Privacy Notice for California Staff Members

Purpose

This Privacy Notice for California Staff Members (the “Notice”) is provided to describe how and why Pernod Ricard USA, LLC (“PRUSA”) and its affiliates and subsidiaries (“Pernod Ricard”, “Company”, “we”, “us”, “our”), including Pernod Ricard Winemakers Napa LLC and Pernod Ricard Kenwood Holding LLC, collect, store, disclose and otherwise process personal information related to employees, interns and External Staff who reside in California and work for or with Pernod Ricard in the United States (collectively, “California Staff” or “you” or “your”).   As used herein:  “Personal information” is any information that relates to an identified or identifiable individual.  “External Staff” are workers who are not employed by Pernod Ricard and may include contingent workers such as independent contractors and temporary agency workers. The term "California Staff" is used for convenience and does not demonstrate or establish any particular employee, contractor or other work relationship with us.

This Notice applies only to California Staff and is provided pursuant to the California Consumer Privacy Act (“CCPA”).   If you are not a California resident, this Notice does not apply to you.  If you are a candidate for a position at Pernod Ricard in the United States, please refer to our Privacy Notice for United States Candidates, available under the subheading “United States of America”, at https://www.pernod-ricard.com/en/data-protection-information-notice-candidates. 

What personal information do we collect?  

The Company collects the following categories of personal information from or about California Staff in the context of their employment or other work relationship with Pernod Ricard:

1. For employees:
    

• Identifiers and contact details – such as name, signature, employee ID number, home address, telephone (professional and personal), email addresses (professional and personal), emergency contact details.
• Work details - such as job title/position, office location, any employment contract or terms of employment, work schedule, job assignments, performance and disciplinary records, termination information, grievance procedures, and sickness/time-off records.
• Professional and career development information – such as CV or resume, employment history, professional qualifications or certifications, profile information in our recruitment portal/HR system (“HR System”), surveys and assessments completed, and information about skills, trainings, professional interests, and learning and development activities.
• Educational history – such as academic degrees, professional qualifications and certifications.
• Work eligibility status – information about your ability to work in the United States and immigration/visa status.
• Beneficiary information – such as identification and contact data about spouses/partners and beneficiaries, and information relevant to any Pernod Ricard benefits extended to them.
• Financial information – such as bank details, tax information, withholdings, salary, benefits, expenses, and company allowances, and any stock or equity grants.
• IT information – information required to provide access to our HR and IT systems and information collected by / through such systems, such as login information, logs, IP addresses, and information about devices.
• Audio and visual information – such as audio and video recordings from meetings or training sessions and photographs in the Company directory or Company materials (e.g. internal newsletters).

We may also process Sensitive Personal Information relating to you (and your spouse/partner and/or dependents). The CCPA’s definition of “Sensitive Personal Information” includes: personal information that reveals a person’s social security, driver’s license, state ID card, or passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; race or ethnic origin; religious or philosophical beliefs; union membership; contents of mail, email and text messages where we are not the intended recipient; biometric information processed to identify a consumer; personal information concerning health, sex life, or sexual orientation; and citizenship or immigration status.

We may collect, on a voluntary disclosure basis (or mandatory basis, if required by applicable law), certain personal information (including Sensitive Personal Information) for legitimate employment-related purposes, such as: social security, driver’s license, state ID, or passport numbers; date of birth; marital status; and information about your race/ethnicity, gender, disability, or veteran/military status, for equal employment opportunity reporting purposes (in accordance with applicable law).  We may also collect information about your physical or mental condition to provide work-related accommodations, health and insurance benefits to you and your dependents, or to manage absences from work.

2. For External Staff:
    

• Identifiers and contact details – such as name, staff ID number, home address, telephone (professional and personal), email addresses (professional and personal), emergency contact details.
• Work details - such as job title/position, office location, any contract or terms of work with the Company.
• Professional and career development information – such as CV or resume, employment history, professional qualifications or certifications.
• Educational history – such as academic degrees, professional qualifications and certifications.
• Financial information – such as bank details, tax information, withholdings, and compensation.
• IT information – information required to provide access to our HR and IT systems and information collected by / through such systems, such as login information, logs, IP addresses, and information about devices.
• Audio and visual information – such as audio and video recordings from meetings or training sessions and photographs in the Company directory or Company materials (e.g. internal newsletters).
   

How do we collect personal information?

Generally, you will have provided the information we hold about you (and your spouses/partners and beneficiaries), including as submitted by you as part of your profile in our HR System.

However, there may be situations where we collect personal information or Sensitive Personal Information from other sources.  For example, the Company may collect the following personal information:

• Background and other information from recruitment agencies, academic institutions, background checking agencies and other third parties during your recruitment and/or employment/engagement.
• Information on your performance, conduct or other information relevant to formal internal procedures (e.g. disciplinary or whistleblowing procedures), from individuals with whom you work.
• Information on your trainings and career development from external training partners.
• Information about your employee experience at the Company through external survey providers.
• Information about your health, including your fitness to carry out work and/or any accommodations or adjustments to be considered, from a health care provider (as permitted by applicable law).
• Information on accidents or incidents from our insurance brokers, insurers and their appointed agents, where they are involved.
• Information on taxes payable from tax authorities and our appointed payroll agents and tax/financial advisers.
• Information collected through our IT systems and other devices.
• Information about your entitlement to participate in, or receive payments or benefits under, any insurance or pension plan or program provided by the Company, from the relevant benefit provider or its appointed agent.
• Information from publicly available sources (e.g. news sources and/or from social media platforms) in connection with any investigation or formal procedure concerning the same (for instance, for the investigation of an allegation that a staff member has breached our rules on social media use or conduct generally).
   

Why do we process personal information? 

1. Employment or work-related purposes

We may collect and use your personal information for the purpose of employing you or otherwise managing our work relationship with you – for example, your personnel records and contract, if any (to manage our employment or other work relationship with you), your bank account and salary details (to pay you), your equity grants, if any (for stock and benefits plans administration), details of your spouse and dependents (for emergency contact, tax and benefits enrollment and administration purposes), your travel or location details (to help ensure your safety), your expense requests (for processing business expenses and administering Pernod perks).

We may process your personal information through our HR Systems and finance systems, which provides tools that help us to administer HR and finance processes, employee compensation and benefits, and contractor compensation. 

2. For teamwork and internal communications

We maintain systems to facilitate teamwork and internal communications – for example, organizational charts, a directory of Pernod Ricard staff that contains professional details (such as your name, work location, photo, title, contact details, and educational and professional information), our intranet, desk and meeting room reservation systems, shared calendars, and messaging applications. Information in these systems may be available to everyone working in the Pernod Ricard group of companies.

3. Training and development

We may collect and use your information to provide you with training and development opportunities, including courses, coachings, mentorship opportunities, or other forms of career development.

4. Internal recruitment and professional mobility management

To help Pernod Ricard align top-fit talent to open roles, we deploy certain automated tools to perform specific recruiting or talent-sourcing tasks that rely on artificial intelligence (AI) and/or machine learning.  Specifically, our HR system utilizes an AI tool that enables the Company to pre-identify the best profiles within our organization for open roles using a matching process (the “AI Tool”).  The AI Tool will analyze and compare employee profiles against open roles, using pre-determined criteria based on specific job requirements (such as job title, job description, years of experience, education, and skills).   Employee profiles that are pre-identified by the AI Tool will be made available to our recruiters for selection, and if selected by our recruiters, those profiles will be reviewed along with other candidate applications for the open roles.  After recruiter review, you may be contacted and invited to apply for specific open positions.  To opt out of the AI Tool’s matching process, you can do so directly within your employee profile in our HR System, or by contacting us at privacy.prusa@pernod-ricard.com.  Even if you have opted out, you may still apply for any open role via our HR System. 

Some de-identified information provided during the recruitment process may be leveraged as training data for the AI Tool. 

5. Other legitimate business purposes

We may also collect and use personal information when it is necessary for other legitimate business purposes, such as:

• To help us conduct our business and operate more effectively and efficiently – for example, for recruitment management and other general HR administration such as resourcing, reporting or analytics (including employee surveys), IT administration, for business continuity purposes, accounting purposes, or for financial planning.
• To investigate violations of law or breaches of our own internal policies and more generally to protect the rights and interests of Pernod Ricard, our staff, and others.
• To help secure our networks and systems from unauthorized access, scams, malicious code, and phishing risks and other security threats.  For instance, we may monitor and review electronic mail communications in Pernod Ricard issued devices or accounts.  We may monitor and record each website visit, chat session, newsgroup post, e-mail message, and file transfer into and out of our IT systems and networks.  We may monitor our networks and systems at any time, and, to the extent permitted by laws, users of our networks and systems should not expect privacy when using these systems and devices.
• To help secure our sites, offices and premises from unauthorized access and threats to safety and security.  For instance, Pernod Ricard may use video cameras and recording equipment to monitor access to our premises and property.  Any collection and use of biometric information, such as facial recognition or fingerprint IDs, shall be for purposes which it is collected, such as identify verification or security, and in accordance with applicable law, including pursuant to your explicit consent where required.
• To foster an inclusive work culture.
   

6.  Law-related and other purposes

We also may retain and use your personal information where necessary for complying with laws and regulations, including collecting and disclosing personal information as required by law (e.g. for tax, health and safety, anti-discrimination and other employment laws), under judicial authorization, to protect your vital interests (or those of another person), or to exercise or defend the legal rights of Pernod Ricard.

Who are the recipients of personal information?

We may share your personal information with:

1. Members of the Pernod Ricard group of companies, including affiliates and subsidiaries.
    
2. Third Party Service Providers, for example:

• Our benefit/reward plans service providers (including retirement plan and medical insurance providers).
• Service providers who provide us with payroll, tax and expense administration support services.
• Travel and relocation providers.
• Training and staff survey providers.
• Service providers who provide, support and maintain our HR Systems and our IT, security, and communications infrastructure.
• Auditors, advisors, attorneys and other similar professionals in connection with advisory services provided to the Company for legitimate business purposes.
   

3. Other Third Parties, for example:

• Where you have provided consent.
• Governmental authorities, law enforcement, courts, or other third parties if required by applicable law or in response to lawful requests.
• Relevant third parties, in the context of any proposed or actual reorganization, sale, merger, acquisition or other disposition of all or part of the assets of the Company.
   

How long do we keep personal information?

Personal information processed as part of our employment or other work relationship with you is kept as long as the Company has an ongoing legitimate business need to carry out the purposes described in this Notice, or as otherwise required by applicable law.  Generally, this means that your personal information will be kept until the end of your employment or work relationship with us, plus a reasonable time period for us to comply with legal, compliance or regulatory obligations, respond to employment-related inquiries, administer benefits, or deal with any legal matters (including to exercise, establish, or defend any legal claims). 

Additionally, we will also retain your personal information for a reasonable time period to consider you for other suitable openings within Pernod Ricard in the future, including through the AI Tool (unless you opt out, as described above).

Summary of Personal Information Collection, Use and Disclosure

In the past 12 months, in the context of employment or other work relationships, we have collected some or all of the categories of personal information described in the table below, which further describes the business or commercial purpose(s) for which the personal information was collected and the entities to whom such information has been disclosed within the last 12 months.  The personal information described in the table below is collected directly from you, or from the sources described above in “How do we collect personal information?”. 

We never sell (as the term “sell” is defined under the CCPA) personal information of staff, nor do we share it with third parties for the purposes of cross-context behavioral advertising. However, we may use de-identified, anonymized, or aggregated versions of personal information for any purpose. If we do de-identify personal information, we will maintain and use such information in de-identified form and will not to attempt to re-identify the information, except as permitted under the CCPA.

Your California Privacy Rights

1. Right to Know

As a California consumer, you have the right to request that we disclose certain information to you about our collection, use, disclosure, or sale of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, and subject to certain limitations described below, we will disclose such information. You have the right to request any or all of the following:

•   The categories of personal information that we have collected about you.
•   The categories of sources from which the personal information is collected.
•   Our business or commercial purpose for collection, use, or disclosure of that personal information.
•   The categories of third parties with whom we sell or share that personal information.

2.  Right to Data Portability

You have the right to request a copy of the personal information we have collected and maintained about you in the past 12 months. The CCPA allows you to request this information from us up to twice during a 12-month period. We will provide our response in a readily usable (in most cases, electronic) format.

3.  Right to Delete

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. For example, we may deny your deletion request if retention of the personal information is:

•   Necessary to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or to prosecute those responsible for that activity.
•   Reasonably anticipated within the context of your employment or other work relationship with us.
•   For solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
•   Necessary to comply with a legal obligation.
•   Otherwise necessary for internal use in a lawful manner that is compatible with the context in which you provided the personal information.

4. Right to Correct

You have the right to request the correction of any personal information we maintain about you.

5. Right to Limit the Use or Disclosure of Sensitive Personal Information

You have the right to limit the use or disclosure of your sensitive personal information if we are using your sensitive personal information beyond what is reasonable and proportionate within the context of your relationship with us as a job applicant. You can make a request for us to limit the use or disclosure of your sensitive personal information by emailing us at privacy.prusa@pernod-ricard.com.

6. Right to Nondiscrimination

You have the right not to receive discriminatory treatment by us for the exercise of your CCPA privacy rights.

Exercising your California Privacy Rights

To exercise the rights described above, please submit a request to us by contacting us toll-free at +1 (855) 652-0855, by email at privacy.prusa@pernod-ricard.com, or by submitting a form at https://prusaccpa.zendesk.com/hc/en-us/requests/new.

After your request submission, we will take steps to verify your identity to properly respond and/or confirm that it is not a fraudulent request. To verify your identity, we may request, at a minimum, that you provide your name, email address, phone number, address, and relationship to us, so that we can seek to match this information with the information existing in our systems. When providing us with this information, you represent and affirm that all information provided is true and accurate. If we are unable to verify that the consumer submitting the request is the same individual about whom we have collected personal information, we may contact you for more information, or we may not be able to meet your request.

Only you, or an agent legally authorized to act on your behalf, may make a verifiable request related to your personal information. If you are making a request as the authorized agent of a California consumer, we will ask you also submit reliable proof that you have been authorized in writing by the consumer to act on such consumer’s behalf.

We will make every effort to respond to your request within 45 days from when you contacted us. If you have a complex request, the CCPA allows us up to 90 days to respond. We may contact you within 45 days from the date you contacted us to inform you if we need more time to respond.

Updates to this Notice

This Notice may be updated periodically to reflect changes in our privacy practices. In such cases, we will indicate at the top of the Notice when it was most recently updated. 

Contact Details

If you have any questions, comments, or complaints regarding this Notice or our information collection practices, please contact us by writing to:

Pernod Ricard USA, LLC

250 Park Avenue, 17^th Floor

New York, NY 10177

USA

privacy.prusa@pernod-ricard.com

If you have any issues accessing this notice, you may request this notice in an alternative format by contacting privacy.prusa@pernod-ricard.com.