Aviso de Privacidad Para Candidatos de California

Candidate Privacy Policy and Notice for California Residents

McCarthy Holdings, Inc. and its subsidiaries^[1] and affiliates who may handle your candidacy and application for employment (collectively, “Company”, “us” or “we”) respect the privacy rights of people seeking employment with us. 

We adopt this Notice to comply with the California Consumer Privacy Act of 2018 and any subsequent amendments, including the California Privacy Rights Act (“CPRA”). Any terms defined in the CPRA have the same meaning when used in this Notice.

In collecting, using, or disclosing personal information about candidates, we will adhere to the obligations set out in this Notice and applicable law. Where there is a conflict between applicable law and this Notice, the law will apply to the extent it is more protective.

Personal information we collect

To receive information from us about job openings or to apply for employment, you may be asked to provide personal information. The personal information that you may be requested to provide, or that we may otherwise collect may include:

• Name
• Contact information, including home address, home telephone, mobile telephone, and email address
• Date of birth
• Tax Identification or other government identification numbers (e.g., social security number, driver’s license number, state identification card number)
• Work and employment history
• Education history, including institutions attended, grades and degrees obtained
• Citizenship and eligibility or right to work
• Interest in employment opportunities, salary expectations and scheduling availability
• Job specific questions that relate to your fitness for a particular position, including whether you are able to perform physical functions of a role and motor vehicle record (MVR) if you will be driving as part of the role
• Results of any assessments, evaluations, or online testing you are invited to take as part of the application process
• Information regarding potential conflict of interest issues
• Any information you provide during the application and interview process or for the purposes of onboarding (e.g., bank account details where we will pay you)

In some circumstances, we may ask individuals to self-identify certain personal information such as their ethnicity, gender, veteran status, and disability information. Providing this information is voluntary and your decision to provide or withhold any such information will not negatively impact whether or how we will consider you for employment in compliance with applicable state and federal laws. If you decline to provide certain of these characteristics (e.g., race/ethnicity) about yourself, we may need to identify them by reference to records or visual observation for compliance reporting purposes, in compliance with applicable law. 

Where we conduct background screening on candidates, additional information as to how we do that and your associated rights will be provided to you separately.

If you join us, we will collect additional information during your employment and that will be covered by a separate Employee Privacy Policy which will be provided to you.

We will treat any personal information considered sensitive under applicable law in accordance with applicable law. The collection and use of sensitive personal information will be limited to that which is strictly necessary for the purposes for which it was collected, as outlined herein, and is not for the purpose of inferring characteristics about you. We do not use, without your consent, sensitive personal information for other purposes that would require us to specify a method for submitting a request to limit such use. Your explicit consent will be obtained to the processing of your sensitive personal information, unless otherwise permitted by applicable law.

How we use personal information

Information you voluntarily provide

Any personal information collected will be used to:

• enable you to express interest in and/or allow you to apply for employment with us
• consider your candidacy for employment
• comply with any  applicable legal and regulatory requirements involving job applicants, which may include providing reports to government agencies
• verify your identity to ensure security for one of the other purposes listed in this Notice
• populate your employee records in the event you are hired
• ensure or enhance the security and functionality of our facilities and electronic systems
• protect against fraud
• conduct internal investigations and comply with legal obligations

Personal information is used only in ways that are compatible with the purposes described in this Notice. We will provide notice to you if your personal information will be used for other purposes.

We take commercially reasonable steps to ensure that the personal information we collect is relevant to its intended use and is accurate, up-to-date, and complete.

Site navigation information

Where you apply for employment via the Careers section of our website (“Site”), we also collect information related to your use of the Site. Please refer to our website Privacy Policy for details on personal information collection related to your use of our Site.

Sharing of 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 share your personal information with service providers we have retained to perform services on our behalf to:

• administer our relationship with you (including aspects of evaluation of your application, for instance, if you are invited to participate in assessments conducted by our service providers)
• investigate, enforce and defend against legal claims and comply with legal obligations, including in response to a legitimate legal request from law enforcement authorities or other government regulators
• maintain the security and integrity of our networks and systems
• investigate suspected or actual illegal activity or that which violates company policy
• prevent physical harm or financial loss
• support the sale or transfer of all or a portion of our business or assets (including through bankruptcy)

All of our service providers will use personal information only for the purposes identified in this Notice and will provide services under a contract which restricts use of information to that which is necessary to perform services on our behalf or to comply with legal requirements.

We do not otherwise share or sell your personal information. This means that to our knowledge, we also do not sell or share the personal information of persons under 16 years of age.

Access, Correction & Deletion

If you are a California resident, you have a right to know about the personal information we collect, use, and disclose about you, the right to correct inaccuracies and the right to request deletion, subject to certain exceptions. Please see the “Contact Us” section below for information on how to notify us that you want to exercise such rights. If emailing, please use the email we have on file, if possible, as this helps verify your identity.

To report problems with the Site or to pose questions or concerns, contact us by emailing privacy [at] mccarthy.com (privacy[at]mccarthy[dot]com).

Non-discrimination

If you are a California resident, California law does not permit us to discriminate or retaliate against you because you exercised certain privacy rights under CPRA and we don’t intend to do this in any case.       

Safeguards

We have in place physical, electronic and procedural safeguards appropriate to the sensitivity of the information we maintain. Safeguards will vary depending on the sensitivity, format, location, amount, distribution and storage of the personal information. They include physical, technical, and managerial measures to keep personal information protected from unauthorized access. However, due to the nature of the internet and related technology, we cannot absolutely guarantee the security of personal information, and we expressly disclaim any such obligation.

Data retention

We retain your personal information as long as necessary during your engagement, during any transition period (e.g., for the provision of ongoing benefits) or to comply with applicable legal obligations and record retention requirements.

Your personal information will be retained so as to consider you for roles for which you may be qualified with us or our group entities, for employing you, if you are successful, and as otherwise reasonably necessary to fulfill the purposes described in this Notice. You can let us know if you do not wish to be considered for any further roles by emailing careers [at] mccarthy.com (careers[at]mccarthy[dot]com).

We determine how long to retain your personal information by reference to applicable law or regulation, court, administrative or arbitration proceedings, or audit requirements.

Changes to this Notice

We may need to update this Notice from time to time. We encourage you to review this Notice on a regular basis for any changes.

Designating an Authorized Agent

California law permits California residents to designate an agent to manage their rights under California law. If you qualify and would like to designate an agent to manage your privacy preferences, you may do so using the mechanisms noted below under “Exercising California Privacy Rights”. We will also need sufficient Personal Information about your authorized agent to be able to identify them. As part of this process, you must have permission from your authorized agent to disclose their Personal Information to us for the purpose of acting as your agent.

Exercising California privacy rights

If you are a California resident and would like to exercise any of your rights you may do so by contacting us by using the contact particulars noted in the “Contact Us” section below. For your protection, where appropriate, and except where prohibited by law, we take reasonable steps to verify requests before they are processed.  This may include, for example, a request from us for you to confirm your identity, to validate documents you submit to us or to verify your agent’s authority to make the request. 

Contact Us

If you have any comments or questions about the application process, please email careers [at] mccarthy.com (careers[at]mccarthy[dot]com).

If you are a California resident and wish to exercise your rights under the CPRA, please email privacy [at] mccarthy.com (privacy[at]mccarthy[dot]com) or use the details listed below to contact us. We will confirm receipt without delay and substantively respond to your request within the timeframe required by law.  If we require more time, we will let you know how long we need and why.

If you have questions about our privacy practices in general, or wish to report a violation of the provisions of this Notice, please email privacy [at] mccarthy.com (privacy[at]mccarthy[dot]com) or call (314) 368-3300.

You may also want to refer to our website Privacy Policy.

Date this Notice was last updated: March 15, 2023

^[1] Subsidiaries of McCarthy Holdings, Inc. include McCarthy Building Companies, Inc., Castle Contracting, LLC, Paul Hansen Equipment, Inc., and MC Industrial, Inc.