One ATG: Crescent, SATA, GEARWRENCH, APEX, Weller, Cleco

 

 

Effective Date: January 1, 2023

 

Apex Tool Group, LLC and its affiliates (“ATG,” “we,” “us,” or “our”) have implemented this California Notice of Employment Privacy Practices (the “Notice”) to address the requirements of the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (collectively with all implementing regulations, “CCPA”). This Notice applies solely to California residents whose personal information is collected by ATG in the following situations:

  • In connection with a job application

  • In connection with being an employee of, owner of, director of, officer of, or contractor of ATG (collectively referred to as “Workforce Member”), to the extent that the personal information is collected and used by ATG within the context of such role or former role as a Workforce Member of ATG.

  • In connection with emergency contact information of the Workforce Member, to the extent that the personal information is collected and used solely within the context of having an emergency contact on file

  • In connection with retaining or administering benefits for another individual relating to the Workforce Member, to the extent that the personal information is collected and used solely within the context of administering those benefits.

We refer to such individuals as “you” or “your” throughout this Notice.

We note that CCPA and other privacy regulations are still in development and may change in the future. Therefore, we may choose or be required to update this Notice. Any terms defined in CCPA have the same meaning when used in this Notice.

This Notice does not address our treatment of certain of your personal information that is excluded from the scope of CCPA, including your personal information that is regulated by the Health Insurance Portability and Accountability Act (“HIPAA”).

 

NOTICE AT COLLECTION

 

We collect information from you and about you. Here are some examples of the information we may collect, how we may use it and how we may disclose it. Below this Notice at Collection, you will find more detailed descriptions of how we may collect, use and disclose personal information.

  • Information. This may include your name, mailing or billing address, email address, phone number or signature

    • How We May Collect It: Directly from you, from your beneficiaries and dependents, from our service providers, from Workforce Members, from benefits administrators,or from third parties.

    • How We May Use It: For operational purposes to provide services and benefits to you as a ATG Workforce Member for legal purposes, for security purposes, or for other permitted purposes.

    • How We May Disclose It: Internally, on our online platforms and in written materials; to service providers; to authorized third parties; to comply with the law or protect our organization; with successors to all or part of our organization; or for other permitted purposes.

  • Government identification numbers. This may include your Social Security number, driver’s license or state identification number, passport number, military identification number, or tribal identification number.

    • How We May Collect It: Directly from you; from your beneficiaries and dependents; from our service providers; or from Workforce Members.

    • How We May Use It: For operational purposes; to provide services and benefits to you as a ATG Workforce Member; for legal purposes; for security purposes; or for other permitted purposes.

    • How We May Disclose It: Internally, to service providers; to authorized third parties; to comply with the law or protect our organization; with successors to all or part of our organization; or for other permitted purposes.

  • Financial information. This may include your financial account number, such as your checking or savings account number

    • How We May Collect It: Directly from you; from your beneficiaries and dependents; from our service providers; or from Workforce Members.

    • How We May Use It: For operational purposes; to provide services and benefits to you as a ATG Workforce Member; for legal purposes; for security purposes; or for other permitted purposes.

    • How We May Disclose It: Internally, to service providers; to authorized third parties; to comply with the law or protect our organization; with successors to all or part of our organization; or for other permitted purposes.

  • Protected classification characteristics under state or federal law. This may include your age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

    • How We May Collect It: Directly from you; from your beneficiaries and dependents; from our service providers; from Workforce Members; or from benefits administrators.

    • How We May Use It: For operational purposes; to provide services and benefits to you as a ATG Workforce Member; for legal purposes; for security purposes; or for other permitted purposes.

    • How We May Diclose It: Internally, to service providers; to authorized third parties; to comply with the law or protect our organization; with successors to all or part of our organization; or for other permitted purposes.

  • Precise geolocation data. This includes precise geolocation information gleaned from GPS.

    • How We May Collect It: Directly from you; from your beneficiaries and dependents; from our service providers; from Workforce Members; from benefits administrators; from third parties; or automatically

    • How We May Use It: For operational purposes; to provide services and benefits to you as a ATG Workforce Member; for legal purposes; for security purposes; or for other permitted purposes.

    • How We May Diclose It: Internally, on our online platforms and in written materials; to service providers; to authorized third parties; to comply with the law or protect our organization; with successors to all or part of our organization; or for other permitted purposes.

  • Internet or other similar network activity. This may include unique personal identifier, online identifier, IP address and location based on IP address, device identifier, browsing history, search history, and information regarding interaction with an Internet website, application, or advertisement. This may also include information about the browser you are using or what site you came from and what site you visit when you leave us.

    • How We May Collect It: From our service providers or automatically.

    • How We May Use It: For operational purposes; for legal purposes; for security purposes; or for other permitted purposes.

    • How We May Diclose It: Internally, to service providers; to authorized third parties; to comply with the law or protect our organization; with successors to all or part of our organization; or for other permitted purposes

  • Sensory data. This may include pictures (e.g., photographs on government identification cards or passports or photographs from ATG social or business events or photographs taken for Workforce Member ID purposes), video conferences, video recordings (e.g., videos captured for security purposes), telephone calls (e.g., if your tasks as a Workforce Member ) require you to participate in telephone calls that may be recorded.

    • How We May Collect It: Directly from you; from your beneficiaries and dependents; from our service providers; from Workforce Members; from benefits administrators; or from third parties.

    • How We May Use It: For operational purposes; to provide services and benefits to you as a ATG Workforce Member; for legal purposes; for security purposes; or for other permitted purposes

    • How We May Diclose It: Internally, on our online platforms and in written materials; to service providers; to authorized third parties; to comply with the law or protect our organization; with successors to all or part of our organization; or for other permitted purposes

  • Professional information. This may include pictures (e.g., photographs on government identification cards or passports or photographs from ATG social or business events or photographs taken for Workforce Member ID purposes), video conferences, video recordings (e.g., videos captured for security purposes), telephone calls (e.g., if your tasks as a Workforce Member ) require you to participate in telephone calls that may be recorded.

    • How We May Collect It: This may include your current or past job history or performance evaluations.

    • How We May Use It: For operational purposes; to provide services and benefits to you as a ATG Workforce Member; for legal purposes; for security purposes; or for other permitted purposes.

    • How We May Diclose It: Internally, on our online platforms and in written materials; to service providers; to authorized third parties; to comply with the law or protect our organization; with successors to all or part of our organization; or for other permitted purposes.

  • Education information. This may include schools attended, degrees and certificates awarded or in process, grades achieved in education courses, vocational trainings and certifications and transcript information.

    • How We May Collect It: Directly from you; from our service providers; from third parties; or automatically.

    • How We May Use It: For operational purposes; to provide services and benefits to you as a ATG Workforce Member; for legal purposes; for security purposes; or for other permitted purposes.

    • How We May Diclose It: Internally, on our online platforms and in written materials; to service providers; to authorized third parties; to comply with the law or protect our organization; with successors to all or part of our organization; or for other permitted purposes.

  • Inferences drawn from personal information. This may include using the categories of personal information above to create a profile relating to your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitude.

    • How We May Collect It: Directly from you; from your beneficiaries and dependents; from our service providers; from Workforce Members; from benefits administrators; from third parties; or automatically.

    • How We May Use It: For operational purposes; to provide services and benefits to you as a ATG Workforce Member; for legal purposes; for security purposes; or for other permitted purpose.

    • How We May Diclose It: Internally, on our online platforms and in written materials; to service providers; to authorized third parties; to comply with the law or protect our organization; with successors to all or part of our organization; or for other permitted purposes.

Our Personal Information Retention Criteria: CCPA requires that we disclose the criteria we use to determine how long we will retain each category of personal information we collect. Frequently, our records contain several of these categories of personal information combined together and therefore we consider, on a case-by-case basis, a number of factors to assess how long personal information is retained. These factors include what personal information is reasonably necessary to (i) provide our products and services or administer our relationship with an individual; (ii) protect our business, employees, organization and others; (iii) fulfill our legal and regulatory obligations; and (iv) investigate and address issues that may include safety concerns, potential security incidents or policy violations.

Required Disclosures: We are required under CCPA to make the disclosures that follow in this paragraph. Please note that we do not sell Workforce Member personal information or personal information of individuals under the age of 16. We also do not share Workforce Member personal information for cross-contextual advertising purposes. Finally, we strive to collect, use and disclose “sensitive personal information” (as this term is defined under relevant United States privacy laws) as permitted or required under these laws.

 

 

MORE DETAILS ABOUT HOW WE MAY COLLECT YOUR PERSONAL INFORMATION

We may collect your personal information in different ways. Below, you will find additional details and examples regarding how we may collect your personal information.

  • Directly from you. For example, we collect the personal information you provide to us in connection with your job application or application for ATG-provided benefits. We will also collect the personal information you provide to us throughout the duration of your employment with ATG.

  • From your beneficiaries and dependents. For example, your beneficiaries and dependents may provide us with your personal information in the course of their receipt of benefits provided or administered by us.

  • From our service providers. For example, we will collect your personal information from the service provider that provides background checks for us. We may also receive your personal information from service providers who help us run our business, including payroll, software, certain recruiters, and travel management providers.

  • From Workforce Members. For example, if a Workforce Member provides your personal information in connection with an application for ATG-provided benefits.

  • From benefits administrators. For example, we may receive personal information about you from the companies that administer the benefits plans offered by ATG.

  • From third parties. For example, a recruiting agency may provide your personal information to us in connection with our search for a Workforce Member. We may also receive personal information from your medical provider in connection with an absence from work or other medical need you may have.

  • Automatically. For example, we may automatically collect personal information from the computers and other devices that you use in the course of being a Workforce Member. We may also collect such personal information from the electronic platforms we provide to you, including ATG’s email, word processing and “chat” platforms.

 

MORE DETAILS ABOUT HOW WE MAY USE YOUR PERSONAL INFORMATION

Here are more details and examples regarding how we may use your personal information:

  • For operational purposes. This may include using your personal information to properly administer our workforce and support our organizational functions, such as making employment decisions, undertaking Workforce Member reviews, processing payroll or addressing tax requirements. This may also include using your personal information to assess the diversity of our workforce.

  • To provide services and benefits to you as a ATG Workforce Member. For example, this may include using your personal information to offer and maintain our benefits and compensation programs.

  • For legal purposes. For example, this may include using your personal information to respond to law enforcement or legal requests, including by responding to court orders or subpoenas. We may also use your personal information as permitted or required to fulfill our obligations under laws or governmental regulations.

  • For security purposes. This may include using your personal information to safeguard our information technology infrastructure, detect security incidents, conduct investigations and take other actions as required or permitted by applicable law to protect and defend ATG, our affiliates and subsidiaries, and our Workforce Members.

  • For other permitted purposes. This may include using your personal information as directed by you, as we otherwise describe to you when collecting your personal information or as otherwise set forth in or permitted by the CCPA or other applicable laws.

 

 

MORE DETAILS ABOUT HOW WE MAY DISCLOSE YOUR PERSONAL INFORMATION

Here are more details and examples regarding how we may disclose your personal information

  • Internally. This may include our parent company, subsidiaries and affiliates.

  • On our online platforms and in written materials. For example, this may include sharing pictures of you on our website and our social media pages. We may also include your personal information in written materials, such as articles and marketing communications.

  • To service providers. This may include entities that provide services to our company, including our legal counsel, technology vendors and benefits administrators.

  • To authorized third parties. For example, this may include our auditors, actuaries, accountants or other third parties, as required or permitted by applicable law. This may also include disclosing certain of your personal information to our ATGs or customers in the normal course of our operations.

  • To comply with the law or to protect our organization. This may include responding to court orders or subpoenas, or defending ATG in a lawsuit. This may also include sharing your personal information if a government regulator or investigatory body requests this data. We may also disclose your personal information when we are investigating a security incident, allegation, or a potential fraud or violation of law.

  • With any successors to all or part of our organization. For example, if we merge with, acquire or are acquired by, or sell part of our company to another entity. This may include an asset sale, corporate reorganization or other change of control.

  • For other permitted purposes. This may include disclosing your personal information as directed by you, as we otherwise describe to you when collecting your personal information or as otherwise set forth in or permitted by the CCPA or other applicable laws.

 

 

PRIVACY RIGHTS

Subject to certain exclusions included in CCPA, and as relevant to our operations, you may have the rights listed below to make certain requests about the personal information that we maintain about you. We may take steps to verify your identity, as permitted or required under CCPA, before we process your request. Verification may include asking you to provide information about yourself that we can match against information already in our possession.

  • Notice. This means that you can request that we disclose what personal information we have collected about you, including the categories of personal information; the categories of sources from which the personal information is collected; the business or commercial purpose for collecting, selling, or sharing personal information; the categories of third parties to whom we have disclosed personal information and the specific pieces of personal information we have collected about you.

  • Deletion. This means that you can request that we delete personal information about you that we have collected from you.

  • Correction. This means that you can request that we correct inaccurate personal information that we maintain about you.

  • Right to Non-Discrimination.This means that we are prohibited from discriminating against you if you exercise your rights under CCPA.

California residents who wish to exercise their rights under this section can contact us as described below. Please indicate you are a California resident making a “CCPA” request.

Agents. Agents that you have authorized to act on your behalf may also submit CCPA requests as instructed above. The agent must also provide evidence that they have your written permission to submit a request on your behalf. If we are unable to verify the authenticity of a request, we may ask you for more information or may deny the request.

 

 

AMENDMENT

ATG reserves the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will update the Notice's effective date and make available the updated Notice as required by law.

 

 

CONTACT INFORMATION

If you have any questions or comments about this Notice, and/or the ways in which ATG collects, uses, and discloses your personal information, please do not hesitate to contact us via email at matthew.kizak@apextoolgroup.com.

you can also write us at:

13620 Reese Blvd.
Suite 405
Huntersville, NC 28078
Attn: Chief Compliance Officer

Finally, you may call Matt Kizak at (919) 818-5851.