Foley & Lardner LLP Privacy Addendum for California Employees and Job Applicants

This Privacy Addendum for California Employees and Job Applicants (the “California Employment Privacy Notice”) supplements the information contained in Foley & Lardner LLP’s (“Foley” or “we” or “us”) Employee Privacy Notice and applies solely to all staff, associates, partners, officers, and contractors of Foley (collectively, “Personnel”) and job applicants (“Applicants”) who reside in the State of California (“you”). We adopt this California Employment Privacy Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA that have the same meaning when used in this California Employment Privacy Notice.

Information We Will Collect

Within the context of your role as Personnel or prospective Personnel, we will collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household (“personal information”). In particular, we will collect the following categories of personal information from employment applicant or our Personnel:

Category	Types of Information
A. Identifiers	A real name, alias, postal address, email address, unique personal identifier, online identifier, Internet Protocol address (when you access our network resources), username, Social Security number, or other similar identifiers. If provided by you as proof of eligibility to work or as part of your business travel profile, driver’s license number or passport number.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))	A name, signature, Social Security number, address, telephone number, education, employment, employment history, bank account number, or health insurance information. If provided by you as proof of eligibility to work or as part of your business travel profile, credit card number, passport number, driver’s license or state identification card number. Note: Some personal information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.	NOTE: We require your age (40 years or older) and citizenship to verify your identity and to provide you with health and retirement benefits. You may also voluntarily disclose your race, color, ancestry, national origin, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, and pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status. Foley is an equal opportunity / affirmative action employer and does not discriminate based on any of the foregoing (except as otherwise provided for by applicable law), or any other characteristic protected by applicable federal, state, or local law. Disclosure of this information is optional, and we will collect this information only to the extent you choose to provide it.
F. Internet or other similar network activity.	Browsing history, search history, information on your interaction with a website or application.
H. Sensory data	Audio or visual information.
I. Professional or employment-related information.	Current or past job history or performance evaluations.

Personal information does not include publicly available information from government records, deidentified or aggregate consumer information, or personal information covered by certain sector-specific privacy laws, such as the Fair Credit Reporting Act and the Driver’s Privacy Protection Act of 1994.

EMPLOYEE NOTICE. As a self-funded insurer, Foley is subject to certain requirements under the California Confidentiality of Medical Information Act (CMIA) and Health Insurance Portability and Accountability Act of 1996 (HIPAA). We use a third party administrator to manage our self-funded insurance, so we do not receive or maintain your health or medical information. In the event we receive any information governed by the CMIA or HIPAA, such information is excluded from CCPA’s scope and is not considered personal information for the purposes of this California Employment Privacy Notice, but will be protected in accordance with those regulations.

Use of Personal Information

IF YOU ARE AN APPLICANT, we may use or disclose the personal information we collect for one or more of the following business or commercial purposes:

recruiting;
consideration for current or future open positions;
verifying your information and carrying out employment, background, and reference checks, where applicable, subject to your consent where required by law, and maintaining records on such checks as required by law;
communicating with you about the recruitment process and your application;
analyzing and improving our application and recruitment process;
complying with applicable legal and regulatory requirements;
responding to law enforcement requests and as required by applicable law, court order, or governmental regulations;
detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity; and
as described to you when collecting your personal information or as otherwise set forth in the CCPA.

IF YOU ARE PERSONNEL, we may use or disclose the personal information we collect for one or more of the following business or commercial purposes:

to deliver or administer pay and benefits, including health and insurance benefits;
to manage our workforce and your career;
to deliver training programs, and measuring and recording the results of training;
for communication with Foley personnel, clients, and business partners;
to maintain information about your work history, work performance, and disciplinary actions;
to run and manage business operations, including to schedule work, manage the business organization, business assets, travel and expense reimbursement, managing corporate credit cards and card payment history, maintaining corporate contact directories and organizational charts, managing and storing records;
for processing IT infrastructure, including email, internet, social media systems, and file shares;
to maintain the security and safety of our facilities, personnel, and other assets, including to authenticate personnel to access Foley’s IT resources and facilities;
to conduct screening and background and compliance checks during your employment at Foley and maintaining records on such checks;
to provide employment programs, such as on-site health services, company cars, pension schemes, stock options, and other similar benefits;
to comply with legal requirements, including to report accidents, salary, and tax information to regulatory authorities and to report employment and license maintenance information to state bar officials;
to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Foley’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Foley about Personnel is among the assets transferred
to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity;
for diversity and inclusion efforts within and outside of Foley in accordance with firm policy;
in order to publish in your online biography and for marketing efforts in accordance with firm policies; and
as described to you when collecting your personal information or as otherwise set forth in the CCPA.

Regardless of whether you are Personnel or an applicant, Foley will not collect additional categories of personal information or use the personal information we collected for additional purposes without providing you notice.

Changes to this California Employment Privacy Notice

Foley reserves the right to amend this California Employment Privacy Notice at our discretion and at any time. When we make changes to this California Employment Privacy Notice, we will post the updated notice on Foley’s website for Applicants, and on Foley’s intranet for Personnel. If you are Personnel, we may also notify you of any changes by email, internal memorandum, and/or posting on Foley’s internal websites.

Contact Information

If you have any questions or comments about this California Employment Privacy Notice and the ways in which Foley collects and uses your information described above or in the Employee Privacy Notice, please do not hesitate to contact us at the appropriate contact below:

APPLICANTS may contact us at [email protected].

PERSONNEL may contact the HR Department at [email protected].