Applicant Notice
Applicant Notice
JOB APPLICANT PRIVACY POLICY & NOTICE OF COLLECTION
Bear Tracks Holdings, LLC and/or any affiliated entities (collectively, the “Company” or “we”) has developed this Privacy Policy out of respect for the privacy of our job applicants. Please note that this policy does not apply to the privacy practices of any Franchised Operator or Licensee. This policy describes the personal information we collect, use, and disclose about individuals who apply for a position of employment. This is also to provide you with notice at or before the point at which we collect personal information from you informing you of what information we collect, how we use it, how long we retain it, and whether we sell it or share it for cross-context behavioral advertising purposes (we don’t by the way).
Consent to Share Personal Information When Using Live Chat Function
By using the Live Chat, you consent to our collection and analysis of all personal information provided. The Live Chat feature utilizes a chatbot to assist job applicants in filling out applications. We utilize a vendor called humanly.io (“Chat Vendor”) to process, analyze, and store the contents of the chat on our behalf. The Chat Vendor will not sell this data or share it with anyone besides the Company or another vendor engaged to assist in the services provided to the Company. The Chat Vendor will not use or disclose this data for any purpose other than providing services to the Company. By using these forms and features, you direct the Company to disclose to and share with the Chat Vendor any personal information you provide.
Collection of Personal Information and Sensitive Personal Information
When you apply for a position or interact with us regarding potential job openings, we may collect Personal Information from you in a variety of different situations and using a variety of different methods, including, but not limited to, on our website (including when you utilize the Live Chat feature), your mobile device, through email, in physical locations, through written applications, through the mail, and/or over the telephone. Generally, we may collect, and we have in the last 12 months collected, the following categories of personal information from or about job applicants. For each category of information, the categories of third parties and service providers to whom we have within the last 12 months disclosed the information are referenced by a letter that coincides with the letter in the list of categories of service providers and third parties that follows soon after this table.
| Category | Examples | Disclosed in Last 12 Months To |
| Personal Identifiers | Name, alias, social security number, driver’s license or state identification card number, passport number. |
|
| Contact Information | Home, postal or mailing address, email address, home phone number, cell phone number. |
|
| Pre-Hire Information | Information provided in your job application or resume, information gathered as part of background screening and reference checks, pre-hire drug test results, information recorded in job interview notes by persons conducting job interviews for the Company, information contained in candidate evaluation records and assessments, information in work product samples you provided, and voluntary disclosures by you, such as protected classifications. |
|
| Employment History | Information regarding prior job experience, positions held, and when permitted by applicable law your salary history or expectations. |
|
| Education Information | Information from resumes regarding educational history; information obtained from transcripts or records of degrees and vocational certifications obtained. |
|
| Online Portal Access and Usage Information | Where job applicant or candidate must create an account to apply for a job, collect the applicant’s username and password, account history, usage history, and any information submitted through the account. |
|
| Inferences | Based on analysis of the personal information collected, we may develop inferences regarding job applicants’ predispositions, behavior, attitudes, intelligence, abilities, and aptitudes for purposes of recruiting and hiring assessments and decisions. |
|
| Medical and Health Information | Information related to symptoms, exposure, contact tracing, diagnosis, testing, or vaccination for infectious diseases (e.g., COVID-19), pandemics, or other public health emergency. | Not Disclosed |
Of the above categories of Personal Information, the following are categories of Sensitive Personal Information the Company may collect:
- Personal Identifiers (social security number, driver’s license or state identification card number, passport number)
- Account Information (your Company account log-in, in combination with any required security or access code, password, or credentials allowing access to the account)
- Medical and Health Information
Personal information does not include:
- Publicly available information from government records.
- Information that a business has a reasonable basis to believe is lawfully made available to the general public by the job applicant or from widely distributed media.
- Information made available by a person to whom the job applicant has disclosed the information if the job applicant has not restricted the information to a specific audience.
- De-identified or aggregated information.
We may collect your personal information from the following sources:
- You, the applicant, when you apply for a position of employment or voluntarily submit information (including through the Live Chat feature on our website)
- Company systems, networks, software applications, and databases you log into or use in the course of applying for a position with the Company, including from vendors the Company engages to manage or host such systems, networks, applications or databases
- Surveillance cameras at our physical locations
- Credit and consumer reporting agencies
- HR support vendors
- Recruiters
- Staffing agencies
- Job platforms and career sites like Indeed, LinkedIn, etc.
- Personal references and former employers
- Schools, universities, or other educational institutions which you attended
- From friends, family, or colleagues who choose to email you jobs that they think you may be interested in from our application platform
- Our employees, contractors, vendors, suppliers, guests, visitors, and customers based on your interactions with them (if any)
We may disclose your personal information to the following categories of third parties, service providers, and vendors:
- Government agencies
- Talent acquisition management systems
- Vendors providing services for purposes of our human resources information system (HRIS) and management of job applicant data and recruiting process
- Recruiting and staffing firms or agencies
- IT, cybersecurity, and privacy vendors and consultants
We may collect and use your personal information for the following business purposes:
- To fulfill or meet the purpose for which you provided the information. For example, if you share your name and contact information to apply for a job with the Company, we will use that Personal Information in connection with your candidacy for employment.
- To comply with local, state, and federal law and regulations requiring employers to maintain certain records (such as immigration compliance records, accident or safety records, and tax records).
- To evaluate, make, and communicate decisions regarding your job application and candidacy for employment.
- To obtain and verify background checks, references, and employment history.
- To communicate with you regarding your candidacy for employment.
- To permit you to create a job applicant profile, which you can use for filling out future applications if you do not get the job you are apply for.
- To keep your application on file even if you did not get the job applied for, in case there is another position for which we want to consider you as a candidate even if you do not formally apply.
- To pre-populate portions of your job application, if you use the Live Chat feature on the website.
- To evaluate and improve our recruiting methods and strategies.
- To engage in lawful monitoring of job applicant activities and communications when they are on Company premises, or utilizing Company internet and WiFi connections, computers, networks, devices, software applications or systems.
- To engage in corporate transactions requiring review or disclosure of job applicant records subject to non-disclosure agreements, such as for evaluating potential mergers and acquisitions of the Company.
- To evaluate, assess, and manage the Company’s business relationship with vendors, service providers, and contractors that provide services to the Company related to recruiting or processing of data from or about job applicants.
- To improve job applicant experience on Company computers, networks, devices, software applications or systems, and to debug, identify, and repair errors that impair existing intended functionality of our systems.
- To protect against malicious or illegal activity and prosecute those responsible.
- To prevent identity theft.
- To verify and respond to consumer requests from job applicants under applicable consumer privacy laws.
- INFECTIOUS DISEASE PURPOSES (pandemic, outbreak, public health emergency, etc.)
- To reduce the risk of spreading the disease in or through the workplace.
- To protect job applicants and other consumers from exposure to infectious diseases (e.g., COVID-19).
- To comply with local, state, and federal law, regulations, ordinances, guidelines, and orders relating to infectious diseases, pandemics, outbreaks, and public health emergencies, including applicable reporting requirements.
- To facilitate and coordinate pandemic-related initiatives and activities (whether Company-sponsored or through the U.S. Center for Disease Control and Prevention, other federal, state and local governmental authorities, and/or public and private entities or establishments, including vaccination initiatives).
- To identify potential symptoms linked to infectious diseases, pandemics, and outbreaks (including through temperature checks, antibody testing, or symptom questionnaire).
- To permit contact tracing relating to any potential exposure to infectious diseases.
- To communicate with job applicants and other consumers regarding potential exposure to infectious diseases (e.g., COVID-19) and properly warn others who have had close contact with an infected or symptomatic individual so that they may take precautionary measures, help prevent further spread of the virus, and obtain treatment, if necessary.
We may disclose your personal information for any one or more of the business purposes identified above.
We do NOT and will not sell your personal information in exchange for monetary or other valuable consideration. We do not share your personal information for cross-context behavioral advertising.
We do NOT and will not use or disclose your sensitive personal information for any purposes that give rise to a right to limit the use or disclosure of your sensitive personal information under the California Consumer Privacy Act (CCPA), if it applies and you are a California resident.
Retention of Personal Information
We will retain each category of personal information in accordance with our data retention schedule. Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes for which it was collected, as required to satisfy any laws and regulations governed by various regulatory agencies, legal, accounting, or reporting obligations, or as necessary to resolve disputes. In deciding how long to retain each category of personal information that we collect, we consider many criteria, including, but not limited to: the business purposes for which the Personal Information was collected; relevant federal, state and local recordkeeping laws; applicable statute of limitations for claims to which the information may be relevant; and legal preservation of evidence obligations.
We apply our data retention procedures on an annual basis to determine if the business purposes for collecting the personal information, and legal reasons for retaining the personal information, have both expired. If so, we will purge the information in a secure manner.
Third-Party Vendors
We may use other companies and individuals to perform certain functions on our behalf. Examples include administering e-mail and payroll services. Such parties only have access to the personal information needed to perform these functions and may not use or store the information for any other purpose.
Business Transfers
In the event we sell or transfer a particular portion of our business assets, employee information may be one of the business assets transferred as part of the transaction. If substantially all of our assets are acquired, employee information may be transferred as part of the acquisition.
Compliance With Law and Safety
We may disclose specific personal and/or sensitive personal information based on a good faith belief that such disclosure is necessary to comply with or conform to the law or that such disclosure is necessary to protect our employees or the public.
Passwords
The personal data record created through your registration for your Company account can only be accessed with the unique password associated with those records. To protect the integrity of the information contained in those records, you should not disclose or otherwise reveal your passwords to third parties.
Job Applicants Under the Age of 16
As we do not knowingly accept applications from anyone under the age of 16, we do not knowingly sell or share the personal information of job applicants under 16 years of age.
How We Protect the Information That We Collect
The protection of the information that we collect about employees is of the utmost importance to us and we take every reasonable measure to ensure that protection, including:
- We use commercially reasonable tools and techniques to protect against unauthorized access to our systems.
- We restrict access to private information to those who need such access in the course of their duties for us.
Rights Under the CCPA and CPRA
This section of the Privacy Policy applies only to California residents. If you are a California resident, you have the following rights pursuant to the California Consumer Privacy (CCPA) as amended by the California Privacy Rights Act (CPRA):
- Right to Know. The right to request, up to 2 times in a 12-month period, that we identify to you (1) the categories of personal information we have collected, shared or sold about you, (2) the categories of sources from which the personal information was collected, (3) the business purpose for which we use this information, and (4) the categories of third parties with whom we disclose or have disclosed your personal information;
- Right to Access. The right to request, up to 2 times in a 12-month period, that we provide you access to or disclose to you the specific pieces of personal information we have collected about you;
- Right to Delete. The right to request, up to 2 times in a 12-month period, that we delete personal information that we have collected from you, subject to certain exceptions;
- Right to Correct. The right to request that we correct inaccurate personal information (to the extent such an inaccuracy exists) that we maintain about you;
- The right to designate an authorized agent to submit one of the above requests on your behalf. See below for how you can designate an authorized agent; and
- The right to not be discriminated or retaliated against for exercising any of the above rights.
You Can Submit Any of the Above Types of Requests by Any of the 3 Options Below:
- Submit an online request on our website HERE.
- Call our privacy toll-free line at 833-203-4993.
- Submit a written request to: Black Bear Diner ATTN: Privacy Desk P.O. Box 991850 Redding, CA 96099-1850
How We Will Verify That it is Really You Submitting the Request:
If you are a California resident, when you submit a Right to Know, Right to Access, Right to Delete, or Right to Correct request through one of the methods provided above, we will ask you to provide some information in order to verify your identity and respond to your request. Specifically, we will ask you to verify information that can be used to link your identity to particular information in our possession, which depends on the nature of your relationship and interaction with us.
Responding to your Right to Know, Right to Access, Right to Delete, and Right to Correct Requests
Upon receiving a verifiable request from a California resident, we will confirm receipt of the request no later than 10 business days after receiving it. We endeavor to respond to a verifiable request within forty-five (45) calendar days of its receipt. If we require more time (up to an additional 45 calendar days, or 90 calendar days total from the date we receive your request), 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. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
We do not charge a fee to process or respond to your verifiable 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 a request to correct inaccurate personal information, we will accept, review, and consider any documentation that you provide, and we may require that you provide documentation to rebut our own documentation that the personal information is accurate. You should make a good-faith effort to provide us with all necessarily information at the time that you make the request to correct. We may deny a request to correct if we have a good-faith, reasonable, and documented belief that a request to correct is fraudulent or abusive. If we deny your request to correct, we shall inform you of our decision not to comply and provide an explanation as to why we believe the request is fraudulent.
If You Have an Authorized Agent:
If you are a California resident, you can authorize someone else as an authorized agent who can submit a request on your behalf. To do so, you must either (a) execute a valid, verifiable, and notarized power of attorney, or (b) provide other written, signed authorization that we can then verify. When we receive a request submitted on your behalf by an authorized agent who does not have a power of attorney, that person will be asked to provide written proof that they have your permission to act on your behalf. We will also contact you and ask you for information to verify your own identity directly and not through your authorized agent. We may deny a request from an authorized agent if the agent does not provide your signed permission demonstrating that they have been authorized by you to act on your behalf.
Consent to Terms and Conditions
By applying for a position with the Company or submitting any information for purposes of being considered for or inquiring about employment with the Company, you consent to all terms and conditions expressed in this Privacy Policy.
Changes to Our Privacy Policy
As our services evolve and we perceive the need or desirability of using information collected in other ways, we may from time to time amend this Privacy Policy. We encourage you to check our website frequently to see the current Privacy Policy in effect and any changes that may have been made to them. If we make material changes to this Privacy Policy, we will post the revised Privacy Policy and the revised effective date on this website. Please check back here periodically or contact us at the address listed at the end of this Privacy Policy.
Questions About the Policy
If you have any questions about this Privacy Policy, please contact us at privacy@blackbeardiner.com or call 833-203-4993.
**This Policy was last updated June 29, 2023.