CA privacynotice

AGC Construction Education Foundation Privacy Notice for California Residents

Effective Date: January 1, 2024

Last modified: January 8, 2024

This Privacy Notice for California Residents supplements the information contained in AGC Construction Education Foundation (“AGC CEF”)’s Website Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). The terms used in this notice have the same meaning as they are used in the California Consumer Privacy Rights Act of 2018, as amended by the California Privacy Rights Act of 2020.

Personal Information We Collect

Our Website may collect personal information (including sensitive personal information) that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, AGC CEF’s Website has collected the following categories of Personal Information and Sensitive Personal Information from its 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, reproductive health decision-making, veteran or military status, genetic information (including familial genetic information).	YES
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	NO
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.	NO
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	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.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO

For each visitor to our Website, the web server automatically recognizes the user’s domain name, IP address, and certain information about the user’s equipment (e.g., type of browser, screen resolution, support for Java). Our server does not automatically record or recognize user-specific, personal information. Such information (e.g., e-mail address, telephone number, title, subject interests) is collected by our server only when volunteered by the user (e.g., when a user uses the site to register for a meeting, purchase a product, or complete or revise a user profile) and is recognized by the server only if the user logs in. We use “cookies” only to store user preferences and to record session information (e.g., user password, items added to a shopping cart).

Sensitive Personal Information

Sensitive personal information is a subtype of personal information consisting of specific information categories. While we collect information that falls within the sensitive personal information categories listed below, the CCPA/CPRA does not treat this information as sensitive because we do not collect or use it to infer characteristics about a person. Our Website may collect the following categories of sensitive personal information:

Racial or ethnic origin
Sexual Orientation Information

AGC CEF uses the Sensitive Personal Information it collects for purposes of generating and evaluating aggregated demographic information for its outreach and educational efforts, which aggregated information is used internally to evaluate AGC CEF’s programming, and shared with grant and industry partners for the same purpose. We will not sell your personal information, including any sensitive personal information, we collect or share it with third parties for cross-context behavioral advertising.

Use of Collected Information

AGC CEF’s primary objective in collecting user information is to provide the best member and customer service possible. The purpose of the data collection is to provide educational and career development and advancement resources to those who request it and/or provide data. User-specific information that is provided by the user is normally incorporated into AGC CEF’s general database of members and other contacts. AGC CEF uses information in that database, and shares some information in the database with AGC CEF chapters and third parties. AGC CEF occasionally shares some collected information with member and nonmember individuals and entities. AGC CEF generally does not sell or trade personal information or sensitive personal information to third parties for commercial use, including for cross-context behavioral advertising.

We may use or disclose the personal information we collect for one or more of the following business purposes:

To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to 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.
To apprenticeship programs and employers for purposes of education and training only.
To generate aggregated demographic information for our outreach efforts and educational programming which is used internally and shared with grant partners for evaluation and planning purposes.
To provide, support, personalize, and develop our Website, products, and services.
To create, maintain, customize, and secure your account with us.
To process your requests, purchases, transactions, and payments and prevent transactional fraud.
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 .
AGC CEF will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Data Retention

AGC CEF retains the information it receives about you for a period of (INSERT), unless a shorter or longer period is required by California or Federal law.

Sharing Personal Information

AGC CEF may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

AGC CEF does not share personal information or sensitive personal information to third parties for commercial use, including for cross-context behavioral advertising , and has not shared personal information for those purposes in the preceding twelve (12) months.

Sales of Personal Information

AGC CEF does not sell your personal information or sensitive personal information, and has not sold personal information or sensitive personal information in the preceding twelve (12) months.

Access to Specific Information and Data Portability Rights

You may request that AGC CEF disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Requesting Access, Data Portability, Correction, and Deletion), 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 or selling 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).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You may request that AGC CEF delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Requesting Access, Data Portability, Correction, and Deletion), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

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, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
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.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Requesting Access, Data Portability, Correction and Deletion

Correction Requests

You may request that AGC CEF correct any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Requesting Access, Data Portability, Correction, and Deletion), we will correct (and direct our service providers to correct) your personal information from our records, unless an exception applies.

Requesting Access, Data Portability, Correction, and Deletion

To request that AGC CEF provide you with access and/or data portability, or correct or deletion your information as described above, please submit a verifiable consumer request to us by calling us at (916) 371-2422.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. 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.

Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

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.

Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In .

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your 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 your request.

Personal Information Sales Opt-Out and Opt-In

If you are 16 years of age or older, you may direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by sending an email to info@buildcalifornia.com. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by sending an email to info@buildcalifornia.com.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of the rights described above. 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.
However, we may offer you certain financial incentives permitted by the CCPA/CRPA that can result in different prices, rates, or quality levels. Any permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write us at:

AGC Construction Education Foundation

3095 Beacon Boulevard

West Sacramento, CA 95691

Changes to Our Privacy Notice

AGC CEF reserves 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 AGC collects and uses your information described below and in the Website Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone:(916) 371-2422

Email: info@buildcalifornia.com

Postal Address:

AGC Construction Education Foundation

3095 Beacon Boulevard

West Sacramento, CA 95691