Einstein Noah Restaurant Group
California Employee Privacy Policy
Last Revised: January 5, 2023
This California Employee Privacy Policy and Notice (“Employee Policy”) applies only to information collected about current and past employees residing in California, and applicants residing in California (“employees” and/or “applicants,” “you,” “your”) and supplements the information contained in the Website and Mobile App Privacy Policy. It provides information required under the California Consumer Privacy Act of 2018 and as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”), and all regulations arising therefrom.
This Employee Policy describes This Supplemental Policy describes Einstein Noah Restaurant Group, Inc., Bruegger’s Enterprises, Inc., Noah’s New York Bagels Company, Inc., and Manhattan Bagel Company, Inc. (together “Bagel Brands” “We,” “Us,” and “Our”) practices regarding the collection, use, and disclosure of Personal Information and provides instructions for submitting data subject requests.
If you are unable to review or access this Employee Policy due to a disability, you may contact us at peopleservices@bagelbrands.com or einsteinbros.com/contact/.
to access this Employee Policy in an alternative format.
DEFINITIONS SPECIFIC TO THIS POLICY
• “Consumer” means a natural person who resides in California. For purposes of this policy under the CCPA, Consumers include applicants, current employees, and past employees.
• “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or household. Personal Information also includes “Sensitive Personal Information,” as defined below.
• “Sensitive Personal Information” means Personal Information that reveals a Consumer’s: 1) Social security, driver’s license, state identification card, or passport number; 2) Account log-in, financial account number, debit card number, or credit card number in combination with any required security or access code, password, or credentials allowing access to the individual’s account; 3) Precise geolocation; 4) Racial or ethnic origin; 5) Religious beliefs; 5) Union membership; 6) Contents of email or text messages, unless we are the intended recipient; 7) Genetic data; 8) Biometric information used to uniquely identify the Consumer, and 9) Health, sex life, or sexual orientation.
• “Third Party” means a person or organization which is not a Consumer, Vendor, or an entity owned or controlled by us and as defined by the CCPA.
• “Vendor” means a “service provider,” or “contractor,” which collects, stores, or otherwise handles data for us, as those terms are defined in the CCPA.
Other terms used in this Employee Policy may be defined under the CCPA and they shall have the meanings described therein.
THE PERSONAL INFORMATION WE COLLECT AND DISCLOSE
The chart below shows the categories of Personal Information we may collect; examples of Personal Information in each category; types of sources from which each category of Personal Information is collected; the business purposes for which each category of Personal Information is collected; and the types of Vendors or Third parties with whom that category of Personal Information is shared. As this chart shows, we may share or sell Personal Information to Third Parties or disclose certain Personal Information to Vendors for business purposes.
| Category of Personal Information | Examples | Sources from Which This Personal Information is Collected | Business Purposes for Collection | Types of Vendors or Third Parties with Whom This Personal Information is Shared, Sold or Disclosed |
| Unique Identifiers | Real name, signature, alias, address, unique personal identifier, online identifier, IP address, email address, account name, social security number, driver’s license number, passport number, physical characteristics or description, emergency contact information | -Directly from you on an employment application -Direct communication with you -From recruitment agencies |
-Evaluate a potential employee relationship with you; -Assess your fitness and physical capacity for work -Contact you regarding your application and potential employee relationship with us -for background check or document verification |
Disclosed: -Service providers -Contractors Shared or Sold: -Business partners -Marketing providers -Analytics providers -Social media |
| Contact and Financial Information | Name, address, telephone, email, banking and financial information | -Directly from you via our website -Claims management providers |
-Contact you regarding your application and potential employee relationship with us -Evaluate, determine, and arrange compensation, payroll, and benefits; |
Disclosed: -Service providers -Contractors Shared or Sold: -None |
| Medical Information or Health Insurance Information | Injury information for workers compensation claim | -Directly from you via our website -Claims management providers |
-Evaluate, determine, and arrange benefits -Arrange for coverage of worker’s compensation charges |
Disclosed: -Service providers -Contractors Shared or Sold: -None |
| Characteristics of Protected Classifications | Age, gender, race, physical or mental health conditions, marital status | -Directly from you on an employment application -Directly from you during onboarding |
-Comply with legal requirements – Ensure eligibility for employment – Accommodate special needs (e.g. disability) – Diversity, Equity and Inclusion programming |
Disclosed: -Service providers -Contractors Shared or Sold: -None |
| Commercial Information | Records of products or services purchased, , or other purchasing or consuming histories or tendencies | -Directly from you through your employee portal when you make purchases with employee discount | -Provide you with goods and services -Monitor usage of employee discounts |
Disclosed: -None Shared or Sold: -None |
| Biometric Information | Fingerprint scan for employee log in | -Directly from you at login | -Network security -timekeeping/ employee login |
Disclosed: -None Shared or Sold: -None |
| Internet or Other Electronic Activity | Browsing history, search history, and information regarding a consumer’s interaction with an internet website application, or advertisement | -Directly from you via our website -Directly from your employer-owned device |
-Network security -Employment monitoring for performance |
Disclosed: -Service providers -Contractors Shared or Sold: -None |
| Geolocation Data | Device location | -From your digital device -Direct communication with you -Social media interaction with you |
-Employment attendance verification -Security checks on out of network login activity |
Disclosed: -None Shared or Sold: -None |
| Audio, Electronic, Visual, Thermal, Olfactory, Or Similar Information | Call and video recordings | -From business IT department -From your employer-owned digital device |
-Security of company -Employment verification of performance |
Disclosed: -None Shared or Sold: -None |
| Professional or Employment-Related Information | Work history, prior employer | -Directly from you on an employment application -Direct communication with you -From recruitment agencies |
-Perform background checks and verify past employment, professional standing, and other qualifications; | Disclosed: -None Shared or Sold: (For Applicants only) -Business partners -Marketing providers -Analytics providers -Social media |
| Education Information | Student records, directory information | -Directly from you on an employment application -Direct communication with you -From recruitment agencies |
-Perform background checks and verify educational history, professional standing, and other qualifications | Disclosed: -None Shared or Sold: -None |
| Inferences Drawn from Other Categories to Create a Profile | Profile reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes | -Directly from you via our website -Direct communication with you -From your managers or coworkers |
-Identify employment strengths -Identify promotion potential |
Disclosed: -None Shared or Sold: -None |
Sensitive Personal Information We Collect and Disclose
| Category of Sensitive Personal Information |
Sources From Which This Sensitive Personal Information is Collected |
Business Purposes for Collection |
Types of Vendors or Third Parties with Whom This Sensitive Personal Information is Shared, Sold or Disclosed |
| Social security, driver’s license, state identification card, or passport number | -Directly from you on an employment application -Direct communication with you |
-Evaluate a potential employee relationship with you; -Perform background checks |
Disclosed: -Service Providers -Contractors Shared or Sold: -None |
| Account log-in, financial account, debit card number, plus an access code | -Directly from you you via during employee onboarding |
-Enable payroll -Assist with account unlock |
Disclosed: -Service Providers -Contractors Shared or Sold: -None |
| Precise Geolocation | -From your digital device | -Network Security | Disclosed: -Service providers -Contractors Shared or Sold: -None |
| Racial or Ethnic Origin, Religious or Philosophical Beliefs, or Union Membership | -Directly from you on an employment application | -Comply with legal requirements – Accommodate special needs (e.g. religious dietary restrictions) -Diversity, Equity and Inclusion programming |
Disclosed: -None Shared or Sold: -None |
| Contents of your mail, email, and text messages unless the business is the intended recipient of the communication | -Directly from you on an employer-owned device | -Network Security | Disclosed: -Service providers -Contractors Shared or Sold: -None |
| Biometric Data if processed for identification purposes | -Directly from you at login | -Network security -timekeeping/ employee login |
Disclosed: -Service providers -Contractors Shared or Sold: -None |
| Health Information | -Directly from you via our website -Claims management providers |
-Evaluate, determine, and arrange benefits -Arrange for coverage of worker’s compensation charges |
Disclosed: -Service providers -Contractors Shared or Sold: -None |
| Information on Sex Life or Sexual Orientation | -Directly from you on an employment application if you elect to provide it | – Diversity, Equity and Inclusion programming | Disclosed: -None Shared or Sold: -None |
We will not collect a category of Personal Information not listed above or use that Personal Information for a business purpose not listed above, without first providing you with notice.
Retention of Data
We intend to retain each category of Personal Information described above only for as long as necessary to fulfill the purpose for which it was collected, or a related and compatible purpose consistent with the average Consumer’s expectation, and to comply with applicable laws and regulations. We consider the following criteria when determining how long to retain Personal Information: why we collected the Personal Information; the nature of the Personal Information; the sensitivity of the Personal Information; our legal obligations related to the Personal Information, and risks associated with retaining the Personal Information.
Your Rights to Your Personal Information
Consumers in California have certain rights with respect to the collection and use of their Personal Information. As required by the CCPA, we provide detailed information below regarding the data subject rights available.
You have the right to request certain information regarding the Personal Information we have collected about you. You may make such a request up to twice in a 12- month span. Please note that there are circumstances in which we may not be able to comply with your request, including when we cannot verify your request or when there is a conflict with our own obligations to comply with other legal or regulatory requirements. We will notify you following submission of your request if this is the case.
Right to Receive Information on Privacy Practices. You have the right to receive the following information at or before the point of collection:
- The categories of Personal Information to be collected;
- The purposes for which the categories of Personal Information are collected or used;
- Whether or not that Personal Information is sold or shared with Third Parties or disclosed to Vendors;
- If the business Collects Sensitive Personal Information, the categories of Sensitive Personal Information to be Collected, the purposes for which it is Collected or used, and whether that information is Sold or Shared; and
- The length of time the business intends to retain each category of Personal Information, or if that is not possible, the criteria used to determine that period.
We have provided such information in this Employee Policy, and you may request further information about our privacy practices by contacting us as at the contact information provided below.
Right to Know and Right to Access. You have the right to request certain information we have collected about you. You have the right to request:
- Specific pieces and categories of Personal Information we collected about you;
- The categories of sources from which Personal Information was collected;
- The purposes for which Personal Information was collected, shared, sold, or processed;
- The categories of Personal Information we shared, sold or disclosed; and
- The categories of Vendors or Third Parties with whom we shared, sold or disclosed Personal Information.
Right to Delete. You have the right to request that we delete certain Personal Information that we have collected.
Right to Correct. You have a right to request that we correct any inaccurate Personal Information we may retain about you.
Right to Opt-Out of the Sale and Sharing of Your Personal Information. You have the right to opt-out of the Sale and Sharing of your Personal Information with Third Parties.
We do not Sell or Share Employee Personal Information with Third Parties. We also do not knowingly Sell or Share Personal Information of Employees under 16 years of age.
We Sell or Share Personal Information, or process Personal Information for targeted advertising purposes of Applicants who submit an application online. In the past twelve months, we have Sold or Shared the categories of Consumer Personal Information as listed in this Employee Policy. As a Consumer, you have the right to opt-out of the Sale and/or Sharing of Personal Information for the purpose of targeted advertising. If you would like to request that We do not sell your Personal Information pursuant to the requirements of the CCPA, please contact us here or at peopleservices@bagelbrands.com.
If you use the telephone number, you will be guided through a process that will allow you to submit a request. We do not knowingly Sell or Share Personal Information of applicants under 16 years of age.
If you opt-out of the sale of your Personal Information, we will wait at least 12 months before asking you if we may sell or share your Personal Information.
You have the right to opt-in to the sale of your Personal Information after you have opted out. If you would like to opt-in to the sale or sharing of your Personal Information, please contact us here or at peopleservices@bagelbrands.com Opting-in is a two-step process in which you will first clearly request to opt-in, and then separately confirm that choice.
Right to Limit the Use of Your Sensitive Personal Information. You have the right to instruct us to limit the use and disclosure of your Sensitive Personal Information to only that which is necessary to perform the services or provide the goods reasonably expected by an average Consumer or for specific business purposes defined by applicable law. However, we do not use Sensitive Personal Information for purposes beyond those authorized by the CCPA.
Right to Non-discrimination. You have a right to exercise the above rights and we will not discriminate against you for exercising these rights. Please note that a legitimate denial of a request to access, delete, or opt-out is not discriminatory, nor is charging a fee for excessive or repetitive requests, as permitted by the CCPA.
Instructions to Exercise your Rights. If you would like to make any of the data requests listed above, please contact us here or at peopleservices@bagelbrands.com. If you use the telephone number, you will be guided through a process that will allow you to submit a verifiable request. The level of verification will depend on the request being submitted.
You may designate an authorized agent to exercise your rights under the CCPA on your behalf. Such individual must have power of attorney, or be an authorized agent registered with the relevant Secretary of State.
Right to Appeal. If you submit a consumer request and it is denied, you have the right to appeal that decision. If you choose to appeal a decision, your request will move from HR to our Legal Department for review. If you would like to appeal a decision regarding your data request, please contact us at peopleservices@bagelbrands.com or at einsteinbros.com/contact/. Please state that your request is an “Appeal,” and describe the date and nature of your original request.
Verification Process
When you submit a request to exercise your Data Subject Rights, we may ask you to provide information that will enable us to verify your identity.
If you designate an authorized agent to exercise your rights on your behalf, we may require that you or the authorized agent do the following:
- Verify your identity with us directly.
- Provide proof of your signed written permission for the authorized agent to submit a request on your behalf.
We may deny a request from an authorized agent on your behalf if the authorized agent does not submit proof that he, she, or it has been authorized by you to act on your behalf if we request such proof.
Personal Information of Minors
We are proud of our online information and we strive to ensure we don’t offend people of any age. However, our online content is not intended for children or minors under the age of sixteen years. Accordingly, we do not knowingly store information from minors under the age of sixteen years except as required pursuant to applicable law. If you believe that a child has submitted personal information to us, please contact us at peopleservices@bagelbrands.com or einsteinbros.com/contact/ and we will delete the information.
Additional California Privacy Rights
Shine the Light Request. California Civil Code Section § 1798.83 permits users of our website who are California residents to request certain information regarding our disclosure of personal information to other parties for their direct marketing purposes. To make such a request, please send an email to peopleservices@bagelbrands.com with the subject “Shine the Light Request.”
Changes to Our Employee Policy
Bagel Brands reserves the right to amend this Employee Policy at our discretion and at any time. When we make changes to this Employee Policy, we will post an updated policy on our website with the new revised date.
Additional Information
If you would like additional information regarding our Employee Policy, please contact us at peopleservices@bagelbrands.com or einsteinbros.com/contact/ or
Einstein Noah Restaurant Group, Inc.
1720 S. Bellaire St.
Attn: Skybox
Denver, CO 80222