Privacy Notice

Scope and Overview

EmployShare, Inc. is committed to protecting the privacy and security of personal, business, and financial information. This Privacy Notice describes how EmployShare, Inc. and its subsidiaries, affiliates, and related entities (collectively, “EmployShare,” “we,” or “us”) collect, use, and share information.

This Privacy Notice describes the categories of information that we collect, how we use information, how we secure information and when we may disclose information to third parties.  This Privacy Notice also describes your rights regarding the information that we hold, including how you can access, correct, and request erasure of your information.

We will only process personal, business, and financial information in accordance with this Privacy Notice unless otherwise required by applicable law.

EmployShare is an Administrative Services Organization, which provides human resource solutions, payroll and tax administration, and benefits administration (“Services”) to businesses. EmployShare does not operate under a co-employment model and the businesses (“Clients”) that EmployShare contracts with for these Services remain the common law employer for all purposes.

Collection of Information

EmployShare collects and uses personal, business, and financial information for business-related purposes, including human resource administration, payroll and tax administration, benefit administration, and to comply with any applicable laws and regulations. To carry out our Services and obligations, we may collect, store, and process the following categories of information:

  • Business information, such as legal company name, Federal Tax ID Number (FEIN Number), state identification numbers, ownership information, and business-related documentation.
  • Identifying information, such as names, genders, birth dates, social security numbers (SSN), and signatures.
  • Business and employee contact information, such as business addresses, home addresses, telephone numbers, email addresses, and emergency contact information.
  • Financial information, such as bank account information or credit card information.
  • Payroll and payroll tax related information, such as payroll records, employee garnishment information, payroll tax account information, and payroll tax filing information.
  • Benefit insurance information, such as plan numbers, policy information, enrollment information, beneficiary or dependent information, and other benefit-related information.
  • National identifiers for employees, such as passport, visa and Form I-9 information, and immigration status and documentation.
  • Employee demographic data, such as race, ethnic origin, marital status, disability, and veteran or military status.
  • Employee education and professional background information, such as work history, academic and professional qualifications, educational records, references, and interview notes.
  • Employment details related to employees, such as job titles, positions, hire dates, compensation information, performance and disciplinary records, and vacation and sick leave records.
  • Health and safety information related to employees, such as health conditions (if relevant to employment), job restrictions, and workplace illness and injury information.
  • Information Systems (IS) information, such as login credentials and IP addresses on EmployShare’s information systems and networks.
  • Miscellaneous information, such as any other information obtained in the performance of our Services, or that is otherwise voluntarily provided to EmployShare.

Use of Personal Information

We only process personal information where applicable law permits or requires it, including where the processing is necessary for the performance of our Services, where the processing is necessary to comply with a legal obligation that applies to us, for our legitimate interests or the legitimate interests of third parties, to protect your vital interests, or with your consent if applicable law requires consent.

We may use or disclose your personal information for the following legitimate business purposes and for the purposes of performing our Services for:

  • Payroll and Benefits Administration.
  • Employment Tax Filing/Processing.
  • Workers’ Compensation and Unemployment Insurance Administration.
  • Human Resource Administration, including but not limited to:
    • Conducting background checks;
    • Onboarding and new hire processing; and
    • Providing consulting services to Clients.
  • Accounting and Auditing.
  • Business Planning and Consulting.
  • Exercising or defending the legal rights of EmployShare and affiliates, clients, contractors and agents.
  • Compliance with health and safety requirements.
  • Funds transfer through the Auutomatic Clearing House System (ACH).
  • Compliance with federal and state regulations including, but not limited to, the Gramm-Leach-Bliley Act,  NACHA, “Know Your Client” requirements required from any originating or depository financial institution directly related to the provision of our Services, Anti-Money Laundering Laws and/or federal or state Money Transmitter Regulations, if applicable.
  • Compliance with all other legal, reporting, and regulatory requirements.

We will collect the majority of the personal information that we process directly from Clients and the employees of our Clients.  In certain circumstances third parties may provide personal information to us, such as former employers, official bodies (such as regulators or criminal record bureaus), benefits administrators, medical professionals, and any other third parties with whom we work to provide our Services.

We will only process personal information for the purposes we collected it for or for compatible purposes. If we need to process personal information for an incompatible purpose, we will provide appropriate notice and, if required by law, seek consent. We may process personal information without your knowledge or consent only where required by applicable law or regulation.

We may also process personal information for our own legitimate interests, including for the following purposes:

  • To prevent fraud.
  • To ensure network and information security, including preventing unauthorized access to our computer and electronic communications systems and preventing malicious software distribution.

Information Sharing

We will only disclose information to third parties where required by law or to our employees, contractors, designated agents, or third-party service providers who require such information to assist us with performing our Services.  Third-party service providers may include, but are not limited to, EmployShare’s financial institution(s), benefits administration providers, insurance carrier providers, information technology providers and data storage or hosting providers.

We require all of our third-party service providers, by written contract, to implement appropriate security measures to protect your personal data consistent with our policies and any data security obligations.  We do not permit our third-party service providers to process your personal data for their own purposes. We only permit them to process your personal data for specified purposes in accordance with our instructions.

We may also disclose information without your consent for the following additional purposes where permitted or required by applicable law:

  • As part of our regular auditing, reporting and filing requirements.
  • To other third parties as necessary to perform our Services.
  • To comply with legal obligations or valid legal processes such as search warrants, subpoenas, or court orders.
  • To comply with regulatory obligations or requirements from our financial institution(s).
  • To respond to employment verifications for employees of our Clients.
  • To protect the rights and property of EmployShare and our Clients.
  • During emergency situations or where necessary to protect the safety of persons.
  • Where the personal data is publicly available.
  • If a business transfer or change in ownership occurs and the disclosure is necessary to complete the transaction. In these circumstances, we will limit data sharing to what is absolutely necessary, and we will anonymize the data where possible.
  • For additional purposes with your consent where such consent is required by law.

EmployShare does not share or sell any personal data for marketing purposes or share or sell personal data to any third parties for their own marketing purposes.


EmployShare uses reasonable care to protect the confidentiality of information.  We have implemented appropriate physical, technical, and organizational security measures designed to secure information against accidental loss and unauthorized access, use, alteration, or disclosure. In addition, we limit access to information to those employees, agents, contractors, and other third parties that have a legitimate business need for such access.


EmployShare retains personal, business, and financial information for as long as necessary to provide Services on behalf of our Clients, or for other essential purposes, such as satisfying any legal, accounting or reporting obligations, maintaining business and financial records, resolving disputes, maintaining security, enforcing our agreements, detecting fraud, and for any other necessary business purpose.

In accordance with applicable law, we will retain and securely destroy or dispose of your personal data in a manner that prevents loss, theft, misuse, or unauthorized access to the personal information.

Rights of Access, Correction, Erasure, and Objection

It is important that the information we hold about our Clients and the employees of our Clients is accurate and current. Please keep EmployShare informed if your personal, financial, and/or business information changes.

By law you may have the right to request access to, correct, and erase the information that we hold about you (or your business), or object to the processing of information under certain circumstances. If you want to review, verify, correct, or request erasure of information, object to the processing of information, please contact EmployShare at 724-384-3050, or contact your dedicated EmployShare representative(s) via e-mail or phone. Any such communication must be in writing.

Please note that access to employee personnel records/files (as opposed to access of personal data, which is governed by this Notice) is governed by state law and employer policy.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal data that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal data that we hold about you, or we may have destroyed, erased, or made your personal data anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal data, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

Changes to This Privacy Notice

We reserve the right to update this Privacy Notice at any time, and we will provide you with a new Privacy Notice when we make any updates. If we would like to use previously collected information for different purposes than those we notified you about at the time of collection, we will provide you with notice and, where required by law, seek your consent, before using the information for a new or unrelated purpose.