HC2 DATA PRIVACY FRAMEWORK PRIVACY NOTICE

HC2, Inc. d/b/a Hire Counsel (“Hire Counsel”) may collect Human Resources and Non-Human Resources Personal Data in the EU, UK and Switzerland and will adhere to the Data Privacy Framework Program (DPF) Principles when transferring such data to the United States.

1.                DPF COMPLIANCE

Hire Counsel complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.  Hire Counsel has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF.  Hire Counsel has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) Program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

With respect to personal data received or transferred pursuant to the Data Privacy Frameworks, Hire Counsel is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. 

Pursuant to the DPF Program, EU, UK and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You also may correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under DPF, should direct their query to hcmclegal@hirecounsel.com. If requested to remove data, we will respond within a reasonable timeframe.

2.                COLLECTED INFORMATION

Human Resources Information

Hire Counsel may collect the following Human Resources Information in the context of the employment relationship:

  • Contact information such as telephone number, physical address, email address
    • Employment information such as position, title, job description or personnel number
    • Compensation and tax-related EEA PII
    • Banking and financial account information
    • Photos and videos
    • Government-issued unique identifiers
    • Gender
    • Date of birth
    • EEA PII revealing racial or ethnic origin
    • EEA PII relating to criminal convictions and offences

Hire Counsel uses Human Resource personal information for limited purpose that includes complying with employment related laws and regulations as well as for payroll purposes. Hire Counsel employees who would like to provide limits with regard to Hire Counsel’s use and disclosure of their personal data can send a written request to Hire Counsel.

Personal Information from Other Sources

a.                Document Review

Hire Counsel may collect the following Personal Information as part of its processing of documents provided by its clients:

  • Contact information such as telephone number, physical address, email address
    • Employment information such as position, title, job description or personnel number
    • Compensation and tax-related EEA PII
    • Banking and financial account information
    • Photos and videos
    • Government-issued unique identifiers
    • Gender
    • Date of birth
    • EEA PII revealing racial or ethnic origin
    • EEA PII revealing political opinions
    • EEA PII revealing religious or philosophical belief
    • EEA PII revealing trade union membership
    • Genetic or biometric EEA PII
    • Health or medical related EEA PII
    • EEA PII concerning a natural person’s sex life or sexual orientation
    • EEA PII relating to criminal convictions and offences

Hire Counsel may collect, use or access this personal information for limited purpose that includes performing document review services on behalf of its clients. Individuals who would like to provide limits with regard to Hire Counsel’s use and disclosure of their personal data can send a written request to hcmclegal@hirecounsel.com.

b.                Recruiting Services

Hire Counsel may collect the following information in connection with the temporary and permanent recruiting services it provides to its clients:

  • Contact information such as telephone number, physical address, email address
    • Employment information such as position, title, job description or personnel number
    • Compensation and tax-related EEA PII
    • Banking and financial account information
    • Photos and videos
    • Government-issued unique identifiers
    • Gender
    • Date of birth
    • EEA PII revealing racial or ethnic origin
    • EEA PII relating to criminal convictions and offences

Hire Counsel may collect, use or access this personal information for limited purpose that includes

(1) hiring personnel for the purpose of assigning them to its clients on a temporary basis to provide services in the legal industry or (2) referring individuals to companies and law firms as potential candidates for them to hire for open positions. Individuals who would like to provide limits with regard to Hire Counsel’s use and disclosure of their personal data can send a written request to hcmclegal@hirecounsel.com.

3.                THIRD PARTY DISCLOSURES

Human Resources Information

Hire Counsel discloses Human Resources information of its employees to third party payroll and background check providers as part of its employee onboarding and payroll process.

Other Personal Information

a.                Document Review

Hire Counsel may disclose Non-Human Resources Information to third party ediscovery software companies that provide secure online software tools to perform document review services.

b.                Recruiting Services

Hire Counsel stores certain personal information pertaining to candidate profiles on a server that is maintained by a third-party vendor. Consistent with this policy, candidate profiles may be shared with potential employers.

4.                PERMITTED DISCLOSURES

We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to hcmclegal@hirecounsel.com.

Hire Counsel’s accountability for personal data that it receives in the United States under the DPF and subsequently transfers to a third party is described in the DPF Principles. In particular, Hire Counsel remains responsible and liable under the DPF Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Hire Counsel proves that it is not responsible for the event giving rise to the damage.

Hire Counsel may disclose your personal information under the following circumstances:

  • You         authorize         Hire         Counsel         to               disclose           the           information
  • In response to a lawful request by public authorities including to meet national security or law enforcement requirements
  • In response to a lawful subpoena, court order, or other applicable law or legal process
  • When Hire Counsel has a good faith belief that the disclosure is necessary to prevent or respond to fraud or to protect the property and safety of Hire Counsel, its customers, candidates or the public
  • If Hire Counsel merges with or is acquired by another company or if all or a substantial portion of its assets are acquired by another company. In those cases, your information will likely be one of the assets that is transferred.

5.                DISPUTE RESOLUTION

In compliance with the DPF Principles, Hire Counsel commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to DPF. EU, UK and Swiss individuals with DPF inquiries or complaints should first contact Hire Counsel by email at Stephanos Zannikos | szannikos@hirecounsel.com | (646) 356-0528

Hire Counsel has further committed to refer unresolved privacy complaints under the Data Privacy Framework Principles to a U.S.-based independent dispute resolution mechanism, BBB NATIONAL PROGRAMS. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbbprograms.org/dpf-complaints for more information and to file a complaint. This service is provided free of charge to you. If your complaint concerns personal data collected in the course of your employee relationship with Hire Counsel, please see the section on “EU and Swiss Cooperation for HR Information” below.

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See  https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction for more information on this process. 

6.                EU AND SWISS COOPERATION FOR HUMAN RESOURCES INFORMATION

If your complaint involves human resources data transferred to the United States from the European Union, the United Kingdom, or Switzerland in the context of the employment relationship, and Hire Counsel does not address it satisfactorily, Hire Counsel commits to cooperate in investigations by and to comply with the advice of the relevant authorities (the EU data protection authorities (DPA Panel), the UK Information Commissioner’s Office, and the Swiss Federal Data Protection and Information Commissioner, as applicable) with regard to such data. To pursue an unresolved human resources complaint, you should contact the state or national data protection or labor authority in the appropriate jurisdiction listed above.  Complaints related