Trust & Will has created this policy to outline its collection, use, and protection of personal information as it relates to those who apply to be considered for employment with Trust & Will (“Applicants”) and individuals who are employed by Trust & Will (“Employees”).
“Applicant”means an individual who has submitted information to Trust & Will via a resume, job application, and/or internal referral, or who has otherwise provided consent to be considered a candidate for a position.
“Employee” means a full or part time Trust & Will employee, director, Board member, as well as independent contractors, and interns.
“Personal Information” means any information that relates to an identified or identifiable natural person. Data that includes personal information is considered “Personal Data”
“Sensitive Personal Information” means Personal Information that reveals a government issued identification number, financial account numbers (including credit or debit card numbers), biometric and/or geolocation information, information pertaining to health and any information that reveals an individual’s sexual orientation.
“Processing” means the collection, storage, and use of data for any specific purpose. Trust & Will works with Service Providers who process your personal information on behalf of Trust & Will, to complete its People Operations tasks like processing payroll, and providing health care and retirement benefits.
“Service Provider” means an outside entity or person with whom Trust & Will might work to facilitate its People Operations, including software providers who support the application process, as well as payroll and employee benefits management.
What Personal Data does Trust & Will collect about Applicants and/or Employees?
During your application process, Trust & Will collects personal information about you such as: your name, contact information including phone number, email, and mailing address if provided, employment history including business affiliations if provided, and references.
During your employment, Trust & Will collects personal information and sensitive personal information about you including your name, address, date of birth, phone number, email address, financial account information (bank routing number and account number), social security number, as well as the following information about any dependents you wish to add to your health benefits: name, address, social security number, and date of birth.
How is Data Collected?
You will be prompted to provide information during the application and onboarding processes. Some information is provided directly to Trust & Will for internal use, while other information may be shared directly with a Service Provider who handles specific aspects of Trust & Will’s People Operations. Some information is mandatory to provide because it enables Trust & Will to perform a mandatory People Operations function like issuing your paycheck, or verifying your eligibility for employment.
How Trust & Will processes and uses Employee Personal Data
Day to day business functions: Trust & Will uses Employee Personal Data to fulfill its necessary functions as an employer or prospective employer. Those functions include but are not limited to: reviewing information to determine suitability for a particular job opening, facilitating payroll, tracking performance, offering employee benefits such as health care, retirement, and use of service providers to facilitate your role and responsibilities as an employee. (Slack, Zoom, Google, ClickUp, etc.). We also use your information to help ensure security and integrity of our internal systems, for debugging, for internal research and system improvement, and for device management and improvement. Trust & Will does not sell your personal information for any reason, but we may share your name and email address to ensure you receive the correct benefits, and have the tools you need to perform the functions of your position.
Legal purposes: We also use your information to comply with applicable legal and regulatory requests and obligations, and to seek legal advice related to legal claims, allegations, and investigations.
Legal Basis for processing data
Trust & Will requires employees to produce Personal Information and Sensitive Personal Information in order to fulfill its obligations as an employer, such as processing payroll, and in providing health and other employee benefits. Such information is used in accordance with applicable law, and is never sold by Trust & Will for any reason.
Trust & Will uses Service Providers to support its People Operations and facilitate performance of its roles and obligations as an employer. During the application and onboarding process, you will supply your personal information and sensitive personal information as applicable to your specific role. Generally, where a Service Provider is used, you will be asked to provide consent at the time the data is collected. In situations where Trust & Will enters your information on your behalf, you understand and consent to the use of your personal information for the specific function provided by the Service Provider. Trust & Will will only provide the information required to fulfill the function, and no additional information will be produced to a Service Provider on your behalf.
Categories of collected data and what they mean:
Identification Data may include name, date of birth, government identifiers including SSN
Contact Data may include home address, telephone number, email addresses, emergency contact information
Hiring Data may include information related to applicant qualifications, past employment, interview notes, references, immigration status and citizenship documentation, residency permits and visas, government issued identification, other documentation supporting eligibility for employment
Employment Data may include information related to applicant or employee qualifications for a professional role at TW, role changes, resignation and/or termination records, resume/CV, employment contracts, performance and disciplinary records, academic qualifications, professional history and qualifications, criminal history, immigration status and documentation, occupational health assessments and work-related accidents, training and employee resource group participation
Benefits Data may include information relating to employment benefits provided by TW such as spouse and dependent children information, health information, vacation requests, leave requests including FMLA requests, leaves of absence and requests for accommodations.
Performance and Management Data includes information related to performance evaluations or reviews, disciplinary actions and grievances, and training and development plans.
Financial Data may include banking information, tax information, payroll information, withholdings, salary, expenses, commission, and stock/equity information and grants.
Systems and Asset use Data may include information required to provide access to TW’s computing resources such as IP addresses, log files, login information, software inventories, internal communications and video and audio recordings, information collected by applications used by TW to facilitate day-to day operations, employee communications tools and platforms, security logs and access controls.
Demographic data may include date of birth, gender, race/ethnicity, veteran status, disability, sexual orientation and gender expression.
Other information Data may include information you choose to provide including your hobbies and interests, social preferences, answers to survey questions and participation in corporate programs or initiatives like volunteering hours and charitable donation matching.
How and Why your personal information is collected/processed:
Trust & Will collects and/or processes the following categories of data for the specified purposes:
Purpose: Hiring- During the hiring process, TW processes applicant personal data to support the determination of whether a candidate is a fit for the position. This includes verifying qualifications, background checks, and determining your state of residency for internal employee related tax and compliance purposes; Categories of data implicated: Identification data, contact information, hiring data
Purpose: Compensation and Benefits- This information is used to manage payroll, taxes, benefits and to access work-related claims like workers compensation, insurance claims, travel expenses, and to manage time off requests, family leave, and leave of absences. Categories of data implicated: Identification data, contact information, Employment data, benefits data, financial data
Purpose: Training- we use this information to develop internal resources for TW Employee training, and to monitor completion of required training completion such as anti-harassment training; Categories of data implicated: Employment data
Purpose: Performance Reviews- this information is used to review job performance, and to track professional development and support you in your growth plan, and to assess career development needs. Categories of data implicated:Identification data, contact data, employment data, hiring data, performance and management data
Purpose: Legal Requirements- this information is used to ensure legal compliance with labor and employment laws, health and tax laws, anti-discrimination laws, and to exercise and defend TW’s legal rights. Categories of data implicated: Identification data, contact data, employment data, hiring data, benefits data, performance and management data, financial data, systems and asset use data, demographic data
Purpose: Contacts- this information is used internally to facilitate communication amongst employees and to disseminate information regarding employment, and to send items and/or correspondence to physical addresses of employees.Categories of data implicated: Geolocation Data, contact data, identification data, employment data
Purpose: Security and IT- this information is used to maintain security of TW’s systems and network, as well as to facilitate your job performance and communication with team members. Categories of data implicated: Identification data, contact data, employment data, hiring data, systems and asset data
Purpose: Emergencies- This information is used to help establish emergency contacts for you to allow us to respond to emergencies and crises as they might arise, and to allow for business continuity in the event of an emergency. Categories of data implicated: Identification data, contact data, benefits data, geolocation data
Purpose: Investigations and disciplinary action- This information is used as necessary to investigate complaints, support decisions on disciplinary actions or terminations, and to monitor and detect fraud and other illegal activity. Categories of data implicated: Identification data, contact data, employment data, benefits data, financial data, systems and asset data
Purpose: DEI initiatives- this information is to help give us a better understanding of the diversity of the workforce and to support core business diversity, equity, and inclusion initiatives. Categories of data implicated: Demographic Data
Purpose: Day to day business- this information is used for legitimate business purposes that arise in the reasonable performance of our day to day operations such as employee relations management, accounting, mergers and acquisitions, business travel, expenses tracking and management. Categories of data implicated:Identification data, contact data, employment data, hiring data, benefits data, financial data, systems and asset data, other information data
California privacy rights:
The following rights apply to employees who are residents of California. These rights DO NOT apply for non-California residents.
Access to Personal Data Trust & Will collects (aka “the right to know”). This right means that employees may request that TW disclose to you what personal information it has collected, used, shared or sold about you, and the reason for the collection, use, share or sale of that information. The right to know includes the right to request: the categories of personal information collected, specific pieces of information collected, the categories of sources from which TW collected personal information, the purposes for which TW uses the personal information, the categories of third parties with whom the business shares the personal information, and the categories of information two whom TW sells or discloses the personal information. TW must provide this information to you for the 12 month period preceding your request and the information must be provided free of charge. You also have the right to request correction of your personal information, if you find that any of it has been incorrectly recorded.
Retention/Deletion of Personal Data (aka “the right to delete”) You may request that Trust & Will delete personal information collected from you and to tell subcontractors to do the same. However, note that there are many exceptions, particularly in the employment context, that may restrict Trust & Will’s ability to comply with this request. If Trust & Will has a legal basis to retain your personal information, some information may be retained for legal purposes.
The right to opt out of the sale of your personal information. You may request Trust & Will to refrain from selling your personal information. As far as the term “sale” is defined under the CCPA and CPRA, Trust & Will does not engage in any sale of Employee personal information, and does not intend to. However, in the event of any actual or potential merger, sale and transfer of our assets, acquisition or restructuring of all or part of our business, bankruptcy, or similar event, Trust & Will may be required to turn over employee documentation including personal information as part of such an event. The right to opt-out also includes the right to opt-in to the sharing of your Sensitive Personal Information at the point of collection.
The right to nondiscrimination for exercising your CCPA/CPRA rights.
Applicability of other Trust & Will privacy policies
Changes to this policy
We will update you in accordance with applicable law regarding any material changes that impact your rights.
Updated: September 18, 2023