At West Valley Construction Company, Inc. (“us,” “we,” “our,” or “WVCC”), we recognize that your privacy is very important, and we take it seriously. Please read this privacy policy (“Privacy Policy” the “Policy”) carefully to get a clear understanding
of how we collect, use, protect, and otherwise handle your Personal Information or data. Please check back regularly to keep track of any updates.

We care about your privacy and want to be transparent about our privacy practices. We only collect Personal Information necessary for administration of our applicant, employment and business operations relationships and handle it carefully and sensibly.

This Privacy Policy explains our privacy practices for https://westvalleyconstruction.com/ (the “Website”) and collection of Personal Information from employment and independent contractor (collectively, “Employees”) applicants (“Applicants”), Employees
and business to business partners. This Policy describes what Personal Information we collect of our customers and website visitors. The Policy also defines why and how we collect, use, and store such Personal Information or whether any information
is shared with the third-party sources. The Policy also addresses rights consumers have under the California Consumer Privacy Act as amended by the California Privacy Rights Act (the “CCPA”).

WVCC is a corporation registered and existing under the laws of California, USA, with registered address: 603 Campbell Technology Parkway, Campbell, CA 95008, and is the data controller of the Personal Information we collect from you. If you have any
questions, comments or concerns about any aspect of our Privacy Policy, please contact us using the details set out in the “How to Contact Us” in Section 13 at the end
of this Privacy Policy.

Below you will find information about the following:

  1. Information Collected on Website and Its Use
  2. Information We Collect From or About Employees or Contractors and Its Use
  3. Purpose of Data Processing
  4. Security Measures
  5. Retention Periods
  6. California Residents Privacy Rights
  7. Children’s Online Privacy Act and Age Restrictions
  8. Fair Information Practices
  9. Transferring Your Data
  10. CCPA Specific Matters For Applicants and Employees
  11. Changes to the Privacy Policy
  12. Acceptance of Terms
  13. How to Contact Us

 

 

INFORMATION COLLECTED ON WEBSITE AND ITS USE:

The Website, in accordance with the cookie statement therein, collects cookie Personal Information from visitors in accordance with their consent through a click through application. The sole purpose of such collection is to enhance the visitors experience
on the Website. Such information is not sold, shared or disclosed.

The Website also has a “contact” portal pursuant to which you may voluntarily provide Personal Information including name, phone number and email address which results in the collection of such Personal Information. The sole purpose of such collection
is to enable WVCC to contact you for whatever business purpose you identify. Such information is not sold, shared or disclosed.

WVCC does not collect Personal Information about consumers except when provided on a voluntary basis as reflected above. As noted, any Personal Information collected will not be sold or otherwise transferred to unaffiliated third parties and will not
be used by WVCC for any purpose other than requested by you. While we do not sell or transfer user information, WVCC cannot guarantee that any information submitted through the Website will remain confidential and secure. Therefore, WVCC advises against
sending any information that you consider “confidential, sensitive or proprietary”. If you wish to send information that you deem “confidential, sensitive or proprietary” you are recommended to reach out to the WVCC Information Technology team to
leverage a secure transmission platform.

Personal Information collected on the Website may be retained indefinitely.

 

INFORMATION WE COLLECT FROM OR ABOUT EMPLOYEES AND CONTRACTORS AND ITS USE:

Employee Applicants, Employees and Independent Contractor Workforce Applicants and Members are provided with a California Privacy Rights Act Notice of Collection (the “Notice”) prior to providing any Personal Information to WVCC, which Notice is incorporated herein by reference.

The Notice outlines the Personal Information collected, its use and WVCC’s retention policies with respect thereto. If you are a prospective Applicant and do not want your Personal Information to be collected, used or retained as set forth in the Notice, do not apply to WVCC for an Employment or Independent Contractor relationship.

As reflected above, Personal Information is in some cases collected from the Website. Most often, Personal Information is collected directly from Applicants, Employees or Independent Contractors. In some cases, as required by WVCC’s customers, Personal
Information is collected from third parties as part of background checks. Personal Information is also collected from third parties as the result of drug and/or alcohol testing. Personal Information is also collected from governmental agencies such
as the Department of Motor Vehicles.

Ensuring your privacy is important to us. All Personal Information related to employment collected by WVCC is treated as confidential. We only disclose entire or part of your data in the limited circumstances described in the Notice and or below and with
appropriate safeguards on your privacy as follows:

By Law or to Protect Rights and Property – We will disclose information about you in response to a subpoena, court order, or other legitimate governmental request. We may share account and Personal Information
with companies, organizations or individuals when we believe in good-faith that access, use, preservation or disclosure of the information is necessary to meet any applicable law, comply with regulation, legal process or enforceable request; to enforce
or apply our agreements; to investigate potential violations; to protect against harm to the rights, property or safety of WVCC, our users or the public as required or permitted by law. To the extent we are legally permitted to do so, we will take
all reasonable steps to notify you in the event that we are required to provide your Personal Information to third parties as part of legal process.

WVCC Subsidiaries, Employees, and Independent Contractors – We may disclose information about you to our subsidiaries, parent entity or affiliates, external consultants, auditors or other third parties,
some of our employees, and individuals who are our independent contractors that need to know the information in order to help us process the information on our behalf and also for administrative purposes. We require all of them to comply strictly
with this Privacy Policy.

Business Transfers – In connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company, or in the unlikely event that WVCC goes out of business
or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events happens, we will take any reasonable steps to notify you and this Privacy Policy would continue to apply
to your information and the party receiving your information shall continue to use your information, but only consistent with this Privacy Policy.

With Your Consent – With your explicit consent or at your direction we may share and disclose information you have authorized us to with third parties. We will not, however, sell, rent, share or otherwise
disclose personally identifiable information for commercial purposes in any way that is contrary to the commitments made in this Privacy Policy. We will take all reasonable steps to notify you when and what information might go to third parties and
you will be able to choose whether to share it or not.

Third-Party Disclosure and Links – Except in the case of a sale of our company, in which we would transfer your Personal Information and personal data to the buyer in order to continue to provide services
to you, we do not sell or share your Personal Information or personal data to or with third parties to use for their own marketing purposes. We do not otherwise transfer to outside parties your Personal Information unless we provide you with advance
notice. This does not include website hosting partners and other parties who assist us in operating our website or conducting our business, so long as those parties agree to keep this information confidential. We may also release your information
when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property, or safety.

We do not include or offer any products or services on our Website.

 

PURPOSES OF DATA PROCESSING:

WVCC processes Personal Information for the purposes set forth in the Notice and in this Privacy Policy.

 

SECURITY MEASURES:

WVCC follows what it believes are reasonable practices for storing all data including Personal Information. Personal data is only accessible by authorized employees. When storing information, we strive to protect its security by encryption and pseudonymization
of critical data if reasonable.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of Personal Information.

Although we take all these measures to maintain the safety and security of your Personal Information, please note that no transmission over the Internet can ever be guaranteed to be secure. Consequently, please note that we cannot fully guarantee the
security of any Personal Information that you transfer over the Internet to us.

 

RETENTION PERIODS:

We may retain your personal data for a period of time consistent with the original purpose of collection (see Sections 1 and 2 above) or as long as required to fulfill our legal obligations. We determine the appropriate retention period for personal data
on the basis of the amount, nature, and sensitivity of the personal data being processed, the potential risk of harm from unauthorized use or disclosure of the personal data, whether we can achieve the purposes of the processing through other means,
and on the basis of applicable legal requirements (such as applicable statutes of limitation).

In some cases, retention is dictated because, although WVCC would desire to delete Personal Information, it would require disproportionate effort to delete it in accordance with our retention policies or otherwise. Such information would, for example,
not be in a searchable or readily-accessible format, maintained only for legal compliance purposes, not sold or used for commercial purposes and would not impact you in a material manner. If there is any data that we are unable, for technical reasons,
to delete entirely from our systems, we will implement appropriate measures to prevent any further use of such data except as otherwise disclosed herein or in the Notice.

 

CALIFORNIA RESIDENTS PRIVACY RIGHTS:

Under California law (California Online Privacy Protection Act (CalOPPA)), you may have the right to review and change, edit or update your Personal Information. Contact us at bradbosomworth[at]wvcc.com to find out what information we have collected about
you and to request any changes.

 

CHILDREN’S ONLINE PRIVACY ACT AND AGE RESTRICTIONS (COPA):

Our communications, business process, products, and services are not directed to and we do not specifically market to individuals under the age of eighteen (18). WVCC does not knowingly collect personal identifiable information from children under the
age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information
is deleted from our system’s database. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission before using this Website.

 

FAIR INFORMATION PRACTICES:

We take what we understand are reasonable measures under the circumstances to prevent personal data breaches. Should a data breach occur we will attempt to notify those adversely impacted via email or other means as soon as is reasonably possible or as
required by law. In all cases, we will work together with affected parties to minimize effects, to make all notifications and disclosures that are warranted or otherwise required by applicable law, and to take action to prevent future breaches.

 

TRANSFERRING YOUR DATA:

We are headquartered in the United States. As such, we transfer, process and store your Personal Information in the United States but our service providers may process and store it elsewhere where the data protection levels may not be equivalent to the
levels of data protection as in your home jurisdiction. We will take steps to ensure that your Personal Information receives an adequate level of protection in the jurisdictions in which we process it.

 

CCPA SPECIFIC MATTERS FOR APPLICANTS AND EMPLOYEES:

Who Is Responsible For The Processing Of Your Personal Data?

The WVCC entity responsible for the processing of your Personal Information will depend on the circumstances and purposes for processing as set forth in the Notice and/or herein.

WVCC Does Not Sell Or Share Your Personal Information

The CCPA requires us to disclose whether we sell or share your Personal Information. We do not sell or share your Personal Information.

Your Rights Under The CCPA

The CCPA provides Californians with the following rights:

Requests for Information

You (or your authorized agent) can request a copy of your Personal Information. Under the CCPA you can also request that we disclose how we have collected, used, and shared your Personal Information over the past 12 months, including the categories of
Personal Information we collected and our purposes for doing so; the categories of sources for that information; the categories of third parties with whom we shared it for a business purpose and our purposes for doing so.

Your Right to Opt Out of Sales or Sharing of Personal Information

We do not sell or share Personal Information, so we do not have an option to opt out.

Your Right to Notification

Under the CCPA, a company cannot collect new categories of Personal Information or use PI for materially different purposes without first notifying you.

Nondiscrimination for exercising your CCPA Rights

The CCPA prohibits businesses from discriminating against you for exercising your rights under the law.

Your Right to Delete Personal Information

You can request that we delete your Personal Information. We honor such requests, unless an exception applies, such as when the information is necessary, to complete the transaction or contract for which it was collected, a permitted business justification
exists, to fulfill the purposes for which it was collected, is potentially beneficial to the defense of WVCC or its employees or agents in legal proceedings, would require disproportionate effort to delete, or when it is being used to detect, prevent,
or investigate security incidents, comply with laws, or other rights provided by law. WVCC will not delete Personal Information which is used to enable solely internal uses that are reasonably aligned with the expectations of the consumer based on
the consumer’s relationship with WVCC’s business and compatible with the context in which the consumer provided the information, e.g. employment related Personal Information will not be deleted if reasonably related to WVCC’s future operational purposes.

Right to Correct Personal Information

You have a right to rectify inaccurate Personal Information and, taking into account the purpose of processing the Personal Information, ensure it is complete.

Right to Transfer Your Data

You have the right to request that businesses transfer Personal Information to another entity, to the extent it is technically feasible.

The CCPA Categories Of Personal Information We May Disclose For A “Business Purpose”

While we do not sell or share your Personal Information, we may share it to support our own operational purposes as described in the Notice and herein. These operational purposes, known as “business purposes” under the CCPA are described below. In addition,
we may disclose Personal Information at your direction. Please refer other Sections of this Privacy Policy and the Notice for additional information regarding our data retention policies.

Auditing Interactions

We may share Personal Information as described in the Notice with partners, service providers and related companies, in order to audit interactions and transactions, such as to audit financial statements and audit the WVCC ESOP.

Security Purposes

In order to secure the Website and/or internal computer network, including to detect, prevent and investigate security incidents or violations of our terms of service or applicable laws, we may share the types of Personal Information described in the
Notice with our partners, service providers, law enforcement and related companies.

Service Providers and Other Notified Purposes

We may disclose the types of Personal Information described in the Notice with “Service Providers” as defined by the CCPA, in order to have them perform services specified by a written contract or with others for a notified purpose permitted by the CCPA
(e.g., to respond to law enforcement requests). Specific categories of Service Providers and others with whom Personal Information is disclosed include insurance brokers, insurers, unions, financial institutions, human resource advisors, ESOP third
party administrators, ESOP Trustee and consultants, background investigators, customers, drug and alcohol testing laboratories, and governmental agencies.

How To Exercise Your Rights Under The CCPA

If you are a California resident, you may exercise your rights or authorize another person to act on your behalf by contacting WVCC as set forth in Section 13 below.

Please note that we will need to verify your identity before we can fulfill your privacy-related request.

If you would like to designate an agent, please send an email from your own email address to bradbosomworth[at]wvcc.com indicating the name and email address of your agent. We will respond to that’s person’s requests using both your email address and
the agent’s email address. Please understand that your rights are subject to some limitations, which are specified in the Act, which can be found below:

 

CHANGES TO THE PRIVACY POLICY:

WVCC reserves the right to update and/or change the terms of this Privacy Policy Agreement, and as such, we will post those changes to this Website’s homepage at https://westvalleyconstruction.com/, so that our users and/or visitors are always aware of
the type of information we collect, how it will be used, and under what circumstances, if any, we may disclose such information. If, at any point in time, WVCC decides to make use of any personally identifiable information on file, in a manner vastly
different from that which was stated when this information was initially collected, the user or users shall be provided reasonable notice to their email address of record, and where required by law, we will obtain your consent or give you the opportunity
to opt out of such changes.

 

ACCEPTANCE OF TERMS:

Through the use of the WVCC Website or any portion thereof, you hereby accept the terms and conditions set forth in this Privacy Policy. If you are not in agreement with any such terms and conditions, then you should immediately refrain from further use
of the WVCC Website. In addition, your continued use of the WVCC Website following the posting of any updates or changes to our terms and conditions shall mean that you are in full agreement and acceptance of any such changes.

 

HOW TO CONTACT US:

If you desire to exercise rights explained herein or should you have any questions or concerns regarding this Privacy Policy, please contact us through the “contact” page on the Website and/or at the following email, telephone number or mailing address.

Email: bradbosomworth[at]wvcc.com

Telephone Number: (800) 588-5510

Mailing Address:
West Valley Construction Company, Inc.
603 Campbell Technology Parkway
Campbell, CA 95008

Last updated: 1/1/2024