CubeSmart Employee Privacy Notice for California Residents
Effective Date: January 1, 2020
The purpose of this Employee Privacy Notice for California Residents is to inform our personnel (including employees, temporary workers, job applicants, and contractors) (referred who reside in the State of California (referred to herein as “you” or “individual”) about the categories of personal information to be collected by CubeSmart and the purposes for which the categories of personal information will be used. We adopt this notice to comply with Section 1798.100 of the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.
Information We Collect
We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household (“personal information”). In particular, CubeSmart collects the following categories of personal information from individuals:
|A||Identifiers||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.||Yes|
|B||Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.||Yes|
|C||Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||Yes|
|D||Commercial information||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||No|
|E||Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||No|
|F||Internet or other similar network activity.||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||No|
|G||Geolocation data.||Physical location or movements.||No|
|H||Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||No|
|I||Professional or employment-related information.||Current or past job history or performance evaluations.||Yes|
|J||Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||Yes|
|K||Inferences drawn from other personal information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||No|
Personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA’s scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
Use of Personal Information
We may use the personal information we collect for a range of standard employment-related and business purposes, including:
- Workforce Planning and Recruitment, for example for business forecasting, employee assignment planning and budgeting, job advertising, interviewing, conducting background and criminal history checks, performing drug testing, selecting and hiring and terminating staff.
- General Human Resources Management and Administration, for example for career development, performance management, compensation and benefits management and benchmarking, administering payroll, reimbursing expenses, managing stock options, obtaining employee satisfaction feedback, managing absences, general headcount reporting, disaster recovery and emergency response planning, equal opportunities monitoring, training employees, and carrying out disciplinary or grievance procedures.
- Performance of our Business Operations, for example, to carry out day to day business activities, to allow us to work together and collaborate, to provide our services, to ensure business continuity, to enforce our rights and protect our operations and those of our affiliates, and to pursue available remedies and limit damages we may sustain.
- Security Management, for example, to ensure the security of our premises, assets, information, employees and other personnel.
- Legal and Regulatory Compliance, for example, to respond to law enforcement requests; as required by applicable law, court order, or governmental regulations; to ensure compliance with health & safety requirements and other legal or fiscal obligations, or in connection with litigation or an internal investigation or audit and to ensure compliance with our policies regarding anti-money laundering, bribery and corruption.
- As described to you when collecting your personal information.
- Business transactions, for example, to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of CubeSmart’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by CubeSmart about you is among the assets transferred.
CubeSmart will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you additional notice.
Changes to this Notice
CubeSmart reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the CubeSmart ’s intranet site and update the notice’s effective date.
If you have any questions or comments about this notice, including the ways in which CubeSmart collects and uses your information, please do not hesitate to contact us at:
Terms and Conditions
By accessing the Site in any way or using any content or services provided through the Site, you agree to and are bound by this Agreement. If you are using the Site on behalf of your employer, you represent and warrant that you are authorized to accept these terms on your employer’s behalf, and your employer agrees to indemnify you and CubeSmart for violations of this Agreement.
Intellectual Property Rights:
The Site is owned by CubeSmart and is protected by United States intellectual property laws (including trademark or copyright laws) and international treaty provisions. All content, including but not limited to images, information, products, services, documentation, software, trademarks, service marks, trade names, logos, and icons used by CubeSmart or featured on the Site are proprietary to CubeSmart or its licensors. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, logo, or trade name, including, without limitation, the USI Marks (collectively, “Trademarks”) displayed or featured on the Site without the prior written permission of CubeSmart. Your use of the Trademarks displayed on the Site, except as provided herein and in the Trademark Usage Guidelines, is strictly prohibited. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, except as provided herein or with prior written permission from CubeSmart. The Site may include the product and company names, as well as logos, of third parties. Such third-party designations are the trade/service marks of their respective owners.
Your Conduct and Use of the Site:
You agree that You will not use any content or services provided through the Site for any purpose that is unlawful or contrary to this Agreement. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to any account, computer systems, or networks associated with the Site.
CubeSmart has no obligation to monitor use of the Site by others. However, CubeSmart reserves the right to review materials posted to the Site, including to any blogs, and to remove and/or edit any materials in its sole discretion. You agree only to post, send, and receive messages and materials that are lawful and relevant to the Site.
You agree not to upload, post, or otherwise transmit via the Site any information that: (i) includes unauthorized disclosure of personal information; (ii) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to CubeSmart or other users of the Site; (iii) is hateful or is discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation, or age; or (iv) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. In addition, you agree not to harvest any email addresses from the Site for the purpose of sending email in violation of the law or this Agreement. You understand that by using the Site, you may be exposed to content from others that is offensive, indecent, or objectionable.
As a Site user or customer (collectively, “Customer”), you will represent yourself accurately and truthfully at all times. You grant to CubeSmart the right to independently verify any information that you post on the Site about yourself, although CubeSmart does not routinely undertake any verification. CubeSmart reserves the right to constitute classes of users of the Site, granting access to certain areas of the Site only to certain users.
Information and Content Submitted by You:
You are solely responsible for all items that you upload, post, or otherwise transmit via the Site. CubeSmart does not claim ownership of such items and has no obligation of any kind with respect to such items. CubeSmart will be free to use or disseminate such items on an unrestricted basis for any purpose, and you hereby grant to CubeSmart and all other users of the Site an irrevocable, perpetual, worldwide, transferable, sublicensable (through multiple tiers of sublicensees), royalty-free, fully paid up, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell, publish, and otherwise exploit such items (including in digital form) alone or as part of other works in any form, media, or technology whether now known or hereafter developed.
CUBESMART WILL TREAT ANY ITEMS THAT YOU UPLOAD, POST, OR OTHERWISE TRANSMIT VIA THE SITE AS NON-CONFIDENTIAL AND NON-PROPRIETARY. IF YOU CHOOSE TO USE YOUR REAL NAME, YOUR NAME WILL BE AVAILABLE TO AND VIEWABLE BY ANYONE USING THE WORLD WIDE WEB AND/OR USING A SEARCH ENGINE. YOU ARE NOT REQUIRED TO USE YOUR REAL NAME AND THE DECISION TO DO SO IS MADE AT YOUR SOLE DISCRETION.
No compensation will be paid with respect to the use of any items that you upload, post, or otherwise transmit via the Site. CubeSmart is under no obligation to post or use any such items and CubeSmart may remove any such items at any time in its sole discretion. You represent and warrant that: (i) you are the copyright owner of such items, or that the copyright owner of such items has granted to you permission to use such items consistent with the manner and purpose of your use and as otherwise permitted by this Agreement and the Site; (ii) you have the rights necessary to grant the licenses and sublicenses described in this Agreement; and (iii) that each person depicted in such items, if any, has provided all required consent to the use of such depictions as set forth in this Agreement, including, by way of example, and not as a limitation, the distribution, public display, and reproduction of such depictions.
NEITHER CUBESMART NOR ANY OF ITS EMPLOYEES ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS, OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMONSTRATIONS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN CUBESMART’s PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO CUBESMART. PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO CUBESMART OR ANYONE AT CUBESMART. IF, DESPITE OUR REQUEST THAT YOU NOT SEND TO US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT CUBESMART MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
You agree to indemnify, defend, and hold harmless CubeSmart and its subsidiaries, affiliates, parent companies, officers, managers, members, agents, co-branders, partners, licensors, and employees from any claim or demand, including, without limitation, court costs and reasonable attorneys’ fees, made by any third party relating to or arising out of: (i) items you upload, post or otherwise transmit via the Site; (ii) your use of the Site, including any use by your employees; (iii) your connection to the Site; (iv) your violation of this Agreement; or (v) your violation of any rights of another.
Links to or from other Internet sites may be included at times as a convenience to the user. These sites have not necessarily been reviewed by CubeSmart and are maintained by third parties over which CubeSmart exercises no control. Accordingly, CubeSmart expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on, and / or software downloaded from these third-party web sites. Moreover, these links do not imply an endorsement of any third party, web site, or products or services provided by any third party, and CubeSmart takes no responsibility for them.
Disclaimer of Warranties:
ALL CONTENT AND SERVICES, INCLUDING, WITHOUT LIMITATION, TRADEMARKS, AND ANY SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CUBESMART AND ITS AGENTS AND ALL PREDECESSORS, SUCCESSORS, AND ASSIGNS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO ANY CONTENT AND SERVICES AVAILABLE ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR DATA ACCURACY. CUBESMART DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OF THE SITE (INCLUDING ANY SOFTWARE) OR ANY DATA ON THE SITE OR ANY SERVICES IS ACCURATE, ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT, DATA, OR SERVICES WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, ITS CONTENT, DATA, OR SERVICES AND THE SERVERS ON WHICH THE SITE, CONTENT, AND SERVICES ARE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, CUBESMART DISCLAIMS ANY OBLIGATION TO MAINTAIN THE SITE OR KEEP IT OPERATIONAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE SITE AND THE CONTENT AND SERVICES IT PROVIDES. THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS PROVIDED HEREIN APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Limitation of Liability:
UNDER NO CIRCUMSTANCES WILL CUBESMART OR ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, OFFICERS, MANAGERS, MEMBERS, AGENTS, CO-BRANDERS, PARTNERS, LICENSORS, EMPLOYEES, PREDECESSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “CUBESMART PARTIES”) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CUBESMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (B) THE USE OR THE INABILITY TO USE ANY OTHER WEB SITE TO WHICH THIS SITE IS LINKED; (C) THE CONTENT OF THIS SITE OR OTHER WEB SITES TO WHICH THIS SITE IS LINKED; (D) ANY VIRUSES OR HARMFUL COMPONENTS DERIVED FROM THIS SITE OR ANY OTHER WEB SITE TO WHICH THIS SITE IS LINKED; (E) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICES; OR (H) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE.
Choice of law and venue:
This Agreement and the relationship between you and CubeSmart shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You and CubeSmart agree to submit to the personal and exclusive jurisdiction of the courts located within Chester County, Pennsylvania.
Except as otherwise expressly provided in this Agreement, CubeSmart may provide notice to you via email, regular mail, or posting notices or links to notices on the Site.
CubeSmart reserves the right at any time to modify, suspend, or terminate the Site (or any part thereof), with or without notice. CubeSmart will not be liable to you or to any third party for any modification, suspension, or termination of all or any portion of the Site, or loss of related information. CubeSmart reserves the right in its sole discretion to terminate or restrict your access to and use of the Site, or any part of the Site, without notice, for any or no reason, and without liability to you or any third party. The portions of this Agreement relating to Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, and Choice of Law and Venue, and all terms of this Agreement which by their nature should survive, shall survive the termination or expiration of this Agreement.
You may not assign or otherwise transfer this Agreement or any right granted hereunder. You agree that any material breach of this Agreement will result in irreparable harm to CubeSmart for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, CubeSmart will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if CubeSmart seeks such an injunction.
Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. If any provision of this Agreement is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of this Agreement will remain in full force and effect.
CubeSmart’s performance under this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of CubeSmart’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CubeSmart with respect to such use.
A printed version of this Agreement and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
CubeSmart’s® trademarks, service marks and trade dress (collectively, “Trademarks”) are valuable intellectual property assets, and they should only be used pursuant to CubeSmart’s Trademark Usage Guidelines. Nothing in these Guidelines grants the right to use any CubeSmart Trademarks in any manner or to acquire any domain names that include any CubeSmart Trademarks. These Trademark Usage Guidelines may be modified by CubeSmart from time to time, in CubeSmart’s sole discretion. Licensees of CubeSmart and other third parties may be subject to additional use restrictions.
Use of CubeSmart Trademarks
CubeSmart Trademarks should only be used to refer to CubeSmart products and services, and only in a manner that is true, accurate, not misleading and fair.
The CubeSmart company logo and its trade dress should not be used without the company’s express written authorization. Likewise, its trademarks and service marks should not be used in their stylized form without the company’s express written authorization; they should be used only in standard text with initial caps or all caps.
The CubeSmart Trademarks should be presented in a manner that makes them stand out from the text around them, such as in initial caps or all caps. Use an appropriate trademark symbol and/or trademark acknowledgement of CubeSmart’s ownership of the Trademarks. Use ™ (for “trademark”) or SM (for “service mark”) for unregistered marks or ® for registered marks, and/or use the following form of acknowledgement: “CubeSmart and the company logo are trademarks of CubeSmart.”
Do not use a CubeSmart Trademark as a noun, in a plural form, or in a possessive form. A CubeSmart Trademark should not be used in a generic or descriptive fashion. A Trademark should be used as an adjective, followed by the appropriate noun, such as: “CubeSmart products and services help you organize your property.”
Do not incorporate CubeSmart Trademarks into marks of other companies, organizations or individuals, do not modify the Trademarks in any manner, and do not join the Trademarks together to other words, names, symbols, numbers or phrases. The Trademarks should not be translated into another language
CubeSmart is developing new products and services, and anticipates that it will launch new trademarks, service marks and trade dress designs in the future. CubeSmart Trademarks currently include, but are not limited to:
STORAGE. SERVICE. SOLUTIONS.
WE’VE GOT THE SPACE YOU NEED!
CUBESMART STORAGE VALET