-related roles (“Covered Individuals”). 

This notice also provides Covered Individuals with information about their rights under California law. We may collect the categories of Personal Information identified in the Privacy Policy below in connection with the recruitment, placement, employment or other work-related activity involving Covered Individuals.  We will not collect additional categories of Personal Information for Covered Individuals or use it for purposes beyond the scope of those identified below without obtaining consent.

2. INFORMATION WE COLLECT ABOUT DIAMOND PET FOOD EMPLOYEES

Diamond Pet Food may collect the following personal information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly with you (“Personal Information”) for business purposes as part of your employment with Diamond Pet Food:

(a)   Identifiers and demographic data. This includes data such as title, full name, gender, age, contact details, such as current and prior home and work address, phone number(s), email address(es), driver’s license details, proof of eligibility to work and details of any work permit application, including biometric data.

(b)   Sensitive data. This includes data like financial account numbers, Social Security, Driver’s License, Passport or other governmental identification number, medical or health related information, biometric data, performance reviews, etc. collected for business purposes.

(c)   Biometric information. This includes information like ID badge photos, or security camera video footage of you.

(d)   Characteristics of protected classifications under California and Federal law. This includes but is not limited to data such as citizenship, race, ethnic origin, or nationality.

(e)   Geolocation data. This can include location data we may collect as part of your use of a Diamond Pet Food issued device, or GPS data collected when you use one of our fleet vehicles.

(f)   Sensory data. This is data which may or may not be related to you directly, as it is usually data coming from devices like security motion detectors or similar devices. However, if it is tied to other data, like key card access logs, it can become personal information.

(g)   Professional or employment-related information. This includes information such as work history, prior employer information, and professional certifications.

(h)   Internet or other electronic network activity information. Employee activity on company networks, systems and devices, including email to web browsing activity is collected and used. This includes log-in details, software application usage, VoIP phone usage, and file share access.

(i)   Non-public education information. This is information related to your academic credentials such as what school you went to, what your GPA was, what activities or sports you did in school, or other data on your school transcripts.

(j)   Inferences based on Personal Information. This includes information in performance reviews, any testing you may have undertaken, information related to succession planning, as well as predictive analytics related to your use of IT systems and networks.

Personal Information does not include publicly available information, i.e., information that is lawfully made available from federal, state, or local government records. Personal Information does not include information that is deidentified or aggregate consumer information.

3. WHERE WE GET YOUR PERSONAL INFORMATION

Diamond Pet Food 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 (if any).
• Indirectly from you. For example, from observing your actions as an Applicant, from records of your use of Diamond Pet Food IT systems, or from location-tracking enabled devices connected to your application to Diamond Pet Food.  Diamond does have the ability to monitor workplace communications, see our policy of acceptable Internet and IT resources.
• From independent third parties related to your eligibility for employment or our ongoing management of our business.
• Other Diamond Pet Food employees, as part of Diamond Pet Food’s management, evaluation, training, and discipline processes.
• Other sources such as benefits providers, past employers, and recruitment agencies.

4. USE OF YOUR PERSONAL INFORMATION

Diamond Pet Food will process your Personal Information for the purposes listed below, primarily related to your employment, including:

(a)   Recruitment, including, verifying eligibility to work, obtaining professional and personal references and screening of educational and professional background data prior to and during the course of the interviewing process and employment, including carrying out criminal record checks (where permitted under applicable law).

(b)   Compliance with all relevant legal, regulatory and administrative obligations and responsibilities of Diamond Pet Food in relation to its role as your employer and in relation to your employment.

(c)   Personnel administration including maintaining contact information (and emergency contact information) for all staff, temporary workers, contractors, and interns.

(d)   The administration of salaries, wages, bonuses and benefits, the management and execution of occupational pension, life, disability and retirement insurance schemes (including for relevant dependents), and the reimbursement of expenses.

(e)   Management of employees, including performance reviews, training and career planning, competency and professional qualifications, promotions and restructuring.

(f)   For a purpose described to you when collecting your Personal Information.

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.

5. HOW WE DISCLOSE YOUR PERSONAL INFORMATION

Within our company and group of companies:

Because we have operations in many different locations, we may transfer your information from one legal entity to another or from one location to another in order to accomplish purposes listed in this Notice (including those for which we retain service providers as described below). We will transfer your personal information in a manner that is consistent with applicable legal requirements.

With third parties:

We may disclose your Personal Information to a third party for a business purpose.  A business purposesmeans the use of Personal Information for the Company’s operational purposes or business needs that are reasonably necessary and proportionate to achieve the purpose for which information was collected.  For purposes of workforce and job applicant information, examples of Business Purposes include, but are not limited to:

(1)   Selection and administration of the workforce;

(2)   Business operations;

(3)   Ensuring the security, safety and protection of workers and resources; and

(4)   Legal, regulatory and audit obligations.

(5)   Benefits providers such as Medical, Dental, Vision, Life etc.

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. These third parties are “Service Providers” and/or “Contractors” as defined by applicable law.

We may also disclose your Personal Information to another company as part of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets to that company; or where required by Diamond Pet Food policy, law, or in response to valid legal process compelling disclosure.

Diamond Pet Food has disclosed all of the categories of Personal Information as noted above, for the business purposes described above.

We disclose your Personal Information for business purposes only to Service Providers and/or Contractors, where required by law, or in response to valid legal process compelling disclosure.

6. SELLING YOUR PERSONAL INFORMATION

Diamond Pet Food does not and will not sell your Personal Information.

7. RETENTION OF YOUR PERSONAL INFORMATION

Diamond Pet Food retains Personal Information about you for business purposes; this information is retained pursuant to our Records Retention Schedule.  Our customary retention of personnel and job applicant information is a period of years after a hiring decision is made or after an individual terminates or retires from employment, except when a legal obligation to preserve information exists.

8. CALIFORNIA RESIDENTS’ PRIVACY RIGHTS

The following rights in this section apply solely to California residents, and do not apply to individuals living elsewhere. The following rights are not absolute, and we may be entitled to refuse requests, wholly or partly, where exceptions under applicable law apply.  Any terms used in this notice and policy that are defined in the CCPA have the same meaning when used in this Policy.

Right to Access. You have the right to access Personal Information which we may collect or retain about you. If requested, we shall provide you with a copy of your Personal Information which we collect as permitted by the CCPA. You also have the right to receive your Personal Information in a structured and commonly used format so that it can be transferred to another entity (“data portability”).

Right to Know. You have the right to request that we disclose the following about your Personal Information, as defined by the CCPA:

1. The specific Personal Information we may collect;
2. The categories of Personal Information we may collect;
3. The categories of sources from which we may collect your Personal Information;
4. The business purpose(s) for collecting or sharing your Personal Information;
5. The categories of Personal Information we may disclose for business purposes; and
6. The categories of third parties to whom we may share your Personal Information.

Right to Opt-Out/Not Sell My Personal Information. Diamond Pet Food does not sell or share employee Personal Information within the meaning of the CCPA.

Right to Limit Sensitive Personal Information. Diamond Pet Food does not collect or processes Sensitive Personal Information for the purpose of inferring characteristics about its employees.

Right to Deletion. In certain circumstances, you have the right to request the erasure of your Personal Information, subject to several exceptions, including our legal obligations to maintain the information.  Upon verifying the validity of a deletion request, we will delete your Personal Information from our records, and instruct any service providers or contractors to delete your information, when applicable.  

Right to Correction/Rectification. In certain circumstances, you have the right to request correction of any inaccurate Personal Information.

Exercising Your Rights.  If you are a California resident, you can exercise any of your rights as described in this Notice and under applicable privacy laws by using the contact information provided in this notice. We will not discriminate against you for exercising such rights.

How to Submit a Request. To submit a request to know, delete or correct, you, or an authorized agent, may:

• Call us at this Toll-Free Number 866-214-6945; or
• Submit a request at https://diamondpetcompany.com/personal-information-request-form/

You should include your name, address, email address (if you want to receive our response via email) and a description of the request. 

How We Verify Your Request. We will verify requests using a combination of individual identifiers to verify your identity. We will take additional efforts to verify the identification of an individual who requests that Diamond Pet Food disclose Personal Information about you in our response.

If we suspect fraudulent or malicious activity related to your request, we will not comply with your request until we perform further verification to determine whether your request is authentic and you are the person about whom we have collected the Personal Information.

9. APPLICABILITY

This Policy supersedes all prior policies regarding this subject matter.  We reserve the right to amend this Privacy Notice from time to time at Diamond Pet Food’s discretion. You will be notified of any changes to these terms and we will update the Privacy Notice’s effective date.

10. INQUIRIES

For any inquiries, questions or concerns you have about this Notice, please contact the human resources team at: 866-214-6945.