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CCPA Employee and Applicant Privacy Policy and Notice at Collection

Last Updated: March 2024
 
Southwest Gas Corporation (“Southwest Gas,” “Company,” or “we,” “us,” “our”) adopts this California Consumer Protection Act Employee and Applicant Privacy Notice (the “Notice”) to comply with the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act and its implementing regulations (collectively, “CCPA”). Any terms defined in the CCPA have the same meaning when used in this Notice, unless otherwise defined herein.
 
This Notice applies solely to all job applicants, employees, owners, directors, officers, retirees, interns, independent contractors, and other individuals who interact with Southwest Gas in an employment-related capacity who reside in the State of California (collectively referred to in this Notice as “Employee,” or “you,” “your”). Employees with disabilities may access this Notice in an alternative format by contracting HRCompliance@swgas.com .
 
Southwest Gas is committed to protecting the privacy and security of the information we collect and to being transparent about the purposes for which we use your information. This Notice sets forth the Company’s policies and practices for handling the information we collect and use in the employment context.
 
This Privacy Notice does not form any contract of employment for any contractors nor modify the employment terms to any candidates hired by or employees of Southwest Gas.
 
further details about our privacy practices pertaining to non-Employee personal information, please see our Privacy Statement by clicking here and Consumer CCPA Privacy Policy by clicking here

Personal Information We Collect About You

As used in this Notice, “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household.
Personal information does not include:
  • publicly available information or lawfully obtained, truthful information that is a matter of public concern. Publicly available does not mean biometric information collected by a business about an Employee without the Employee’s knowledge.
  • consumer information that is deidentified or aggregate Employee information.
Personal information includes “sensitive personal information” as defined below but does not apply to personal information when the Company already protects it under other laws such as the Gramm-Leach-Bliley Act (GLBA), the California Financial Information Protection Act, the Health Insurance Portability and Accountability Act (HIPAA), the Fair Credit Reporting Act (FCRA), and/or the Driver's License Protection Act.
 
Further, it does not apply to personal information collected with respect to the products and services the Company provides as a service provider, such as insurance products (e.g., Life, Disability, etc.), investment products (e.g., investment funds, retirement, etc.), and financial planning services, or in the context of business-to-business relationships.
 
As used in this Notice, “sensitive personal information” includes personal information that reveals, among other things, social security number, driver’s license number, state identification card number, passport number, racial or ethnic origin, union membership, or the contents of an individual’s mail, email, and text messages, unless Southwest Gas is the intended recipient of the communication.
 
Listed below are the categories of personal information that we may have collected about you in the twelve (12) months prior to the effective date of this Notice:
  • Identifiers and Contact information. Personal identifiers you provide when you apply for a job, supply information for your benefits, or in context of your employment with us, such as your first and last name, your address, your email address, telephone number, date of birth, social security number, driver license number, passport number, and/or other government identification numbers, immigration and work authorization status, signature, and username and/or account name.
  • Protected classification information. This category includes characteristics of protected classifications under California or federal law.
  • Internet or other electronic network activity information. This category includes without limitation:
    • all activity on the Company’s information systems, such as internet browsing history, search history, intranet activity, email communications, social media postings, stored documents and emails, usernames and passwords, and
    • all activity on communications systems including phone calls, call logs, voice mails, text messages, chat logs, app use, mobile browsing and search history, mobile email communications, and other information regarding an Employee’s use of company-issued systems or devices or under the Company’s Bring-Your-Own-Device (BYOD) policy.
  • Geolocation data. This category includes GPS location data from the Company’s information systems.
  • Audio, electronic, visual, thermal, olfactory, or similar information. This category includes, for example, information collected from camera, microphones, and similar devices.
  • Biometric information. This category includes information such as an individual’s physiological, biological, or behavioral characteristics used or is intended to be used singly or in combination with each other or with other identifying data, to establish individual identity. For example, this category might include the use of biometric equipment, devices, or software to record your time worked, to enter or exit facilities or rooms, to access or use equipment, or for other business purposes.
  • Professional and employment-related information. This category includes without limitation:
    • data submitted with employment applications
    • employment history, employment recommendations, etc.
    • background check and criminal history
    • work authorization
    • fitness for duty data and reports
    • performance and disciplinary records
    • salary and bonus data
    • benefit plan enrollment, participation, and claims information
    • leave of absence information including religious and family obligations, physical and mental health data concerning Employee and his/her/their family members.
  • Education information. This category includes education history.
  • Limited medical information. This category includes without limitation:
    • fitness for duty data and reports
    • leave of absence information including family obligations, physical and mental health data concerning Employee and his/her/their family members
  • Sensitive personal information. This category includes sensitive information such as
    • social security, driver’s license, state identification card, or passport number
    • financial account information that allows access to an account, including log-in credentials, financial account numbers, passwords, etc.
    • precise geolocation
    • racial or ethnic origin, religious or philosophical beliefs, or union membership
    • content of mail, email, and text messages unless the Company is the intended recipient of the communication
    • genetic data
    • biometric information for the purpose of uniquely identifying an Employee
    • information concerning health and sex life or sexual orientation.
  • Inferences drawn from the personal information in the categories above. This category includes engaging in human capital analytics, including but not limited to, identifying certain correlations about individuals and success on their jobs, analyzing data to improve retention, and analyzing Employee preferences to inform HR Policies and Procedures.

Purposes For Collecting Your Personal Information, Including Sensitive Personal Information

  • Collecting and processing employment applications, including confirming eligibility for employment, background and related checks, onboarding, and related recruiting efforts.
  • Processing payroll, other forms of compensation, and employee benefit plan and program design and administration including enrollment and claims handling and leave of absence administration.
  • Maintaining physician records and occupational health programs for workers compensation and leave administration.
  • Maintaining personnel records and complying with record retention requirements.
  • Communicating with Employees and/or Employees’ emergency contacts and plan beneficiaries.
  • Complying with applicable state and federal health, labor, employment, benefits, workers compensation, disability, equal employment opportunity, workplace safety, and related laws, guidance, or recommendations.
  • Preventing unauthorized access to, use, or disclosure/removal of the Company’s property, including the Company’s information systems, electronic devices, network, and data.
  • Protecting the legal rights, privacy, safety or property of Company or its Employees, agents, contractors, customers or the public.
  • Protecting against fraud or other illegal activity or for risk management purposes.
  • Ensuring and enhancing Employee productivity and adherence to the Company’s policies, as applicable.
  • Providing training and development opportunities.
  • Investigating complaints, grievances, and suspected violations of Company policy.
  • Designing, implementing, and promoting the Company’s diversity and inclusion programs.
  • Facilitating the efficient and secure use of the Company’s information systems.
  • Ensuring compliance with Company information systems policies and procedures.
  • Improving safety of Employees, customers and the public with regard to use of Company property and equipment.
  • Improving efficiency, logistics, and supply chain management.
  • Improving accuracy of time management systems, attendance, including vacations, sick leave and other absence monitoring.
  • Evaluating an individual’s appropriateness for a particular position at the Company, or promotion to a new position.
  • Responding to and managing any legal claims against the Company and/or its personnel, including civil discovery in litigation.
  • Facilitating other business administrative functions and strategic activities, such as risk management, information technology and communications, financial management and reporting, workforce and succession planning, mergers and acquisition activities; and maintenance of licenses, permits and authorization applicable to Company operations.
We do not sell or share (as those terms are defined under the CCPA) the categories of personal information described in this Notice. We also do not use or disclose your sensitive personal information for purposes that, with limited exceptions, are not necessary to maintain the employment relationship as reasonably expected by an average Employee. The Company may add to the categories of personal information it collects and the purposes it uses personal information. In that case, the Company will inform you.

Our Sources, Disclosures, And Retention of Your Personal Information

Sources from which we collect your personal information We collect personal information directly from you, including personal information about your beneficiaries or dependents. We also collect personal information from public databases, providers of demographic data, publications, professional organizations, educational institutions, social media platforms, service providers and third parties that help us screen and onboard individuals for hiring purposes, and service providers and third parties when they disclose information to us.
 
Processing your sensitive personal information
We, and our service providers, collect and process the sensitive personal information described in this Notice only for:
  • Performing the services or providing the goods reasonably expected by an average Employee who requests those goods or services (including offering benefits to Employees and their beneficiaries);
  • Ensuring security and integrity to the extent the use of your personal information is reasonably necessary and proportionate for these purposes;
  • Performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying Employee information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on our behalf;
  • Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.
 
Categories of entities to whom we may disclose your personal information
  •  Affiliates & Service Providers. We may disclose your personal information to our affiliates and service providers for the purposes described above. Our service providers provide us with applicant selection and related hiring services, benefits and wellness services, website services, as well as other products and services, such as web hosting, compensation analysis, data analysis, drug testing services, driver qualification management, customer service, infrastructure services, technology services, email delivery services, legal services, training services, and other similar services. We grant our service providers access to personal information only to the extent needed for them to perform their functions and require them to protect the confidentiality and security of such information.
  • Third Parties. We may disclose your personal information to third parties as follows:
    • At Your Direction. We may disclose your personal information to any third party with your consent or at your direction.
    • Business Transfers or Assignments. We may disclose your personal information to other entities as reasonably necessary to facilitate a merger, sale, joint venture or collaboration, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
    • Legal and Regulatory. We may disclose your personal information to government authorities, including regulatory agencies and courts, as reasonably necessary for our business operational purposes, to assert and defend legal claims, and otherwise as permitted or required by law.
 
Protection and retention of your personal information: We process your personal information for the period necessary to fulfill the purposes outlined in this Notice and to preserve your personal information in accordance with the provisions of relevant laws and regulations. The personal information you provide to us may be held and stored electronically and/or in hard copy. The Company implements appropriate technical and organizational security measures, to protect against and detect accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access to personal information.
Employees and service providers that have access to your personal information are bound by strict confidentiality obligations and are required to treat your personal Information in accordance with legal requirements. In addition, depending on the information or purpose for collection, only current Southwest Gas employees and service providers who have a “need to know” your personal information will be permitted to access it.
 
The criteria for retention is followed and determined by:
  • The purpose of the personal information collected and the fulfillment of that purpose
  • Mandatory retention periods provided by contractual, legal and regulatory requirements
 
If you are a current Southwest Gas Employee, you can access our Records Retention Schedule to identify the relevant retention period.

California Resident Individual Rights Requests

Under the CCPA, you generally have the following rights with respect to your personal information collected and processed by us, subject to certain limitations and exceptions.
  • Right To Know About Personal Information Collected or Disclosed. In addition to what is described above, you also have the right to request more information regarding the following topics, to the extent applicable:
    • the categories of personal information we have collected about you,
    • the categories of sources from which the personal information is collected,
    • the business or commercial purpose for collecting, selling, or sharing personal information, if applicable,
    • the categories of third parties to whom we disclose personal information, and
    • the specific pieces of personal information we have collected about you.
 
  • Right To Request Deletion of Your Personal Information. You have the right to request that we delete the personal information we collected from you, subject to certain exceptions. Once we receive your request, we will let you know what, if any, personal information we can delete from our records, and we will direct any service providers and contractors with whom we disclosed your personal information to also delete your personal information from their records.
There may be circumstances where we cannot delete your personal information or direct service providers or contractors to do so. Such instances include, but are not limited to, enabling solely internal uses that are reasonably aligned with your expectations based on your relationship with the Company and compatible with the context in which you provided the information or to comply with a legal obligation.
  • Right to Request Correction. You have the right to request that the Company correct any inaccurate personal information we maintain about you, taking into account the nature of that information and purpose for processing it.
 
  • Right to Opt-Out. You have the right to direct us not to sell or share your personal information, as those terms are defined by the CCPA. Southwest Gas does not sell or share personal information belonging to Employees. Further, we do not sell or share the personal information of minors under 16 years of age.
 
  • Right to Limitation Use of Your Sensitive Personal Information. You have the right to limit the use or disclosure of sensitive personal information. However, to the extent Southwest Gas uses or discloses sensitive personal information, such processing is restricted to the permitted business purposes set forth under the CCPA. Therefore, we do not offer to limit the use or disclose of Employee sensitive personal information.
 
  • Right to Non-Discrimination for the Exercise of Your Privacy Rights. We will not discriminate or retaliate against you for exercising any of your rights as described above.
 
To Exercise Your Rights.
To exercise your rights described above, please submit a verifiable consumer request to us by either:
  • Calling us at 702-876-7023 
  • Email us at HRCompliance@swgas.com  
Verification of Requests. We may ask you to provide information that will enable us to verify your identity to comply with your request. In particular, if you authorize an agent to make a request on your behalf, we may require the agent to provide proof of signed permission from you to submit the request, or we may require you to verify your own identity to us or confirm with us that you provided the agent with permission to submit the request. In some instances, we may decline to honor your request if an exception applies under the CCPA. We will respond to your request consistent with applicable law.
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 that 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
Southwest Gas strives to respond to a verifiable Employee request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and the extension period in writing. If you have an email address on file with us, we will deliver our written response to that account. If you do not have an email address on file with us, we will deliver our written response by U.S. mail.
 
The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Right to Know 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.

Southwest Gas does 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.
 
Changes to this Notice. We reserve the right to amend this Notice at our discretion and at any time. When we make material changes to this Notice, we will notify you by posting an updated Notice on our website and listing the effective date of such updates.
 
Questions About This Privacy Notice If you have any questions or comments about this Notice or the ways in which Southwest Gas collects and uses your information, please contact HRCompliance@swgas.com or Human Resources.