Privacy Policy

THE BREAKERS PALM BEACH, INC.

Privacy Policy for Employment Related Information from Individuals Residing in California

Last Updated: December 27, 2022

This Privacy Policy (the “Employee Policy”) applies to employees who reside in California (collectively, “you” or “your”) and explains our privacy practices with respect to the Personal Information we collect or receive about you in the context of your employment with The Breakers.

When using the terms “we,” “our,” “us,” or “The Breakers,” we are referring to The Breakers Palm Beach, Inc. and its affiliated companies, subsidiaries and properties.

The term “Personal Information” means information that identifies, relates to, describes or is reasonably capable of being associated with you.

HOW AND WHAT PERSONAL INFORMATION WE COLLECT

When you apply for a job with us and you are hired, we may collect the following types of Personal Information directly from you, from your references, or from an authorized service provider that facilitates our recruitment efforts or job application and hiring process:

  • Identifiers, such as: 
    • Name, address, date of birth, e-mail address, Skype or Zoom name, phone number, unique cookie identifier or similar identifier, or Internet Protocol (“IP”) address
  • Characteristics of Protected Classifications, such as:
    • Gender, age, race, national origin, veteran status, medical condition or disability; other Characteristics of Protected Classifications, including certain Sensitive Information (defined below), such as sexual orientation or religion is not actively collected by The Breakers as a condition of your employment, although you may provide such information to The Breakers through voluntary self-disclosure. Such information will only be collected and used as permitted by applicable law.
  • Professional or Employment-Related Information, such as:
    • Work history, work hours, leave from employment, references, information about skills and abilities included languages spoken, accomplishments and awards, training and development information, performance evaluation information, and employment termination information
    • Current employment status, type of position sought, expected starting salary or wage, dates available to work, confirmation of available transportation
  • Education information, such as:
    • Education history and related information included in your resume or cover letter
  • Geolocation Data, such as:
    • The physical location of your device via your IP address if completing an online application
  • Internet or Network Activity Information, such as:
    • Type of internet connection, the equipment used to access our website or online application, usage information, browsing history, search history or information relating to your interaction with The Breakers website, application, portal, device or network through the use of “cookies,” beacons, pixel tags, mobile ad identifiers, or similar technologies
  • Inferences, such as:
    • Inferences drawn from any of the other categories of Personal Information in order to determine an applicant’s or employee’s characteristics, abilities, and aptitudes •
  • Sensitive Information, such as:
    • Social Security Number, Driver’s License number, passport number, financial account information, and criminal background information, if any; other Sensitive Information such as religious or philosophical beliefs, sexual orientation, racial or ethnic origin, and, is not actively collected by The Breakers as a condition of your employment, although you may provide such Sensitive Information to The Breakers through voluntary self-disclosure.

Please note that the content of your email messages using The Breakers equipment or accounts is subject to access and monitoring and is not considered Personal Information, as The Breakers is the owner and intended recipient of that information.

WHY WE USE AND HOW WE DISCLOSE PERSONAL INFORMATION

We only use or disclose your Personal Information, including your Sensitive Personal Information, as described in this Employee Policy and as permitted or required by applicable law. We do not sell your or share your Personal Information as defined under California law. We may, however, disclose your Personal Information as outlined below.

In the last 12 months, we have used and disclosed the following categories of Personal Information for a business purpose, as further explained below:

Characteristics of Protected Classifications, Education Information, Geolocation, Identifiers, Inferences, Internet or Other Network Activity, Professional or Employment-Related Information, and Sensitive Personal Information.

Processing & Managing Your Application. We use your Characteristics of Protected Classifications, Education Information, Identifiers, Internet or Other Network Activity, Inferences, Professional or Employment-Related Information and Sensitive Personal Data to process your application, create an applicant file for you, assess your qualifications for a specific role or position with us, schedule and conduct interviews, communicate with you about the process, and carry out background or reference checks. We also use your Geolocation Data and Internet or Network Activity Information to facilitate submission of your application online.

We may share this information with governmental or private agencies used to conduct background, credit and reference checks. We may also share this information with vendors, such as applicant tracking service providers, or our agents, such as lawyers, as necessary during the hiring process.

Onboarding. We use your Characteristics of Protected Classifications, Identifiers, Professional or Employment-Related Information, and Sensitive Personal Data to complete your onboarding with us, including the use of this information to enroll you in benefits, establish direct deposit or other payroll method, verify employment eligibility, satisfy employment reporting requirements with local, state and federal governments, and provide relevant information.

We may share this information with vendors and our agents as necessary to accomplish the stated purposes.

Contacting Others in Case of Emergency. We use your Identifiers to contact individuals who you have identified as emergency contacts.

Offering Points of Contact for Our Services. We use your Identifiers in connection with the performance of your job duties for public relations and guest/member services (e.g., we may send your contact information to guests, members or other business contacts so they can contact you in connection with your employment).

Recordkeeping. We use your Identifiers and Professional or Employment-Related Information to create records of guest or member interactions or records of other interactions with business partners to assist with business operations.

We may share this information as needed with the involved guest, member or business partner.

Legal Compliance. We use your Characteristics of Protected Classifications, Identifiers, Inferences, Professional or Employment-Related Records and Sensitive Personal Information to create records of your employment or contract with us for satisfaction of various legal requirements, actions or positions, or during any material business transactions involving The Breakers (e.g., a merger or acquisition).

We may share this information with our agents, such as accountants or lawyers, or with potential strategic partners on a confidential basis.

Evaluating Our Recruitment & Employment Opportunities. We use your Characteristics of Protected Classifications, Identifiers, Professional or Employment-Related Information and Sensitive Information to monitor equal employment opportunities, the usefulness of our online applications, and the effectiveness of our recruiting efforts.

We may share this information with our vendors that assist with recruitment and compliance initiatives.

Job Training, Performance & Appraisal. We use your Identifiers, Inferences, and Professional or Employment-Related Information, certain Sensitive Personal Information and Inferences to create a personnel file so that we can appropriately document your employment or contract performance and to provide relevant job training or feedback and to make employment decisions.

We may share this information with our agents, such as accountants or lawyers, or with potential strategic partners on a confidential basis. We may also share this information with employee training providers or prospective employers.

Performing Payroll Operations & Administering Benefits. We use your Characteristics of Protected Classifications, Identifiers, Professional or Employment-Related Information, and Sensitive Personal Information to monitor and manage hours worked, including time-off or leave, pay your compensation and offer any reimbursements for expenses, and administer benefits (such as insurance, retirement plans or pension plans).

We may share this information with our agents, such as accountants or lawyers, or with potential strategic partners on a confidential basis. We may also share this information with vendors, such as payroll service providers, banks, or benefits plans and administrators.

HOW LONG WE KEEP PERSONAL INFORMATION

We strive to retain Personal Information only for so long as necessary to fulfill the purpose for which the information was collected. Given the unique nature of data used in the employment context, we may maintain records of your Characteristics of Protected Classifications, Education Information, Identifiers, Inferences, Professional or Employment-Related Information, and Sensitive Information until after your employment relationship or contract with us has been terminated. We may also maintain this information for a certain period of time following withdrawal or disposal of your application, termination of your employment relationship, or termination of your contract as provided in our internal retention schedule or as required by law. Your Geolocation and Internet or Network Activity is maintained temporarily and will be purged after a period of inactivity with our online application.

YOUR PRIVACY RIGHTS

Right to Know

As a job applicant, employee or contractor residing in California, you may have the right to request that we disclose certain information to you about our collection and use of your Personal Information. You may submit a request that the following be disclosed to you:

  • The categories and sources of Personal Information that we collected about you;
  • Whether we sold or disclosed your Personal Information;
  • Our business or commercial purpose for collecting, selling, or sharing your Personal Information;
  • The categories of recipients of your Personal Information; or
  • The specific pieces of Personal Information that we collected about you (also called a data portability request), unless prohibited by law.

Right to Delete

As a job applicant, employee, or contractor residing in California, you may have the right to request that we delete all or some of the Personal Information that we collected about you, subject to applicable exceptions. You may submit a request that may result in:

  • The permanent and complete erasing of your Personal Information on our existing systems, and our vendor’s existing systems, with the exception of archived or back-up systems;
  • De-identifying your Personal Information so that it can no longer identify you; or
  • Aggregating your Personal Information with other information so that it can no longer identify you.

If you choose to request that we delete your Personal Information, it may affect our ability to provide records of your employment upon request.

Right to Correct Inaccurate Personal Information

As a job applicant or employee residing in California, you may have the right to request that we correct inaccurate Personal Information, subject to certain exceptions. In determining whether your Personal Information is inaccurate, we will consider the nature of the information (for instance, whether it is objective information or subjective information), the source of the information, and available documentation relating to the accuracy of the information. If the information is inaccurate, we may also delete that information.

Right to Non-Discrimination/Non-Retaliation

As a job applicant or employee residing in California, you may have a right not to be subject to discriminatory treatment as a result of exercising the rights conferred upon you by California law. In other words, we will not make employment decisions or retaliate based on the exercise of your rights described above.

EXERCISING YOUR PRIVACY RIGHTS

To exercise your privacy rights described above, please submit a verifiable request to us by:

  • Using the interactive request form found here

You may grant an authorized agent written permission to submit requests on your behalf. We may request proof of your written permission before responding to any requests made by a purported authorized agent and may deny those requests if we are unable to verify your identity, or if you cannot provide proof that you authorized the agent to act on your behalf. You may also make a verifiable consumer request on behalf of your minor child.

The Breakers is required to verify the identity of any person or entity that requests the disclosure, correction or deletion of Personal Information. If you have a password-protected account with us, we will use our existing authentication procedures to verify your identity. For most other requests from individuals who do not have a password-protected account with us, we will ask for information that matches at least two pieces of personal information we store about you before responding to your request. If you would like to request specific pieces of your personal information that the Breakers has collected, or if you would like us to delete Sensitive Personal Information, you will need to provide information that matches at least three pieces of information that we store about you, and you must provide a signed declaration under penalty of perjury that you are the consumer, or agent for the consumer, whose personal information you are requesting.

We cannot 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 that relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify identity or authority to make the request.

SECURITY MEASURES

Protecting your Personal Information is important to us. We have implemented security measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. However, please be aware that methods of transmission and electronic storage are not completely secure. We cannot guarantee the security of your Personal Information, as third parties may unlawfully intercept or access transmissions or electronic storage. Therefore, you provide your Personal Information at your own risk and we do not guarantee the performance or adequacy of our security measures.

THIRD PARTY SITES

The Breakers is not responsible for Personal Information you provide to third parties, such as social media platforms or sites where you may be redirected for payment. Our websites include social media features, such as Instagram, Twitter, and Facebook Like buttons. These features may collect your IP address, which page you are visiting on our websites, and may set a cookie to enable the feature to function properly. The Breakers also maintains an online presence on these social media platforms.

When you interact with our pages on these social media platforms, including “Liking” our pages, sending us direct messages, or submitting other information, your information is subject to the data practices of these platforms. Your interactions with these features are governed by the privacy policy of the company providing the features. We are not responsible for the privacy policies and practices of any of these third parties. You should review the privacy policies and practices of such third parties prior to disclosing your Personal Information to them. If you have any questions about how these third parties use your information, you should review their policies and contact them directly.

INFORMATION FROM CHILDREN

Our applications and employment opportunities are intended for adults and are not directed to minors. If you are a minor, you may only provide us with your information or apply for a job under the supervision of a parent or legal guardian who agrees to be bound by the Privacy Policy. We do not knowingly collect Personal Information from children under the age of 16. If we learn that we have inadvertently gathered Personal Information from a child under the age of 16, we will take reasonable measures to promptly remove that information from our records.

CHANGES TO THIS NOTICE

We reserve the right to modify this Employee Policy at any time. When we make changes to this Employee Policy, we will post the updated Employee Policy on the website and provide notice to you as required by law. You are responsible for periodically reviewing this Employee Policy. The Employee Policy posted at any time on this website shall be deemed the Employee Policy then in effect. Your continued use of our website following the posting of changes constitutes your acceptance of the updated Employee Policy. We will not collect new types of Personal Information without providing you notice prior to collection of that Personal Information. We will not use your Personal Information for an unexpected purpose without first obtaining your consent.

HOW TO CONTACT US

If you have questions or concerns about our privacy practices or wish to make a request regarding your Personal Information, please contact us using our interactive request form. Or contact our Privacy Officer at [email protected].