California Privacy Policy

 

Effective Date: 1/1/2023

This California Privacy Policy supplements the information contained in our Privacy Policy and is adopted to comply with the California Consumer Privacy Act (CCPA) 2018, Cal. Civil Code Section 1798.100 et. seq., as amended, and related regulations, as may be further amended from time to time (“CCPA Policy”). This CCPA Policy applies solely to visitors, users, Client’s employees, and/or others who reside in the State of California ("consumers") and to Clients. Any terms defined in the CCPA have the same meaning when used in this CCPA Policy. All other capitalized terms shall have the same meaning as those designated in the SurePayroll Privacy Policy. This CCPA Policy explains how SurePayroll, a Paychex company, and our subsidiaries and affiliates, (“SurePayroll” “we,” “us,” or “our”) collect, use. disclose and retain Personal Information, otherwise known as our Information Practices, and how consumers may exercise their rights under CCPA.

SurePayroll as a Service Provider 

This CCPA Policy governs Personal Information collected, processed, or disclosed by SurePayroll as a Service Provider for our Clients and for our own purposes. SurePayroll will collect and process Personal Information as instructed or permitted by our Clients or in accordance with this CCPA Policy. For more information regarding this process, please see our CCPA FAQs.

What Information is Collected 

The CCPA defines Personal Information as “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household” but does not include certain exempt information, publicly available information, or deidentified or aggregated information.  SurePayroll’ Information Practices include the collection and use of Personal Information as described in the Privacy Policy and as set forth below. This CCPA Policy applies to our Information Practices both online and offline. 

Our Purposes for the Collection and Use of Personal Information

We may collect Personal Information directly from Clients, affiliates, business partners, agents, vendors and consumers. Our collection of Personal Information is limited to the business and commercial purposes as described below:

  1. To facilitate current, prospective, or former employer requested Services, transactions, investments, distributions and/or benefits
  2. Administer and improve our Site
  3. Facilitate billing and collections
  4. Contact Clients and consumers with information on Services, new Services or products, or upcoming events, including via SMS or MMS text messaging if mobile phone number is provided for that purpose
  5. Market our Services to Clients and consumers or for auditing our interactions
  6. Detect fraud or theft or for other security purposes
  7. Comply with legal, reporting, and regulatory requirements
  8. Maintain, manage, or service accounts
  9. Provide customer service or support
  10. Verify consumer identity as well as eligibility to receive Services, information, and products
  11. Research and develop technological improvements
  12. Send transactional communications as part of our Services
  13. Improve, upgrade, or enhance our Services
  14. Administer quality and safety maintenance for our Site or Services
  15. For other purposes that are compatible with this Privacy Policy or where permitted by applicable law
  16. In any other way we may describe when you provide the information, or for which you provide authorization

Sources of Collection of Personal Information

We collect Personal Information from the following sources:

  • When a Client provides it to SurePayroll to facilitate the processing of the Services
  • From you when you utilize the Site or Services
  • From applications, forms, webinars, surveys, and other information you provide us 
  • If you provide us with comments or suggestions, request information about our Services, or contact our customer service or support departments via phone, email, chat or other forms of communication
  • From consumer and business reporting agencies regarding your creditworthiness or credit history
  • Between SurePayroll and third party vendors

Categories of Third Parties with Whom We Disclose Personal Information

We may use, disclose, or transmit Personal Information we collect to other service providers or other third parties for business purposes, to provide our Services, or for other purposes as provided by the CCPA as described below:

  1. Our affiliates, partners, or subsidiary organizations
  1. Government agencies to fulfill legal, reporting and regulatory requirements
  2. Attorneys, accountants and auditors
  3. Our employees, affiliated companies, subsidiaries, contractors, agents and third-party vendors to perform Services related to your account, to offer additional Services, perform analysis to determine qualification to receive future services, collect amounts due, or for our business operations
  4. Third-party providers for services that you may sign-up for via our Site or Services   
  5. Banking and brokerage firms to process payroll-related and/or securities transactions 
  6. To a buyer or successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred
  7. Credit bureaus and similar organizations, law enforcement or government officials. We reserve the right to release information if we are required to do so by law or if, in our business judgment, such disclosure is reasonably necessary to comply with any court order, law, or legal process, in a fraud investigation, an audit or examination
  8.  Health and welfare providers in support of benefit Services
  9.  Cloud providers, customer management platforms, security providers, and similar Services in connection with providing products, Services and in the support of daily operations
  10. Any other entity disclosed by SurePayroll when you provide the information, or for which you provide authorization

The chart below describes the categories of Personal Information collected in the previous twelve months, the business or commercial purposes for such collection, and the categories of third parties with whom we have disclosed Personal Information in the previous twelve months.

 

Category of Personal Information that We May Collect and Transmit

 

Examples

 

Collected During the Past 12 Months

Business or Commercial Purpose(s)

Categories of Third Parties with Whom We Disclosed Personal Information During Past 12 Months

Personal Information 

Full name, address, telephone number, social security number, date of birth, driver's license number, passport numbers, financial, bank account, geolocation data, medical and beneficiary information, signatures, vaccination related information, and similar identifiers

Yes

1-16

A-K

Sensitive Personal Information

·        Social security number, driver’s license, state ID card, passport number, a consumer account login, financial account, debit card or credit card number in combination with any: required security code, password, credentials allowing access to an account, a consumer’s precise geolocation, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of: a consumer’s mail, email and text messages (unless the business is the intended recipient), consumer’s genetic data, processing of biometric information for the purpose of uniquely identifying a consumer, Information collected and analyzed concerning a consumers health, sex life and sexual orientation

 

Yes

1-3,5-10,12-16

A-K

Protected Personal Characteristics

Age (40 years or older), race, color, ancestry, sex, gender identity, sexual orientation, national origin, marital status, veteran or military status, medical information (including medial conditions, disabilities), and similar identifiers

Yes

1-3,5,7,8-10,12,13,15,16

A-E,G-K

Profession and Employment Related Information (job applicants)

Employment history, job title(s), work descriptions, locations, dates worked, performance evaluations, and similar information

Yes

1-5,7-10,13,16

A-E,G-H,J- K

Education Information (non-public)

Institution name, degree, GPA, years attended, professional certifications, visa sponsorship and similar information

No

 

 

Internet and Other Electronic Identifiers

Unique user ID, browsing history, cookie data, IP address, unique device information, session logs, analytics logs, geolocation data, and similar identifiers

Yes

1-2,4-11,14-16

 

A,C-E,G-K

Inference Information

Profile reflecting preferences, characteristics or predispositions, product and service interests, order histories, search histories and similar information

Yes

1,2,4,5,12,13,15,16

A,D-E,G,J-K

Biometric Information

Iris, finger, facial scan, or voice used in the creation of identification templates for time products and voice assistance services

No

 

 

Geolocation Data

Physical location, Device coordinates/location, or movements

Yes

1, 10, 12, 15, 16

A-D,G,H, K

Sensory Information

Images, visual, thermal, olfactory information, audio or video recordings related to the services

Yes

1, 2, 7, 13, 15, 16

A-D,G,H,K

 

Categories of Personal Information Sold or Shared to Third Parties 

SurePayroll does not sell or share Personal Information with Third Parties. We only make business purpose disclosures as detailed above and pursuant to written contracts that describe the purposes of use, require the recipient to keep Personal Information confidential, and prohibit using the disclosed information for any purpose except performing the contract. 

Data Retention

We retain personal information for as long as necessary to provide the Services and fulfill the transactions requested by or on behalf of Clients, or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, enforcing our agreements, and for any other necessary business purpose.

Consumer Rights under CCPA

The CCPA provides consumers with specific rights regarding their Personal Information. This section explains how those rights may be exercised. SurePayroll is receiving requests directly from consumers on behalf of its Clients.  As a Service Provider to our Clients, we may not be able to execute all requests. Consumers may wish to reach out to their employer or former employer when making such requests.

  1. Consumers have the right to request to certain information about our collection and use of Personal Information (the "Right to Know") or access to specific pieces of personal information (“Specific Request to Know”). Consumers may only submit two requests per a twelve-month period.
  2. Consumers have the right to request correction of Personal Information (“Right to Correct”). Keeping your information accurate and updated is very important. Clients can review or correct account information on the Site or by contacting a customer service representative. If you have an account on the Site, you may able to make changes to your own information after you login using online tools. Changes to information regarding a worker’s dependent(s) or family member(s) must be completed by worker and/or the worker’s employer. As of January 1, 2023, you may call SurePayroll at 1-877-956-7873 if you have additional questions regarding the ability to correct information.
  1. Consumers have the right to request deletion of Personal Information, subject to certain exceptions (the "Right to Delete"). Once we receive a request and confirm the consumer’s identity we will review the request to determine if an exception allowing us to retain the information applies. We may deny a deletion request if retaining the Personal Information is necessary for us to:
  • Complete the transaction(s) for which we collected the Personal Information including to provide Services to our Clients, provide a good or service that was requested, take actions reasonably anticipated within the context of our ongoing business relationship with our Clients, or otherwise to fulfill our contractual obligations; and/or
  • As otherwise allowed by the CCPA.
  1. We will not discriminate against consumers for exercising CCPA rights including refusing Services or offering different pricing models.

How To Exercise Rights Under CCPA

As January 1, 2023 California consumers or authorized agents may submit a request in one of the following ways:

  1. By using our CCPA Request Form
  2. By calling SurePayroll at 1-877-956-7873

If you’re making a request as an Authorized Agent, we will email you a CCPA Authorized Agent Form after you submit the request. The CA consumer must fill out and sign the Form, and you or the consumer will need to send us a copy of the completed form in order for us to fulfill your request. If the request is submitted by someone with a power of attorney (POA), the POA may be submitted instead of the Authorized Agent Form.  

When submitting a request under CCPA, we are required to reasonably validate the requestor to appropriately secure Personal Information. If we cannot validate the requestor based on the information provided, we will notify the requestor that we are unable to fulfill the request. We will only use Personal Information provided in the request to verify the requestor's identity or authority to make it. We will confirm receipt of a request within ten (10) business days. We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period. We do not charge a fee to process or respond to a verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will detail why we made that decision and provide a cost estimate before completing the request. If you have any other questions regarding this process, please see our CCPA FAQs.

Updates to this CCPA Policy

Please refer to this CCPA Policy regularly as it may be revised due to legislative changes, changes in technology or our privacy practices or new uses of customer information not previously disclosed in this CCPA Policy. Revisions are effective upon posting. If you have any comments, concerns or questions about this CCPA Policy, please contact 1-877-956-7873.  

This CCPA Policy does not apply to current or former employees or independent contractors of SurePayroll. 

Last Updated December 29, 2022