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US EMPLOYMENT AND CONTRACTOR PRIVACY NOTICE
August 21, 2023
Purpose and Scope
Nissan North America, Inc. (“Nissan,” “we,” “us,” or “our”) is committed to respecting the privacy rights of our employees, job applicants and workers employed by an employer with whom Nissan has contracted for services and whose workers perform work on behalf of Nissan (“contract workers”). This privacy statement is intended to provide information to United States-based employees, job applicants, and contract workers about the Personal Information Nissan collects and handles about them in each of their respective roles. This privacy statement only applies to employees, job applicants, and contract workers of Nissan and does not cover workers of other Nissan subsidiaries or affiliates, including our financial services subsidiary, Nissan Motor Acceptance Company LLC. Employees, job applicants, and contract workers who are located in California are also covered by relevant portions of the Nissan Privacy Notice (available at [LINK]). This privacy statement does not cover privacy practices related to Nissan’s customers, prospects, or users of Nissan websites, mobile apps, connected vehicles, social media networks, interactive features and other services (collectively, Nissan “Platforms”). To the extent an employee, job applicant, or contract worker is located in California or is also a customer, prospect, or uses Nissan Platforms, Nissan’s broader Privacy Notice provides information on how to exercise personal data rights and governs the relationship between itself and the same individuals as consumers interacting with the Platforms or as employees, applicants, or contract workers located in California.
Personal Information
This document describes what Personal Information we collect and how we use it. “Personal Information” means any information that identifies, relates to, describes, or is reasonably capable of being associated with, a particular individual. For example, Personal Information includes but is not limited to name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number. For employees and applicants, it also includes vehicle registration, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Personal Information Nissan collects
We may collect and may have collected and/or stored and used the following categories of your Personal Information within the preceding 12 months:
- Identifiers and Government IDs
We may collect your name, alias, phone number, postal address, unique personal identifier, online identifier, internet protocol address, email address, social security number, driver’s license number, vehicle registration, passport number, or other similar identifiers and emergency contacts for your company-provided benefits and personal safety. If you are an employee or job applicant, we also may collect similar information from you about dependents and beneficiaries.
- Characteristics of Protected Classifications
As part of fulfilling and managing your working relationship with us, we may collect, directly from you or, in the case of contract workers, your employer, information about you and your dependents’ or beneficiaries’ sex, age/date of birth, military status, marital status, race/ethnicity, gender, and disability status. If you apply for a job with us and/or are hired, we also may ask you (or, for contract workers, your employer) to provide us information about your citizenship status that likely includes information concerning your national origin. We or your employer also may conduct background checks that reveal criminal history and perform a drug screening or ask employers of contract workers to do so and share the results with us.
- Health Information
As part of administering company-provided benefits for employees, and to assist in providing them on-site health benefits, we may obtain knowledge of their and their dependents’/spouse’s diagnoses, treatments, and other health information. In the course of efforts to protect you, Nissan workers, contract workers, and visitors, from illnesses, we may collect and use limited health information, such as proof of vaccination status and/or infection status.
Depending on your role at Nissan, we may require a Department of Transportation certification that includes health information. Some roles may require a physical exam to confirm ability to perform certain duties.
- Sexual Orientation and Gender Identification
For employees that participate in a health plan, and including others as plan participants, Nissan may receive information about the sex of your spouse, which can indirectly lead to knowledge of sexual orientation. You also voluntarily may offer information of gender identification as part of the job application process. Additionally, as part of our diversity and inclusion programs and activities, you voluntarily may offer information of sexual orientation and/or gender identification.
- Finances
Nissan may conduct background checks that include financial information or ask employers of contract workers to do so and share with Nissan such information, such as information about your credit and loans, bankruptcies and delinquent accounts. Employees and/or their family may also provide certain financial information related to benefits and/or programs. Nissan also requires certain banking information related to wages and other payments to you if you are paid directly for any reason.
- Internet or Other Electronic Network Activity Information
In order to protect our assets and consistent with company policy, we may use technology and manual reviews to identify and take action on online behavior related to your email, document download, and/or internet behavior (including social media). According to our policies and/or in case of an investigation, we may also research your work behavior, internet usage on our network, emails associated with your Nissan email account, or other electronic data related to our investigation. Some customer service representatives may record, through an online interface, their unavailability for calls and reasons for unavailability, which supervisors and managers review. Similarly, some work-related applications, such as instant messaging applications, may display a user’s online or offline status, which colleagues, supervisors and managers may review.
- Geolocation Data
If, as part of your duties as an employee or contract worker, you use a Nissan-sponsored mobile application, operate a connected vehicle, or otherwise utilize Nissan Platforms, the application or Platform may track your location.
- Audio and Visual Information
If you work in or visit a Nissan facility in which we have security cameras in place, we may capture your image and audio on CCTV cameras. Similarly, in the event you present on a recorded meeting via Zoom or other video conferencing software, we might capture audio and video of you as a speaker pursuant to internal policies. We may also capture audio and video of you when you test drive our vehicles or interact with new products, if that is within the scope of your role.
- Professional or Employment-Related Information
When you apply for a job with us, or we consider you for a contract worker position, we may collect your resume or similar information about your background and skills from you or your employer. If you are selected, we may conduct verification checks, or ask your employer to do so, such as reviewing motor vehicle records, employment history, and educational history. If you are hired, or become a contract worker, we may use a portion of the information you shared in the application process to set up our working relationship together or, as applicable, your employment file and give you the ability to apply for other internal positions.
As you continue to work for us or continue as a contract worker, we may collect from you, directly or indirectly through manager or employer’s feedback and internal systems, information about your Nissan job role(s), pay, job progression, job-related credentials, performance, and reporting structure. This may include information on any disciplinary actions or performance improvement plans.
For employees, we collect, directly from you, information needed to manage your company-provided benefits, including leave of absence, health, and payment information. If you participate in voluntary employment programs, like the employee lease program, we may collect information from and about you and/or others associated with the program needed to confirm eligibility, confirm insurance, and manage your participation in the program.
If you work at a Nissan facility or remotely in a role that requires that you handle Personal Information, Nissan may audit or review your adherence to policies that address the privacy and security of data you handle. During these reviews, Nissan may obtain visual confirmation of your work environment and equipment’s compliance.
- Education Information
When you apply for a job with us or we consider you for a contract worker position, we may collect your resume or similar documents from you or your employer that include education information. As you continue to work for us, we may capture from you, directly or indirectly through shared business documents or from the employer of contract workers, information about your professional credentials, which may include your degree(s) and other educational efforts.
As you sign up for and complete voluntary or required training courses, we may have records regarding any courses where you have registered, the completion status of each course, and, in some cases, whether you have successfully passed any related testing.
Sources of Personal Information
We may have collected the above categories and types of Personal Information about you in the following ways:
- Directly from you through our and our vendors’ online systems/websites and/or mobile application(s), vehicles, and/or through paper documents.
- Indirectly, e.g., from data brokers from which we may obtain updated information (for employees).
- Optionally and voluntarily, job applicants or employers of contract workers, or contract workers can provide online information, such as LinkedIn information.
Use of Personal Information
We may use your information, including Personal Information, to:
- Maintain and manage our relationship with you.
- Test our products if that is within the scope of your role.
- Protect our legal and business interests, and fulfill our legal obligations.
- Prevent, detect, and investigate security breaches, physical security issues, and potentially illegal or prohibited activities.
- Anticipate budget, allocate resources and make business decisions.
We may also use statistical information that does not identify you, which we may collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts – in order to determine efficiency or effectiveness of programs, evaluate Nissan worker engagement, conduct resource and business planning, and analyze and plan budgets.
Whether we sell and how we share Personal Information
We do not and have not sold any employee/applicant/contract worker Personal Information in the preceding twelve months. We do not sell the Personal Information of minors under the age of 18.
We do not sell your Personal Information to third parties or mass marketers for their independent use to the extent such information is obtained from you in your capacity as an employee, applicant or contract worker. We may work with service providers or employers who also possess your information in connection with their services, such as sharing Personal Information of employees with a third party in order to provide you benefits (such as health insurance and related medical care). We also may use service providers to help us in our data-related activities. We require these third party service providers to agree to use your Personal Information only at our direction.
Outside of service providers, the category of third parties with which we may routinely share your Personal Information is government entities as required by law, such as taxing authorities.
Please note that Nissan may disclose Personal Information about you in connection with: (a) requests from local, state or federal law enforcement officials; (b) any judicial, administrative or similar proceeding or order, such as a subpoena; (c) a petition in bankruptcy or proceedings in bankruptcy, or if any court assumes jurisdiction of Nissan and its assets pursuant to proceedings under any bankruptcy or reorganization act, or a receiver is appointed of Nissan’s assets or we make an assignment for the benefit of our creditors; (d) if required by law; or (e) to investigate suspected fraud, harassment, physical threats, or other violations of any law, rule or regulation, our rules or policies, or the rights of third parties or to investigate any suspected conduct which we deem improper.
Please also note that we do reserve the right to transfer your Personal Information and other information to our successors in business and purchasers of assets.
Differences between Personal Information processing of employees and applicants vs. contract workers
The following chart shows the differences between how Nissan handles data of employees and job applicants, on one hand, and contract workers on the other. The following chart is not all-inclusive and only shows where there is a difference.
Employees and Applicants | Contract Workers | |
---|---|---|
Types of Information Collected | Vehicle registration, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, other financial information, medical information, health insurance information, sexual orientation and gender identification (if offered voluntarily) | Business contact information, contract employer feedback |
Sources of Personal Information | Data brokers | Contract worker employer |
With whom we share | Provision to third parties to provide employee benefits (e.g., health insurance and medical care) | With contract worker’s employer |
Retention | Information regarding job applicants is retained during the application process and for a reasonable period thereafter. Data retained in the United States and Mexico |
Data retained solely in the United States |
Security and Retention
We are committed to keeping your Personal Information secure. We have technical, administrative, and physical procedures and information security policies in place that are designed to safeguard your Personal Information from loss, misuse, or alteration. Despite the precautionary measures we take to protect your Personal Information, it is important that you understand no measures are guarantees, and Nissan cannot ensure or warrant the security of any information.
We retain your Personal Information for as long as you are an active employee or contract worker and for a reasonable time thereafter in accordance with local, state and federal laws and Nissan’s record retention policy. If you are a job applicant, we retain your Personal Information during the application process and for a reasonable period thereafter to help you apply for additional job opportunities. We also may retain your Personal Information for a longer period as needed to comply with our legal obligations, to resolve disputes, and to enforce our agreements. In all cases, we determine the data retention period for each category of Personal Information based on Nissan’s uses, applicable laws, and internal policies.
Even if we delete some or all of your Personal Information, we may continue to retain and use aggregate, anonymous data previously collected and/or anonymize and aggregate your Personal Information.
Contact us at the email address below for more detail related to your data and Nissan’s data retention policy.
Statement Review and Modifications
We review this Privacy Statement at reasonable intervals to help ensure we remain compliant with the terms set forth herein. We reserve the right, at our discretion, to interpret, enforce, modify, add, or remove portions from this Privacy Statement at any time. However, if at any time in the future we plan to use Personal Information in a way that materially differs from this Statement, we will post such changes here.
Comments and Questions
If you have any questions, comments or concerns about our Privacy Statement, you may contact us at privacy@nissan-usa.com.
United States of America
We maintain your Personal Information primarily in the United States and, for employees, Mexico. Some Personal Information may be shared with companies within the Nissan organization in other countries. From time to time, Nissan may use vendors that access or store some limited Personal Information outside of the United States and Mexico.
EFFECTIVE DATE: This Privacy Statement is effective and was last updated on August 17, 2023