Monrovia Nursery Company

Privacy Policy for California Team Members

This Monrovia Nursery Company (the “Company”) Privacy Policy for California Team Members applies to all craftsmen, job applicants, and independent contractors who reside in the State of California (collectively referred to as “Team Members”). The Company has adopted this policy to comply with the California Consumer Privacy Act of 2018 (“CCPA”) as amended by the California Privacy Rights Act of 2020 (“CPRA”). Any terms defined in the CCPA and/or CPRA have the same meaning when used in this policy.

Categories of Information We Collect and Use

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include: (a) publicly available information from government records; (b) deidentified or aggregated consumer information; and (c) information excluded from the CCPA's scope such as 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), clinical trial data, or other qualifying research data, and personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In the past 12 months, we have collected the following categories of personal information from Team Members:

Sources of Personal Information

The personal information that we collect, use, and disclose are collected from the following categories of sources: (i) directly from you in the least invasive way as possible; (ii) indirectly from you in the least invasive way as possible; (iii) public records or widely available sources, including information from the media, and other records and information that are made available by federal, state, or local government entities; (iv) outside companies or organizations from whom we collect personal information to support human resource and workforce management activities; and (v) outside companies or organizations from whom we collect personal data as part of providing products and services, completing transactions, supporting our everyday operations, or business management and development.

Why We Collect Personal Information and How We Use It

We may use or disclose the personal information we collect from one or more of the following purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your direct deposit information, we will use that information to facilitate direct deposits of your paycheck(s).
• To comply with federal, state, and local laws, regulations, ordinances, orders, and guidelines.
• To maintain a safe work environment, ensuring the health and well-being of the Company’s craftsmen, customers, visitors, and their family members.
• To support and facilitate our everyday operations, including meeting risk management, safety, legal, and compliance related requirements.
• To support and facilitate employment, infrastructure, and human resource management, e.g., processing payroll, facilitating health and welfare benefits plans, etc.
• To create and maintain business and employment records required by law, e.g., time and payroll records, workplace health and safety records, training records, employment and payroll taxes and withholdings, etc.
• To help maintain the safety, security, and integrity of the Company’s premises and facilities, products and services, databases and other technology assets.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.

We 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 not

Categories of Third Parties with Whom We Share Personal Information

The categories of third parties with whom we share personal information with are:

• Outside companies or organizations with whom we share personal information as part of supporting our everyday operations and business management.
• Government agencies including to support regulatory and legal requirements.
• Outside companies or organizations, including service providers, to whom we provide personal information to support human resource activities and workforce management.
• Outside companies or organizations, including service providers, to whom we provide personal information to support legal and risk management activities.

Sale of Personal Information

In the past 12 months, we have not “sold” personal information subject to the CCPA or this particular notice. For purposes of this notice, “sold” means the disclosure of personal information to a third-party for monetary or other valuable consideration.

Your Rights Under the CCPA

Right to Know and Data Portability. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: (i) sales, identifying the personal information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
• The specific pieces of personal information we collected about you (also called a data portability request).

Right to Delete. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of your relationship with us.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code, § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Exercising Your Rights to Know or Delete. To exercise your rights to know or delete described above, please submit a request by either:

• Calling us at 800-999-1101
• E-mailing us at [email protected]
• Visiting www.monrovia.com/craftsmen-and-applicants-ccpa 

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
• Identify the mailing address or e-mail address in which you would like us to communicate with you concerning your request.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.

Response Timing and Format. We will confirm receipt of your request within ten business days. If you do not receive confirmation within the 10-day timeframe, please contact Human Resources.

We endeavor to substantively respond to a verifiable Team Member request within 45 days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

We will deliver our written response to by mail or e-mail, at your option, to the address that you provide us at the time of making your request.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable Team Member request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights. You have the right to direct us to not sell your personal information at any time (the “right to opt-out”). To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:

Do Not Sell My Personal Information

Once you make an opt-out request, we will wait at least 12 months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by: e-mailing [identify contact person].

Non-discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

CCPA Rights Request Metrics

Metrics regarding the consumer rights requests we received from all California residents from January 1, 2022 to December 31, 2022 appear in the following chart:

Changes to Our Privacy Policy

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this policy, we will post the updated policy on the Company’s website and update the policy’s effective date. Your continued relationship with the Company following the posting of changes constitutes your acceptance of such changes.

Contact Us

If you have any questions or comments about this policy, the ways in which the Company collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 800-999-1101

Website: www.monrovia.com 

E-mail: [email protected]

Postal Address:      

Monrovia Nursery Company

Attn: Human Resources

817 E. Monrovia Place, Azusa, CA 91702