Privacy Policy

1 Introduction

Bergman Brothers Staffing, Inc. (“Bergman Brothers,” “we,” “us,” or “our“) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard personal information when you:

• Visit our website at www.bergmanbrothers.com (the “Site“)
• Apply for employment or temporary assignments as a certified professional through us
• Use our staffing services as a client company
• Communicate with us through any channel

2 Information We Collect

2.1 Information from Clients (Companies Seeking Staffing)

When you request staffing services, we may collect:

• Contact information: Company name, primary contact name, phone number, email address, physical address
• Project details: Job descriptions, required certifications (OSHA, EPA, IICRC, HAZWOPER), project location, duration, urgency level
• Billing information: Company tax ID, payment terms, invoicing contact
• Communication records: Emails, phone calls, form submissions, service requests

2.2 Information from Certified Professionals (Job Applicants and Employees)

When you apply for positions or are placed on assignment as a certified professional, we collect:

• Personal identifiers: Full legal name, Social Security Number (SSN), date of birth, driver’s license number
• Contact information: Home address, phone number, email address, emergency contact details
• Employment information: Work history, skills, professional certifications (OSHA, EPA, IICRC, HAZWOPER, state licenses), references
• Background check results: Criminal history, employment verification, education verification, driving record (if applicable)
• Medical clearances: Drug test results, physical exam results, respiratory clearances (for hazmat work), workers’ compensation history
• Financial information: Bank account details (for direct deposit), tax withholding forms (W-4)
• Timekeeping data: Hours worked, project assignments, supervisor evaluations

2.3 Information Collected Automatically

When you visit our Site, we automatically collect:

• Device information: IP address, browser type, operating system, device identifiers
• Usage data: Pages viewed, time spent on pages, referring/exit pages, clickstream data
• Location data: General geographic location based on IP address (city/state level)
• Cookies and tracking technologies: See Section 9 for details

3 How We Use Your Information

We use your information for the following purposes:

3.1 Staffing Services (Core Business Functions)

• Matching certified professionals to client needs: Reviewing qualifications, certifications, and experience to fill job orders
• Vetting and screening: Conducting background checks, verifying credentials, ensuring regulatory compliance
• Onboarding and deployment: Processing employment paperwork, scheduling assignments, coordinating with clients
• Payroll and benefits administration: Processing timesheets, issuing paychecks, managing tax withholdings, workers’ compensation
• Client relationship management: Responding to service requests, coordinating our 7-day Communications Center, providing project updates

3.2 Legal and Regulatory Compliance

• OSHA and EPA compliance: Maintaining records of safety training, certifications, and incident reports
• Employment law compliance: I-9 verification, tax reporting (W-2, 1099), equal employment opportunity (EEO) reporting
• Workers’ compensation: Filing claims, coordinating medical treatment, maintaining injury records
• Government contracting: Meeting requirements for federal, state, and local government contracts (if applicable)

3.3 Business Operations and Improvements

• Site functionality: Maintaining and improving our website, troubleshooting technical issues
• Analytics: Understanding how users interact with our Site, identifying popular services, optimizing user experience
• Marketing and communications: Sending newsletters, service updates, promotional offers (with opt-out option)
• Customer support: Responding to inquiries, resolving disputes, providing assistance

3.4 Safety and Security

• Fraud prevention: Detecting and preventing fraudulent applications, identity theft, misuse of services
• Workplace safety: Monitoring incident reports, ensuring proper certifications, coordinating emergency response
• Legal protection: Defending against claims, enforcing our rights under contracts and agreements

4 How We Share Your Information

We DO NOT sell your personal information to third parties. However, we may share information in the following circumstances:

4.1 With Client Companies

When we place a certified professional on assignment, we share with the client:

• Professional information: Name, contact information, work history, certifications, skills
• Compliance documentation: Copies of OSHA cards, EPA certifications, IICRC certifications, HAZWOPER cards, safety training records
• Timekeeping data: Hours worked, project performance evaluations

4.2 With Service Providers

We engage third-party vendors to support our operations, including:

• Payroll processors: ADP, Paychex, or similar (to process paychecks, tax withholdings)
• Background check providers: For criminal history, employment verification, driving records
• Training providers: For OSHA certifications, HAZWOPER training, IICRC certifications, safety training, continuing education
• Insurance carriers: Workers’ compensation insurers, liability insurers
• IT service providers: Website hosting, data storage, email services, cybersecurity

These vendors are contractually required to protect your information and use it only for the specific services they provide to us.

4.3 For Legal and Safety Reasons

We may disclose information when required or permitted by law:

• Legal process: Subpoenas, court orders, government investigations
• Regulatory compliance: OSHA inspections, wage audits, EEO reporting, immigration enforcement (I-9 audits)
• Safety emergencies: Immediate threats to health or safety, workplace accidents requiring medical treatment
• Litigation: Defending against lawsuits, workers’ compensation claims, contract disputes

4.4 Business Transfers

If Bergman Brothers is acquired, merged, or sells assets, your information may be transferred to the acquiring entity. You will be notified of any such change and your options.

5 Data Retention

We retain personal information only as long as necessary for business and legal purposes:

5.1 Client Records

• Active client contracts and communications: Duration of relationship + 7 years
• Invoices and payment records: 7 years (tax and accounting requirements)
• Project documentation: 7 years (for potential claims or disputes)

5.2 Certified Professional/Employee Records

• Employment records (for placed certified professionals): 7 years after last assignment (IRS/DOL requirements)
• Job applicant information (not hired): 3 years (EEO compliance)
• Medical/drug test results: 5 years minimum (OSHA requirements), longer if related to occupational exposure
• Certification records (asbestos, lead, HAZWOPER): 30+ years (EPA requirements for hazmat work)
• Workers’ compensation records: Duration of claim + 10 years

5.3 Website Data

• Analytics and cookies: Automatically deleted after 13 months (Google Analytics default)
• Marketing emails: Until you unsubscribe or 2 years of inactivity

6 Data Security

We implement reasonable administrative, technical, and physical safeguards to protect your information:

6.1 Technical Measures

• Encryption: SSL/TLS encryption for data in transit (website connections), encrypted databases for sensitive data at rest
• Access controls: Password protection, multi-factor authentication for internal systems, role-based access (employees only see data they need)
• Network security: Firewalls, intrusion detection systems, regular security updates
• Data backups: Regular encrypted backups to prevent data loss

6.2 Physical Security

• Secure facilities: Locked file cabinets for paper records, restricted access to offices
• Document destruction: Shredding of paper documents containing sensitive information

6.3 Employee Training

• Confidentiality agreements: All employees sign NDAs and are trained on data protection
• Limited access: Only authorized personnel can access SSNs, medical records, background checks

7 Your Rights and Choices

7.1 Access and Correction

You have the right to:

• Access your personal information: Request a copy of the personal data we hold about you
• Correct inaccurate information: Update your contact information, certifications, work history
• Request deletion: Subject to legal retention requirements (see Section 5)

How to request: Email info@bergmanbrothers.com (Subject: “Data Access Request”) or call (704) 537-1230. We will respond within 30 days.

7.2 Marketing Opt-Out

You can opt out of marketing emails at any time:

• Click “Unsubscribe” at the bottom of any marketing email
• Email us: info@bergmanbrothers.com (Subject: “Unsubscribe”)
• Note: You will still receive transactional emails (e.g., assignment confirmations, payroll notices, safety alerts) even if you unsubscribe from marketing

7.3 California Privacy Rights (CCPA/CPRA)

If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA):

• Right to Know: What personal information we collect, use, and share
• Right to Delete: Request deletion of your personal information (subject to exceptions)
• Right to Opt-Out: We do not “sell” personal information, but you can opt out of sharing for targeted advertising
• Right to Non-Discrimination: We will not discriminate against you for exercising your rights

To exercise CCPA rights:
Email: info@bergmanbrothers.com (Subject: “California Privacy Request”)
Phone: (704) 537-1230

We will verify your identity and respond within 45 days.

7.4 European Privacy Rights (GDPR)

If you are in the European Economic Area, you have additional rights under GDPR. However, we do not target or offer services to EU residents. Our operations are limited to the United States. If you are located in the EU and believe we hold your information, contact us at info@bergmanbrothers.com.

8 Children’s Privacy

Our Site and services are NOT directed to individuals under 18 years of age. We do not knowingly collect information from children. If you believe we have collected information from a child under 18, contact us immediately at info@bergmanbrothers.com, and we will delete the information.

9 Cookies and Tracking Technologies

9.1 What Are Cookies?

Cookies are small text files placed on your device by websites you visit. They help us recognize your device, remember preferences, and analyze Site usage.

9.2 Types of Cookies We Use

• Strictly Necessary Cookies: Essential for Site functionality (cannot be disabled)
• Analytics Cookies: Help us understand how visitors use the Site (e.g., Google Analytics)
• Functional Cookies: Remember your preferences and settings
• Marketing Cookies: Track your browsing to deliver relevant advertising (with consent)

9.3 Managing Cookies

You can control cookies through your browser settings:

• Block all cookies (may affect Site functionality)
• Delete cookies after each session
• Set preferences for specific types of cookies

Google Analytics Opt-Out: Install the Google Analytics Opt-Out Browser Add-on

9.4 Do Not Track

Some browsers have “Do Not Track” signals. Our Site does not currently respond to these signals, but you can manage cookies as described above.

10 Third-Party Websites

Our Site may contain links to third-party websites (e.g., training providers, regulatory agencies). We are NOT responsible for the privacy practices of these sites. Please review their privacy policies before providing information.

11 Changes to This Privacy Policy

We may update this Privacy Policy from time to time. Material changes will be indicated by updating the “Effective Date” at the top of this page and/or notifying you via email.

Continued use of our Site or services after changes constitutes acceptance of the revised Privacy Policy.

12 Contact Us

For questions, concerns, or requests regarding this Privacy Policy or your personal information: