California Privacy Policy
1. Introduction
This California Privacy Policy for California residents (“Privacy Policy”) supplements the information contained in the Privacy Policy of KIN + CO. (“Company”, “we”, “our”, or “us”) and applies solely to visitors, users, and others residing in the State of California when you visit the KIN + CO. website, and all job applicants, candidates, and any other individuals who receive KIN + CO. services and reside in the State of California.
The purpose of this Privacy Policy is to describe how and why we collect your Personal Information (or “Information”), how we process your Personal Information and what we use it for. This Privacy Policy also tells you about your rights and choices with respect to your Personal Information, and how you can contact us in regards to your questions.
We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.
2. Personal Information we may collect from you
For the purposes of this Privacy Policy, “Personal Information” means any information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household, regardless of whether it is held in paper, electronic or any other format.
We collect, maintain, and use different types of Personal Information in the context of our relationship or potential relationship with you in regards to the recruitment and employment services that we provide, as well as in the normal course of our business. The following provides examples of the types of information that we collect from you:
2.1 Categories of Information
Identifiers - Examples: Name, alias, postal address, unique personal identifier, online identifier, date of birth, email address, Social Security number, driver’s license number, passport number, Internet protocol address, or other similar identifiers.
Contact Details - Examples: Name, title, addresses, telephone number, email addresses.
Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) - Examples: Name, signature, Social Security number, physical characteristics or description, address, telephone number, fax number, passport number, driver’s license or state identification card number, education, employment, medical information, bank account number, credit card number, debit card number, or any other financial information, physical illness, mental illness or disabilities. Some personal information included in this category may overlap with other categories.
Protected Classification Characteristics under California or Federal Law - Examples: Age, ethnicity, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medial conditions), race, ancestry, national origin, citizenship, religion or creed, marital status, sexual orientation, veteran or military status, physical illness, mental illness, health or disability (where permitted and in accordance with applicable state and federal law and in certain instances only where you voluntarily provide such information), and genetic information (including familial genetic information).
Non-public Education Information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) - Examples: Education level, school attended, 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 identification codes, or student disciplinary records)
Electronic Communications, Internet and Network Activity - Examples: browsing history, search history, geolocation data, and information on your interaction with the KIN + CO. website, application, advertisements and other digital platforms
Professional or Employment-Related Information - Examples: Name, resume/CV, cover letter, current or past employment history, wage and benefit expectations (including but not limited to salary, bonus, additional compensation, annual leave, retirement savings plans/401K, medical and health benefits, and insurance), right to work documentation (citizenship, work permit, visa), professional and personal references, performance evaluations, criminal background, interview notes, offer letters, work contracts, employment agreements, assessments and surveys.
Interviews and Meetings - Examples: audio, video, text, electronic, or similar information
Investigations - Examples: details of any employment related disciplinary investigations, termination, or performance ratings and evaluations.
Inferences drawn from other Personal Information - Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
2.2 Exceptions to Personal Information
Personal Information, as described throughout this Privacy Policy, does not include:
De-identified or aggregated consumer information.
Publicly available information from government records.
Information excluded from the CCPA’s scope, for example:
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 (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
3. How we use your Personal Information
In addition to the uses described above and throughout this Privacy Policy, we may use or disclose the Personal Information we collect for one or more of the following business purposes:
3.1 Business Purposes
To fulfill or meet the reason for which the information is provided. For example, if you provide KIN + CO. with personal information in order for KIN + CO. to allow you to apply for jobs with our clients, KIN + CO. will use that information to submit it to our clients.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
To provide you with information, products or services that you request from KIN + CO.
To carry out our obligations arising from any contracts entered into between you and KIN + CO.
To provide you with email communication, registrations, and other notices concerning our recruitment services, news or updates in regards to your employment application process.
To improve our services to you.
To improve the KIN + CO. website and present its contents to you.
Conducting background and security screenings, in accordance with applicable law;
Complying with applicable laws and government regulations, including employment-related requirements.
Complying with and responding to legal demands and requests including court orders and law enforcement requests.
Detecting and preventing fraud or crime, and investigating potential misconduct;
Conducting analytics.
Complying with corporate financial responsibilities, including audit requirements (both internal and external), accounting, and cost/budgeting analysis and control;
To evaluate or conduct a merger or acquisition, 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.
Protecting the rights, safety, and property of the Company, our employees, our clients, and/or others
The examples above describe our primary purposes in collecting your information in regards to our recruitment and employment services for our candidates and clients, our obligations under applicable law and regulation, and our general business operations. We 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.
NOTE: This Privacy Notice may be updated to notify you of additional purposes for which we process your personal information.
4. How we collect your Personal Information
We collect information from you through your use of our services and platforms and throughout your employment application and recruitment process. We receive this information through the following sources:
Directly from you. - For example, through information you provide directly to us.
Directly from our clients or their agents - For example, from information that you provide our clients.
Directly and indirectly from activity on the KIN + CO. website - For example, from submissions through the KIN + CO. website portal or KIN + CO. website usage details collected automatically in the course of your interaction with our platform or website.
Indirectly from third parties and other sources - For example, through information KIN + CO. collects from former employers, professional and personal references, business partners, publicly available sources, background check agencies (where permitted), or government agencies (where permitted)
By providing a mobile phone number, you agree to receive text messages from KIN + CO. Text messages will be sent to notify you of a position or keep you updated on recruitment and employment activities relevant to your application process, which may include reminders.
5. Disclosure of your Personal Information
In addition to the specific situations discussed throughout this Privacy Policy, we may disclose your Personal Information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. Examples may include:
5.1 Business Purposes
Recruitment and Employment - We may disclose personal information to our clients in relation to your candidacy and employment application, in order to facilitate your permanent or temporary job placement. Examples of these may include your name and other identification information, education, training, qualification, current and past employment history and certifications.
Legal - We may disclose information to legal or regulatory authorities in connection with any legal process or investigation in accordance with applicable laws and regulations. Examples of these may include court orders, warrants, subpoenas, audits or investigations.
Protection of the Company - We may disclose your information in order to exercise our legal rights, to defend against a legal claim, to investigate or take action regarding possible illegal activity, safety of person (e.g. our employees, candidates and clients) or property, or a violation of our company policies.
Corporate Restructuring or Transactions - We may disclose information to a third party company, in the event of any merger or acquisition, 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.
Service Providers - We may disclose your information to third party service providers, as part of our recruitment and employment services and in the normal course of our business.
Additional Third-Parties - In addition to the other situations described throughout this Privacy Policy, we may disclose your information to other third parties, which may include, but are not limited to, legal advisers (e.g. lawyers, accountants, auditors), professional bodies and regulatory authorities in the normal course of our business.
Other Disclosures with Your Consent - We may ask to disclose your Personal Information, with your consent, to other unaffiliated third parties who are not described elsewhere in this Privacy Policy.
6. Data Security
Although we will do our best to protect your Personal Information, you should be aware that the transmission of information via the internet is not completely secure and we cannot guarantee the security of your Personal Information transmitted to the Website or any third party; for this reason, any transmission is at your own risk. We will use strict operational procedures and adequate, technical and organizational security measures to prevent any unauthorized access, change, deletion or transmission of this Personal Information. You should take all appropriate steps to protect your Personal Information. In the event that we are required by law to inform you of any privacy or security event relating to your Personal Information, we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
7. Data Retention Period
We retain information about you for as long as is needed to fulfill our legitimate business purposes outlined in this Privacy Policy. The specific periods for which we store information about you vary depending on the nature of the Personal Information, why we need it, and whether the Personal Information is de-identified. We consider the minimum necessary retention period prescribed by applicable laws, recommended by industry standards, and stated in contracts and other legal obligations.
8. Your Rights and Choices in Relation to Your Personal Information
The CCPA provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights as detailed below:
8.1 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. You have the right to receive this Personal Information, in a structured, commonly used, and machine-readable format so you can transmit this Personal Information to another entity. Once we received and confirm your verifiable consumer request, we will disclose to you:
The categories of Personal Information we collected about you.
The categories of sources for the Personal Information we collected about you.
Our business or commercial purpose for collecting that Personal Information.
The categories of third parties with whom that Personal Information has been or will be disclosed
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.
8.2 Deletion Request Rights
You have the right to request that we delete any of your Personal Information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request if retaining the Personal Information is necessary for us or our service providers to:
Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise their free speech rights, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 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 consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that Personal Information that are compatible with the context in which you provided it.
8.3 Opt-out of the Sale or Sharing of Personal Information - We do not currently, nor have we in the preceding 12 months, sold or shared (in this context, share means use of your Personal Information for cross-contextual behavioral advertising) your Personal Information in the applicant/employment context. We do not knowingly sell or share the Personal Information of individuals under the age of 16.
8.4 Automated Processing - We do not use any technology that makes a significant decision based solely on automated processing (i.e., without human intervention). In the event we begin to use such technology, you have the right to object to that automated processing unless that decision is required or authorized by law.
8.5 Non-discrimination - We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, 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.
8.6 Restrict Use of Your Sensitive or Protected Personal Information (in certain instances and if permissible under applicable law) - You have the right to request the restriction of processing of your sensitive Personal Information. At the current time, however, we do not use or disclose sensitive Personal Information for purposes other than those described in this Notice and these uses cannot be limited under applicable law.
8.7 Notification of Employment Opportunities - You may elect to provide us with your email address for the purpose of allowing us to send you employment opportunities. You can stop receiving these emails by following the unsubscribe instructions in e-mails that you receive. If you decide not to receive these emails, we may still send you service-related communications.
8.8 Promotional Text Messages - If you receive a text message from us that contains promotional information you can opt-out of receiving future text messages by replying “STOP.”
8.9 Response Timing and Format
If you choose to assert any of these rights under applicable law, we will endeavor to respond to a verifiable consumer request within 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 have an account with us, we will deliver our written response to that account. If You do not have an account with us, we will deliver our written response by mail or electronically, at Your option. Please note that many of the above rights are subject to exceptions and limitations. Your rights and our responses will vary based on the circumstances of the request. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. 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.
A person authorized to act on your behalf may make a verifiable request related to your Personal Information. If you designate an authorized person to submit requests to exercise certain privacy rights on your behalf, we will require verification that you provided the authorized agent permission to make a request on your behalf. 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.
Your verifiable request must:
provide sufficient information that allows us to reasonably verify that you are the person about whom we collected Personal Information or an authorized representative of that person; and
describe the 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.
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.
To exercise your access, data portability, and deletion rights, call us at 213-478-0999, or submit a verifiable consumer request in writing to: hello@kinandco.co.
9. California Information Sharing Disclosure
California Civil Code Sections 1798.115(c), 1798.130(a)(5)(c), 1798.130(c), and 1798.140 indicate that organizations should disclose whether the following categories of Personal Information are collected, transferred for “valuable consideration,” or transferred for an organization’s “business purpose” (as defined under California law). KIN + CO. does not “sell” your Personal Information. The following indicates the categories of Personal Information we collect and transfer in a variety of contexts. NOTE: This list is comprehensive and may refer to types of Personal Information that we collect and share about people other than yourself.
9.1 Categories of Information
Identifiers - Examples: Name, alias, postal address, unique personal identifier, online identifier, date of birth, email address, Social Security number, driver’s license number, passport number, Internet protocol address, or other similar identifiers.
Contact Details - Examples: Name, title, addresses, telephone number, email addresses
Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) - Examples: Name, signature, Social Security number, physical characteristics or description, address, telephone number, fax number, passport number, driver’s license or state identification card number, education, employment, medical information, bank account number, credit card number, debit card number, or any other financial information, physical illness, mental illness or disabilities. Some personal information included in this category may overlap with other categories.
Protected Classification Characteristics under California or Federal Law - Examples: Age, ethnicity, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medial conditions), race, ancestry, national origin, citizenship, religion or creed, marital status, sexual orientation, veteran or military status, physical illness, mental illness, health or disability (where permitted and in accordance with applicable state and federal law and in certain instances only where you voluntarily provide such information), and genetic information (including familial genetic information).
Non-public Education Information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) - Examples: Education level, school attended, 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 identification codes, or student disciplinary records)
Electronic Communications, Internet and Network Activity - Examples: browsing history, search history, geolocation data, and information on your interaction with the KIN + CO. website, application, advertisements and other digital platforms
Professional or Employment-Related Information - Examples: Name, resume/CV, cover letter, current or past employment history, wage and benefit expectations (including but not limited to salary, bonus, additional compensation, annual leave, retirement savings plans/401K, medical and health benefits, and insurance), right to work documentation (citizenship, work permit, visa), professional and personal references, performance evaluations, criminal background, interview notes, offer letters, work contracts, employment agreements, assessments and surveys.
Interviews and Meetings - Examples: audio, video, text, electronic, or similar information
Investigations - Examples: details of any employment related disciplinary investigations, termination date, performance ratings.
Inferences Drawn From Other Personal Information - Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
10. Other Important Information
The following additional information relates to our privacy practices:
Changes To This Privacy Notice. We reserve the right to amend this Privacy Policy at our discretion and at any time. We shall publish any material changes to this Privacy Policy through appropriate notices either on our website www.kinandco.co or contacting you using other communication channels. The date this Privacy Policy was last updated is identified at the bottom of this page. You are responsible for periodically visiting the KIN + CO. website and this Privacy Policy to check for any changes.
Contact Information. If you have any questions about this Privacy Policy, please contact: hello@kinandco.co
Last Revised: December 31, 2022