Effective Date: January 1, 2023

This PRIVACY NOTICE FOR CALIFORNIA EMPLOYEES of Talking Rain Beverage Company, Inc. (“Talking Rain,” “we,” “us,” or “our”) applies solely to current, former and prospective employees who reside in the State of California (“Rain Makers,” “employees” or “you”). We adopt this notice to comply with the California Privacy Rights Act (“CPRA”) and other California privacy laws. Any terms defined in the CPRA have the same meaning when used in this notice.

 

Employee CPRA Rights

Under California law our California Rain Makers (and prospective Rain Makers) have the following rights:

• The right to receive disclosure about our Information Collection Practices. This disclosure is provided below.
• The right to receive disclosure about our Information Disclosure Practices. This disclosure is provided below.
• The right to tell us not to sell your personal information. Talking Rain does not sell your personal information.
• The right to tell us not to share your personal information for behavioral or cross-context marketing purposes. Talking Rain does not share your personal information for this purpose.
• The right to tell us not to process your Sensitive Personal Information for purposes other than the purposes for which it was originally collected. Talking Rain only processes Sensitive Personal Information for the purpose for which it was originally collected.
• The right to request that we correct information that is incorrect. Please see below for how to exercise this right.
• The right to request a copy of Personal Information we collected about you during the past 12 months or, at your option, since January 1, 2022, subject to certain exceptions. Please see below for how to exercise this right.
• The right to request that we delete Personal Information subject to certain exceptions. Please see below for how to exercise this right.

 

Personal Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or device (“personal information”). We collect and use personal information for human resources, employment, benefits administration, health and safety, and business- related purposes and for compliance purposes. Below are the categories of personal information we collect about Rain Makers:

 

Category	Examples	Collected from employee/applicants
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 Protected under 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, education, employment, employment history, bank account number, medical information. Some personal information included in this category may overlap with other categories.	YES
C. Protected anti-discrimination classification         characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, marital status, medical condition, physical or mental disability, sex (including gender, pregnancy or childbirth and related medical conditions), veteran or military status, requests for leave.	YES

D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies (e.g., in connection with travel or other reimbursements, or purchases from Talking Rain directly).	YES
E. Biometric information.	NOT COLLECTED	NO
F. Internet or other similar network activity.	Browsing history, search history, information on your interaction with company systems, websites, applications, etc.	YES
G. Geolocation data.	Physical location or movements, such as device location from usage of Talking Rain devices, or GPS features when opted-into in company vehicles.	YES
H. Sensory data.	NOT COLLECTED	NO
I. Professional or employment- related information.	Current or past job history or performance evaluations including information related to work history and prior employers.	YES
J. Non-public education information	NOT COLLECTED	NO
K. Sensitive Personal Information	Social Security, driver’s license, state identification card, or passport number, account log-in in combination with any required security or access code, password, or credentials allowing access to an account, racial or ethnic origin.	YES
L. Inferences drawn from other personal information.	NOT COLLECTED	NO

Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated employee information.

 

Information Collection Practices: How We Collect and Use Personal Information of Employees

Talking Rain collects the above categories of Personal Information directly from employees; and some from third parties such as staffing partners and employment application references.

We use Personal Information to:

• Comply with all applicable laws and regulations.
• Recruit and evaluate job applicants and candidates for employment based on skills and experience
• 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 accounts;
  • 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 potential breaches of Talking Rain policies and procedures.
• Engage in corporate transactions requiring review of employee records, such as for evaluating potential mergers and acquisitions of Talking Rain.
• Maintain commercial insurance policies and coverages, including for workers’ compensation and other liability insurance.
• Perform workforce analytics, data analytics, and benchmarking.
• Administer and maintain Talking Rain’s operations, including for safety purposes.
• Exercise or defend the legal rights of Talking Rain and its employees, affiliates, customers, contractors, and agents.
• We use and process Sensitive Personal Information to comply with laws including anti-discrimination laws and disability accommodation laws.
• Any other purpose authorized by the CPRA, California, or Federal law.

 

Employee Information Disclosure Practices

Talking Rain may disclose Personal Information of employees for a business purpose to service providers or contractors who assist us in administering our workforce including benefits providers; payroll and expense administrators; worker’s compensation vendors and government agencies; professional advisors such as attorneys, auditors and accountants; and, where appropriate, law enforcement or government regulators.

We do NOT sell employee Personal Information.

We do NOT share employee Personal Information with third parties for behavioral or cross-context marketing purposes.

 

Data Retention

Talking Rain retains the information it receives about you for a period of seven years, unless a shorter or longer period is required by California or Federal law.

 

Processing Employees Sensitive Personal Information

We do NOT process Sensitive Personal Information for purposes other than the purpose for which it was originally collected.
How to request correction of your information

If you believe that information that we hold about you is incorrect or needs to be updated, please contact [email protected] or call 425-441-4336.  You can make this request at any time. We will acknowledge receipt of your request within 10 business days and we will correct your information promptly (and at least within 45 days) after verifying your request.

 

How to request a copy of your information

If you would like to receive a copy of the information collected about you during the past 12 months (or at your option, since January 1, 2022) please contact [email protected] or call 425-441-4336. Certain information will not be released to you because of legal restrictions or because the information is used for security purposes. You may make this request up to twice in any calendar year. We will acknowledge receipt of your request within 10 business days and provide a copy of your information in an easily readable format within 45 days. If we need an additional 45 days to compile your information we will let you know.

 

How to request deletion of your information

If you would like for us to delete information that we are permitted by law to delete, please contact [email protected] or call 425-441-4336. We are not permitted to delete information that we need in order to operate our business, administer our employees, protect our legal obligations and rights, or to provide security for our employees, our systems and our company. You may make this request up to twice in any calendar year.  We will acknowledge receipt of your request within 10 business days and honor your request within 45 days. If we need an additional 45 days to respond we will let you know.

 

Non-Discrimination

We will not discriminate against you as a result of your exercise of any of these rights.

 

Questions

If you have any questions about this Notice or need to access this Notice in an alternative format due to having a disability, please contact [email protected] or 425-441-4336.

 

Changes to This Notice

We reserve the right to amend this Notice at our discretion at any time. When we make changes to this Notice, we will post the updated notice on our website and update the Notice’s effective date.