KENDALL LCP & DBRA ASSOCIATION, LLC

PRIVACY POLICY

SCOPE AND APPLICABILITY

This Privacy Policy (the “Policy”) describes how Kendall 2-Sided Targeted Workforce Platform ("Company," "we," or "us"), operating from El Cajon, California, collects, uses, and discloses information obtained through your use of our labor compliance software platform, websites, and mobile applications (collectively, the “Platform”). This Platform is intended for use by individuals located in the United States.

This Policy applies to customers, permitted users, and website visitors. It does not govern the data practices of our customers (e.g., employers) who use our Platform to manage their own data. If you have questions about how one of our customers handles your information, please contact them directly.

By using our Platform, you consent to this Policy. This Policy will be reviewed and updated at least once every twelve (12) months

1. INFORMATION WE COLLECT

We collect information that is reasonably necessary and proportionate to achieve our specified purposes. The categories of Personal Information (PI) we collect, as defined by the California Privacy Rights Act (CPRA), include:

  • Identifiers: Real name, address, email, IP address, usernames, tax ID, and contractor license numbers.
  • Sensitive Personal Information (SPI): Social Security Number, Driver License Number, financial account information, race, gender, union status, and precise geolocation data.
  • Commercial Information: Records of services purchased and billing information.
  • Professional or Employment-Related Information: Employment history, wage and craft information, and union memberships.
  • Internet Activity: Device information, IP address, and browsing history on our Platform.
  • Geolocation Data: Location information derived from your IP address.
  • Inferences: Profiles reflecting your preferences or characteristics, generated from other collected data.

2. PURPOSES FOR COLLECTING AND USING INFORMATION (Purpose Limitation)

We collect and use your PI and SPI strictly for the following business purposes:

  • Service Provision: To fulfill contractual obligations, process payments, and maintain your account.
  • Labor Compliance and Reporting: To facilitate certified payroll processing and auditing compliance with labor standards for public works projects.
  • Security and Integrity: To protect our Platform and your data by detecting security incidents and debugging errors.
  • Communication: To provide customer support and respond to your inquiries.
  • Legal Obligation: To comply with applicable laws, court orders, and governmental requests.
  • Geolocation Data: Location information derived from your IP address.
  • Inferences: Profiles reflecting your preferences or characteristics, generated from other collected data.

We commited to the priniciple of purpose limitation. We will not collect, use, or share your personal information for purposes that are not reasonably necessary and proportionate to these disclosed purposes without consent.

3. DATA SHARING AND VENDOR MANAGEMENT

We may share information with:

  • Customers: We share information with the customer on whose behalf it was collected (e.g., sharing employee payroll data with their employer).
  • Service Providers and Contractors: We engage third parties to perform services on our behalf.
  • Business Transitions: In the event of a merger, acquisition, or sale of assets, your information may be transferred.
  • Legal Compliance: When required by law or to protect safety and legal rights.

Contractual Mandates for Service Providers: We hold our vendors, such as external development partners, to the highest standards of data protection. When we disclose PI or SPI to a Service Provider or Contractor, we execute a written agreement that contractually obligates the vendor to:

  • Prohibit Selling or Sharing: The vendor is strictly prohibited from selling or sharing the personal information.
  • Limit Use: The vendor is prohibited from retaining, using, or disclosing the information for any purpose other than the specific business purpose defined in the contract.
  • Prevent Data Combination: The vendor is prohibited from combining the PI we provide with data from other sources, except as permitted by the CPRA.
  • Enable Audits and Compliance Monitoring: We reserve the right to conduct audits, at least annually, to monitor the vendor’s compliance with their contractual obligations.
  • Remediate Unauthorized Use: The vendor must notify us if it can no longer meet its CPRA obligations, and we have the right to stop and remediate any unauthorized use of personal information.

4. DATA RETENTION POLICY (Storage Limitation)

We retain your Personal Information and SPI only for as long as is reasonably necessary to fulfill the disclosed purposes for which it was collected. In accordance with the CPRA, we are committed to transparency regarding our retention practices:

  • Retention Disclosure: As required by law, we will inform you at or before the point of collection of the length of time we intend to retain each category of personal information.
  • Retention Criteria: If a specific time period is not feasible, we will disclose the criteria used to determine our retention period, such as ongoing business relationships, legal and regulatory obligations (e.g., labor law reporting deadlines), or the need to resolve potential disputes.

5. YOUR CALIFORNIA CONSUMER RIGHTS (CPRA)

As a California resident, you have the following rights regarding your Personal Information:

A. Right to Know and Access:
You have the right to request disclosure of the PI we have collected about you, the sources, the purposes, and the third parties with whom we have shared it over the past 12 months.

B. Right to Request Deletion:
You have the right to request the deletion of your PI, and we will direct our service providers to do the same. This right is subject to certain exceptions, such as when the data is needed to comply with a legal obligation.

C. Right to Request Correction:
You have the right to request the correction of inaccurate personal information we maintain about you. We will use commercially reasonable efforts to correct such information.

D. Verifiable Consumer Requests (VCRs):
You may exercise your rights by submitting a VCR through one of our designated methods. We provide, at a minimum, a toll-free number and an online request form.

  • Toll-Free Phone: [Insert Toll-Free Number]
  • Email Address: [Insert Designated Email Address]
  • Web Form: [Insert Link to Online Request Form]

We will respond to VCRs within 45 days, with a possible 45-day extension upon notice to you. We will not discriminate against you for exercising your CPRA rights.

E. Right to Opt-Out of Sale or Sharing:
You have the right to direct us not to sell or share your Personal Information. We provide a clear and conspicuous link on our homepage titled:

  • “Do Not Sell or Share My Personal Information”

F. Right to Limit Use of Sensitive Personal Information (SPI):
You have the right to direct us to limit the use and disclosure of your SPI to only what is necessary to perform the services you requested. We provide a clear and conspicuous link on our homepage titled:

  • “Limit the Use of My Sensitive Personal Information”

6. CHILDREN'S PRIVACY

Our Platform is not intended for individuals under the age of 16. We do not knowingly collect or sell the PI of minors under 16 years of age without affirmative authorization as required by law.

7. SECURITY

We implement and maintain reasonable security procedures and practices appropriate to the nature of the information we collect to protect it from unauthorized access, destruction, use, modification, or disclosure. Given that our Platform handles highly sensitive data such as SSNs and wage information, we apply a higher standard of security to safeguard this SPI.

8. THIRD-PARTY LINKS

Our Platform may contain links to third-party websites not governed by this Policy. We are not responsible for their privacy practices and encourage you to review their policies.

9. CHANGES TO THIS POLICY

We may update this Policy and will notify you of any material changes as required by law by posting an updated version on our Platform.

10. HOW TO CONTACT US

For any questions or to exercise your rights, please contact us:

KENDALL LCP & DBRA ASSOCIATION, LLC

Kendall 2-Sided Targeted Workforce Platform

Address: 3835 Avocado Blvd Suite 200

La Mesa, CA 91941.

Phone Number: 619-439-2001 x1000

Fax # 619-303-8395