California Candidate Privacy Addendum
Last Modified: January 20,2025
For our full policy, please visit our Candidate Privacy Policy page.
This California Privacy Addendum (the “California Privacy Addendum”) supplements the Harder Mechanical Contractors, Inc. (“Harder,” “we,” “us,” and “our”) Candidate Privacy Notice and supports compliance with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”). This Addendum solely applies to you if you are a job candidate who resides in the State of California in the United States of America.
In the event of a conflict between the terms of this Addendum and the rest of the Candidate Privacy Notice, this Addendum shall take precedence for California residents. Capitalized terms not defined herein shall have the meanings set forth in the CCPA.
In order to facilitate your application to and potential employment at Harder, we collect and processes certain categories of “personal information” from and about you. The term “personal information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household.
Categories of Personal Information
For the purposes of this California Privacy Addendum, Harder collects, and has collected in the preceding twelve (12) months, the following categories of personal information from and about you:
Application and Recruitment Information
- Data you provide to Harder during the application process, including your personal details, meaning your name, contact information, such as your postal or residential address, email address, and telephone number, your emergency contact information, employment and educational history, other records of professional achievement (including your resume, CV, and other application materials), technical skills, professional licenses, specialized certifications, and proficiencies specific to mechanical contracting to assess your qualifications and potential fit within our organization, biographical information, and any government identifiers, such as social security number, driver’s license number, or passport number;
- Union membership status, membership history, and relevant certifications to understand your professional background and potential work assignments;
- Safety information and records related to your safety performance, including safety certifications to understand your professional background and potential work assignments;
- Internet or other electronic network activity information, including your IP address;
- Data about your credit history, criminal records or other data revealed during background screenings as permitted by applicable law;
- Data generated by interviewers and recruiters, based on their interactions with you or information publicly available about you on the Internet;
- Your offer letter or contract of employment and any amendments to it;
- Data provided by third-party placement firms, sourcers, recruiters, or job-search websites, where applicable;
- Recommendations or references provided on your behalf by others;
- Data from third-party sites that you authorize to provide us information, such as LinkedIn or Indeed;
- Geolocation data (physical location or movement);
- Audio, electronic, visual, thermal, olfactory, or similar information; and
- Inferences drawn from other personal information.
Legal Compliance Information
- Information needed for monitoring Harder’s compliance with our equal opportunities obligations, such as race, national origin, sex, sexual orientation, age, and veteran status;
- Documentation required under immigration laws, such as citizenship, and visa or permanent resident status;
- When permitted or required by applicable law, data about your health or disability where (1) it relates to your ability or availability to work or to a workplace accommodation; or (2) is needed to comply with Harder’s legal obligations about the health and safety of the workplace;
- We may use drug testing results to maintain a safe workplace environment, comply with industry safety regulations, and make informed hiring decisions that protect both our employees and our operational integrity; and
- Where permitted by applicable law, data about race, ethnicity, religion, disability, gender, sexual orientation, and other legally protected or significant characteristics or statuses, for purposes of government reporting where required, as well as to understand the diversity characteristics of Harder’s applicants.
Purposes of Collection
The purposes for which Harder uses your personal information are as follows:
- Performance in the employment relationship between you and Harder, if you become employed by us;
- Take actions reasonably anticipated within the context of our ongoing employment relationship with you, or otherwise perform our employment contract with you, if you become employed by us;
- Process your job candidate application;
- Help to ensure security and integrity, to the extent the use of your personal information is reasonably necessary and proportionate for those purposes; and
- The compliance with a legal obligation to which Harder is subject.
Additional Disclosures
We may disclose personal information in certain circumstances, including to: comply with our legal obligations; to protect the rights and property of our customers and the public; to detect and respond to suspected illegal activities and threats to the health and safety of any person or of our systems or services; in connection with, or during negotiations of, any merger, joint venture, sale of Harder assets, financing, or acquisition of all or a portion of the Harder business, assets or stock by another company (including in connection with any bankruptcy or similar proceedings); to maintain Harder’s business operations, including, for example, by providing or enabling our service providers, professional advisors, or other similar entities to assist with the administration of communication platforms, and expense management and facilitate internal programs relating to diversity, inclusion, and anti-discrimination; and with your consent and at your direction.
In the preceding twelve (12) months, Harder has disclosed personal information to the following categories of recipients:
Personal Information Category | Category of Recipients |
---|---|
Identifiers | Recruitment and personnel management service providers and fraud detection and security service providers |
Protected classification characteristics under California or federal law | Recruitment and personnel management service providers |
Internet or other similar network activity | Fraud detection and security service providers |
Geolocation data | Fraud detection and security service providers |
Audio, electronic, visual, thermal, olfactory, or similar information | Recruitment and personnel management service providers, fraud detection and security service providers |
Professional or employment-related information | Recruitment and personnel management service providers |
Inferences drawn from other personal information | Recruitment and personnel management service providers |
Sensitive personal information | Recruitment and personnel management service providers, government authorities, and regulators |
We do not use or disclose your sensitive personal information for purposes other than those permitted by California law.
We may also disclose aggregated or de-identified information, which cannot reasonably be used to identify you. We process, maintain, and use this information only in a de-identified fashion and will not attempt to re-identify such information except as permitted by law.
Retention of Your Personal Information
When and if you are given and accept an offer of employment by Harder, personal information collected during your pre-employment period becomes part of Harder personnel records for you, to be retained throughout and for a period after your employment with Harder.
Harder determines the retention period of your personal information based on the following retention criteria:
- Harder retains your personal information as long as it has an ongoing relationship with you;
- Harder retains your personal information where it is required to do so by a legal obligation to which it is subject; and
- Harder retains your personal information where this is advisable to safeguard or improve Harder’s legal position (for instance in relation to statutes of limitations, litigation, or regulatory investigations).
Selling and Sharing of Your Personal Information
Harder has not and does not sell or share your personal information.
Your Rights and Choices
You have specific rights regarding your personal information. This section describes 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 and sensitive information, unless responding to the request is impossible or involves a disproportionate effort. Once we receive and confirm your verifiable request, we will disclose to you:
- The categories of personal information and sensitive information we collected about you.
- The categories of sources for the personal and sensitive information we collected about you.
- Our business or commercial purpose for collecting, using and/or disclosing that information.
- The categories of third parties, contractors and service providers, if any, with whom we share, sell or disclose that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we disclosed your personal information for a business purpose, a list of those disclosures, identifying the personal information categories that each category of recipient obtained.
- Whether your personal information is sold or shared.
- The retention period or criteria used for retention of your personal information.
You also, through a verifiable request, have the right to have your personal information transmitted directly from us to a third party, where technically feasible.
Correction and Deletion Request Rights
You have the right to request that we correct or delete any of your personal information that Harder collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable request, we will correct or delete (and direct any service providers to correct or 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 provider(s) to:
- Fully and adequately perform in the employment relationship between you and Harder, if you become employed by Harder;
- Take actions reasonably anticipated within the context of our ongoing employment relationship with you, or otherwise perform our employment contract with you, if you become employed by Harder;
- Help to ensure security and integrity, to the extent the use of your personal information is reasonably necessary and proportionate for those purposes; and
- Comply with any and all legal obligations.
Exercising Access, Data Portability, Correction and Deletion Rights
To exercise the access, data portability, correction, and deletion rights described above, please complete a request form and send it to:
Harder Mechanical Contractors, Inc.
Attn: Legal Department
2148 NE Martin Luther King Jr. Blvd.
Portland, Oregon 97212
hr@harder.com • (503) 281-1112
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to your personal information. You may also make a verifiable request on behalf of your minor child.
You may only make a verifiable request for access or data portability twice within a 12-month period. The verifiable request must:
- Provide enough information that allows us to reasonably verify you are the person about whom we collected personal information or an 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. We will only use personal information provided in a verifiable request to confirm the requestor’s identity or authority to make the request.
Response Timing and Format
Non-Discrimination
We will not discriminate against you for exercising any of your rights described above. Unless permitted by law, we will not:
- Deny you services.
- Provide you a different level of service.
- Discriminate in making employment decisions.
Shine the Light Disclosure
We have not shared any personal information with other companies for their direct marketing use within the immediately preceding calendar year. Accordingly, California’s “Shine the Light” law, Cal. Civil Code § 1798.83 to § 1798.84, does not apply to us and we have not established any mechanism for you to request information on our sharing of information for third parties’ marketing purposes.
Changes To California Privacy Addendum
Harder may make changes to this California Privacy Addendum, by updating this notice or providing you with an addendum to this notice. You should review this California Privacy Addendum periodically to keep up to date on our most current policies and practices concerning your personal information.