Privacy Policy for California Residents
Information Technology
Last Revised: 1/1/2023

PRIVACY POLICY FOR CALIFORNIA CONSUMERS

The California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act of 2020 (“CPRA”), gives California consumers specific additional rights to any personal information collected, processed, and held by Marsden and its affiliates (collectively, “Marsden”).  

This Privacy Policy for California Consumers (“California Privacy Policy”) applies solely to all natural persons who reside in the State of California (“consumers” or “you”) and supplements the information contained in Marsden’s Privacy Policy. The purpose of this California Privacy Policy is to provide California consumers (including those employed by Marsden or its affiliates) with a comprehensive description of our practices regarding the collection, use, disclosure, and retention of personal information in compliance with the CCPA/CPRA.  Marsden does not “sell” or “share” your personal information within the meaning of the CCPA/CPRA.   Any terms defined in the CCPA/CPRA have the same meaning when used in this Policy.

Information We Collect

We collect “personal information” as that term is defined in the CCPA/CPRA, which is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”).

Personal information does not include:

• Publicly available information from government records.
• Lawfully obtained, truthful information that is a matter of public concern.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA/CPRA’s scope, like personal information covered by certain sector-specific privacy laws, including the Federal Credit Reporting Act (FCRA) and the Driver’s Privacy Protection Act (DPPA).

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category	Examples	Collected
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.	YES
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
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.	YES
G. Geolocation data.	Physical location or movements.	YES
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Professional or employment-related information, such as work history, prior employer, human resources data, and data necessary for administering benefits and related administrative services.	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.	YES

Sensitive Personal Information

We may also collect sensitive personal information as defined by the CPRA, which is a subset of personal information that requires greater security protections and standards of care in handling (“sensitive personal information”).   We collect sensitive personal information for human resources, employment, benefits administration, health and safety, and business-related purposes and to be in legal compliance.

Below are the categories of sensitive personal information that we have collected about consumers in the previous twelve months:

• Personal information that reveals a consumer’s social security, driver’s license, state identification card, or passport number.
• Personal Information that reveals a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership.
• Personal information collected and analyzed concerning a consumer’s health.

How Personal Information is Collected

We collect most personal information directly from you via this Website, our business relationship, or in connection with your employment by Marsden or its affiliates.  We may also collect personal information from the following categories of sources:

• Indirectly from you. For example, from observing your actions on our Website through the use of cookies and third-party data analytics providers.
• Our information technology (IT) systems.
• From government entities and publicly-accessible sources.
• Directly from a third party for background check purposes.
• Consultants and other professionals and services providers we may engage in relation to your employment, with your consent.

The Purposes for Which Personal Information Is Collected

Marsden collects the personal information for one or more of the following purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new orders or service your account.
• To provide, support, personalize, and develop our Website, products, and services.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
• 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/CPRA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.

In addition, if you are employed by Marsden or its affiliates, we may collect your personal information for one or more of the following purposes:

• Comply with all applicable laws and regulations.
• Recruit and evaluate job applicants and candidates for employment.
• Conduct background checks.
• Manage your employment relationship with us, including for:
  • Onboarding processes;
  • Timekeeping, payroll, and expense report administration;
  • Employee benefits administration;
  • Employee training and development requirements;
  • The creation, maintenance, and security of your online employee account(s);
  • Reaching your emergency contacts when needed, such as when you are not reachable or are injured or ill;
  • Workers’ compensation claims management;
  • Employee job performance, including goals and performance reviews, promotions, discipline, and termination;
  • Other human resources purposes;
• Manage and monitor employee access to company facilities, equipment, and systems.
• Conduct internal audits and workplace investigations.
• Investigate and enforce compliance with and the potential breaches of company policies and procedures.
• Engage in corporate transactions requiring review of employee records, such as evaluating potential mergers and acquisitions of the Company.
• Maintain commercial insurance policies and coverages, including for workers’ compensation and other liability insurance.
• Perform workforce analytics, data analytics, and benchmarking.
• Administer and maintain the company’s operations, including for safety purposes.
• For client marketing purposes.
• Exercise or defend the legal rights of the Company and its employees, affiliates, customers, contractors, and/or agents.

Disclosure of Personal Information

Marsden has not “sold” or “shared” consumers’ personal information within the meaning of the CCPA/CPRA in the preceding twelve (12) months.

We may disclose your personal information to Marsden affiliates or a service provider for a business purpose such as human resources, employment, benefits administration, health and safety, legal compliance, and other business-related purposes (described more fully above).  In the preceding twelve (12) months, we have disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.

Categories of Personal Information	Categories of Third Parties
A: Identifiers.	Service providers, affiliates, partners, parent or subsidiary companies, data analytics providers, and internet cookie data recipients (e.g., Google Analytics).
B: California Customer Records personal information categories.	Service providers, affiliates, partners, parent or subsidiary companies, data analytics providers, and internet cookie data recipients (e.g., Google Analytics).
C: Protected classification characteristics under California or federal law.	Service providers, affiliates, partners, parent or subsidiary companies, and data analytics providers.
D: Commercial information.	Service providers, affiliates, partners, parent or subsidiary companies, data analytics providers, and internet cookie data recipients (e.g., Google Analytics).
E: Biometric information.	Not collected.
F: Internet or other similar network activity.	Service providers, affiliates, partners, parent or subsidiary companies, data analytics providers, and internet cookie data recipients (e.g., Google Analytics).
G: Geolocation data.	Not collected.
H: Sensory data.	Not collected.
I: Professional or employment-related information.	Service providers, affiliates, partners, parent or subsidiary companies, and data analytics providers.
J: Non-public education information.	Service providers, affiliates, partners, parent or subsidiary companies, and data analytics providers.
K: Inferences drawn from other personal information.	Service providers, affiliates, partners, parent or subsidiary companies, data analytics providers, and internet cookie data recipients (e.g., Google Analytics).

Your Rights

The CCPA/CPRA provides California consumers with specific rights regarding their personal information. This section describes your CCPA/CPRA rights and explains how to exercise those rights. 

Right to Know

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 (see Exercising Your Rights to Know or Delete), 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 that personal information.
• The categories of third parties with whom we share that personal information.
• 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 (see Exercising Your Rights to Know or Delete), 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:

1. 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 our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Help to ensure security and integrity to the extent the use of your personal information is reasonably necessary and proportionate for those purpose.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. 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.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. 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.

Right to Opt-Out

We do not “sell” or “share” your personal information within the meaning of the CCPA/CPRA.

Right to Correct

You have the right to request that we correct inaccurate personal information that we maintain about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.  Upon verifying your request to correct inaccurate personal information, we will use commercially reasonable efforts to correct the inaccurate personal information as directed.

Right to Limit Use and Disclosure of Sensitive Personal Information

We do not use or disclose your sensitive personal information for purposes other than those specified in California Civil Code § 1798.121 and § 7027(m) of the implementing regulations.

Exercising Your Rights

To exercise your rights described above, please submit a request by either:

• Emailing us at websiteprivacy@marsden.com.   
• Visiting /privacy/ccpa-requests/
• California employees of Marsden or its affiliates may contact the Human Resources Department.

In submitting a request, please provide your name, e-mail address, phone number, and address for verification purposes.  If the request is submitted on your behalf by an authorized agent, please provide a signed written authorization.

Except as described in this policy or provided under applicable privacy laws, there is no charge to exercise of your legal rights.  In compliance with the CCPA/CPRA, we will disclose and deliver the required information, correct inaccurate personal information, and/or delete personal information (subject to any applicable exceptions) within forty-five days of receiving a verifiable request.  We may extend the forty-five day time period by an additional forty-five days when reasonably necessary and after first providing notice of such extension.

Non-Discrimination

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

Changes to Our Privacy Policy

We reserve 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 Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which Marsden and its affiliates collect and use your personal information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, or need access to this California Privacy Policy in an alternative format due to having a disability, please do not hesitate to contact us at:

Email: websiteprivacy@marsden.com

Address:
Marsden Services
Attn: Privacy
2124 University Ave.
St. Paul, Minnesota 55104