Privacy Policy

1. Your Privacy: Overview

 

This privacy policy (this “Privacy Policy”) tells you about the information that SemperVirens Ventures LLC (“SV,” “we,” “us” or “our”) collects in connection with the operation of our websites, products, services and software (collectively, the “Service”), how the information is used and how you can access and correct certain information that we may collect.

 

Please note that this Privacy Policy applies only to information collected from you by SV via the Service.  It does not apply to information obtained or disclosed in offline correspondence or through other personal contacts with SV representatives. Further, the Service may contain links to other entities’ websites that are not controlled or operated by SV. This Privacy Policy does not apply to such third party websites, and SV is not responsible for the content of such third party websites or the privacy practices of such third parties. Therefore, we encourage you to request and review the privacy policies of any third parties upon disclosing your information to such parties or visiting such third party websites.  Furthermore, please note that if you are using a “jailbroken” device or have otherwise circumvented the encryption, security or other capabilities of your device used to access this website, we cannot guarantee that we will be able to meet the requirements of this Privacy Policy that result from your use of such a device.

 

This Privacy Policy is effective as of April 22, 2021

 

2. Collection of Your Information

 

Certain information (primarily your IP address) is automatically collected when you access the Service, as discussed in our Cookie Policy (see Section 7, below), unless you opt out of such collection.  Otherwise, you can access some areas of the Service without submitting any personally identifiable information. SV collects additional personally identifiable information only if you choose to complete any online forms to contact us, complete an account profile (MyBenefits), post content, provide feedback, or request information or assistance through the Service. The personally identifiable information that SV collects through these portions of the Service may include your name, username, password, email address, address and telephone number and any other personally identifiable information that you choose to include in your account profile or in your submissions to us. You represent and warrant that you have the right and authority to provide any information provided by you. SV may also collect certain non-personally identifiable information in connection with the operation of the Service. Such information is maintained by SV or service providers acting on behalf of others. Users of the Service may be able to view your information.

 

3. Protection of Your Information

 

To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, SV uses physical, technological and administrative procedures to attempt to protect the personally identifiable information we collect through the Service. Nevertheless, Internet transmissions are never completely private or secure. You understand that any messages or information you send to the Service may be read or intercepted by others. If you have any questions about the security of personally identifiable information collected by SV, please contact us at: contactus@sempervirensvc.com

 

4. Use of Your Personally Identifiable Information

 

Upon our collection of your personally identifiable information, SV may use such personally identifiable information internally, separately or in combination with pre-existing information, for the following purposes:

  • To provide any requested information, products or services;

  • To access your account profile (MyBenefits), as directed by you;

  • To troubleshoot problems with the Service;

  • To customize your experience on the Service;

  • To enforce our Terms of Service Agreement or compliance with this Privacy Policy; or

  • To contact you with more information about your SV products or services.

 

5. Disclosure of Your Information

 

We may disclose your personally identifiable information to our subsidiaries or affiliates and to third party partners whom we occasionally hire to provide services on our behalf, including support services, website services, delivering promotional materials, answering customer questions about our services and new services. SV will only provide those third party partners with the personally identifiable information they need to deliver the services to us and/or on our behalf, and they will be contractually prohibited from using that information for any other purpose. In the event that SV is involved in a transaction such as a merger, stock purchase or sale, or sale of substantially all of SV assets, your personal information may be transferred to the other party in such transaction.

 

SV reserves the right to disclose your personally identifiable information if required to do so by law or legal process or otherwise requested by any law enforcement officer or agency acting under color of law. In addition, SV reserves the right to disclose your personally identifiable information based on the good faith belief that such action is necessary or appropriate to: (a) protect and defend the rights or property of SV, or (b) act in urgent circumstances to protect the safety or security of the public or of users of the SV products and the Service.

 

6. Cross-Border Data Transfers

If you choose to use our Service from regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions to the U.S. for storage and processing, which does not have the same data protection laws as your jurisdiction. When we transfer your personally identifiable information to the U.S., we take steps to comply with applicable data protection law, in particular legal requirements regarding adequate protection for data transfers. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating our Service. By providing any information, including personally identifiable information, on or to the Service, you consent to such transfer, storage, and processing.

 

If you are located in the European Economic Area (“EEA”) or the United Kingdom, we will comply with applicable EEA data protection law when transferring your personally identifiable information outside of the EEA. We may transfer your personally identifiable information to countries which have been found to provide adequate protection by the EU Commission (e.g., Switzerland and Canada), use contractual protections for the transfer of personally identifiable information, or transfer to recipients who have certified to the Privacy Shield or adopted Binding Corporate Rules. For more information about how we transfer personally identifiable information outside of the EEA, or to obtain a copy of the contractual safeguards we use for such transfers, you may contact us as specified below.

 

7. Cookies

 

SV uses cookies to gather information about your visits to the Service in order to enhance your experience.  Through this process, we collect your IP address. A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the Service and that information helps us to understand your preferences and improve your experience with the Service. Cookies are also used for such activities as remembering your user name and password, if necessary. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (such as Mozilla, Firefox, or Internet Explorer). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the Service.

 

8. Website Analytics

 

SV may use Google Analytics and other similar services to help analyze how you use the Service. These analytic services use cookies (as defined in Section 7 above). The information generated by the cookie about your use of the Service is transmitted to the service. This information is then used to evaluate various uses of the Service and to compile statistical reports on Service activity for us, and us alone.

 

9. No Spyware or Adware

 

We do not install any spyware or adware in connection with our Service or distribute any commercial message, or authorize any third party to distribute any commercial message, by means of spyware or adware. “Spyware” or “adware” is any software which has been downloaded to or installed on an Internet user’s computer or device, without the user’s actual consent, and facilitates the distribution of any commercial message to the user. If you feel you may have spyware from another company installed on your machine or device, there are various anti-spyware/adware software applications available on the Internet to identify if this has occurred.

 

10. User Generated Content

 

If you use a Service message board, chat room, instant messenger or post any User Generated Content (as defined in the Terms of Service) you are solely responsible for the content of your messages. You should be aware that when you voluntarily disclose personally identifying Information (for example, your name, street address, email address, or telephone number) on the Service, that information can be read, collected and used by other users of the Service and may result in unsolicited messages, both commercial and otherwise. You agree that by participating in such online public forums, you will not use such forums for any purpose that is unlawful or prohibited by the SV community guidelines that may be in effect from time to time in connection with the Service. We reserve the right to terminate your access to the Service or to take other protective steps if you violate these terms.

11. Privacy Notice for California Residents

 

This notice reflects our understanding of the law as of the date set forth above. We may from time-to-time update information in this and other notices regarding our data practices and your rights, modify our methods for responding to your requests, and/or supplement our response to your requests, as we continue to develop our compliance program to reflect the evolution of the law and our understanding of how it relates to our data practices.

 

A. Applicability and Scope

This California Consumer Privacy Act Notice (“Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”) as a supplement to our other privacy policies or notices. In the event of a conflict between any SV policy (including other sections of this Privacy Policy), statement or notice and this Notice, this Notice will prevail as to Consumers and their rights under the CCPA.

 

This Notice covers the collection, use, disclosure, and sale of Consumers’ “Personal Information” (“PI”) as defined by the CCPA, except to the extent such PI is exempt from the notice obligations of the CCPA.

 

For example, the CCPA does not apply to “protected health information” collected by a “covered entity” or “business associate” as those terms are defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

 

This Notice sets forth our privacy practices as required by the CCPA in those limited circumstances where we are not providing you services that are subject to HIPAA or other applicable law that the CCPA exempts.

 

B. Collection of PI: Categories and Sources, and Purposes for Collection

We have collected PI in the past 12 months in the categories listed below, and may continue to collect PI about Consumers, including:

 

     1. Identifiers


Category of PI

This may include but is not limited to: a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

 

Sources of PI

  • Third party systems and/or services used by Consumers

  • SV’s products and/or services selected by Consumers 

  • Directly from Consumers

  • Activity on SV’s websites

  • Recruiting service providers

  • Employment screening service providers

  • City, State, Federal and other government agencies

 

Business Purposes for PI

  • Delivering Services to Consumers

  • Research and Development

  • Security and Fraud Prevention

  • Auditing transactions, data processing and/or provision of Services

  • Debugging systems and products

  • Sales and marketing for SV’s products and services

  • Consideration of applications for employment by individuals to SV

  • Meeting compliance and regulatory requirements.

 

     2. Personal Records (listed in Cal. Civ. Code § 1798.80(e))


Category of PI

This may include information such as: physical characteristics or description, signature, telephone number, education, employment, employment history, insurance policy number, bank account number, or any other financial information, medical information, or health insurance information.

 

Sources of PI

  • Third party systems and/or services used by Consumers or SV

  • SV’s products and/or services selected by Consumers 

  • Directly from Consumers

  • Activity on SV’s websites

  • Recruiting service providers

  • Employment screening service providers

  • City, State, Federal and other government agencies

 

Business Purposes for PI

  • Delivering Services to Consumers

  • Research and Development

  • Security and Fraud Prevention

  • Auditing transactions, data processing and/or provision of Services

  • Debugging systems and products

  • Consideration of applications for employment by individuals to SV

  • Meeting compliance and regulatory requirements.

 

     3. Consumer Characteristics
 

Category of PI

This may include, but is not limited to: sex, marital status, religion, veteran status, familial status, ethnicity and disability.

 

Sources of PI

  • Third party systems and/or services used by Consumers or SV

  • SV’s products and/or services selected by Consumers

  • Directly from Consumers

  • Activity on SV’s websites

  • Recruiting service providers

  • Employment screening service providers

  • City, State, Federal and other government agencies

 

Business Purposes for PI

  • Delivering Services to Consumers

  • Research and Development

  • Security and Fraud Prevention

  • Auditing transactions, data processing and/or provision of Services

  • Debugging systems and products

  • Consideration of applications for employment by individuals to SV

  • Meeting compliance and regulatory requirements

 

     4. Customer Account Details / Commercial Information
 

Category of PI

This may include, but is not limited to: products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

 

Sources of PI

  • Third party systems and/or services used by Consumers

  • SV’s products and/or services selected by Consumers 

 

Business Purposes for PI

  • Delivering Services to Consumers

  • Research and Development

  • Consideration of applications for employment by individuals to SV

 

     5. Biometric Information
 

Category of PI

This may include information that can be used to establish individual identity, such as  fingerprints and face scans, from which an identifier template can be extracted, and other physical patterns such as sleep, health, or exercise data, that contain identifying info.

 

Sources of PI

  • Third party systems and/or services used by Consumers

  • Timekeeping service providers

  • Web forms submitted through SV’s websites

  • SV’s products and/or services selected by Consumers 

 

Business Purposes for PI

  • Delivering Services to Consumers

  • Research and Development

 

     6. Internet Usage Information
 

Category of PI

This may include, but is not limited to: browsing history, search history, and information regarding your interaction with an Internet Web site, application, or advertisement.

 

Sources of PI

  • Third party systems and/or services used by Consumers

  • SV’s products and/or services selected by Consumers

  • Activity on SV’s websites

  • Data processing and analytics service providers

 

Business Purposes for PI

  • Delivering Services to Consumers

  • Sales and marketing for SV’s products and services

  • Research and Development

  • Security and Fraud Prevention

  • Debugging systems and products

 

     7. Geolocation Data


Category of PI

This may include, but is not limited to: physical location, IP addresses or other geolocation information.

 

Sources of PI

  • Third party systems and/or services used by Consumers

  • SV’s products and/or services selected by Consumers

  • Recruiting service providers

  • Employment screening service providers

 

Business Purposes for PI

  • Delivering Services

  • Security and Fraud Prevention

  • Debugging

 

     8. Sensory Data
 

Category of PI

This may include, but is not limited to: audio recordings of customer calls, electronic, visual, or similar information.

 

Sources of PI

  • Directly from Consumers

 

Business Purposes for PI

  • Delivering Services to Consumers

  • Quality Assurance

  • Providing customer support

 

     9. Professional or Employment Information
 

Category of PI

This may include, but is not limited to: professional, educational, or employment-related information.

 

Sources of PI

  • Third party systems and/or services used by Consumers

  • SV’s products and/or services selected by Consumers

  • Directly from Consumers

  • Recruiting service providers

  • Employment screening service providers

 

Business Purposes for PI

  • Delivering Services

  • Research and Development

  • Consideration of applications for employment by individuals to SV

 

     10. Inferences from PI Collected
 

Category of PI

This may include, but is not limited to: creating a profile about a Consumer reflecting, among other things, the Consumer’s preferences, characteristics, behavior and aptitudes.

 

Sources of PI

  • Performance management systems

  • Recruiting service providers

  • Data processing and analytics service providers

 

Business Purposes for PI

  • Delivering Services to Consumers

  • Research and Development

  • Managing SV’s own employees

 

As permitted by applicable law, we do not treat de-identified data or aggregate consumer information as PI and we reserve the right to convert, or permit others to convert, your PI into de-identified data or aggregate consumer information. We have no obligation to re-identify such information or keep it longer than we need it to respond to your requests. This helps us practice data minimization, which we consider to be a privacy best practice consistent with our mission to respect our employees and customers.

 

C. Sharing of PI

We may share PI with our service providers, other vendors, and affiliates, as may be required in connection with the services that SV or any of its affiliates provides, including without limitation as follows:

 

     1. Identifiers

 

Categories of Service Providers and Third-Party Recipients

  • Third party systems and/or services used by Consumers

  • SV’s products and/or services selected by Consumers

  • Data processing and analytics service providers

  • Employment screening service providers

  • City, State, Federal and other government agencies

 

     2. Personal Record

 

Categories of Service Providers and Third-Party Recipients

  • Third party systems and/or services used by Consumers

  • SV’s products and/or services selected by Consumers

  • Data processing and analytics service providers

  • Recruiting service providers

  • City, State, Federal and other government agencies

 

     3. Consumer Characteristics

 

Categories of Service Providers and Third-Party Recipients

  • Third party systems and/or services used by Consumers

  • SV’s products and/or services selected by Consumers

  • Data processing and analytics service providers

  • Recruiting service providers

  • Employment screening service providers

 

     4. Customer Account Details/Commercial Information

 

Categories of Service Providers and Third-Party Recipients

  • Third party systems and/or services used by Consumers

  • SV’s products and/or services selected by Consumers

  • Data processing and analytics service providers

 

     5. Internet Usage Information

 

Categories of Service Providers and Third-Party Recipients

  • Third party systems and/or services used by Consumers

  • SV’s products and/or services selected by Consumers

  • Website service providers

 

     6. Geolocation Data

 

Categories of Service Providers and Third-Party Recipients

  • Third party systems and/or services used by Consumers

  • SV’s products and/or services selected by Consumers

  • Data processing and analytics service providers

  • Recruiting service providers

  • Employment screening service providers

 

     7. Professional or Employment Information

 

Categories of Service Providers and Third-Party Recipients

  • Third party systems and/or services used by Consumers

  • SV’s products and/or services selected by Consumers

  • Data processing and analytics service providers

 

The business purpose for collecting and sharing personal information is listed above in Section 11.B.

 

D. We Do Not Sell Your PI

It is our good faith belief that to the best of our knowledge we have not sold your PI in 2020 and do not intend to “sell” your PI as defined under the CCPA.

 

E. Your Rights under the CCPA

We provide Consumers with the privacy rights described in this section. You have the right to exercise these rights via an authorized agent who meets the agency requirements of the CCPA and related regulations. As permitted by the CCPA, any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”) via email, phone number or address listed below. This process may consist of, but is not limited to, our verifying your identity through established protocols, or our asking you to confirm information previously submitted to SV.

 

We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI.

 

If we cannot comply with a request, we will explain the reasons in our response. You are not required to create an account with us to make a Verifiable Consumer Request.  We will use PI provided in a Verifiable Consumer Request only to verify your identity or authority to make the request and to track and document request responses, unless you also gave it to us for another purpose.

 

We will make commercially reasonable efforts to identify PI that we collect, process, store, disclose and otherwise use and to respond to your Consumer privacy rights requests. We reserve the right to direct you to where you may access and copy responsive PI yourself. We will typically not charge a fee to fully respond to your requests; provided, however, that we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded or overly burdensome. If we determine that the request warrants a fee, or that we may refuse it, we will give you notice explaining why we made that decision. You will be provided a cost estimate and the opportunity to accept such fees before we will charge you for responding to your request.

 

Consistent with the CCPA and our interest in the security of your PI, we will not deliver to you your social security number, driver license number or other government-issued ID number, financial account number, any health or medical identification number, an account password, or security questions or answers in response to a CCPA request; however, you may be able to access some of this information yourself through your account if you have an active account with us.

 

Your Consumer privacy rights are as follows:

 

The Right to Know

You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:

  • The categories of PI we have collected about you.

  • The categories of sources from which we collected your PI.

  • The business or commercial purposes for our collecting or selling your PI.

  • The categories of third parties to whom we have shared your PI.

  • The specific pieces of PI we have collected about you. You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining. Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.

  • A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.

  • A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:

    • The categories of your PI we have sold.

    • The categories of third parties to which we sold PI, by categories of PI sold for each third party.

 

Not Sell

As noted above, we do not sell your PI.  Accordingly, we do not offer an opt-out to the sale of personal data.

 

Delete

Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Our retention rights include, without limitation, to complete transactions and service you have requested or that are reasonably anticipated, for security purposes, for legitimate internal business purposes, including maintaining business records, to comply with law, to exercise or defend legal claims, and to cooperate with law enforcement.  Note also that we are not required to delete your PI that we did not collect directly from you.

 

Non-Discrimination and Financial Incentive Programs

We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights.

 

Exclusions

Notwithstanding anything to the contrary, we may collect, use and disclose your PI as required or permitted by applicable law and this may override your CCPA rights. In addition, we need not honor any of your requests to the extent that doing so would infringe upon our or any other person or party’s rights or conflict with applicable law.

 

Additional California Notices

If you are a resident of California, pursuant to California Civil Code Section 1798.83, you may request information regarding our disclosure of your personal information (as defined by California’s “Shine the Light” law) to a third party for that party’s direct marketing purposes. Any such disclosure made to a third party by us would be otherwise in accordance with the terms of this Privacy Policy.

 

Contact Information and Making Requests

SV welcomes questions and comments about this Notice and your California privacy rights. Questions, comments and requests should be directed to SV’s privacy policy compliance department:

 

Via email: contactus@sempervirensvc.com

Via phone: 1-800-467-8916

Via U.S. Mail:
SemperVirens Ventures LLC

1850 Gateway Drive

Suite 700

San Mateo, CA 94404

 

12. Retention of Your Personally Identifiable Information

 

The personally identifiable information that you provide will be stored and maintained by SV until you instruct us otherwise, or, in SV’s sole discretion, for the longer of: (a) for so long as is necessary or appropriate to carry out the purpose(s) for which such information was collected and (b) for so long as we are required to maintain such information by law or other applicable rules or regulations.

 

13. Children’s Privacy

 

SV recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. The Service is not intended for children under the age of 16. SV does not target its Service to children under 16. SV does not knowingly collect personally identifiable information from children under the age of 16.

 

14. Choice and Opt-Out Preferences

 

If you decline to share certain personally identifiable information with us, we may not be able to provide to you some of the features and functionalities of our Service. If, at any time, you prefer not to receive further email communications from SV (except in connection with information, products or services that you specifically request), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast email that is sent to you by SV. If, at any time, you prefer not to receive any other form of communication from SV, you will have the ability to unsubscribe from such communications by contacting us at: contactus@sempervirensvc.com.

 

If you have an account with us, you consent to the electronic delivery of all documents and notices regarding your account. You also confirm that you have the ability, necessary equipment and software to access and view any documents or notices we send you. You are entitled to withdraw your consent to electronic delivery at any time by emailing us at contactus@sempervirensvc.com. Should you withdraw your electronic delivery consent, you are entitled to receive a paper copy of all required notices and documents.  Some notices and documents which we are not required to provide you will not be sent to you should you withdraw your consent to electronic delivery.

 

15. Access and Accuracy

 

SV will use commercially reasonable efforts to provide access to your personally identifiable information if you request such access in writing submitted to: contactus@sempervirensvc.com. If you believe that the personally identifiable information maintained by SV about you is inaccurate or incomplete, you may notify SV in writing describing in details any inaccuracies or omissions, submitted to: contactus@sempervirensvc.com. Following receipt of such a properly submitted written notice, SV will, within 30 days, use commercially reasonable efforts to amend or correct your personally identifiable information to reflect corrected or additional information provided by you.

 

16. European Privacy Rights

 

SV is committed to processing personal data of users in the EEA or the United Kingdom lawfully and to facilitating the exercise of such rights grants granted by the General Data Protection Regulation (“GDPR”). You may contact us at contactus@sempervirensvc.com to discuss your privacy concerns.

 

SV only collects and uses personal data of EU or EEA residents when there is a fair and legal basis and/or when you have consented to our collection or use of such personal data. 

 

If you are located in the EEA or the United Kingdom, you have the right to access the personally identifiable information we hold about you. In addition, you have the right to ask that we rectify any errors in your personally identifiable information when it is incorrect or inaccurate, and to exercise your right to erasure, portability and to restriction of processing when these rights are not incompatible with other legal obligations. For all marketing communications, you can opt-out any time and free of charge. The right to object for other processing activities will be balanced to ensure that it is not incompatible with local regulations or our legitimate interests.  Any such requests will be addressed within 30 days. Please note that, prior to any response to the exercise of such rights, we may require you to verify your identity. In addition, we may have valid legal reasons to refuse your request, and will inform you if that is the case.  You also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work, or place of the alleged infringement.

 

17. Your Acceptance of This Privacy Policy and Revisions to This Privacy Policy

 

Upon signing up for the Service, you affirmatively consented to the terms of this Privacy Policy. If you do not agree to this Privacy Policy, you may not use the Service. SV reserves the right, in our discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time and we will provide notice of those changes to you. We urge you to review this Privacy Policy frequently for changes. Your continued use of the Service means that you accept those changes. 

 

18. Questions or Comments

 

SV welcomes questions and comments about this Privacy Policy. For CCPA-related requests, you may contact us as provided in Section 10 of this Privacy Policy.  All other questions or comments should be directed to SV’s privacy policy compliance department:

 

Via email:  contactus@sempervirensvc.com

 

Via phone: 1-800-467-8916

 

Via U.S. Mail:

SemperVirens Ventures LLC
1850 Gateway Drive
Suite 700
San Mateo, CA 94404

 

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