Privacy Policy for California Employees
Effective Date: December 23, 2022
1. General information
This General Privacy Policy explains the types of regulated personal information or data (“Personal Information”) that Freudenberg Medical, LLC (“Freudenberg” or “we”) collects, uses, and discloses with regard to its employees.
Please note that this policy describes our collection and handling of your Personal Information in your role as an employee. If you use our website or do business with us outside your capacity as an employee, please see our United States General Privacy Policy.
2. Categories of employee Personal Information we collect and retain
During your application process and employment with us, we will collect and process Personal Information about you and your dependents, beneficiaries, and other individuals whose Personal Information you have provided to us. We collect your Personal Information from a variety of sources but mainly directly from you. You may provide this information directly to our personnel, through identification documentation, by your participation in HR processes, through e-mails you send to us, or through verbal communication that we record electronically or manually. In addition, we also may obtain information about you from performance assessments or other similar reviews. The types of Personal Information that we may collect and Process about you include the below:
| Data elements | How do we collect or obtain them? |
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Personal identifiers
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Employment with us
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Financial information for payroll and expense reimbursement
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Background and personal history
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Benefits information
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Illness or diagnosis information
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Recordings
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Information about third parties
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3. How we use employees’ Personal Information internally
Generally, FM collects, Processes, and discloses your Personal Information to administer and facilitate your employment with us or the review of your employment application. However, please review the below sections for more information on how FM will process your Personal Information. Click on one of the headings below to expand.
3.1 Recruiting process
Your application: when you apply for a job with Freudenberg (whether you already work for Freudenberg or not), we will ask you to provide Personal Information to support your application and to enable us to determine your eligibility and suitability for the role. This will include the Personal Information we need to enable us to select the right candidate for the role and may include things such as career history, employment details, educational qualifications, and skills. If you are successful in the employment process any Personal Information provided to us may then form part of your HR record, which we would maintain for the duration of your employment.
Pre-employment checks: before you start work with us or change jobs within Freudenberg, we may use your Personal Information to carry out pre-employment checks. Where your local law allows, this may include criminal record checks and right-to-work checks and verify references. We only collect this information where local laws allow it.
3.2 Human resources and compensation
As limited by applicable local law and regulation, Freudenberg will use your Personal Information for the purposes identified below:
To manage your pay and any associated compensation: we use your bank details and social security number (or similar government identification number) and details of earnings from previous employment so that we can pay your salary, make appropriate deductions for benefits, and pay local, state, or federal taxes.
To manage other aspects of your employment relationship: the Personal Information we collect and use for this purpose will include (or be included in) information about your performance at work (e.g. appraisals, development notes and plans, records of your training and other compliance requirements), workforce management, succession or other forecasting information, information about absence history, requests for unpaid leave, accident at work records, accident reports, and notes of management interviews.
To process employment or work-related claims: including grievances, disciplinary matters, personal injury, and worker's compensation claims.
To notify you or your emergency contact in the case of an emergency (either yours or ours): we will ask you to provide us with home telephone numbers, mobile numbers, and the names of people we can contact in an emergency. Where you nominate a contact for emergencies (e.g., a friend or relative) please ensure you advise them of this arrangement and where applicable, get their consent.
Retirement accounts: we collect and use your Personal Information so that we can administrate your retirement accounts or any other ongoing entitlements once you have stopped working for us.
3.3 Finance and accounting
Business expenses: we may use your Personal Information such as bank details to reimburse your business expenses.
3.4 Information technology
Administration of IT assets: so that you can use these IT systems of either Freudenberg or our service provider to be able to do your job, we and/or our service providers may need your Personal Information to authorize, grant, administer, monitor, and terminate your access to, or use of these systems. We may also require your Personal Information to perform other IT-related activities such as reporting, managing, and resolving faults or other IT issues and for the administration, support, development, testing, management, and maintenance of our and/or third-party IT systems.
3.5 Security, business continuity, legal, and compliance
Physical access to facilities: we may provide you with an access card to enable you to enter locations to do your job. This information resides on secure systems and the use of the access card may be monitored for security compliance and used in the event of an emergency. We may use this information to systematically record the presence or absence of all employees. Third parties or clients may require your Personal Information if you need access to a third party or the clients’ locations, facilities, records, property, and/or infrastructure to do your job.
Video monitoring: at some locations, where allowed by law, we deploy video surveillance to secure our property and to protect people working at and visiting our sites. We may monitor video surveillance for security, for evidence of misuse of company facilities or assets, or where we suspect that someone has committed a criminal or serious disciplinary offense.
Monitoring the use of communications services: we provide communications services and facilities, including enterprise software, telephones, and the internet to you for business use. Your use of these communications services and facilities must be appropriate to protect our reputation. Subject to local laws or regulations, we may block access to certain sites and may monitor, record, and analyze your usage of the communications services and facilities that we provide to you in connection with your work. When you call one of our internal helpdesks, we may record those calls for training and quality purposes.
Prevention and detection of crime: in the rare event that we have reasonable grounds for suspecting criminal activity or that another serious disciplinary offense has been committed, we may, subject to local law and regulation, carry out monitoring. Such monitoring is only used as part of a specific investigation and must first be authorized by the Legal Department.
Legal and compliance: we may use your Personal Information as may be necessary to meet our legal, statutory, or regulatory obligations, comply with applicable law, or detect, investigate, defend, bring, or otherwise address legal claims and issues, such as:
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To comply with our legal obligations, including where necessary to abide by the law, regulation, or contract, or to respond to a court order, administrative or judicial process, including, but not limited to, a subpoena, government audit, or search warrant.
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In response to lawful requests by public authorities (including for national security or law enforcement purposes).
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As necessary to establish, exercise, or defend against potential, threatened, or actual litigation.
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Where necessary to protect the vital interests of another person.
Internal and external publicity: we may use your name, photo, or likeness in internal publications or newsletters, our intranet site, corporate directories, Microsoft 365 profile, or external interviews or press releases.
Corporate transactions: we may use and/or disclose Personal Information connected with the sale, bankruptcy, assignment, or other transfer of all or part of our business.
4. What we do with the Personal Information we collect
We will not sell, trade, or otherwise transfer to third parties your Personal Information unless we provide you with advance notice; however, we may share this data with our parent company, subsidiaries, and affiliates (our “Business”), and vendors we retain to provide services necessary to our operations (our “Service Providers”). Such third parties could include website hosting companies, public relations companies, advertising and marketing agencies, and mail delivery service companies. These parties are under obligation to use the information only in support of our business, not their own.
We also reserve the right to release Personal Information (i) when we are under legal compulsion to do so (e.g., we have received a subpoena) or we otherwise believe that the law requires us to do so; (ii) when we believe it is necessary to protect and/or enforce the rights, property interests, or safety of Freudenberg, our users or others; or (iii) as we deem necessary to resolve disputes, troubleshoot problems, prevent fraud, and otherwise enforce the Privacy Statement and any applicable Terms of Use for our Website.
Additionally, if Freudenberg is merged with or becomes part of another organization, or if Freudenberg is sold or sells all or substantially all of its assets or is otherwise reorganized, the information you provide may be one of the transferred assets to the acquiring or reorganized entity.
5. Which Service Providers see your employment-derived Personal Information
We take care to limit access to your Personal Information to only those who require such access to perform their tasks and duties, and/or to approved service providers who have a legitimate purpose in doing so. Whenever we permit a third party to access Personal Information, we will implement appropriate measures to ensure the information is used in a manner consistent with this Policy and that the security and confidentiality of the information are maintained. We may transmit your Personal Information as follows:
| Service provider | Services provided to us | Personal Information categories |
|---|---|---|
| ADP Vantage https://myadp.com/ |
Background check vendor Benefits HRIS Payroll Leaves of absence Unemployment management Workers Compensation |
Personal identifiers Background and personal history Financial information Illness or diagnosis information Information about third parties |
| Alert Media (Baldwin Park only) https://www.alertmedia.com/ |
Emergency contact | Personal identifiers Information about third parties |
| Blue Cross and Blue Shield of Michigan https://www.bcbsm.com/ |
Benefits provider (medical insurance) | Personal identifiers Financial information Illness or diagnosis information Information about third parties |
| Beneplace https://freudenbergmedical.savings.beneplace.com |
Benefits provider (employee discounts and perks) | Personal identifiers |
| Blackrock https://www.blackrock.com/collegeadvantage |
Benefits provider (529 savings) | Personal identifiers Financial information Illness or diagnosis information Information about third parties |
| Delta Dental (CA) https://www.deltadentalmi.com/ |
Benefits provider (dental insurance) | Personal identifiers Financial information Illness or diagnosis information Information about third parties |
| Empower 401k https://www.empower.com/ |
Benefits provider (retirement) | Personal identifiers Financial information Illness or diagnosis information Information about third parties |
| Health advocate https://www.healthadvocate.com/ |
Benefits provider (behavioral health) | Personal identifiers Illness or diagnosis information |
| Healthequity https://myhealthequity.com/ |
Benefits provider (HSA and FSA) | Personal identifiers Financial information Illness or diagnosis information |
| Kaiser Permanente (CA) https://kp.org |
Benefits provider (medical insurance) | Personal identifiers Financial information Illness or diagnosis information Information about third parties |
| Life Works https://lifeworks.com/en |
Benefits provider (health and wellebing) | Personal identifiers Illness or diagnosis information |
| Livongo https://welcome.livongo.com/freudenberg |
Benefits providers (health management) | Personal identifiers Illness or diagnosis information |
| Omada https://www.omadahealth.com/freudenberg |
Benefits providers (health management) | Personal identifiers Illness or diagnosis information |
| ServiceNow (int managed) https:// fmprod.service-now.com/sp |
IT services | Personal identifiers |
| VSP https://www.vsp.com/ |
Benefits provider (vision insurance) | Personal identifiers Financial information Illness or diagnosis information Information about third parties |
| Willis Tower Watson https://www.wtwco.com/en-US |
Insurance broker | Personal identifiers Financial information Illness or diagnosis information |
| Workday https://www.workday.com/ |
HRIS (compensation, employee experience, performance reviews) | Personal identifiers Financial information Illness or diagnosis information Information about third parties |
Where we need to share your Personal Information with our Service Providers, we will do so in line with this Policy and our legal obligations, including, when possible, ensuring that the Service Provider has appropriate technical and organizational measures and processes in place to keep your Personal Information secure and that they only use it per our instructions.
In some cases, Personal Information about you may be provided to third parties if you have given your prior consent to such disclosure or if we are required to do so to comply with a regulatory requirement, court order, law enforcement obligation, or some other legal requirement.
6. How we protect Personal Information
Although we cannot guarantee the impenetrability of our infrastructure, we have established physical, electronic, and procedural safeguards for the information we collect is reasonable given the nature of the information and its sensitivity.
7. How long we keep your Personal Information
If you are employed by us, we retain Personal Information for as long as you are employed with Freudenberg or post termination of employment if it is necessary to provide the services you have requested and for other legal compliance or essential business purposes such as enforcing our employment contracts, maintaining the security of our services, enforcing our legal rights, or dispute resolution. These records are kept in accordance with our Record Retention Process and Schedule.
8. California privacy rights
Under California law, you have certain rights regarding information that could reasonably be used to identify you or your family. This Privacy Policy is provided so that you can understand at or before the point of collection what we are collecting and why. These rights do not extend to anonymized or aggregated information that can no longer be connected to you personally. Please note also that certain banking and health information is outside the scope of these state data privacy laws.
Right to know and data portability. You have the right to know 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 disclose Personal Information, and the specific pieces of Personal Information we have collected about the consumer.
Under California law, we are not required to research Personal Information where it is not in a reasonably searchable format, we maintain the information solely for legal or compliance reasons, we do not use the information for commercial purposes or sell it, and we explain what we are not searching on these grounds. Likewise, we are not required to disclose a particular Social Security number, driver’s license number or another government-issued identification number, financial account number, any health insurance or medical identification number, an account password, security questions, and answers, or unique biometric data generated from measurements or technical analysis of human characteristics. We will, however, identify which of these items we retain.
Right to deletion. You have the right to delete Personal Information that we have collected from you, subject to certain exceptions; except where there is a statutory exception. In California, these exceptions when the Personal Information is needed to:
- Complete a transaction for which the Personal Information was collected, provide a good or service requested by you, reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
- Debug to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act under Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the California Penal Code.
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research if you have provided informed consent.
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
- Comply with a legal obligation.
- Otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
We may ask you to confirm your election to delete your Personal Information.
Right to correct Personal Information. You have the right to correct inaccurate Personal Information that we maintain about you. We may request documentation establishing the inaccuracy of the information we have. Per applicable law, these requests may be denied if the totality of the circumstances suggests that the information we have on file is accurate.
Right to limit the use of Sensitive or Special Personal Information. You have the right to limit the use of sensitive Personal Information (as defined by law) to that necessary to conduct business with you. Freudenberg does not collect intentionally collect these types of information from the public and does not use them in its external business dealings.
Right to Opt-Out of the sale or sharing of your Personal Information. Freudenberg does not sell Personal Information and has not done so in the past twelve (12) months. If Freudenberg conducts activities that may constitute the sale or sharing of Personal Information under the law, it will provide the appropriate notice and an opportunity to opt out.
Right to non-discrimination. You have the right to not be discriminated against due to the exercise of your privacy rights. However, the exercise of certain privacy rights by California residents may make it so that we are no longer able to provide those residents with certain services or communications. For example, if, at the request of a California resident, Freudenberg deletes all of the California resident’s Personal Information that it maintains, Freudenberg will no longer be able to send communications to that resident.
Right to opt out of automated decision-making or profiling. You have the right to know about and opt out of automated decision-making.
Other rights: to the extent you have data subject rights that are not shown here, we will honor them.
Exercising your rights. To exercise your rights, please contact privacy@freudenbergmedical.com or call (626) 814-9684 and state the nature of your request. We will require you to verify your identity. There are some circumstances in which we are not required to grant requests concerning your Personal Information, including where repeated requests are made for purposes of harassment or fraud.
Authorized agents. California residents can designate an authorized agent to make requests under the CCPA on their behalf relating to the residents’ Personal Information. Only you as a California resident, or a person you have designated in writing as your authorized agent, may make a consumer request related to your Personal Information.
If you wish to have an authorized agent make a verifiable consumer request on your behalf, they will need to provide us with sufficient written proof that you have designated them as your authorized agent, such as a power of attorney under California Probate Code sections 4000 to 4465. We will still require you to provide sufficient information to allow us to reasonably verify that you are the person about whom we have collected Personal Information.
We can deny any request made by a purported authorized agent who does not submit proof that they have been authorized by the California resident to act on the California resident’s behalf. For more information on submitting a request on behalf of a California resident as an authorized agent, you can contact us using the information at the bottom of this Privacy Statement.
Response time. Consistent with CCPA, we will respond within 45 days of a verifiable request to provide or erase your Personal Information, unless we notify you that up to another 45 days will be needed.
9. Updating your Personal Information
From time to time it may become necessary to update or change our Privacy Policy consistent with changes in data protection laws and the Freudenberg privacy program. The current version of this Supplement will be circulated annually, or at other times as dictated by law.
10. How do I ask questions and provide feedback regarding privacy?
We welcome your questions, comments, and concerns about privacy. Freudenberg is committed to the resolution of concerns about your privacy and our collection or use of your Personal Information. If you have any questions regarding this privacy statement or how we protect your data, please contact us at:
Freudenberg Medical
Attn: Employee Affairs/Privacy
40 Sam Fonzo Drive
Beverly, MA 01915
(978) 281-2023
privacy@freudenbergmedical.com