Notice to Applicants/Employees/Independent contractors
Langan Engineering & Environmental Services
Please take notice that Langan Engineering and Environmental Services, LLC and its subsidiaries, affiliates, and related entities (collectively, the “Company,” “we,” or “us”) collects, uses, discloses, and protects certain personal information of job applicants and candidates, employees, independent contractors, interns, temporary staff, and other workers, as well as individuals related to them (e.g., emergency contacts, beneficiaries, dependents (collectively, “you”). This notice describes the categories of personal information the Company collects, the purposes for which they are used, and rights you may have in accordance with applicable data protection and data laws (including California’s California Consumer Privacy Act of 2018, as amended (“CCPA”) and the UK General Data Protection Regulations (“UK GDPR”)) .
This notice does not form part of any employment contract or independent contractor agreement and may be updated from time to time. Consistent with applicable law and our policies, we monitor use of our systems, networks, and devices; access controls and logs; email and messaging metadata; and building access among other reasonable business activities. There should not be any expectation of privacy when using Company systems and devices. Personal use of Company systems and devices should be limited and conducted in accordance with our policies.
Scope
This notice applies to personal information we collect and process for human resources (“HR”), recruitment, and workforce management purposes through our HR systems and tools, career sites, application processes, onboarding processes, and in the context of your work with us. We act as a “data controller” – which means we determine the purpose and means of the personal information. “Personal information” means information that, alone or in conjunction with other information or data, identifies or is linked to a particular individual or household and that is subject to or otherwise afforded protection under, a data protection law, statute, or regulation. The term personal information does not include anonymized or de-identified data that is not attributable to a particular individual or household and that is not otherwise subject to applicable data protection laws.
For employees and workers, this notice should be read together with internal policies related to acceptable use, information security, code of conduct, monitoring, and benefits. For applicants, this notice supplements terms provided during the recruitment process.
For additional information about the Company’s data privacy practices, including information we collect through our website, please review our Privacy Policy https://www.langan.com/privacy-policy.
The personal and sensitive information that we collect
We may collect or may have collected in the preceding twelve months the information listed below. This collection may be powered by proprietary and/or third-party artificial intelligence technologies as described in the Use of Artificial Intelligence section.
- Identifiers, such as name, email address, postal address, government-issued identifier (e.g., Social Security number, driver’s license number) and unique identifiers (e.g., employee ID);
- Personal information(including as described in subdivision (e) of CA Civ Code Section 1798.80, such as real name, signature, Social Security number, address, telephone number, passport number, driver’s license or state identification card number, federal identification authorizing work in the United States, access and/or passcodes, insurance policy number, education, employment, employment history, bank account number, other financial information, medical information or health insurance information;
- Characteristics of protected classifications under California or federal law, such as age, marital status, gender, sex, race, color, disability, citizenship, primary language, immigration status, military/veteran status, disability, request for leave and medical conditions;
- Compensation and benefits information, such as salary, wages, bonus, equity grants, bank account for payroll, tax withholding, benefit enrollments, dependents and beneficiaries, leave records,
- Commercial information, such as transaction information and purchase history (e.g., in connection with expense reimbursements [or purchases from the Company])
- Internet or network activity information, such as:
- all activity on the Company’s information systems, such as internet browsing history, search history, intranet activity, email communications, social media postings, stored documents and emails, usernames and passwords
- all activity on communications systems, including phone calls, call logs, voice mails, text messages, chat logs, app use, mobile browsing and search history, mobile email communications, and other information regarding an employee’s use of Company -issued devices;
- Biometric data;
- Location and travel data, such as office location, travel itineraries, expense records, device location from using Company-owned or Company-issued mobile devices, applications, or vehicle;
- Audio, electronic, visual, or similar Information such as information collected from CCTV footage, video conferencing recordings, building access records, badge logs, and similar devices;
- Professional or employment-related information, such as work history, prior employers, data submitted in job applications, professional licenses, degrees, background checks, performance and disciplinary records, compensation, benefits and leaves of absence information;
- Education information consisting of information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act;
- Sensitive Personal Information. This category includes:
- Social Security, driver’s license, state identification card, or passport number
- account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account
- precise geolocation
- racial or ethnic origin
- contents of your mail, email, and text messages (unless Company is the intended recipient of the communication)
- health information (including disability accommodations)
- data related to immigration status or citizenship; and
- Inferences drawn from the personal information in the categories above. This includes engaging in human capital analytics, including, without limitation, identifying correlations between certain characteristics and job success, analyzing data to improve retention, and analyzing employee preferences to inform HR policies, programs, and procedures.
We may add to the categories of personal information we collect and the purposes for which we use that information. We will inform you in the event we do so.
Where we get your information from.
The Company collects information about you from the following sources:
- We may collect personal information directly from you or your device, such as through your use of our facilities or systems, when you send us an email, contact us by phone, or otherwise communicate or interact with us as an applicant or during your employment.
- Related Entities and Affiliates. We may collect information about you from our related parties and affiliates.
- Social media and related services. We may collect information about you from the social media accounts you choose to share with us (e.g., LinkedIn) or from public and professional profiles or websites consistent with their terms of use.
- Third parties. We may collect information about you from third parties such as your employers. references, background check vendors, staffing agencies, drug testing facilities, licensing and credentialing organizations, our clients, sources of demographic information, claims administrators and investigators or other third-party sources that are lawfully entitled to share your data with us. This may include service providers or contractors who collect or process your personal information on our behalf.
How your personal information is used.
We may collect and use personal information for the application process, onboarding and managing the employment or work relationship, business-related purposes, and for legal compliance. For example, we may use personal and sensitive information for the following purposes:
- Recruiting; collecting and processing employment applications, including confirming eligibility for employment, background and related checks, and onboarding.
- Managing the employment or work relationship.
- Employee benefit plan and program administration.
- Leave of absence administration.
- Compensation administration and compliance, including payroll, bonuses, reimbursements, etc.
- Maintaining personnel records and complying with record retention requirements.
- Communicating with you, your emergency contacts and plan beneficiaries.
- For developing, monitoring and managing our employee inclusion and belonging programs.
- Workplace health and safety compliance.
- Ensuring employee productivity and adherence to the policies.
- Conducting workplace investigations; establishing, responding to and managing legal claims against the Company and/or its personnel, including civil discovery in litigation.
- Complying with applicable state and federal laws, including labor, employment, tax, benefits, workers compensation, disability, equal employment opportunity, workplace safety and related laws.
- Security and integrity; preventing unauthorized access, use, or disclosure/removal of the Company’s property, including the Company’s information systems, electronic devices, network, and data.
- Exercising and defending legal claims.
- Facilitating other business administrative functions and strategic activities, such as risk management, information technology and communications, financial management and reporting, workforce and succession planning, merger and acquisition activities, and maintenance of licenses, permits and authorization applicable to the Company’s operations.
- As required by applicable law.
Disclosures. To carry out the purposes outlined above, we may disclose or have disclosed in the preceding 12 months, your personal information to the following categories of parties:
- related parties or affiliates
- service providers and contractors (e.g., information technology providers, payroll and benefits managers, background check vendors, training, expense management, medical/health, insurers, data storage companies, and others that collect or process personal information on our behalf)
- our clients and/or business partners
- professional advisors (e.g., lawyers, auditors)
- government entities
- successors or assigns in the event of a merger, acquisition, divestiture, reorganization or other corporate transaction
- third parties at your direction (e.g., references or education verification services).
We may also disclose or have disclosed in the preceding 12 months your personal information to above parties, as necessary, for the following purposes:
- to conduct business and provide our services
- to comply with federal, state, or local laws
- to comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities
- to cooperate with law enforcement agencies concerning conduct or activity that we reasonably and in good faith believe may violate federal, state, or local laws
- to exercise or defend legal claims
- to evaluate or conduct a transfer of personal information to a third party as part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control or acquires all or part of the assets of our business.
We may disclose, or have disclosed in the preceding 12 months, the following categories of personal information to these categories of third parties:
| Categories of Personal Information |
Categories of Third Parties to Whom Disclosed |
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Identifiers and personal information described in subdivision (e) of CA Civ Code Section 1798.80. NOTE: The information in this category may include the following elements of Sensitive Personal Information: Social Security number, driver’s license number, state identification card number, and/or passport number. |
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Characteristics of protected classifications. NOTE: The information in this category may include the following elements of Sensitive Personal Information: racial, ethnic, or national origin. |
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Commercial Information. |
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Internet or other electronic network activity. NOTE: The information in this category may include the following elements of Sensitive Personal Information: the contents of mail, email, or text messages, to which the business was not the intended recipient. |
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Location data. |
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Audio, electronic, visual or similar information. |
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Education or Professional and Employment information. NOTE: The information in this category may include the following elements of Sensitive Personal Information: race or ethnic origin or union membership. |
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Sensitive information. |
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Inferences drawn from personal information. NOTE: The information in this category may include the following elements of Sensitive Personal Information: racial or ethnic origin, religious or philosophical beliefs, union membership, or health information. |
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Selling or sharing of person information.
The Company does not sell or share the personal information, as those terms are defined under the applicable law, of job applicants, employees, or independent contractors. The Company does not sell or share the personal information of children under the age of 16 years.
Sensitive Personal Information. We do not use or disclose your sensitive personal information for purposes that, with limited exceptions, are not necessary for the application or employment related purpose for which we collect it or as reasonably expected by an average individual in this context or for other permitted purposes under applicable data protection laws.
Use of Artificial Intelligence
We may use artificial intelligence technologies (“AI Technologies”) in connection with various aspects of your employment relationship, including but not limited to talent management and workforce development.
For purposes of this section, AI Technologies include generative artificial intelligence systems, predictive analytics tools, or natural language processing systems, and other technology that uses algorithms, statistical models or machine learning techniques to process personal information, generate inferences, produce content, or assist in decision-making. AI Technologies may be developed and maintained by the Company internally or provided by third-party vendors engaged by us.
We do not use AI Technologies as the sole basis for any employment decisions that produce legal or similarly significant effect on an employee, including decisions related to hiring, termination, promotion, demotion, compensation, discipline, or any other material change to your employment. All such decisions are subject to meaningful review by managers, Human Resources, and/or senior leadership.
We may adopt additional AI Technologies that process applicant and employee personal information in the future. Before deploying any new AI Technologies, we will evaluate privacy implications in accordance with appliable law including updating this Policy or providing a supplemental notice as may be required.
Data retention.
We retain your personal information for as long as is necessary in accordance with the Company’s data retention schedule. We may retain your personal information for longer if it is necessary to comply with legal or reporting obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, enforce our legal agreements and policies, address other legitimate business needs, or as permitted or required by applicable law. We may also retain your personal information in a deidentified or aggregated form so it can no longer be associated with you.
To determine the appropriate retention period for your personal information, we consider various factors such as the amount, nature, and sensitivity of your information; the potential risk of unauthorized access, use or disclosure; the purposes for which we collect or process your personal information; and applicable legal requirements.
Data Security
We have implemented appropriate physical, technical, and organizational security measures designed to secure your personal information against accidental loss and unauthorized access, use, alteration, or disclosure. In addition, we limit access to personal information to those employees, agents, contractors, and other third parties that have a legitimate business need for such access.
California Resident Individual Rights Requests. Individuals who are residents of the State of California have the following rights, subject to certain limitations. Upon receipt of a verifiable request (see below), and as required by applicable law, we will provide a response to such request.
Right To Know About Personal Information Collected or Disclosed. As a California resident, you have the right to request additional information beyond that disclosed above regarding the following, to the extent applicable:
- the categories of personal information the Company collected about you
- the categories of sources from which that personal information was collected
- the business or commercial purposes for which that information was collected, sold, or shared
- the categories of third parties to whom the information was disclosed
- the specific pieces of personal information collected
Right To Request Deletion of Your Personal Information. You have the right to request that we delete the personal information we collected or maintain about you. Once we receive your request, we will let you know what, if any, personal information we can delete from our records and will direct any service providers and contractors to whom we disclosed your personal information to also delete your personal information from their records.
There may be circumstances where we cannot delete your personal information or direct service providers or contractors to delete your personal information from their records. Such instances include, without limitation, when the information at issue is maintained: (a) to enable solely internal uses that are reasonably aligned with your expectations based on your relationship with the Company and compatible with the context in which you provided the information, or (b) to comply with a legal obligation.
Right to Request Correction. You have the right to request that the Company correct any inaccurate personal information we maintain about you, taking into account the nature of that information and purpose for processing it.
Right to Non-Discrimination for the Exercise of Your Privacy Rights. We will not discriminate or retaliate against you for exercising any of the rights described above.
Submitting CCPA Rights Requests. To submit a CCPA Rights request, please use the contact information at the end of this Notice.
We reserve the right to only respond to verifiable Requests to Know, Delete, or Correct that are submitted as instructed. A verifiable consumer request is one made by any individual who is:
- the individual who is the subject of the request,
- an individual on behalf of the individual’s minor child, or
- the authorized agent of the individual.
What to submit. If we request, you must provide us with sufficient information to verify your identity and/or authority to act on behalf of the individual. In general, we may ask you to provide identifying information that we already maintain about you or we may use a third-party verification service. In either event, we will try to avoid asking you for sensitive personal information to verify your identity.
We may not be able to respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. However, making a verifiable request does not require you to create an account with us.
Additionally, you will need to describe your request with sufficient detail to allow us to review, understand, assess, and respond. We will not use the personal information we collect from an individual to determine a verifiable request for any other purpose, except as required or permitted by law.
Our response. We reserve the right to charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded. If we determine that a request warrants a fee, we will attempt to notify you as to why we made that decision and provide a cost estimate before completing your request. We will endeavor to respond to a verifiable request within forty-five (45) calendar days of receipt, but we may require an extension of up to forty-five (45) additional calendar days to respond and we will notify you of the need for the extension.
Authorized Agent. You may authorize a natural person or a business (the Agent) to act on your behalf. When you submit a Request to Know, Correct, or Delete, the Agent must provide proof that you gave them signed permission to submit the request, and you either must (i) verify your own identity with the business or (ii) directly confirm with us that you provided permission to the Agent. However, these steps are not required when you have provided the authorized agent with a power of attorney. We reserve the right to deny requests from persons or businesses claiming to be authorized agents that do not submit sufficient proof of their authorization.
Legal Basis and United Kingdom (UK) and European Economic Area Residents Individual Rights
For purposes of the EU/UK GDPR, we can collect and process your data under one of the following legal bases:
- Contract Performance. The processing of your personal information is necessary in order to assess your employment application, onboarding, employment/engagement administration and is based on Article 6(1)(b) of the GDPR in the context of the employment relationship or during the period prior to the conclusion of the employment relationship.
- Legitimate Interest. Company has a legitimate business interest under Article 6(1)(f) of the GDPR to process personal information to conduct hiring and other employment/engagement decisions, managing workforce operations, business planning and analytics, securing our systems, preventing fraud, and balanced against your interests and rights.
- Legal Compliance. Pursuant to Article (1)(c) of the GDPR, we need to process data to ensure that we comply with our legal obligations (e.g., tax, social security, immigration, safety, records retention) or to respond to and defend legal claims.
- Pursuant to Article (1)(a) of the GDPR, we may process your personal information where you have given us your specific consent to do so (e.g., to allow Company to contact you about potential jobs that may be of interest to you).
Pursuant to the European Union GDPR and the UK GDPR, you have the following rights:
Access. You have the right to obtain from us confirmation if Personal Data is being processed, the purpose of processing, the categories of data, the legal basis of the processing, information on recipients of the data and the non-EU/UK countries in which they are located, the safeguards put in place for the transfer of data to non-EU/UK countries, storage period of data or criteria to determine it, further information on your rights, our processing activities, sources of information and the significant and envisaged consequences of processing.
Rectification. You have the right to request the rectification of inaccurate Personal Data and to have incomplete data completed.
Objection. You have the right to object to the processing of your Personal Data for compelling and legitimate reasons relating to your particular situation, except in cases where legal provisions expressly provide for that processing.
Portability. You may receive your Personal Data that you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit it to other data controllers without hindrance. This right only exists if the processing is based on your consent, or a contract and the processing is carried out by automated means.
Restriction. You may request to restrict processing of your Personal Data if (i) you contest the accuracy of it, for the period we need to verify your request; (ii) the processing is unlawful and you oppose the erasure of it and request restriction instead; (iii) we no longer need it, but you tell us you need it to establish, exercise or defend a legal claim; or (iv) you object to processing based on public or legitimate interest – for the period we need to verify your request.
Erasure. You may request to erase your Personal Data if (i) it is no longer necessary for the purposes for which we have collected it, (ii) you have withdrawn your consent and no other legal ground for the processing exists, (iii) you objected and no overriding legitimate grounds for the processing exist, (iv) the processing is unlawful, or (v) erasure is required to comply with a legal obligation.
Right to refuse or withdraw consent. Please note that in case we ask for your consent to processing, you are free to refuse to give consent and you can withdraw your consent at any time without any adverse negative consequences. The lawfulness of any processing of your Personal Data that occurred prior to the withdrawal of your consent will not be affected.
Right to lodge a complaint. You also have the right to lodge a complaint with a supervisory authority, in particular in the EU member state of your residence, place of work, or the location where the issue that is the subject of the complaint occurred. Please see a list of potentially applicable regulatory authorities:
- For data protection authorities in the EU, please see here: https://edpb.europa.eu/about-edpb/about-edpb/members_en.
- For the data protection authority in Switzerland, please contact the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home.html).
- For the data protection authority in the UK, please contact the Information Commissioner’s Office (ico.org.uk).
International Data Transfers.
Company is based in the United States, and the personal information that we collect and process is retained and stored in the United States. Company uses service providers that store personal information on our behalf in the United States and in other third countries. Please be aware that the United States, and these other third countries, may not provide the same level of protection of personal information as in your country, state, or other jurisdiction of residence or nationality, and when transferred to the United States or elsewhere, your personal information may be accessible by, or otherwise made available to, local government authorities and officials pursuant to judicial and/or administrative orders, decrees, and demands, and/or other domestic laws, statutes, and regulations. As may be required by applicable law, we implement appropriate safeguards for such transfers, such as reliance on adequacy decisions, standard contractual clauses and addendums, or other lawful transfer mechanisms.
Spouses, Dependents, and Associates. If you have knowledge that we collected personal information related to your spouse, dependent, or partner, please share a copy of this notice with them.
We reserve the right to amend this notice at any time without advance notice.
For inquiries and/or to submit requests for information, deletion or correction.
Please contact either: (1) Human Resources, (973)-560-4900, 300 Kimball Drive, 4th Floor, Parsippany, NJ 07054 or (2) email privacy@langan.com.