This Privacy Notice for California Residents (“CPRA Notice of Collection”) applies to all David & Esperanza Chavez Family Limited Partnership, Chavez Supermarket Holding Corp., and Chavez Markets Properties, LLC (“Chavez Supermarket”, “we”, “us”, or “our”) job applicants and personnel, including employees and independent contractors, who reside in the State of California (“Consumers”, “you”, or “your”). We have created this CPRA Notice of Collection to provide you with additional information about our collection and use of your Personal Information in order to comply with the California Privacy Rights Act (“CPRA”) in the employment or personnel context.
Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device as specifically defined in the CPRA (“Personal Information”). We collect Personal Information relating to pre-hire documents and decisions – for example, in job applications, resumes and interview notes. We collect Personal Information relating to your employment or contractor relationship with us – for example, information contained in your personnel file, and in payroll, health insurance, workers’ compensation and training records. Certain Personal Information is also considered “Sensitive Information” (as defined by CPRA).
In particular, within the last twelve (12) months, Chavez Supermarket may have collected the following categories of Personal Information from Consumers and used the Personal Information for the following business purposes:
Category |
Examples |
Business Purpose |
|---|---|---|
A. Identifiers |
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email addresses, Social Security number, driver’s license number, Real ID, state identification card number, photograph, passport number, or other similar identifiers. |
To fulfill or meet the reason you provided the information. To comply with federal, state and local laws requiring employers to maintain certain records. To effectively process payroll and administer direct deposit. To administer and maintain group health insurance benefits, 401K and/or retirement plans and workers’ compensation claims. To manage employee performance of their job duties. To evaluate your job application or resume for an open position. To process your requests for information and requests from other Chavez Supermarket employees. To display employee photos in a company directory and other materials. To help maintain the safety, security, and integrity of our company, personnel, services, databases and other technology assets, data and business. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Chavez Supermarket’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Chavez Supermarket is among the assets transferred. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. To ensure your dietary requirements are met and allergies and similar restrictions are addressed, at events and venues. As described to you when collecting your Personal Information or as otherwise set forth in the CPRA. |
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, passport number, driver’s license, Real ID or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. This information may include responses to Chavez Supermarket’s COVID-19 screening protocol, COVID-19 test results, and COVID-19 vaccination status. |
To fulfill or meet the reason you provided the information. To comply with federal, state and local laws requiring employers to maintain certain records. To effectively process payroll and administer direct deposit. To administer and maintain group health insurance benefits, 401K and/or retirement plans and workers’ compensation claims. To evaluate your job application or resume for an open position. To process your requests for information and requests from other Chavez Supermarket employees. To help maintain the safety, security, and integrity of our company, personnel, services, databases and other technology assets, data and business. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Chavez Supermarket’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Chavez Supermarket is among the assets transferred. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. To ensure your dietary requirements are met and allergies and similar restrictions are addressed, at events and venues. As described to you when collecting your Personal Information or as otherwise set forth in the CPRA. |
C. Protected classification characteristics under California or federal law. |
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status. |
To fulfill or meet the reason you provided the information. To comply with federal, state and local laws requiring employers to maintain certain records. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Chavez Supermarket’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Chavez Supermarket is among the assets transferred. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. As described to you when collecting your Personal Information or as otherwise set forth in the CPRA. |
D. Commercial Information |
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
To help maintain the safety, security, and integrity of our company, personnel, services, databases and other technology assets, data and business. 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 Chavez Supermarket’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Chavez Supermarket is among the assets transferred. As described to you when collecting your Personal Information or as otherwise set forth in the CPRA. |
E. Biometric Information. |
Fingerprints, facial patterns, voice or typing cadence. |
To manage employee performance of their job duties. To help maintain the safety, security, and integrity of our company, personnel, services, databases and other technology assets, data and business. 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 Chavez Supermarket’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Chavez Supermarket is among the assets transferred. As described to you when collecting your Personal Information or as otherwise set forth in the CPRA. |
F. Internet or other similar network activity. |
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement, if available on a company-provided device. |
To manage employee performance of their job duties. To help maintain the safety, security, and integrity of our company, personnel, services, databases and other technology assets, data and business. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Chavez Supermarket’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Chavez Supermarket is among the assets transferred. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. As described to you when collecting your Personal Information or as otherwise set forth in the CPRA. |
H. Sensory data. |
Audio, electronic, visual (including photographs) or similar information. |
To fulfill or meet the reason you provided the information. To manage employee performance of their job duties. To display employee photos in a company directory and other materials. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Chavez Supermarket’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Chavez Supermarket is among the assets transferred. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. As described to you when collecting your Personal Information or as otherwise set forth in the CPRA. |
I. Professional or employment-related information. |
Current or past job history or performance evaluations. |
To manage employee performance of their job duties. To evaluate your job application or resume for an open position. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Chavez Supermarket’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Chavez Supermarket is among the assets transferred. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. As described to you when collecting your Personal Information or as otherwise set forth in the CPRA. |
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). |
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules and student identification codes. |
To fulfill or meet the reason you provided the information. To evaluate your job application or resume for an open position. To help maintain the safety, security, and integrity of our company, personnel, services, databases and other technology assets, data and business. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Chavez Supermarket’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Chavez Supermarket is among the assets transferred. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. As described to you when collecting your Personal Information or as otherwise set forth in the CPRA. |
K. Inferences drawn from other Personal Information. |
Profile reflecting a person’s preferences, characteristics, predispositions, behavior, attitudes, abilities, and aptitudes. |
To evaluate your job application or resume for an open position. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Chavez Supermarket’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Chavez Supermarket is among the assets transferred. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. To ensure your dietary requirements are met and allergies and similar restrictions are addressed, at events and venues. As described to you when collecting your Personal Information or as otherwise set forth in the CPRA. |
Additional Information |
Languages spoken and language skills, education history, preferred positions, work availability. |
To evaluate your job application or resume for an open position. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Chavez Supermarket’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Chavez Supermarket is among the assets transferred. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. |
Chavez Supermarket will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
In particular, within the last twelve (12) months, Chavez Supermarket may have collected the following categories of Sensitive Information from Consumers for the following business purposes:
Sensitive Personal Information Category |
Business Purpose |
|---|---|
Government identifiers (social security, driver's license, state identification card, or passport number) |
To administer payroll, provide tax filings and forms, enroll and administer health and welfare benefits, conduct employment eligibility verification and enroll and administer retirement plans. |
Racial or ethnic origin |
For EEO-1 reporting purposes of voluntary self-identification form at new hire orientation. |
Mail, email, or text messages contents not directed to us |
All emails sent to and from the company’s email domain are stored and archived. |
Health information |
Covid test results, job duty restrictions, medical notes, and any medical information you may provide to us. |
Personal Information does not include:
• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Certain information already covered by other laws and regulations.
Chavez Supermarket obtains the categories of Personal Information listed above directly, indirectly and from third parties:
• Directly from you - for example, when you submit a job application or your resume to Chavez Supermarket or when you sign up for benefits and payroll.
• Indirectly - for example, the information available on our internal network including by the use of cookies.
• From third parties- for example, recruiters who submit your information to us for an employment position that may interest you or publicly available job-related social media platforms, job-posting forums, and/or background check companies.
Disclosure
Chavez Supermarket may disclose information to authorized service providers who assist us with employment matters, such as payroll, recruiting and benefits. Unless you object, we may provide your address to other Chavez Supermarket employees on their request if they wish to send you a card or similar item.
In addition to the services providers above, any information we collect, including Personal Information, may be disclosed to certain third parties, for example, as part of any actual or potential merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of insolvency, bankruptcy or receivership in which Personal Information could be transferred to third parties as one of our business assets.
We may also disclose Personal Information about you to any competent law enforcement body, regulatory, government agency, court or other third party if we believe that doing so is legally required or is necessary to protect our property or other legal rights (including but not limited to enforcement of our agreements or the rights of others).
We do not sell the Personal Information we collect or share it with third parties for cross-context behavioral advertising. Thus, we do not provide the ability to opt-out of such sales or sharing.
Retention
Your Personal Information is processed for the period necessary to fulfill the purposes for which it is collected, to comply with legal and regulatory obligations and for the duration of any period necessary to establish, exercise or defend any legal rights.
In order to determine the most appropriate retention periods for your Personal Information, we consider the amount, nature and sensitivity of your Personal Information, the reasons for which we collect and process your Personal Information, best practices, and applicable legal requirements. Retention periods are also based on legal requirements that specifically apply to the legal services industry and our records retention policies. In general, we will retain Personal Information for seven (7) years from termination of your employment or relationship with us in order to comply with our legal obligations. When we have no ongoing legitimate business need or specific obligation to process your Personal Information, we will either delete or anonymize it (see below) or, if this is not possible (for example, because your Personal Information has been stored in backup archives), we will securely store your Personal Information and isolate it from any further processing. Some exceptions from static retention periods may occur. For instance, we cannot delete Personal Information when there are legal obligations to retain it (e.g., arising from tax or commercial law, or our obligations as legal advisors). Additionally, we cannot delete Personal Information when it is needed for the establishment, exercise or defense of legal claims (“litigation hold”). In this case, the Personal Information can be retained as long as needed for exercising respective potential legal claims.
In some instances, we may choose to anonymize your Personal Information instead of deleting it, for statistical use, for instance. When we choose to anonymize, we implement measures so there is no way that the Personal Information can be linked back to you or any specific individual.
Your Rights
If you are a California resident, you may have certain rights. California law may permit you to request that we:
- Provide you the categories of Personal Information we have collected or disclosed about you in the last twelve months; the categories of sources of such information; the business or commercial purpose for collecting or selling your Personal Information; and the categories of third parties with whom we shared Personal Information.
- Provide access to and/or a copy of certain information we hold about you.
- Delete certain information we have about you.
- Right to correct inaccurate Personal Information.
- Right to limit the use and disclosure of Sensitive Personal Information. However, we do not use Sensitive Personal Information outside of a Business Purpose. As such, we are not obligated to fulfill a request to limit our use and disclosure of Sensitive Personal Information.
You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable Consumer request related to your Personal Information. You will be required to verify your identity before we fulfill any request. To designate an authorized agent to make a request on your behalf, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.
Certain information may be exempt from such requests under applicable law. For instance, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) for certain reasons as permitted and set forth in the CPRA, such as to continue to administer our personnel relationship with you.
If you would like to exercise any of these rights, please submit a request by contacting us.
We endeavor to respond to a verifiable Consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing.
Any disclosures we provide will only cover the 12-month period preceding our receipt of the verifiable Consumer’s request. If applicable, the response we provide will also explain the reasons we cannot comply with a request. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable Consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Contact Information
If you have any questions or comments about this notice, the ways in which Chavez Supermarket collects and uses your information in the employment context (and in our website’s Privacy Notice for all other information), or your choices and rights regarding such use, please do not hesitate to contact us at:
Phone: 650.367.9746
Email: regulations@chavezsuper.com
Postal Address: 817 Arguello Street, Redwood City, CA 94063
Date last updated: January 1, 2023
