Insperity, Inc. California Privacy Notice
Effective Date: January 1, 2020
This notice reflects our good faith understanding of the law and our data practices as of the date posted (set forth above), but as of that date the CCPA’s implementing regulations were not final and there remain differing interpretations of the law. Accordingly, we may from time-to-time update information in this and other notices regarding our data practices and your rights, modify our methods for responding to your requests, and/or supplement our response to your requests, as we continue to develop our compliance program to reflect the evolution of the law and our understanding of how it relates to our data practices.
This California Privacy Notice (“Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”) as a supplement to Insperity, Inc.’s and its affiliates’ (“Company”, “us”, “we” or our”) other privacy policies or notices. In the event of a conflict between any other Company policy, statement or notice and this Notice, this Notice will prevail as to Consumers and their rights under the CCPA. Please see also any privacy policy or notice of general applicability posted or referenced on our websites, apps, products, or services including, without limitation, the Insperity Privacy Notice and the Insperity Business Performance Solutions Privacy Policy.
This Notice covers the collection, use, disclosure, and sale of Consumers’ “Personal Information” (“PI”) as defined by the CCPA, except to the extent such PI is exempt from the notice obligations of the CCPA. This Notice also covers rights Consumers have under the CCPA as well other notices to Californians required by other laws.
Consistent with the CCPA, job applicants, current and former employees, and independent contractors (“Personnel”), and subjects of certain business-to-business communications acting solely in their capacity as representatives of another business, are not considered “Consumers” for purposes of this California Privacy Notice or the rights described herein. However, our Personnel may review a separate privacy notice that is applicable to them by accessing the Insperity Privacy Notice.
MANAGING PI
Consistent with the CCPA our description in this Notice of our collection and use, sharing and sale of PI reflects our current practices and will be updated as needed.
Collection and Use
We collect PI about Consumers including:
| Category of PI | Sources of PI | Business or Commercial Purposes for PI Collection |
| 1. Identifiers This may include but is not limited to: a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. |
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2. Personal Records This may include information such as: physical characteristics or description, signature, telephone number, education, employment, employment history, insurance policy number, bank account number, credit card number, debit card number, or any other financial information medical information, or health insurance information. |
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3. Consumer Characteristics This may include, but is not limited to: sex, marital status, religion, veteran status, familial status, race, disability, gender identity, and creed. |
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4. Customer Account Details / Commercial Information This may include, but is not limited to: records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
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5. Biometric Information This may include but is not limited to: genetic, physiological, behavioral, and biological characteristics, that can be used to establish individual identity, including but not limited to fingerprints, voiceprints, retina scans from which an identifier template can be extracted, and other physical patterns, and sleep, health, or exercise data, that contain identifying info. |
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6. Internet Usage Information This may include, but is not limited to: browsing history, search history, and information regarding your interaction with an Internet Web site, application, or advertisement. |
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7. Geolocation Data This may include, but is not limited to: precise physical location or movements and travel patterns. |
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8. Sensory Data This may include, but is not limited to: audio recordings of customer care calls, electronic, visual, thermal, olfactory, or similar information. |
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9. Professional or Employment Information This may include, but is not limited to: professional, educational, or employment-related information. |
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10. Inferences from PI Collected This may include, but is not limited to: creating a profile about a Consumer reflecting the Consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
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As permitted by applicable law, we do not treat de-identified data or aggregate consumer information as PI and we reserve the right to convert, or permit others to convert, your PI into de-identified data or aggregate consumer information. We have no obligation to re-identify such information or keep it longer than we need it to respond to your requests. This helps us practice data minimization, which we consider to be a privacy best practice consistent with our mission to respect our employees and customers.
Sharing of PI
We may share PI with our service providers, other vendors (including those that facilitate interest-based and other advertising and marketing), and affiliates, including without limitation as follows:
| Category of PI Shared | Categories of Service Providers and Third-Party Recipients |
| 1. Identifiers |
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| 2. Personal Record |
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| 3. Consumer Characteristics |
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| 4. Customer Account Details/Commercial Information |
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| 5. Biometric Information |
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| 6. Internet Usage Information |
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| 7. Geolocation Data |
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| 8. Professional or Employment Information |
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| 9. Inferences from PI Collected |
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The business purpose for collecting and sharing personal information is listed above in the Collection and Use PI table.
Sale of PI
We do not believe that we sold your PI in 2019 and do not believe that we “sell” your PI as defined under the CCPA. Until such time as we change this policy by updating this Notice, and provide a method to opt-out of a sale, we will treat PI collected under this approach as subject to a Do Not Sell request. Notwithstanding anything to the contrary in our other privacy notices, we typically restrict use of your PI to the business purpose associated with that service provider. Additionally, your requests that direct us to share PI are not considered a sale, and disclosures amongst the entities that constitute Company as defined above are not a sale.
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a Do Not Sell expression by you, so we currently do not recognize these as a Do Not Sell request. We understand that various parties are developing Do Not Sell signals and we may recognize certain such signals if we conclude such a program is appropriate. For more information on cookies and sale of PI, see the Do Not Sell subsection of the California Privacy Rights section below.
CALIFORNIA PRIVACY RIGHTS
Commencing January 1, 2020, we provide Consumers with the privacy rights described in this section. You have the right to exercise these rights via an authorized agent who meets the agency requirements of the CCPA and related regulations. As permitted by the CCPA, any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). This process may consist of, but is not limited to, our Contact Center agents verifying your identity through established protocols, or our Privacy team asking you to confirm information previously submitted to the company.
We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. Please follow the instructions at our Privacy Rights Request page here and respond to any follow up inquires we may make. You may also contact the Insperity Privacy Team at privacy@insperity.com or 1-866-824-0505.
If we cannot comply with a request, we will explain the reasons in our response. You are not required to create an account with us to make a Verifiable Consumer Request. We will use PI provided in a Verifiable Consumer Request only to verify your identity or authority to make the request and to track and document request responses, unless you also gave it to us for another purpose.
We will make commercially reasonable efforts to identify PI that we collect, process, store, disclose and otherwise use and to respond to your Consumer privacy rights requests. We reserve the right to direct you to where you may access and copy responsive PI yourself. We will typically not charge a fee to fully respond to your requests; provided, however, that we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded or overly burdensome. If we determine that the request warrants a fee, or that we may refuse it, we will give you notice explaining why we made that decision. You will be provided a cost estimate and the opportunity to accept such fees before we will charge you for responding to your request.
Consistent with the CCPA and our interest in the security of your PI, we will not deliver to you your social security number, driver license number or other government-issued ID number, financial account number, any health or medical identification number, an account password, or security questions or answers in response to a CCPA request; however, you may be able to access some of this information yourself through your account if you have an active account with us.
Your Consumer privacy rights are as follows:
The Right to Know
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you. You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining. Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
- A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
- The categories of your PI we have sold.
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.
To make a request, you may submit a form here or contact the Insperity Privacy Team at 1-866-824-0505, or privacy@insperity.com. For existing Insperity Premier account holders who submit requests through the online form, we will verify identity based on matching information you provided with information available in Insperity Premier. This could include, but is not limited to, employee ID, mailing address, or recent communications. For non-account holders who submit requests through the online form, we will verify identity based on matching information you provided with data we have maintained on you in our systems. This data could include, but is not limited to, email address, mailing address, phone number, or former employer. For requests received through calling the Insperity Privacy Team, we will follow the same procedures as above based on whether you are a current account holder or other individual.
Do Not Sell
As noted above, we do not sell your PI as such is defined under the CCPA. Until such time as we change this policy by updating this Notice, we will treat PI collected under that policy as subject to a Do Not Sell request. If you are 16 years of age or older, you have the right to direct us to not sell your PI. To make a request, you may submit a form here or call the Insperity Privacy Team at 1-866-824-0505. For existing Insperity Premier account holders who submit requests through the online form, we will verify identity based on matching information you provided with information available in Insperity Premier. This could include, but is not limited to, employee ID, mailing address, or recent communications. For non-account holders who submit requests through the online form, we will verify identity based on matching information you provided with data we have maintained on you in our systems. This data could include, but is not limited to, email address, mailing address, phone number, or former employer. For requests received through calling the Insperity Privacy Team, we will follow the same procedures as above based on whether you are a current account holder or other individual.
While there is not yet a consensus, we do not believe data practices of third-party cookies and tracking technologies associated with our websites and mobile apps may constitute a “sale” of your PI as defined by the CCPA. However, you can exercise control over browser-based cookies by adjusting the settings on your browser, and mobile devices may offer ad and data limitation choices. Our position on this may change if regulatory guidance or industry consensus leads us to a different conclusion, in which case we will update this Notice and our data practices.
We do not knowingly sell the PI of Consumers who are under 16 unless we receive an opt-in from the Consumer who is at least 13 but under 16, or from the parent or guardian of a Consumer younger than 13. Consumers who opt-in to PI sales may opt-out at any time. If you think we may have unknowingly collected the PI (for sale) of yourself or of your child under the age of 13, or if you are at least 13 but under 16, exercising the opt-out will stop our selling of the PI.
We may disclose your PI for the following purposes, which are not a sale: (i) if you direct us to share PI; (ii) to comply with your requests under the CCPA; (iii) disclosures with client companies or amongst the entities that constitute Company as defined above, or as part of a merger or asset sale; and (iv) as otherwise required or permitted by applicable law.
Delete
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Our retention rights include, without limitation, to complete transactions and service you have requested or that are reasonably anticipated, for security purposes, for legitimate internal business purposes, including maintaining business records, to comply with law, to exercise or defend legal claims, and to cooperate with law enforcement. Note also that we are not required to delete your PI that we did not collect directly from you. To make a request, you may submit a form here or call the Insperity Privacy Team at 1-866-824-0505. For existing Insperity Premier account holders who submit requests through the online form, we will verify identity based on matching information you provided with information available in Insperity Premier. This could include, but is not limited to, employee ID, mailing address, or recent communications. For non-account holders who submit requests through the online form, we will verify identity based on matching information you provided with data we have maintained on you in our systems. This data could include, but is not limited to, email address, mailing address, phone number, or former employer. For requests received through calling the Insperity Privacy Team, we will follow the same procedures as above based on whether you are a current account holder or other individual.
Non-Discrimination and Financial Incentive Programs
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights.
AUTHORIZED AGENTS
If a Consumer chooses to submit a request through an authorized agent, Insperity requires the Consumer to:
- Provide the authorized agent written permission to submit a request, a copy of which must be submitted to us;
- Verify that instruction and their own identity directly with us.
If the authorized agent has a power of attorney issued under California Probate Code sections 4000 to 4465, then the written agreement is not necessary. In the absence of any of the two general conditions detailed above, the business will reject any request submitted through an agent.
In addition, the agent is subject to the verification standards applicable to the type of request(s) made.
EXCLUSIONS
Notwithstanding anything to the contrary, we may collect, use and disclose your PI as required or permitted by applicable law and this may override your CCPA rights. In addition, we need not honor any of your requests to the extent that doing so would infringe upon our or any other person or party’s rights or conflict with applicable law.
ADDITIONAL CALIFORNIA NOTICES
In addition to CCPA rights, certain Californians are entitled to certain other notices, including:
Third-Party Marketing and Your California Privacy Rights
Separate from your CCPA “Do Not Sell” rights you have the following additional rights regarding disclosure of your information to third parties for their own direct marketing purposes:
We may from time to time elect to share certain “personal information” (as defined by California’s “Shine the Light” law) about you with third parties for those third parties’ direct marketing purposes. California Civil Code § 1798.83 permits California residents who have supplied personal information, as defined in the statute, to us to, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this applies, you may obtain the categories of personal information shared and the names and addresses of all third parties that received personal information for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2020 will receive information about 2019 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. You may make this request by contacting us here, or in writing at: Insperity, 19001 Crescent Springs Drive, Attention: Insperity Privacy Team, Kingwood, TX, 77339. Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please be aware that not all information sharing is covered by the Section 1798.83 requirements, and only information on covered sharing for California customers will be included in our response.
As these rights and your CCPA rights are not the same and exist under different laws, you must exercise your rights under each law separately.
Online Privacy Practices
For more information on our online practices and your California rights specific to our online services please review our general Insperity Privacy Notice. Without limitation, Californians that visit our online services and seek or acquire goods, services, money or credit for personal, family or household purposes are entitled to the following notices of their rights:
Tracking and Targeting
When you visit our online services, we and third parties may use tracking technologies to collect usage information based on your device for a variety of purposes, including serving you advertising, based on your having visited our services or your activities across time and third-party locations. Some browsers may enable you to turn on or off a so-called “Do Not Track” signal. Because there is no industry consensus on what these signals should mean and how they should operate, we do not look for or respond to “Do Not Track” signals.
California Minors
Although our online service(s) are intended for an audience over the age of 18, any California residents under the age of eighteen (18) who have registered to use our online services, and who posted content or information on the service, can request removal by contacting us here, detailing where the content or information is posted and attesting that you posted it. We will then make reasonably good faith efforts to remove the post from prospective public view or anonymize it, so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and others that we do not control.
CONTACT
For more information on your California privacy rights contact the Insperity Privacy Team at 1-866-824-0505 or email us at privacy@insperity.com.