Privacy Notice for California Employees, Independent Contractors, and Applicants for Employment | TABASCO® Brand Skip To Main Content

Privacy Notice for California Employees, Independent Contractors, and Applicants for Employment

This McIlhenny Company (“McIlhenny”) Privacy Notice for California Employees, Independent Contractors, and Applicants for Employment (“California Employee Privacy Notice”) supplements the information contained in our Privacy Rights Notice for consumers, posted elsewhere on this site and is intended to comply with the California Consumer Privacy Act of 2018 (CCPA) as amended by the California Privacy Rights Act (CPRA) (Cal. Civ. Code § 1798.100 – § 1798.199) (collectively, the “California Privacy Laws”).  Any term defined in the California Privacy Laws has the same meaning when used in this notice.  This California Employee Privacy Notice applies solely to California residents who are employees or independent contractors of, or applicants for employment with McIlhenny (“employee/applicant” or “you”).

1. INFORMATION WE COLLECT

We collect information that identifies or that could be linked, directly or indirectly, with a particular employee/applicant or a device that the employee/applicant uses (“personal information”). In particular, within the last twelve (12) months, we have collected personal information falling within the below-listed categories marked “YES”, and we have not collected personal information within the categories marked “NO,” from California residents who are or were employees or independent contractors of, or applicants for employment with, McIlhenny:
Category Examples Collected
  1. Identifiers.
 Real Name YES
Alias YES
Postal Address YES
Online Identifier YES
Internet Protocol (IP) Address YES
Email Address YES
Account Name YES
  1. Personal information categories.
 Name YES
Signature YES
Social Security Number YES
Physical Characteristics or Description YES
Telephone Number YES
Passport Number YES
Driver’s License or State Identification Card Number YES
  1. Protected classification characteristics under California or federal law.
 Age (40 years or older) YES
Race, Color, Ancestry, National Origin YES
Citizenship YES
Religion or Creed NO
Marital Status YES
Medical Condition YES
Sex (including Gender, Gender Identity, Gender Expression, Pregnancy or Childbirth and Related Medical Conditions) YES
Sexual Orientation NO
  1. Commercial information.
 Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. NO
  1. Biometric information.
 Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, e.g., fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
  1. Internet or other similar network activity.
 Browsing history, search history, information regarding an employee/applicant’s interaction with a website, application, or advertisement. YES 
  1. Geolocation data.
 Physical location or movements. NO
  1. Sensory data.
 Audio, electronic, visual, thermal, olfactory, or similar information. NO
  1. Educational, professional or employment-related information.
 Educational history, current / past job history, performance evaluations. YES
  1. Family information
 Spouse, dependent children YES
  Personal information does not include:
  • Publicly available information from government records.
  • De-identified or aggregated employee/applicant information.
  • Information excluded from the California Privacy Laws’ scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

2. SOURCES OF INFORMATION WE COLLECT

For each of the information categories marked “YES” in the table above (categories of information that we have collected), we obtain the personal information in the following ways:
  • Directly from you (for example, from forms you complete on our website or submit to McIlhenny’s Human Resources Department);
  • Indirectly from you (for example, from observing your actions or interactions in job interviews or while working if employed).

3. PURPOSE OF COLLECTING AND USE OF PERSONAL INFORMATION WE COLLECT

Our purposes for collecting personal information, and use and/or sharing of this information, are as follows:
  • To fulfill or meet the reason you provided the information.
  • For example, if you provide your personal information on a job application, we will review and evaluate your information in making a decision whether to offer you employment. We may also save your information for future reference and to satisfy government record-keeping requirements.
  • To administer and maintain employee benefits programs and comply with employment-related reporting requirements under federal and state laws, such as affirmative action and EEO-1.
  • For other reasons as we will relate them to you before we collect your personal information.
We will not collect additional categories of personal information or use the personal information we collected for substantially different purposes, or for unrelated purposes, without first providing you with notice and prior to collecting the information for the different purpose.

4. RETENTION PERIOD

We will retain personal information for no more than five (5) years after the date of collection or, if you are or become employed, no more than five (5) years after your employment terminates.  We will periodically, and at least once per year, delete all collected personal information that exceeds this time limit.

5. SHARING PERSONAL INFORMATION

We have, within the last 12 months, disclosed personal employee/applicant information for a business purpose only to third party administrators of benefits plans (e.g., administrators of healthcare plans, 401k plans, disability insurance providers, etc.) solely for the purpose of administering such plans for McIlhenny employees. When we have disclosed personal information to a third party, we have entered into a written agreement with that recipient third party that describes the business purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the agreement. Each third-party agreement also provides that the recipient is not authorized to resell the information unless you (the employee/applicant) have received explicit notice and an opportunity to opt-out of any such transfers. During the last 12 months, we have disclosed personal employee/applicant information in the aggregate with no personally identifying information (for example, total numbers of employee/applicants by gender and race/ethnicity) to certain governmental agencies to satisfy certain reporting obligations. In the event we must disclose individual personal employee/applicant information with personally identifying information to a governmental agency, we will designate the information as confidential and not subject to disclosure under the Freedom of Information Act and with the understanding that the information will not be used for any purpose other than that authorized by law. The following categories of personal information may have been disclosed to a third party in the last 12 months:
Category Examples Collected
  1. Identifiers.
 Real Name YES
Alias NO
Postal Address YES
Online Identifier NO
Internet Protocol (IP) Address NO
Email Address NO
Account Name NO
  1. Personal information categories.
 Name YES
Signature NO
Social Security Number YES
Physical Characteristics or Description NO
Telephone Number YES
Passport Number NO
Driver’s License or State Identification Card Number YES
  1. Protected classification characteristics under California or federal law.
 Age (40 years or older) YES
Race, Color, Ancestry, National Origin YES
Citizenship YES
Religion or Creed NO
Marital Status YES
Medical Condition YES
Sex (including Gender, Gender Identity, Gender Expression, Pregnancy or Childbirth and Related Medical Conditions) YES
Sexual Orientation NO
  1. Commercial information.
 Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. NO
  1. Biometric information.
 Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, e.g., fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
  1. Internet or other similar network activity.
 Browsing history, search history, information regarding an employee/applicant’s interaction with a website, application, or advertisement. NO 
  1. Geolocation data.
 Physical location or movements. NO
  1. Sensory data.
 Audio, electronic, visual, thermal, olfactory, or similar information. NO
  1. Professional or employment-related information.
 Current / past job history, performance evaluations. NO
  1. Educational, professional or employment-related information.
 Educational history, current / past job history, performance evaluations. NO
  1. Family information
 Spouse, dependent children YES
  Finally, McIlhenny does not use, share, or sell — and has not knowingly used, shared or sold — the personal information of minors under 16 years of age.

6. YOUR RIGHTS AND CHOICES

California residents have specific rights under the California Privacy Laws with regard to your personal information. This section describes your California Privacy Laws’ rights and explains how you may exercise those rights.  Section 7 below provides several means to contact us to exercise any or all of these rights.

A. ACCESS TO SPECIFIC INFORMATION AND DATA PORTABILITY RIGHTS

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. If you make such a request, after we verify your identity, we will disclose to you:
  • The categories of personal information we have collected about you;
  • The categories of sources for the personal information we collected about you;
  • Our business or commercial purpose for collecting or using that personal information;
  • The categories of third parties with whom we share that personal information;
  • The specific pieces of personal information we collected about you (also called a data portability request);
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

B. RIGHT TO OPT OUT OF PROMOTIONAL CONTACTS

You may opt out of receiving promotional emails, mailings, text messages, and other marketing contacts.  If you opt out of receiving marketing-related messages from us, we may still send you administrative messages, such as emails about your accounts or purchases.  

C. RIGHT TO LIMIT USE OF SENSITIVE INFORMATION

You may opt out of allowing us to use your personal sensitive information, as defined in the California Privacy Laws.  

D. RIGHT TO OPT OUT OF THIRD PARTY DATA SHARING

You may opt out of allowing us to share your personal information with third parties as described in Section 5 above.  

E. RIGHT TO CORRECT

You have the right to request and obtain correction of inaccurate personal information about you.  We may choose to delete your personal information rather than correct the personal information.  

F. DELETION REQUEST RIGHTS

You have the right to request that we delete any of your personal information that we collected from you and have kept, subject to certain exceptions. Once we receive your request, and after verifying it, we will delete (and direct our service providers to delete) your personal information from our records, unless a statutory exception applies.  We may deny your deletion request if we (or our service provider) need to retain the information to:
  • Complete the transaction for which we collected the personal information
  • Provide a good or service that you requested
  • Take reasonable actions in connection with our ongoing business relationship with you
  • Perform any agreement we may have with you
  • Detect security incidents
  • Protect against malicious, deceptive, fraudulent, or illegal activity
  • Prosecute those responsible for such activities
  • Debug products to identify and repair errors that impair existing intended functionality
  • Exercise or to permit the exercise of rights provided by law, including the free speech rights
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.)
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent
  • Enable solely internal uses that are reasonably aligned with an employee/applicant’s expectations based on your relationship with us
  • Comply with a legal obligation
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

G. PERSONAL INFORMATION SALES OPT-OUT AND OPT-IN RIGHTS

You have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not collect or sell the personal information of employee/applicants we actually know are less than 16 years of age. Employees/applicants who opt-in to personal information sales may opt-out of future sales at any time.  Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by visiting our website and sending us a message. We will only use personal information provided in an opt-out request to review and comply with the request.

7. EXERCISING YOUR RIGHTS

To exercise the rights described above in Section 6, please submit a verifiable consumer request to us by either:
  • Calling us at 1-800-468-3274, or
  • Visiting https://www.tabasco.com/data-privacy-request (https://www.tabasco.com/data-privacy-request/)
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 may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
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 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 the requestor’s identity or authority to make the request.

RESPONSE TIMING AND FORMAT

We will endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding our receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. 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.

8. ANTI-DISCRIMINATION AND ANTI-RETALIATION

We will not discriminate or retaliate against you for exercising any of your rights under the California Privacy Laws.  Unless permitted by the California Privacy Laws, we will not:
  • Deny you goods or services;
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  • Provide you a different level or quality of goods or services;
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
  • Retaliate against an employee, applicant for employment, or independent contractor, as defined by California Privacy Laws, for exercising their rights under the California Privacy Laws.
However, we may offer you certain financial incentives permitted by the California Privacy Laws that can result in different prices, rates, or quality levels. Any permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. 

9. CHANGES TO OUR PRIVACY NOTICE

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Websites and update the notice’s effective date. Your continued use of our Websites following the posting of changes constitutes your acceptance of such changes.

10. CONTACT INFORMATION

If you have any questions or comments about this notice, the ways in which we collect and use your information described above, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us as follows: