ProPivotal Privacy Statement Press ENTER to read or TAB to skip to the next section

Professional Staffing Group, Inc. d/b/a ProPivotal (ProPivotal) respects the privacy of our customers, applicants, and employees and we acknowledge that you have certain rights related to any personal information we collect from you. ProPivotal supports the various national and local privacy laws and has policies and procedures in place to meet the requirements of those laws.

This Privacy Statement (Statement) reflects our practices for gathering, storing, and using your personal information (sometimes referred to as personal data). When we refer to personal information, we mean any 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. We encourage you to review this Statement so that you may understand and consent to how we collect, use, and share your personal information.

ProPivotal's goal in collecting your personal data is to provide you with the most personalized service possible. By knowing more about you, ProPivotal is able to deliver leading staffing and employment services and, hence, a better service to you. Unless you provide sufficient personal information, we may be unable to assist you with your staffing or employment requirements.

Please note that if your company engages ProPivotal to provide services, your company and ProPivotal will enter into a separate user agreement that will, among other things, govern the use of all of the information and data collected and maintained by us in connection with such services. Any agreement between your company and ProPivotal will take precedence over any conflicting provision in this Statement.

1. Personal Information Collected

1.1 In General

In general, personal information is requested when you contact us to look for employment or to search for a candidate to fill a job opening. We ask applicants for their names, addresses, and other personal information such as work experience, education, and skills. When hiring employees, we may also request personal information that is considered “sensitive,” such as information necessary to provide health benefits. ProPivotal recommends that you do not disclose sensitive personal characteristics (e.g., gender) on the initial resume you submit to us.

The amount of personal information you are required to supply will normally be limited to only that which is necessary to supply our services to you.

1.2 Applicants and Employees

When you apply using our electronic application, sign up for our job-search services or electronic timecard submittal, we will ask you for your name, email address, or other personal information such as work experience, education, and skills.

In order to process payroll for employees of ours, ProPivotal will collect personal data from our employees such as name, hours, address, and other personally identifying information, including a social security number or tax identification number. This data will be used to process payroll either through ProPivotal operations or an agent of ProPivotal. In addition, we may ask for financial account information so we can provide direct deposits, for example. When collecting timekeeping data electronically or manually, ProPivotal will ensure that our collection and processing meets all privacy requirements.

2. With Whom We Share Personal Information

In order to provide our services, personal data you give us may be shared with other ProPivotal operations that are governed by the same privacy principles and security practices.

We will send the personal data of our applicants and client service representatives to ProPivotal customers or agents who are acting on our behalf to provide you an employment opportunity.

For our employees, we occasionally engage other companies to provide services on our behalf, such as payroll processing, health-care benefits, and surveys to determine your feedback and satisfaction with our services. We may share your information with such service providers.

We will only provide these agents and suppliers with the personal information they need to deliver the service we have requested, all subject to contractual provisions to protect personal data consistent with this Statement.

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your personal data and other information may be transferred to a successor or affiliate as part of that transaction along with other assets.

We may disclose your personal data if required to do so by law, such as to comply with a subpoena or other legal process, or in the good faith belief that such action is necessary to: (a) comply with a legal obligation or governmental request, (b) protect and defend the rights or property of ProPivotal, (c) act in urgent circumstances to protect the personal safety of users of our services or the public, or (d) protect against legal liability.

ProPivotal may also collect and report demographic data as required by law and to customers or service providers under appropriate contractual safeguards consistent with this Statement. If we do collect and report this demographic information, we remove any unique personally identifiable information (name, address, etc.) that would attach you to this demographic data. This anonymous information is used and analyzed only at an aggregate level to help us understand trends and more precisely determine how to improve our services.

ProPivotal holds its employees, agents, and suppliers accountable for maintaining the trust our applicants, employees, and customers place in us. We educate our employees and periodically verify our compliance with our privacy and security policies. ProPivotal does not sell or trade personal data to third parties.

3. Security

ProPivotal takes care to secure personal information given to us by our customers, applicants, and employees. We protect this personal information through various security practices and measures in order to prevent loss, misuse, alteration, unauthorized access, destruction, or disclosure.

ProPivotal protects the security of the personal information you provide with reasonable administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of personal data transferred to ProPivotal as described in this Privacy Statement. This information may be stored in manual or electronic systems with limited access in order to protect this information from loss, misuse, unauthorized access, disclosure, alteration, or destruction.

4. Retention of Personal Data

How long we hold your personal data for will vary. The retention period will be determined by the purpose for which we are using your personal data. We will need to keep the data for as long as is necessary for that purpose; and legal obligations may set a minimum period for which we have to keep your personal data. However, in general, we will retain your personal data only as long as we need to for business purposes or to comply with legal requirements.

5. Your Rights

You have a number of legal rights in relation to the personal data that we hold about you. These rights include:

• the right to obtain information regarding the processing of your personal data and access to the personal data which we hold about you;
• where you have actively provided your consent for us to process your personal data, the right to withdraw your consent to our processing of your personal data at any time. Please note, however, that we may still be entitled to process your personal data if we have another legitimate reason (other than consent) for doing so; the right to request that we rectify your personal data if it is inaccurate or incomplete;
• the right to request that we erase your personal data in certain circumstances. Please note that there may be circumstances where you ask us to erase your personal data but we are legally entitled to retain it; the right to object to and the right to request that we restrict our processing of your personal data in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your personal data but we are legally entitled to continue processing your personal data and / or to refuse that request; and
• the right to lodge a complaint with the data protection regulator if you think that any of your rights have been infringed by us. You can exercise your rights by contacting us using the details set out in the “Contacting Us” section below.

6. Choice: Opt Out/Opt In

ProPivotal offers its customers, applicants, and employees choices about receiving further communications from us, uses of information beyond the purposes for which it was provided, and transferring data to third parties. ProPivotal obtains consent for any information deemed sensitive.

The amount of personal information you are required to supply will normally be limited to that which is necessary to supply the services you requested. Each applicable notification tells you how to opt out of receiving future emails. At the point where we request personal data about you, our site also gives you the opportunity to opt out of receiving communications. The database is automatically updated when you opt out.

Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties except as may be required by law.

7. Sensitive Data - Opt In

In providing our services and when hiring employees, ProPivotal may collect the type of data viewed as “sensitive,” such as information required to provide health-care services or process payroll. This collection of data is either compatible with employment law or is vital to the interests of the ProPivotal employee. In order to comply with statutes, rules and regulations pertaining to equal employment opportunities or to assist ProPivotal in compiling data for its affirmative action practices, we may also ask you to provide gender or racial information or other sensitive personal information. The provision of this type of information will be voluntary, unless it is required by law, and will not hinder your employment opportunities. When collecting sensitive information, we will ask you to provide your consent to collect, store, and in some cases, transfer this data to third parties including payroll service companies, health insurance organizations, or government agencies as required by law. ProPivotal takes all reasonable security measures to protect the confidentiality and integrity of sensitive data collected, stored, and used.

8. Cookies and Other Web Technologies

Cookies are small data text files that can be stored on your computer’s hard drive, or on a portable device with a web browser (if your browser permits), in emails we send you and/or on our web pages. We use cookies for the following general purposes:

• To help us recognize your browser as a previous visitor and save and remember any preferences that may have been set while your browser was visiting our site. For example, if you register on our site, we may use cookies to remember your registration information, so you do not need to log into our website each time you visit. We also may record your password in a cookie. Please note that member IDs, passwords, and any other account-related data included in such cookies are encrypted for security purposes.
• To help us, and other third parties we work with, customize the content, experience, and advertisements provided to you on our website and on other third-party websites across the Internet. For example, when you access a web page, a cookie is automatically set by us, our service providers, or our partners to recognize your browser as you navigate on the Internet and to present you with information and advertising based on your apparent interests.
• To help measure and research the effectiveness of features and offerings, advertisements, and email communications (by determining which emails you open and act upon).

The Help portion of the toolbar on most browsers should tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable most types of cookies. Please note that if you refuse to accept cookies, you may not be able to access certain of the features and services provided through our website.

We also may use web beacons (also known as clear gifs, pixel tags or web bugs), which are tiny graphics with a unique identifier, similar in function to cookies, that are placed in the code of a website page. We use web beacons to monitor the traffic patterns of users from one page within our sites to another, to deliver or communicate with cookies, to understand whether you have come to our site from an online advertisement displayed on a third-party website, and to improve site performance. We also may allow our service providers to use Web beacons to help us understand which emails have been opened by recipients and to track the visitor traffic and actions on our site. This helps us measure the effectiveness of our content and other offerings.

9. Storage and Processing of Personal Data

9.1 Visiting our Website from outside the United States

If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central databases are operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that ProPivotal does take steps pursuant to laws in the United States to ensure that your privacy is protected, including, without limitation, by adherence to the Data Privacy Framework, described below. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Statement.

9.2 Transfers from EU, UK, and Switzerland; Data Privacy Framework

We comply with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the US Department of Commerce. We have certified to the U.S. Department of Commerce that we adhere to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. We have certified to the U.S. Department of Commerce that we adhere to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Statement and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

In compliance with the DPF Principles, we commit to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our policy or data privacy actions should first contact us as indicated in the “Contacting Us” section below.

ProPivotal is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) with respect to our use of your data. Under certain conditions, you may have the right to invoke binding arbitration regarding your privacy rights.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, ProPivotal commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of human resources data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF in the context of the employment relationship.

We have further committed to refer unresolved privacy complaints under the EU-U.S. DPF Principles to an independent U.S.-based third-party dispute resolution provider. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://www.jamsadr.com/DPF-Dispute-Resolution.

ProPivotal is liable for the processing of personal information it receives under the DPF Principles and subsequently transfers to a third party acting as an agent on its behalf. We will remain liable under the DPF Principles if our agent processes such personal information in a manner inconsistent with the DPF Principles, unless we prove that we are not responsible for the event giving rise to the damage.

The Data Privacy Framework Principles include (in summary form):

• NOTICE – of how ProPivotal collects and uses personal data,
• CHOICE – of whether and under what conditions personal information may be disclosed to third parties,
• ACCOUNTABILITY FOR ONWARD TRANSFER – taking responsibility for onward transfers of personal information,
• SECURITY – taking reasonable and appropriate measures to avoid loss, misuse, or unauthorized access to, or disclosure of, personal information,
• DATA INTEGRITY AND PURPOSE LIMITATION – processing personal information only for specified purposes,
• ACCESS – providing access and opportunity to correct personal information held by ProPivotal, and
• RECOURSE, ENFORCEMENT AND LIABILITY – maintaining access to independent recourse and enforcement mechanisms for addressing problems.

If you have a question or complaint related to participation by ProPivotal in the Data Privacy Framework, we encourage you to contact us. For any complaints related to the Data Privacy Framework that ProPivotal cannot resolve directly, we have chosen to cooperate with the relevant EU, UK, or Swiss Data Protection Authority, as applicable. As described above, binding arbitration is available to address residual complaints not resolved by other means.

10. Notice for Residents of Virginia, Connecticut, or Colorado

This notice is provided pursuant to applicable state laws and applies to Virginia, Connecticut, and Colorado residents. This notice supplements our Statement with additional disclosures and rights.

If you are a resident of Virginia, Connecticut, or Colorado you may take advantage of the following rights in accordance with applicable law:

• Confirmation/Access. You can request to confirm whether we process your personal information. Subject to certain exceptions, you can also request a copy of your personal information you provided to us.
• Deletion. You can request that we delete personal information we have about you.
• Correction. You can request that we correct inaccurate personal information we maintain about you.
• Opt Out of Sale. You can request to opt out of the sale of your personal information to a third party.
• Opt Out of Targeted Advertising. We may display advertisements to you where the ad was selected based on personal information obtained from (or in some instances inferred) from your activities over time and across unaffiliated websites or online applications to predict your preferences or interests. To the extent required by law, you can request that we stop using your personal information for such targeted advertising by clicking on the “Cookie consent” link that may be in the footer of our websites. Additionally, you can opt out of certain uses of cookies for advertising purposes by visiting www.aboutads.info/choices. Your opt-out of cookie-based tracking for advertising purposes is specific to the device, website, and browser you are using; it is deleted whenever you clear your cookies or your browser’s cache.

To take advantage of any of these rights, please contact us as directed in the “Contacting Us” section below. Note that Connecticut and Colorado residents may designate an authorized agent to request on their behalf that we stop selling or processing their personal information for targeted advertising purposes. In any case, we will take reasonable steps to authenticate your identity prior to responding to your requests. The authentication process will vary depending on the sensitivity of the personal information and whether you have preexisting relationship with us. We will use commercially reasonable efforts to authenticate the identity of authorized agents and their authority to submit requests on your behalf.

We may deny certain requests, or fulfil a request only in part, based on our legal rights and obligations.

11. Additional Notice for California Residents

The following applies to California residents pursuant to the California Consumer Privacy Act of 2018, as amended (CCPA):

• In the preceding 12 months, we may have disclosed the categories of personal information listed in the Section entitled “‎Personal Information Collected ," above, to our service providers for business purposes.
• In the preceding 12 months, we have not sold personal information. We only disclose personal information to service providers and customers under contract with appropriate confidentiality provisions.
• 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. Once we receive and confirm your verifiable consumer request, we will disclose to you, to the extent retained by us:
  • 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 or selling 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 known as a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: (a) sales, identifying the personal information categories that each category of recipient purchased; and (b) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
• You have the right to request that we delete any of your personal information that 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 information is necessary for us or our service providers to:
  • Complete the transaction for which we collected the personal information, provide the 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 the Service to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another user 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 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 user 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.

To exercise your rights described above, please email us as indicated in the “Contacting Us” section, below, with the subject line “CCPA.” Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. 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 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 your identity or authority to make the request.

We endeavor to respond to a verifiable consumer request within 30 days of its receipt. If we require more time, 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.

Any disclosures we provide will only cover the 12-month period preceding the receipt of 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.

12. Information Relating to Children

Our services are not intended for children. By children, we mean: (a) individuals that are 13 years of age or under, or the age of privacy consent in your jurisdiction; or (b) when processing personal information on the basis of a contract, the age of legal capacity to enter into the binding agreement.

If we are made aware that we have collected the personal data of a child (without first receiving verifiable parental consent), we will take steps to delete such information as soon as possible.

13. Links

This website contains links to other ProPivotal sites that adhere to the same privacy principles. For links to non-ProPivotal organizations, ProPivotal is not responsible for the privacy practices or the content of such Web sites.

14. Updates to this Privacy Statement

This Privacy Statement may be updated periodically to reflect changes in our information practices or as may be required by law. If we make significant changes to our Privacy Statement, we may also notify you by other means, such as prominently posting a notice of such changes on our website, providing notice of the change through our online portals, or by directly contacting you. ProPivotal’s use of personal information will always be subject to the then-current version of this Privacy Statement.

15. Contacting Us

If you would like further information on the collection, use, disclosure, transfer or processing of your personal data or the exercise of any of your rights listed above, please address questions, comments and requests to:

Email: privacy@ProPivotal.com, or
Post: ProPivotal, Attn: Privacy | 155 Federal Street, Boston, MA 02110 USA

We are usually able to resolve privacy questions or concerns promptly and effectively. If you are not satisfied with the response you receive from ProPivotal, you may escalate concerns to the applicable privacy regulator in your jurisdiction. Upon request, we will provide you with the contact information for that regulator.

Updated: April 29, 2024