Terms of Use and Privacy Policy

Terms of Use and Privacy Policy
International Privacy Policy

Introduction - www.trinet.com www.hrpassport.com

TriNet delivers HR outsourcing services that allow companies to do what they do best. Thousands of employers have turned to TriNet for human resources, benefits, payroll, workers' compensation and strategic human capital services. As their trusted HR advisor, TriNet helps these employers contain HR costs, minimize employer-related risk and relieve the administrative burden of HR. In order for TriNet to provide this vast array of services to its customers and their worksite employees, TriNet must collect certain personal information regarding the employees of its customers.

Protecting the privacy of users of TriNet products and services is important to TriNet. TriNet makes use of any personal information you provide to TriNet only for the purposes outlined in this policy. To the extent TriNet's International Privacy Policy ("International Policy") is applicable and there is any conflict between the terms of this policy and the International Policy, the terms of the International Policy will govern.

This policy does not apply to any information that you may provide directly to third parties including via third-party sites linked to the TriNet.com website or its service website—HR Passport®. While TriNet actively seeks to ensure that its suppliers and service providers maintain high standards regarding the protection of personal information collected on their websites, TriNet is not responsible for the privacy practices employed by such sites.

Information We Collect

The TriNet.com website collects contact and other identifying information. We, TriNet, will never sell, rent, lend or trade this information in our possession to any other company for the purpose of contacting you regarding commercial services. If you are a TriNet customer or worksite employee of a customer, we collect the information necessary to provide our services; collecting it either from you directly or from your worksite employer. By voluntarily providing information, you consent to the collection, use and disclosure of your personally identifiable information in accordance with this Privacy Policy and, if applicable, the International Policy.

Usage Tracking and Cookies

We track user traffic patterns throughout all of our sites, but this tracking is never associated with non-registered individual users. We compile aggregate data mainly by tallying page views throughout our sites. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you go to next (whether this URL is on our site or not), and what browser and computing platform you are using.

In addition, we use cookies on certain pages of our sites. We may also offer certain features that are only available through the use of a cookie. Cookies enable you to enter your password less frequently during a session. Cookies can also help us provide you information that is targeted to your interests. Cookies are stored on your hard drive, not on our sites. Most cookies are "session cookies," meaning they are automatically deleted at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our sites, and you may be required to reenter your password more frequently during a session.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on our sites, we may collect and store such information in a file specific to you. If you submit questions via our sites, we may post your questions on the sites, and reprint them in various articles and customer communications. We will never include the name, contact or other identifiable information of people who submit questions, regardless of which channel we use to distribute content.

Use of Information

We use personally identifiable information about you to improve our marketing and promotional efforts, statistically analyze site usage, improve our content product offerings, customize our sites' content, layout and services and provide our services (if applicable).

We may use your email address, mailing address, and phone number to respond to your inquiries and, to the extent permitted by applicable law, to contact you regarding administrative notices, new product offerings and communications relevant to your use of our sites. In some cases, we may use your personally identifiable information to inform you of new services, promotions and other matters targeted to your interests.

We use information in the file we maintain specific to you, and other information we obtain from your current and past activities on our sites, to resolve disputes and troubleshoot problems. At times, we may look across multiple users to identify problems or resolve disputes and we may evaluate information about you to look for users using multiple User IDs or aliases.

Customers and Worksite Employees of TriNet

If you are a customer (also referred to as a worksite employer) or worksite employee serviced by TriNet, we may collect and maintain personally identifiable information including, but not limited to, name, address, phone number, social security number, taxpayer identification number, age, marital status, occupation, salary, benefits, dependent information, etc. through HR Passport® or other means disclosed to you. This information will be used to provide our professional employer and other HR-related services which may include sharing such information with your worksite employer to the extent permitted by applicable law.

Disclosure of Information

Unfortunately, due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this policy. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. Therefore, although we employ industry-standard practices to protect your privacy, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private.

As a general proposition, we do not sell, rent, lend or trade any personally identifiable information about you to any third party. The following paragraphs describe some of the ways that personally identifiable information about you may be disclosed to third parties.

Legal Requests

We cooperate with law enforcement and other third parties to enforce laws, intellectual property rights and other rights. Therefore, local, state, federal, territorial, provincial and international law enforcement can request and may receive your personally identifiable information. By your use of the TriNet.com website, HR Passport® or TriNet's services (as applicable), you hereby accept these terms and you authorize us to disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements or other activity that is illegal or may expose us to legal liability.

Business Transactions

We reserve the right to transfer personally identifiable information as part of a sale or transfer of all or a relevant portion of our business or assets. Any such sale would be subject to appropriate privacy protections for you.

Suppliers and Other Service Providers

We may use third-party suppliers and service providers to facilitate provision of our professional employer and HR-related services. For example, we may outsource the operations of one or more aspects of our sites to a supplier or service provider who performs services according to our requirements. In all cases, we restrict how these suppliers and other service providers may access, use and disclose information received from our sites. We do not permit these suppliers and other service providers to access information about you, other than that information necessary for them to complete the services for which they are contracted. Under no circumstances do we allow them to disclose, sell, rent, lend, trade or in any other way transmit data about you to third parties and we use contractual means to require them to provide appropriate protection for your personally identifiable information and to use it only for the services for which they are contracted.

Control of Your HR Passport Login Password—for Customers and Worksite Employees Only

Except as specifically permitted by this section, you may not disclose your password to access HR Passport to any third party or share it with any third party. If you lose control of your password, you may lose substantial control over personally identifiable information about you and may be subject to the consequences of actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password and notify us that you believe your password has been compromised. You may, however, disclose your password to certain third parties with whom we have entered into specific contractual and technical arrangements designed to safeguard your password ("Authorized Password Users"), in order to enjoy the benefits of those third parties' services in relation to our services.

Reviewing and Changing Your Personally Identifiable Information—for Customers and Worksite Employees Only

Once you receive a username and password to log in, you can review and change the information you submitted during registration. You must promptly update your registration information if it changes. We will retain in our files information you have requested be removed in some circumstances, such as to resolve disputes, troubleshoot problems and enforce any applicable agreements. Further, such prior information is never completely removed from our databases due to technical constraints and the fact that we back up our systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests.

TriNet Benefit Plans Disclaimer

TriNet is not an insurance company and nothing contained herein constitutes an offer to sell, buy, or procure insurance. We are the single employer sponsor of all our benefit plans. We make these plans available to qualifying worksite employees with whom we have established an employment relationship and who perform services for our customers in a Professional Employer Organization ("PEO") service model. Under this model, we incur all expenses associated with our plan sponsorship and maintenance and we bill the customer for our services.

Other than compliance with TriNet’s contract terms, customers have no other financial obligation to us, our other customers, worksite employees or any of our insurance carriers for benefit plans sponsorship or provision. Our carriers have recourse against TriNet and not against our customers for premiums and expenses associated with plan sponsorship.

Any references to "your benefit programs or plans" are not legal terms or terms of art and should not be confused with legal plan sponsorship, participation or fiduciary compliance. These terms and others, such as "your employees" or "your selections, plan, or investments," are used solely as lay terms of convenience so that you understand we are referring only to the decisions made and TriNet plans available in a specific worksite or to a specific group of worksite employees.

Insurance coverage exclusions and limitations apply. In the event there is a conflict between any of the information contained in any benefits guidance materials we provide (including but not limited to information contained in any TriNet website, the Benefits Confirmation Statement, any written or electronic pamphlets, letters, emails, text messages and statements made by TriNet employees) and TriNet's Plan document, the Plan document will control. Also, if there is a conflict between an official certificate provided by our insurance carrier(s) (the "Carrier Certificate") and either TriNet's Plan document, any TriNet Summary Plan Description, statements made by a TriNet employee or any other benefits guidance materials provided by TriNet (including but not limited to those described above), the Carrier Certificate will control.

Retention of Information

We retain personally identifiable information that we collect only so long as reasonably necessary to fulfill the purposes for which it was collected and to meet legal requirements. In certain cases, information is required to be retained indefinitely. We have a Business Record Retention Policy and an E-mail Retention Policy which provide for the destruction of personally identifiable information after it is no longer needed for the purposes for which it was collected and legal requirements have been met.

Security

We use industry standard methods, such as firewalls and Secure Socket Layers (SSL), to safeguard the confidentiality of personally identifiable information about you. Using SSL means that data such as names and passwords cannot be easily deciphered by outside users. However, "perfect security" does not exist on the Internet.

Changes in this Privacy Policy

We reserve the right to change this policy at any time without prior notice to users of this site. This Privacy Policy was last updated on March 15, 2013. Please check here regularly to learn of any changes to this policy.

Legal Disclaimer

The TriNet.com and HR Passport® websites contain a great deal of content regarding legal and human resource matters. The content has been prepared for educational and information purposes only and does not provide legal advice or legal opinions on any specific matters. Transmission of information over the Internet is not intended to create, and receipt does not constitute, a lawyer-client relationship between TriNet, the author(s), or the publishers and you. You should not act or refrain from acting on any legal matter based on TriNet.com or HR Passport® content without seeking professional counsel.

Copyright Notification

Trademark Information

The TriNet logo and design, Ambitions Realized®, and HR Passport® are registered trademarks of TriNet. All other trademarks, trade names, service marks and logos appearing on this website belong to their respective companies.

Website Administrator

Send comments to Website Administrator

International Privacy Policy - www.trinet.com www.hrpassport.com

This Privacy Policy applies only to Personal Information transferred to TriNet HR Corporation (together with its affiliates, subsidiaries and parent corporations, "TriNet") from locations in the European Union ("EU"), Switzerland, Canada and other locations outside of the United States. All other personal information transferred to TriNet is subject to TriNet's "Terms of Use and Privacy Policy" posted on www.trinet.com and www.hrpassport.com.

Introduction

TriNet delivers HR outsourcing services that allow companies to do what they do best. Thousands of employers have turned to TriNet for human resources, benefits, payroll, workers' compensation and strategic human capital services. As their trusted HR advisor, TriNet helps these employers contain HR costs, minimize employer-related risk and relieve the administrative burden of HR. TriNet's suite of HR outsourcing services includes coordination of services to its customers’ locations and worksite employees outside of the United States. In order for TriNet to provide this vast array of services, TriNet must collect certain personal information regarding the worksite employees of its customers.

Protecting customer and employee privacy is important to TriNet. TriNet adheres to the Safe Harbor Agreements concerning the transfer of personal data from locations in the European Union (EU) and Switzerland to the United States and adheres to Canada’s Personal Information Protection and Electronic Documents Act ("PIPEDA") concerning the transfer of data from locations in Canada to the United States. Accordingly, TriNet follows the Safe Harbor Principles published by the U.S. Department of Commerce (the Principles) with respect to all data received from outside of the United States. If there is any conflict between this Privacy Policy and the Principles, the Principles will govern. This Privacy Policy outlines TriNet’s general policy of practices for implementing the Principles, including the types of information TriNet gathers, how TriNet uses it and the notice and choice affected individuals have regarding TriNet’s use of and their ability to correct that information.

This Privacy Policy applies to all Personal Information received by TriNet from outside of the United States whether in electronic, paper or verbal format. All such information is transmitted to the United States and is maintained in San Leandro, California; Reno, Nevada; and Bradenton, Florida, which may have privacy and data protection laws that differ from that in the country in which an employee resides. As a result, Personal Information may be subject to access requests from U.S. government agencies, courts and law enforcement officials in accordance with U.S. laws.

Definition of Personal Information

"Personal Information" or "Information" means information that 1) is transferred from outside of the United States to TriNet; 2) is recorded in any form; 3) is about or pertains to a specific individual; and 4) can be linked to that individual. Accordingly, this policy applies to you if information linked to you is transferred to TriNet in any recorded form from outside the United States.

Safe Harbor Principles

Notice: We, TriNet, will inform you of the purpose for which we collect and use the Personal Information and the types of non-agent third parties to which we disclose or may disclose that Personal Information. We will provide you with the choice and means to limit our use and disclosure of your Personal Information for a purpose other than that for which it was originally collected.

Personal Information includes, but is not limited to: name, employer, title, position held, length of employment, documents that verify employment, work address, work phone number, home address, home phone number, country of domicile, copy of government identity card, copy of passport, date of birth, gender, marital status, family status, compensation, salary information, tax information, names and birthdates of dependents and bank information. This Personal Information is transmitted to payroll and benefit providers and other vendors that participate in providing customers’ payroll, benefits and other related services.

Choice: We will offer you the opportunity to choose (opt out) whether your Personal Information is 1) to be disclosed to a third party (other than a vendor we have contracted with in connection with providing payroll, benefits and other related services) or 2) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by you. We will obtain express consent when required by applicable law.

Onward Transfers: Prior to disclosing Personal Information to a third party (other than the service providers referred to above), we will notify you of such disclosure and allow you a choice (opt out) regarding such disclosure. We will ensure that any third party to which Personal Information may be disclosed subscribes to the Principles or is subject to law providing the same level of privacy protection as is required by the Principles or agrees in writing to provide an adequate level of privacy protection.

Data Security: We will take reasonable steps, proportionate to the sensitivity of the Personal Information, to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration or destruction. We have put in place appropriate physical, electronic and managerial procedures to safeguard and secure Personal Information from loss, misuse, unauthorized access or disclosure, alteration or destruction. However, we cannot guarantee the security of Information on, or transmitted via, the Internet.

Data Integrity: We will only process and use Personal Information in a way that is compatible with and relevant for the purposes for which it was collected or authorized by you, including the purposes to provide payroll, benefits and related services. To the extent necessary for those purposes, we will take reasonable precautions to ensure that Personal Information is as accurate, complete, current and reliable as necessary for its intended use.

Access: We will allow you access to your Personal Information and allow you to correct, amend or delete inaccurate information, except, to the extent permitted by applicable law, where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question or where the rights of persons other than you would be violated. If access to Personal Information is denied, we will provide you with the reason for such denial.

Enforcement: We use a self-assessment approach to assure compliance with this Privacy Policy and periodically verify that the policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible and in conformity with the Principles. We encourage interested persons to raise any concerns using the contact information provided and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of Personal Information in accordance with the Principles and this Privacy Policy.

Amendments

This Privacy Policy was last updated on March 15, 2013 and may be amended from time to time by the posting of a revised policy on this website.

Privacy Complaints by Residents Outside of the United States

In compliance with the Safe Harbor Principles, we commit to resolve complaints about your privacy and our collection or use of your Personal Information. If you have any inquiries or complaints regarding this Privacy Policy, you should first contact us at:

TriNet
1100 San Leandro Boulevard
Suite 400
San Leandro, CA 94577, USA
Attention: General Counsel
legal@trinet.com

If you are an EU or Swiss resident and have a complaint or dispute that is not resolved through our internal processes, we agree to dispute resolution using the Better Business Bureau ("BBB") EU Safe Harbor Dispute Resolution Program. This independent dispute resolution mechanism is operated by the Council of Better Business Bureaus. If you are an EU or Swiss resident and do not receive timely acknowledgment of your complaint, or if we do not address the complaint to your satisfaction, you may contact the Council of Better Business Bureaus via www.bbb.org/us/safe-harbor-complaints.

If you are a Canadian resident and are not able to resolve your concern by contacting us, you may contact your provincial Privacy Commissioner or the Privacy Commissioner of Canada via www.priv.gc.ca/cu-cn/index_e.asp.