D&W Fine Pack LLC
Biometric Information Policy
D&W Fine Pack, LLC (“D&W”) has implemented the following policy concerning protecting private biometric information that is obtained as a result of D&W’s use of biometric timeclocks.
Biometric Data Defined
As used in this policy, biometric data includes “biometric identifiers” and “biometric information”. “Biometric identifier” means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996.
“Biometric information” means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.
Purpose for Collection of Biometric Data
D&W and/or the licensor of D&W’s time and attendance software, Ultimate Software, collect, store, and use biometric data for Team Member identification, timekeeping and fraud prevention related to recording time and attendance.
Disclosure and Authorization
To the extent that D&W and/or the licensor of D&W’s time and attendance software collect, capture, or otherwise obtain biometric data relating to a Team Member, D&W will first:
- Inform the Team Member in writing that D&W and the licensor of D&W’s time and attendance software are collecting, capturing, or otherwise obtaining the Team Member’s biometric data and that D&W is providing such biometric data to the licensor of D&W’s time and attendance software.
- Inform the Team Member in writing of the specific purpose and length of time for which the Team Member’s biometric data is being collected, stored, and used; and
- Receive a written release signed by the Team Member (or his or her legally authorized representative) authorizing D&W and the licensor of D&W’s time and attendance software to collect, store, and use the Team Member’s biometric data for the specific purposes disclosed by D&W, and for D&W to provide such biometric data to its licensor of D&W’s time and attendance software.
D&W will not disclose or disseminate any biometric data unless:
- Team Member has executed a consent form agreeing to such disclosure or dissemination;
- The disclosed data completes a financial transaction requested or authorized by the Team Member;
- Disclosure is required by state or federal law or municipal ordinance; or
- Disclosure is required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.
D&W and the licensor of D&W’s time and attendance software will not sell, lease, trade, or otherwise profit from Team Members’ biometric data; provided, however, that the licensor of D&W’s time and attendance software may be paid for products or services used by D&W that utilize such biometric data.
D&W shall retain Team Member biometric data only until, and shall request that the licensor of D&W’s time and attendance software permanently destroy such data, when the first of the following occurs:
- Within seventy-two (72) hours of the termination of the purpose for collecting, obtaining or storing the Team Member’s biometric data, such as the termination of the Team Member’s employment with D&W, or the Team Member’s transfer to a role within D&W for which biometric data is not utilized; or
- Within three (3) years of the Team Member’s last interaction with D&W.
D&W shall use a reasonable standard of care to store, transit and protect from disclosure any paper or electronic biometric data collected. Such storage, transmission, and protection from disclosure shall be performed in a manner that is the same as or more protective than the manner in which D&W stores, transmits and protects from disclosure other confidential and sensitive information, including personal information that can be used to uniquely identify an individual or an individual’s account or property, such as genetic markers, genetic testing information, account numbers, PINs, driver’s license numbers and social security numbers.