Privacy Notice for California Residents

Last updated: July 17, 2023

Rainbow Companies (“Rainbow,” “we,” or “us”) and our subsidiaries (including Rainbow Ecoscience, Growth Solutions, West Coast Growth Solutions, and VerdeCare) understands the importance of your privacy and we take our responsibility to protect your information seriously. This Privacy Notice for California Residents (“Notice”) supplements the information in the Privacy Policy posted on our website. This Notice provides a description of our online and offline practices regarding the collection, use, and retention of personal information. This policy applies to the personal information we collect from California residents who use our websites (including rainbowcompanies.com, rainbowecoscience.com, growthsolutions.com, and verdecare.com), communicate or request information from us, or otherwise interact with us.

This Notice explains our online and offline collection, processing, and disclosure of “personal information” relating to California consumers. Specifically, this Notice applies to our processing activity when we are acting as a “business” under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA”)—meaning that we control the purposes and means of processing your personal information. Some of the personal information we collect may be exempt from some or all of the requirements under the CCPA. Please read this Notice carefully before sharing information with us so you understand our practices regarding your information.

If you are a job applicant that resides in California, please review our Privacy Notice for California Job Applicants to learn more about our practices with respect to the collection, use, and disclosure of the personal information of job applicants.

Information We Collect and Disclose

As defined by the CCPA, “personal information” includes any 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 or household. Personal information does not include information that is:

• Lawfully made available from government records;
• We have a reasonable basis to believe is lawfully made available to the general public by the consumer or from widely distributed media, or by the consumer;
• Made available by a person to whom the consumer has disclosed the information if the consumer has not restricted the information to a specific audience;
• Lawfully obtained, truthful information that is a matter of public concern;
• Deidentified or aggregate consumer information; or
• Information excluded from the CCPA’s scope, including personal information covered by certain sector-specific privacy laws such as the Fair Credit Reporting Act.

In the past 12 months, Rainbow has collected the following categories of personal information from consumers and disclosed such information to the following categories of third parties for the business purposes described below.

Please note that we may also use, disclose, or transfer your information in connection with the sale, merger, dissolution, restructuring, divestiture, or acquisition of our company or its assets. We may also disclose your personal information in response to a court order, subpoena, search warrant, law, or regulation.

How We Collect Your Information

Rainbow collects the categories of personal information listed above from the following sources:

• Direct collection: We collect information directly from you when you choose to provide it to us by filling out forms on our website, engaging in transactions with us, purchasing products, signing up to receive promotional or informational communications from us, using our services, communicating with us about our services or products, or otherwise directly providing the information to us.  
• Indirect and technology-based collection: We also collect certain information from you indirectly when you visit, use, or navigate our website or mobile application. Rainbow collects certain identifiers (such as IP addresses) and internet and similar network activity (such as website usage data) from you indirectly using cookies, pixels, and passive tracking technologies, as described in our Privacy Policy.
• Collection via social media: We may collect personal data about social media users, including basic user profile information (such as username), user-generated content (such as posts, comments, pages, profiles, or feeds) and associated metadata (such as time and location of a post or comment); contact details (such as name, email address, telephone number if made public by the user); and additional individual information published by the user (such as employer, profession, age, location, education information, habits, etc.). The type and scope of personal data obtained from social media platforms depends on the type of APIs and permissions set out by the respective platforms and the administrative permissions granted by individuals, where applicable.
• Third-party collection: From time-to-time, we may obtain marketing or lead lists from third party vendors or from our affiliates and business partners. We use these, for example, to send you marketing communications.

Sensitive Personal Information

Rainbow does not collect “sensitive personal information” (as defined by the CCPA) for the purposes of inferring characteristics about California consumers. Accordingly, Rainbow treats any such information as “personal information” consistent with applicable provisions of the CCPA.

Use of Personal Information

• We collect and use your personal information for the following business or commercial purposes (as well as any other purposes as set forth in our Privacy Policy).  
• Providing and optimizing your experience on our website and ensuring that our content is presented to you in the most effective manner.  
• Providing our services and fulfilling transactions with you or your organization, including scheduling and providing our services, processing and shipping orders for products, processing payments, and managing the business relationship and transaction process.
• Fulfilling our contracts with our business partners and customers who may have contracted with us to provide you with services or products.  
• Communicating with you and responding to your inquiries about our services, our products, or our website, including to provide you with promotional and informational communications, informing you about new services or products, updating you about changes to our services, and investigating any concerns you may have.
• Developing, updating, and improving our services and products, customer service, customer experience, and marketing efforts, and otherwise improving our knowledge and insights regarding actual or potential customers and business partners.
• Preventing and detecting fraud, financial crime, hacking activities, security breaches, and other unlawful activities in connection with Rainbow or our services and products, or our affiliates and their services.
• Enforcing our agreements and complying with our legal or regulatory obligations.
• Performing other functions as otherwise described to you at the time of collection or to which you otherwise consent.

Sale or Sharing of Personal Information

In the past 12 months, Rainbow has not “sold” any categories of personal information or “shared” any such information for the purposes of cross-context behavioral advertising. Likewise, Rainbow does not have actual knowledge of any sales or sharing of personal information regarding minors under 16 years of age.

Applicable Retention Periods

For each category of personal information identified above, Rainbow will only retain such information only for as long as necessary to fulfill your requests or the purposes for which it was obtained, as set forth in this Notice. The criteria used to determine our retention periods include (i) for as long as we have an ongoing relationship with you, (ii) as required by a legal obligation to which we are subject, and (iii) as necessary to resolve any disputes or enforce our legal agreements with you.

Your Rights Under the CCPA

The CCPA provides California residents with the rights discussed below. For convenience, and as required by the CCPA, we explain how you can exercise those rights, to the extent they are applicable.

1. Right to Request Information. You have the right to request that we disclose certain information about our collection and use of your personal information during the past twelve (12) months. Specifically, you may request that we disclose:
   • The categories of personal information we collected about you;
   • The categories of sources for the personal information we collected about you;
   • The business and commercial purposes for collecting your personal information;
   • The categories of third parties to whom we disclose your personal information;
   • The specific pieces of personal information we collected about you; and
   • If we disclosed your personal information for a business purpose, the categories of personal information received by each category of third party.
2. Right to Data Portability. You have the right to request that we provide copies of the specific pieces of personal information we collected about you. If a verifiable consumer request is made, and subject to any exceptions or limitations under the CCPA, we will take steps to deliver the personal information to you either by mail or electronically. If we provide the information to you electronically, it will be in a portable and readily useable format, to the extent technically feasible. Consistent with the CCPA and our interest in the security of your personal information, we will describe but may not provide copies of certain personal information we may receive from you (e.g., driver’s license number, other government-issued identification number, financial account number, health or medical identification number, account password, or security questions or answers) in response to a CCPA request, to the extent any of those items are in our possession.
3. Right to Request Deletion. You have the right to request that we delete personal information we collected from you, subject to any exceptions or limitations under the CCPA.
4. Right to Correct Inaccurate Information. If we maintain inaccurate personal information about you, you have the right to request that we correct that inaccurate personal information, taking into account the nature of the personal information and the purposes of the processing of the personal information.
5. Right to Opt-Out. Consumers in California have the right to opt-out of (i) the sale of personal information, and (ii) the sharing of their personal information for the purposes of cross-context behavioral advertising (as defined in the CCPA). Because Rainbow does not “sell” or “share” personal information, these rights are not available.

Exercising Your Rights

To exercise the rights described above, you—or someone authorized to act on your behalf—must submit a verifiable consumer request to us by sending an e-mail to: info@rainbowcompanies.com with the subject line: “CCPA Request” or calling us at 833-518-0164. Your request must include your name, e-mail address, mailing address, phone number, the nature of your inquiry and the context in which we may have received your information. If you are an agent submitting a request on behalf of a consumer, we may request that you submit a signed permission from the consumer authorizing you to make the request. In order to protect the privacy and data security of consumers, the verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative of such consumer; and  
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
• As indicated above, please be aware that the CCPA provides certain limitations and exceptions to the foregoing rights, which may result in us denying or limiting our response to your request.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. We may also request that you provide additional information if needed to verify your identity or authority to make the 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 or the consumer on whose behalf you are making the request.

Response Timing and Format

The CCPA requires us to respond to a verifiable consumer request within forty-five (45) days of its receipt; however, we may extend that period by an additional 45 days. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response via e-mail. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request, provided that you may request disclosure beyond the 12-month period as permitted by the CCPA. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select the format of our response; the format will be readily useable and should allow you to transmit the information from one entity to another. We will not charge a fee to process or respond to a verifiable consumer 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 the request.

Our Commitment Not to Discriminate

Consistent with the CCPA, we will not discriminate against you for exercising any of your CCPA rights by:  

• Denying you goods or services.  
• Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.  
• Providing you a different level or quality of goods or services.  
• Suggesting that you may receive a different price or rate for goods or services, or a different level or quality of goods or services.

Data Sharing or Direct Marketing Purposes

California Civil Code § 1798.83 (California’s Shine the Light Act) further permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident, you may ask us to refrain from sharing your personal information with certain of our affiliates and other third parties for their marketing purposes. Please tell us your preference by contacting us at the contact information below.

Changes to this Notice

We reserve the right to amend this Notice at our discretion and at any time. If there are changes to this Notice, we will post them here and update the “Last Updated” date at the top of this document. Continued use of this website after any changes is deemed to be acceptance of those changes. Please check this page periodically for updates.

Contact Information

If you have any questions or comments about this Notice, please contact us using the following information.

Rainbow Companies
Attn: Customer Service Manager
Address: 11571 K-Tel Drive, Minnetonka, MN 55343
Phone: 833-518-0164
Email: info@rainbowcompanies.com