California Employment Information Privacy Statement

Petal California Employment Information Privacy Statement

This California Employment Information Privacy Statement applies to any employee, contractor, job applicant, or prospective employee of Petal Card, Inc. (“we”, “us”, “our”, or “Petal”) who is a California resident and about whom we have collected personal information in the course of employment or application for employment (collectively, “you”). This section explains how Petal may collect, use, and disclose personal information subject to the California Consumer Privacy Act and California Privacy Rights Act (together, the “CCPA”). It also describes the privacy rights of California residents under the CCPA and how they can exercise those rights.

What Personal Information is Covered by the CCPA? 

Under the CCPA “personal information” 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 California consumer/resident or household.  Personal information does not include publicly available information, or lawfully obtained, truthful information that is a matter of public concern, information that has been de-identified, aggregate consumer information, or information that does not fall within the definition of personal information above.

The CCPA does not apply to certain information that is already regulated by federal or state employment and/or labor laws, and to certain information that is already regulated by federal or state privacy laws, such as information subject to the Gramm-Leach-Bliley Act (GLBA), the Fair Credit Reporting Act (FCRA), and certain other state or federal privacy laws. 

Similarly, this section does not apply to information we collect about individuals who seek, apply for, or obtain our financial products and services for personal, family, or household purposes, which is subject to our General Privacy Policy, U.S. Consumer Privacy Notice, or other financial privacy notice applicable to the Petal Website, Services, or products that you visit or use. 

Categories of Personal Information We Collect 

In the past 12 months, we have collected the following categories of personal information, as defined in the CCPA, relating to California residents. The categories of personal information that we collect, use, and disclose about a California resident will depend on our specific relationship or interaction with that individual. The examples provided in each category below include both financial and non-financial information and are for illustrative purposes only.

Please note that because of the overlapping nature of certain of the categories of personal information identified above, which are required by state law, some of the personal information we collect may be reasonably classified under multiple categories.

The personal information of California residents that we collect or use will be retained for the length of time as required by applicable state or federal laws or regulations, or in accordance with an applicable Petal policy.  

Sensitive personal information.  Certain of the above personal information is considered “sensitive personal information” under California law.  This includes:

• Social security number, driver’s license, state identification card, or passport number
• A consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account
• A consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership
• A consumer’s precise geolocation
• The contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication
• Personal information collected and analyzed concerning a consumer’s health
• Personal information collected and analyzed concerning a consumer’s sex life or sexual orientation

Petal will not retain any information we collect from you for longer than is reasonably necessary for the disclosed purpose of using such information. Our determination of precise retention periods will be based on (i) the length of time we have an ongoing relationship with you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

Categories of Sources of Personal Information 

In the past 12 months, we have collected personal information relating to California residents from the following sources:

 Purposes for which we use personal information

We may use personal information relating to California residents for one or more of the following business or commercial purposes:

• Administering payroll, benefits, and expense reimbursements
• Applying for employment (including screenings, interviews, and background checks)
• Engaging with certain customers, vendors and partners
• Inclusion in events and employee resource groups
• IT and systems operations, maintenance, and security
• Onboarding and related compliance with employment law, work authorization
• Legal compliance, risk management, and audit
• Protecting the legal rights, safety, privacy, and property of us and others
• Tax and other government filing requirements
• Training
• Workforce communications (including emergency contacts)
• Workforce management (e.g., performance reviews; evaluations; internal investigations)
• Carrying out our legal and business purposes, such as complying with federal, state, or local laws, responding to civil, criminal, or regulatory lawsuits or investigations, exercising our rights or defending against legal claims, resolving complaints and disputes, performing compliance activities, performing institutional risk control, and otherwise operating, managing, and maintaining our business

• Preventing and detecting security incidents, preventing and protecting against malicious, deceptive, fraudulent, or illegal activity
• Undertaking internal research and data analysis for diversity, equity, and inclusion purposes
• As otherwise disclosed to you at or before the point of collecting your personal information

Disclosure of Personal Information 

In the past 12 months, we have disclosed each of the above-listed categories of personal information concerning California residents for the business purposes identified above to one or more of the following categories of third parties and service providers:

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In the past 12 months, we have not shared or sold personal information or sensitive personal information relating to California residents in a manner that we consider “sharing” or “selling” as those terms are defined by the CCPA. 

Privacy Rights Under the CCPA 

If you are a California resident, you have the following rights under California law with respect to the personal information described above, to the extent such information (i) was collected during the 12-month period immediately preceding your request and (ii) is not already subject to privacy and security measures applied under federal law:

• Right to Know.  You have the right to request the following information from us about our use of your personal information: (1) the specific pieces of personal information that we have collected about you; (2) the categories of personal information we have collected about you; (3) the categories of sources from which your personal information was collected; (4) the categories of personal information that we have, shared, sold or disclosed; (5) the categories of third parties to whom we have, shared, sold or disclosed your personal information; and (6) the purpose for collecting, sharing, or selling your personal information.

• Right to Correct Inaccurate Personal Information.  You have the right to request the correction of your personal information that is inaccurate. 

• Right to Delete.  You have the right to submit a request for deletion of personal information under certain circumstances, although there may be legal or other reasons that Petal will retain your information.

• Right to Opt-Out of Sale/Sharing.  You have the right to opt-out of the sale/sharing of your personal information by us, as those terms are defined by the CCPA.  However, as stated above, we do not sell/share your personal information.

• Right to Limit Use and Disclosure.  You have the right to limit the use or disclosure of your sensitive personal information to only the uses necessary for applicant or employment purposes, or for certain other authorized purposes. 

• Right to Non-Discrimination.  You have the right not to receive discriminatory treatment by us for the exercise of the privacy rights described above.

These rights are subject to various exclusions and exceptions under applicable laws and are also subject to our being able to reasonably verify your identity and authority to make a request.  To facilitate this verification, you must provide us with your full legal name and mailing address, and we may need to request further information.  

You may designate an authorized agent to make a CCPA request on your behalf by completing the Consumer Request form and also submitting the California Authorized Agent Designation form. If we have collected information on your minor child, you may exercise the above rights on behalf of your minor child. As the Petal Card is intended only for individuals ages 18 or older, we do not intentionally collect information about minors.

If you are a California resident and wish to seek to exercise the California privacy rights set forth above, please contact us at support@petalcard.com or click here to submit a request through our interactive form.

Under California Civil Code sections 1798.83-1798.84, California residents are also entitled to ask us for a notice identifying the categories of personal customer information that we share with affiliates and/or third parties for their own direct marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to Petal Card, Inc., MSC – 166931, P.O Box 105168, Atlanta, GA 30348-5168.

We will continue to update our business practices as direct regulatory guidance becomes available.  

We may change or update this California Employment Information Privacy Statement in the future. When we do, we will post the revised section on our website. This section was last updated and became effective on the date posted at the top of this page.