Biometric Information Privacy Policy

Biometric Information Privacy Policy

Biometric systems, including but not limited to biometric timeclocks or timeclock attachments, are used by Peak Technical Staffing, USA and Peak Technical Services, LP (together referred to as the “Company”), the Company’s vendors, subvendors, customers, master service providers, and/or licensors of time and attendance software used by any or all of them through which biometric data is collected. Biometric timeclocks are computer-based systems that scan an individual’s unique physical characteristics such as a finger or face for purposes of identification. The computer system extracts unique data points and creates a unique mathematical representation used to verify the individual’s identity, for example when an employee arrives at or departs from the workplace. This policy explains what information may be collected, how it may be used or disclosed, how it is stored and safeguarded, how long it is retained, and when it is disposed of.

Biometric Data Defined

In this policy, biometric data means “biometric identifiers” and “biometric information” as those phrases are defined under applicable biometric information privacy laws. “Biometric identifier” includes but is not limited to data generated by automatic measurements of an individual’s biological characteristics, including but not limited to, a fingerprint, voiceprint, retina or iris scan, or scan of hand or face geometry, or body temperature. “Biometric information” refers to any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual.

Collection of Biometric Data and It’s Purpose

The Company, its vendors, subvendors, customers, master service providers, and/or licensors of time and attendance software used by any or all of them collect, capture, obtain, store, and use biometric data for the following purposes: verification of identity, preventing fraud, timekeeping, ensuring that all hours worked are accurately recorded, and for recording and tracking of an individual’s time worked and attendance. The Company will not sell, lease, trade or otherwise profit from an individual’s biometric data.

Disclosure

Since the Company, its vendors, subvendors, customers, master service providers, and/or licensors of time and attendance software used by any or all of them collect, capture, or otherwise obtain biometric data, to the extent required under applicable law such as the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1, et seq. the Company first:

1. Will inform the individual that the Company, its vendors, subvendors, customers, master service providers, and/or the licensors of time and attendance software used by any or all of them are collecting, storing, capturing, or otherwise obtaining the individual’s biometric data;
2. Will inform the individual of the specific purposes and length of time for which the biometric data is being collected, stored, and used; and
3. Will receive a written release signed by the individual authorizing the Company, its vendors, subvendors, customers, master service providers, and the licensors of time and attendance software used by any or all of them, to collect, store, and use the individual’s biometric data for the specific purposes disclosed by the Company.

The Company will not disclose, redisclose, or otherwise disseminate an individual’s biometric data that is in its possession unless:

1. the individual consents to such disclosure or redisclosure to the extent allowed by law;
2. the disclosure or redisclosure completes a financial transaction requested or authorized by the individual;
3. the disclosure or redisclosure is required or permitted by applicable law; or 
4. the disclosure is required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction. 

Retention Schedule

The Company will collect, obtain, store and use an individual’s biometric data only until, and will request that its vendors, subvendors, customers, master service providers, and the licensors of time and attendance software used by any or all of them, permanently destroy such data when, the first of the following occurs:

1. The initial purpose for collecting or obtaining such biometric data has been satisfied, such as the termination of an employee’s employment with the Company; or 
2. Within three years of the individual’s last interaction with the Company or such shorter period of time required under applicable law. 

An individual’s biometric data that is in the possession of the Company will be permanently destroyed by the Company under these guidelines except as otherwise required by law or legal process such as a valid warrant or subpoena issued by a court of competent jurisdiction.

Data Storage, Transmission, and Protection

The Company will store, transmit, and protect from disclosure biometric data that is in its possession using the reasonable standard of care within its industry. Such storage, transmission, and protection from disclosure will be performed in a manner that is the same as or more protective than the manner in which the Company stores, transmits, and protects from disclosure other confidential and sensitive information of the Company and its employees. These safeguards include firewalls, physical and digital security measures, encryption, access restrictions, password authorization, system logging, and file backup.