California Employee and Applicant Privacy Policy

Krispy Krunchy Foods CALIFORNIA Employee and Applicant Privacy Policy

Last Updated: March 12, 2024

This Krispy Krunchy Foods California Employee and Applicant Privacy Policy (“CA Personnel Privacy Policy”) describes the personal information Krispy Krunchy Foods LLC (“Krispy Krunchy Foods,” “we,” “us,” and/or “our”) collects, uses, discloses, transfers, and stores (collectively, “process”) in connection with your employment or other engagement, such as when you access or use our Career Portal, when you otherwise interact with us, such as through our human resources or other support channels.

This CA Personnel Privacy Policy sets forth our privacy practices as required by the California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). The CA Personnel Privacy Policy applies only to individuals residing in the State of California who are considered “Consumers” under the CCPA and from whom we collect “personal information” as described in the CCPA. We provide you this notice because, under the CCPA, California Residents who are our current or former employees, officers, directors, contractors, agents, consultants, agent workers, job applicants, and any other individuals who currently work or previously worked for us qualify as Consumers. Where we refer to employment, engagement, or work, in this CA Personnel Privacy Policy, we do so for convenience only, and this should in no way be interpreted as purporting to confer employment status on non-employees to whom this CA Personnel Privacy Policy also applies. This CA Personnel Privacy Policy does not form part of any contract of employment or engagement, does not confer any employment status or contractual right on any individual, and does not place any contractual obligation on us.

We may change this Policy from time to time. If we make changes to this Policy, we will notify you by revising the date at the top of this Policy. If we make material changes, we may provide you with additional notice, such as by sending you a notification, or adding a statement to the Career Portal and employee intranet.

I. Who Does This Policy Cover?

For Employees: This Policy covers all directors, employees, contractors, consultants (where applicable), and other individuals who currently work or previously have worked for Krispy Krunchy Foods (collectively, “Employee(s),” “you,” or “your”) and any third parties whose information is provided to us in connection with any Employee’s employment or engagement relationship with Krispy Krunchy Foods (e.g., emergency contact information) that reside in California.

For Applicants: This Policy also governs our data practices for job applicants who apply to work with us (“Applicant”) (Applicants and Employees are collectively, “Personnel”)

We do not use or disclose sensitive personal information for the purpose of inferring characteristics about you.
We work with a third-party payment processor that collects and processes payment information, and we do not directly handle your payment card information.
In addition, we may use the personal information we collect or that is collected on our behalf to create de-identified, anonymized, or aggregated information that no longer identifies or relates to a specific person. We use such de-identified, anonymized, or aggregated information in accordance with applicable law.
We may also use the personal information we collect or that is collected on our behalf to comply with legal and financial obligations and/or to carry out any other purpose described to you at the time the information was collected.

II. APPLICABILITY OF OTHER POLICIES

This Policy does not cover our processing of personal information collected from you as a Krispy Krunchy Foods customer or visitor of our websites. To learn more about Krispy Krunchy Foods’s privacy practices in those cases, please see the Krispy Krunchy Foods Privacy Policy.

In some cases, you provide personal information on third parties’ websites that we work with, such as when you voluntarily sign up for certain services or benefits programs provided by third parties to our Employees. By participating in such services or benefits programs, you understand that the personal information you provide to such third parties is not under our control and is not subject to this Policy. Please refer to the privacy policies of such third parties before providing them with your personal information.

III. COLLECTION OF INFORMATION

If you are an Applicant, we collect information in connection with your application to work with us. If you are an Employee, we collect information in order to manage our relationship with you during the course of your employment or engagement with us. We collect:

Identifiers (as permitted by applicable law), including real name, alias, postal address, unique personal identifier, internet protocol address, email address, account name, phone number, social security number, driver’s license number, passport number, known traveler number, frequent flyer number, hotel loyalty rewards information when relevant, date of birth, and other similar identifiers when required to manage our relationships with you;
Eligibility to work information, citizenship, work permit, and visa application information;
Financial information, such as bank account number and any other financial information, including banking and direct deposit forms, salary, tax forms, and expense reimbursement records;
Information related to health insurance and other benefits, which relates to the application for, changes to, and enrollment in employee health and welfare benefits, life insurance, and retirement accounts, details on such benefits such as contribution and deferral levels, the names and other legally required information of beneficiaries, information about your spouse, partner, and dependents, and emergency contact information;
Characteristics of protected classifications under applicable law, such as age, gender, marital status, race, national origin, citizenship, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), information relating to same sex benefits, veteran or military status, medical condition, and physical or mental disability status;
California Customer / Employee Records, such as a name, signature, social security number, address, telephone number, passport number, driver’s license or state identification card number, education, employment, employment history, bank account number, or any other financial information, medical information, or health insurance information;
Professional and employment-related information, performance reviews and disciplinary reports; your applications, resumes, curriculum vitae, files you choose to share with us, cover letters, information provided to us during an interview, shared with us by references, or included in criminal background checks (where applicable), and our assessment of recruitment information; job title, picture, and employee number; employment history, current salary, and other work-related documentation including records, forms, logs, and agreements; and benefits elections;
Education information, including names, degree information, and graduation dates of educational institutions attended;
Commercial information, such as your records of personal property, products or services purchased, obtained or considered, or other purchasing or consuming histories and tendencies;
Internet or electronic network activity information, browsing history, search history, information regarding your interaction with our websites, applications, advertisement, or Career Portal, and other information collected via cookies if you have given your consent, web beacons and similar technologies (e.g., browser information, device information, IP address, the date, time, length of stay, and specific pages accessed during your visits to our careers site);
Geolocation data when you use certain Krispy Krunchy Foods-issued devices, your approximate location inferred from your IP address, or enter certain Krispy Krunchy Foods properties, such as when badging into our distribution centers or other facilities, we may infer your location at a facility; certain company vehicles have GPS tracking through which we may collect precise geolocation; if you enable a mileage tracking app we make available to you, we may collect your precise geolocation in connection with that app; or;
Information from publicly available sources, if relevant, information available from your social media pages, your LinkedIn profile, or personal website;
Health and health-related information (as permitted by applicable law), such as information related to symptoms of, or risk of exposure to, certain illnesses (e.g., contact with others who may be sick or relevant travel history); and
Employee-only social networking platform interactions, including, but not limited to, profile information, content submitted to the platform, and usage activity.

If you are an Applicant, your decision to apply for a position and provide your personal information to us is voluntary. We will tell you if additional information is required to move forward with your application.

Monitoring: We reserve the right to monitor the use of our premises, equipment, devices, computers, network, applications, software, and similar assets and resources. In the event such monitoring occurs, it will possibly result in the collection of personal information about you. Some Krispy Krunchy Foods facilities are equipped with surveillance equipment, such as cameras and CCTV, which may capture your image or information about your movements and which may be used to protect the safety of Krispy Krunchy Foods staff, visitors, and property, to monitor and troubleshoot issues with equipment or technology, or otherwise for any lawful purpose. In addition, any and all telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage by Employee by any electronic device or system, including but not limited to the use of a computer, telephone, wire, radio, or electromagnetic, photoelectronic, or photo-optical systems may be subject to monitoring at any and all times by any lawful means. This is not meant to suggest that all Employees will in fact be monitored, but to alert you that, when using Krispy Krunchy Foods equipment and resources, your privacy will be respected to the extent required by applicable law. In the U.S., employees should not have an expectation of privacy when using Krispy Krunchy Foods equipment or resources. We will ensure that any personal information generated by this monitoring is treated in accordance with this Policy and applicable law.

Sensitive Personal Information: In some cases, we collect sensitive personal information about you, which requires a higher level of protection. Please note that, where permitted by law, we collect, store, and use sensitive personal information about you, as listed in the Collection of Information section above. We collect this information for specific purposes, which are the following: to provide you with services relating to your application or employment with us; to accommodate a disability or illness, comply with legal obligations such as anti-discrimination or diversity regulations (where applicable), protect the health and safety of our employees, and facilitate internal programs relating to diversity, equity, inclusion, and anti-discrimination. Please be assured that we will only use such sensitive personal information for the purposes set out in this Policy, or as otherwise described to you at the time such information is collected, and in accordance with applicable law.

Information About Others

If you provide us with personal information of a reference or any other individual as part of your application, it is your responsibility to inform that individual prior to providing such information to us.

IV. CATEGORIES OF SOURCES OF INFORMATION

Most of the personal information we collect is obtained directly from you, such as from forms or surveys you complete or services we provide you, including when you applied to work for us (such as when you submit a job application or when we conduct a phone or in-person interview), during the onboarding process and benefits enrolment, as part of health or safety screenings, and through participation in voluntary employee programs or platforms. We also collect personal information automatically and/or indirectly, such as when monitoring the use of our premises, equipment, devices, computers, network, applications, software, or similar assets and resources.

We also receive information about you from other sources, from your previous employers, educational institutions, persons who referred you for a position, background checks (where applicable), from other employees (e.g., performance reviews), third-party providers (e.g., benefit providers, third-party staffing and recruiting agencies with whom we contract for services and consumer reporting agencies when we perform employee background screenings), your named references, medical professionals, legal bodies, and publicly available sources such as from your LinkedIn profile and other social media platforms.

When you visit our Careers Portal, we collect certain information automatically. To collect this information, we may use tracking technologies, such as cookies and web beacons, with your consent. A “cookie” is a small text file stored on your hard drive or in device memory that help us improve our websites and your experience. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that we use on our websites and in our emails to help deliver cookies, count visits, and understand usage.

V. USE OF INFORMATION

For Employees: If you are hired, we use your personal information for human resources and other business purposes, including establishing, managing, and terminating employment relationships, and for other business purposes, including managing our business, keeping our systems secure, and complying with specific legal obligations. Such uses are:

To manage our employment and employees, monitoring assignments, evaluating and managing performance, making compensation determinations, training and development of employees, communicating with you, responding to your requests, inquiries, and comments, carrying out disciplinary and grievance investigations, hearings, and appeals, making and recording disciplinary decisions, and considering those decisions in subsequent relevant employment and business decisions;
For personnel planning, assignment and development, including considering your suitability for any of our current or future employment opportunities, succession planning, assigning you to project teams or other internal groups and to conﬁrm your references, character and educational background;
For operational purposes, distributing payroll and company benefits, updating employee files, conducting audits and training, travel and time-keeping, administration of work time and value accounts, monitoring and reimbursing business expenses, providing IT support, facilitating participation in voluntary employee programs and platforms, and managing shifts, working hours, and attendance, emergency contact, grievance and disciplinary procedures, and for business continuity planning;
For benefits administration purposes, administering and maintaining group health insurance benefits and additional wellness programs, retirement plans, life insurance, disability insurance, leave programs, and other Krispy Krunchy Foods-offered benefit programs;
For marketing activities, using Employee photos, billboards, website content, videos, social media posts, research and development of new product and services and other content for internal and external marketing activities, for which we will only use personal information about you with your consent when required (as applicable);
For statistical and analytical purposes to understand and improve worker satisfaction, engagement, and performance;
For strategic business planning and organizational purposes, including planning, controlling, budgeting, benchmarking, and restructuring;
To administer our applications, software, and systems, including to ensure the security of our workforce, guests, property, and assets, and to monitor and audit network traffic and information in such applications, software, and systems;
For legal and regulatory compliance purposes, to implement internal policies, detect, investigate, and respond to suspected fraud, security incidents, or other activity that is illegal or violates our policies, exercise a legal claim, support us in dealing with and solving disputes, cooperate with law enforcement investigations, comply with and enforce our rights pursuant to applicable laws, regulations, legal processes, or governmental requests, comply with compliance screening, legal documentation and document retention obligations (such as record keeping obligations);
To protect the health and safety of Krispy Krunchy Foods, our employees, or of another natural person, during an emergency where the health or security of our employee is in danger, to prevent physical harm or financial loss, as well as for maintaining and protecting our property;
To comply with our legal obligations and internal policies relating to diversity, inclusion, and anti-discrimination;
As necessary and appropriate to provide reasonable accommodations;
As necessary for the performance of a contract (such as for entering into the, execution of and termination of your employment or engagement) or in order to take steps at the request of our Employees prior to entering into a contract (if you do not provide certain information when requested, we may not be able to perform the contract we entered into with you, such as paying you or providing a benefit); and
To enable solely internal uses in a lawful manner that are reasonably aligned with your expectations based on our interactions with you and that are compatible with the context in which the information was provided to us.

For Applicants: When you apply for a position on our Career Portal, we use your personal information to evaluate a potential employment relationship with you and for other business purposes. Such uses include:

To provide, maintain, and improve the Career Portal and personalize your experience;
To manage our hiring and recruiting activities, such as to assess your skills, qualiﬁcations, and suitability for the role;
To communicate with you about the recruitment process, such as to respond to your requests, inquiries, and comments;
To verify your information, such as to complete your reference and/or background checks (where applicable) if we oﬀer you a position or other opportunity with us;
To manage and improve our recruitment and hiring process more generally, and enable other processing for legitimate business interests and internal uses that are reasonably aligned with the expectations of Applicants;
To administer our applications, software, and systems, including to ensure the security of our workforce, guests, property, and assets, and to monitor and audit network traffic and information in such applications, software, and systems;
For legal and regulatory compliance purposes, such as to implement internal policies, detect, investigate, help prevent, and respond to suspected fraud, security incidents, or other activity that is malicious, fraudulent, illegal or violates our policies, exercise a legal claim, cooperate with law enforcement investigations and comply with applicable laws, regulations, legal processes, and governmental requests (as applicable);
To protect the health, safety, and vital interests and rights and property of Krispy Krunchy Foods, Applicants, or of another natural person, such as to prevent physical harm or financial loss (as applicable);
To communicate with you, to send you technical notices, security alerts, support messages, and other transactional or relationship messages;
To monitor and analyze trends, usage, and activities in connection with our Career Portal;
To create de-identify, anonymized, or aggregated information; and
To carry out any other purpose described to you at the time the information was collected.

If we hire you, personal information we collect in connection with your application will become part of your employment record and be used during the onboarding process and for other employment-related purposes.

VI. DISCLOSURES OF INFORMATION

The table below describes the categories of personal information we collect and to whom we disclose such information for a business purpose now and over the past 12 months.

The bulleted list below the table provides further details and examples about the recipients within Krispy Krunchy Foods, service providers, contractors, and other third parties to whom we disclose such personal information.

*Category* *of Personal Information*	*Categories of Recipients*
Identifiers Eligibility to Work Information Financial Information Information related to health insurance and other benefits Characteristics of protected classifications under California or federal law California Customer / Employee Records Employee-only social networking platform interactions Internet or electronic network activity information	Service Providers and Contractors; Governmental Authorities
Commercial information Professional and employment-related information Educational information	Service Providers and Contractors; Professional Advisors

Further Details About Those to Whom We Disclose Personal Information

Within Krispy Krunchy Foods: We communicate your personal information to Krispy Krunchy Foods employees who need to know the information.
Service Providers and Contractors: We communicate personal information to service providers and contractors that need access to such information to perform services on our behalf. For example, we communicate certain information to service providers who assist with the administration of payroll, pension, benefits, employee performance management, training, communication platforms, expense management, IT and security services, and facilitate internal programs relating to diversity, inclusion, and anti-discrimination. We also communicate certain information to service providers who facilitate our Applicant tracking system, travel booking and expenses, relocation support, reporting and analytics, and verification/background checking services, as applicable. We also communicate information about you to third party recruiting agencies.
Professional Advisors: We communicate information about you to our professional advisors, including accountants, auditors, lawyers, insurers, and bankers. We only permit these advisors to process your personal information for specified purposes and, as appropriate, in accordance with our instructions and the provisions of this Policy and applicable law.
Government Authorities, Regulators, and Similar Third Parties: We communicate personal information to courts, government authorities, independent external advisors, and internal compliance and investigation teams if we believe such disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process.
Other Third Parties: In certain limited circumstances, we communicate your personal information to other third parties, including (a) to comply with our obligations, to protect the rights and property of Krispy Krunchy Foods, our customers and the public, to cooperate with law enforcement investigations and to detect and respond to suspected illegal activity and threats to the health or safety of any person or of our systems or services, (b) in connection with, or during negotiations of, any merger, joint venture, sale of company assets, financing, or acquisition of all or a portion of our business, assets or stock by another company (including in connection with any bankruptcy or similar proceedings), and (c) with your consent and at your direction. In certain circumstances and only as necessary in connection with business operations, work contact details may be provided to customers, potential customers, and other third parties, where the disclosure is required by role.

We also communicate aggregated or de-identified information, which cannot reasonably be used to identify you to service providers who assist us with our hiring policies or strategies, employee services, or managing benefits for employees. Krispy Krunchy Foods processes, maintains, and uses this information only in a de-identified fashion and will not attempt to re-identify such information except as permitted by law.

VII. Additional Disclosures for California Personnel

The California Consumer Privacy Act or “CCPA,” as amended by the California Privacy Rights Act (“CPRA”) affords California Personnel certain privacy rights.

1. Your Privacy Rights

You have the right to (1) request to know more about and access your Personal Information, including in a portable format, (2) request deletion of your Personal Information, and (3) request correction of inaccurate Personal Information. To request access, correction, or deletion of your Personal Information, please contact us at privacy@krispykrunchy.com or at 1-888-715-1950. We may verify your request by asking you to provide certain information. Any request to exercise one of these rights will be assessed by Krispy Krunchy Foods on a case-by-case basis. There may be circumstances in which we are not legally required to comply with your request, such as a legal exemption under applicable law.

You can designate an authorized agent to submit a privacy rights request on your behalf. We may ask authorized agents to submit proof of their authority to make a request, such as a valid power of attorney or proof that they have signed permission from the consumer who is the subject of the request. In some cases we may be required to contact the individual who is the subject of the request to verify his or her own identity or confirm the authorized agent has permission to submit the request. If you are an authorized agent seeking to make a request, please contact us at privacy@krispykrunchy.com.

We will not discriminate or retaliate against you for exercising your privacy rights.

2. Other Details About Our Information Practices

We do not “sell” or “share” your Personal Information as those terms are defined under California law. “Sale,” for the purposes of the CCPA, broadly means scenarios in which we have disclosed personal information with partners in exchange for valuable consideration, while “sharing” means we have disclosed information to a third party for cross-context behavioral advertising. We do not knowingly sell or share personal information about Personnel under the age of 16.

VIII. Data Retention

For Employees: If your employment or engagement with us is terminated, we will retain your information for a period of 7 years beyond the end of your employment or engagement with us for the purposes described above, including complying with our legal obligations, resolving disputes, and as necessary for our legitimate interests.

For Applicants: If your application for employment is unsuccessful (or you withdraw from the process or decline our offer), we will retain your information for a reasonable period of time beyond the end of the application process for the purposes described above, including complying with our legal obligations, resolving disputes, and as necessary for our legitimate interests, such as to consider you for other current and future employment opportunities at Krispy Krunchy Foods. If you do not want us to contact you regarding other roles, or if you would like us to delete your personal information, please contact us at privacy@krispykrunchy.com.

If your application for employment is successful, personal information gathered during the recruitment process will be retained during your employment in accordance with our internal personnel privacy policy and data retention policies.

IX. CONTACT US

If you have any questions regarding this CA Personnel Privacy Policy, please contact us at privacy@krispykrunchy.com.