The California Consumer Privacy Act of 2018 (the “CCPA”), including as amended by the California Privacy Rights Act of 2020, requires Dow to disclose certain additional information to California residents. This Section provides such additional information applicable to visitors, users and others who reside in the State of California, which may not apply to users in other geographies. This Section covers information we collect both online and offline. Any terms defined in the CCPA have the same meaning when used in this Section.
Categories of Personal Information We Collect.
We collect Personal Information, which generally includes 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. In particular, we (through our website or otherwise) collect—and in the preceding twelve (12) months have collected—all the following categories of Personal Information from Consumers, depending on their (or their companies’) respective relationship with Dow and choices:
| 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, 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. | YES |
| E. Biometric information (as defined in Cal. Civ. Code § 1798.140(c)). | An individual’s physiological, biological, or behavioral characteristics, including information pertaining to an individual’s deoxyribonucleic acid (DNA), that is used or is intended to be used singly or in combination with each other or with other identifying data, to establish individual identity. Biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information. | YES |
| 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. | YES |
| H. Sensory data. | Audio, electronic, visual, thermal, olfactory, or similar information. | YES |
| 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. | YES |
| K. Inferences drawn from other personal information. | Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | YES |
L. Sensitive personal information (as defined in Cal. Civ. Code § 1798.140(ae)).
| (1) Personal Information that reveals: (a) a Consumer’s social security, driver’s license, state identification card, or passport number; (b) 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; (c) a Consumer’s Precise Geolocation; (d) a Consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership; (e) the contents of a Consumer’s mail, email, and text messages unless the Business is the intended recipient of the communication; (f) a Consumer’s genetic data; (2) The Processing of Biometric Information for the purpose of uniquely identifying a Consumer; (3) Personal Information collected and analyzed concerning a Consumer’s health; (4) Personal Information collected and analyzed concerning a Consumer’s sex life or sexual orientation.
| YES |
Personal Information does not include information excluded from the CCPA’s definition of “Personal Information” (e.g., Deidentified information, Aggregate Consumer Information, and publicly available information from government records) or otherwise excluded from the CCPA’s scope (e.g., information covered by certain sector-specific privacy laws).
The Categories of Sources from Which Consumers’ Personal Information Is Collected.
We generally obtain the categories of Personal Information listed above either directly from the Consumer (e.g., from completed forms or purchased products and Services) or indirectly from the Consumer (e.g., from observing the Consumer’s actions on our website). Depending on the Consumer’s (or the Consumer’s company’s) relationship with Dow, we may also obtain Consumer Personal Information from other sources, including those identified in:
- Dow’s Privacy Statement (see “What Information We Collect”);
- Dow’s US Customer Privacy Notice (see “The Information Dow Collects”);
- Dow’s US Supplier Privacy Notice (see “The Information Dow Collects");
- Dow’s external candidate Terms of Use and Consent Statement (presented to individuals applying for job opportunities with Dow);
- Dow’s Employee/Contractor Privacy Notice (see “How Dow Collects Your Information”); and
- Dow’s Privacy Policy for Dow’s HR Management System (see “What personal data we collect”).
The Business and Commercial Purposes for Collecting, Selling, or Sharing Consumers’ Personal Information.
We do not Sell or Share Consumers’ Personal Information. Depending on the Consumer’s (or the Consumer’s company’s) relationship with Dow, we may Collect the categories of Personal Information listed above for any legitimate and lawful Business or Commercial Purpose, including those listed in:
- Dow’s Privacy Statement (see “How Dow May Use and Share Your Information”);
- Dow’s US Customer Privacy Notice (see “The purposes for which we use your information”);
- Dow’s US Supplier Privacy Notice (see “The purposes for which we use your information”);
- Dow’s external candidate Terms of Use and Consent Statement (presented to individuals applying for job opportunities with Dow);
- Dow’s Employee/Contractor Privacy Notice (see “Exhibit B: Purposes for Which Dow May Use Your Personal Information”);
- Dow’s Privacy Policy for Dow’s HR Management System (see “How we use your personal data”).
The Categories of Third Parties to Whom We Disclose Consumers’ Personal Information.
Depending on the Consumer’s (or the Consumer’s company’s) relationship with Dow, we may disclose the Personal Information we Collect to certain Third Parties, including those listed in:
- Dow’s Privacy Statement (see “How Dow May Use and Share Your Information”);
- Dow’s US Customer Privacy Notice (see “Third parties with whom we share your personal data”);
- Dow’s US Supplier Privacy Notice (see “Third parties with whom we share your personal data”);
- Dow’s external candidate Terms of Use and Consent Statement (presented to individuals applying for job opportunities with Dow);
- Dow’s Employee/Contractor Privacy Notice (see “Exhibit C: Third Parties with Whom Dow May Share Your Information”); and
- Dow’s Privacy Policy for Dow’s HR Management System (see “Who can access your personal data”).
The Categories of Consumers’ Personal Information We Have Sold or Shared in the Preceding Twelve (12) Months.
We do not Sell—and have not sold in the preceding twelve (12) months—any Personal Information about Consumers to Third Parties for monetary or other valuable consideration. We do not Share—and have not Shared in the preceding twelve (12) months—any Personal Information about Consumers to Third Parties for the purpose of Cross-Context Behavioral Advertising. We do not Sell or Share any Personal Information about Consumers under sixteen (16) years of age. Consumers may choose to consent to our website’s use of targeting cookies by indicating their preferences using our Cookie Preferences tool. To the extent that a Consumer consents to our website’s use of targeting cookies, such cookies may be set through our site by our advertising partners; this does not constitute the Selling or Sharing of Consumer Personal Information under the CCPA.
The Categories of Consumers’ Personal Information We Have Disclosed For a Business Purpose in the Preceding Twelve (12) Months.
In the preceding twelve (12) months, Dow has disclosed all the categories of Consumer Personal Information listed above in the Section titled “Categories of Personal Information We Collect” (i.e., categories A through L) for various legitimate and lawful Business Purposes, including those listed in:
- Dow’s Privacy Statement (see “How Dow May Use and Share Your Information”);
- Dow’s US Customer Privacy Notice (see “Third parties with whom we share your personal data”);
- Dow’s US Supplier Privacy Notice (see “The purposes for which we use your information”);
- Dow’s external candidate Terms of Use and Consent Statement (presented to individuals applying for job opportunities with Dow);
- Dow’s Employee/Contractor Privacy Notice (see “Exhibit C: Third Parties with Whom Dow May Share Your Information”); and
- Dow’s Privacy Policy for Dow’s HR Management System (see “Who can access your personal data”).
CCPA Privacy Rights.
The CCPA provides Consumers with certain privacy rights regarding their Personal Information. The following describes these rights and explains how Consumers may exercise them.
The Right to Know and Access.
A Consumer has the right to request that we disclose the following:
- The categories of the Consumer’s Personal Information that we have Collected.
- The categories of sources from which we have Collected the Consumer’s Personal Information.
- The Business or Commercial Purpose for which we have Collected, Sold, or Shared the Consumer’s Personal Information.
- The categories of Third Parties to whom we have disclosed the Consumer’s Personal Information.
- The specific pieces of the Consumer’s Personal Information that we have Collected, in a format that is easily understandable, and to the extent technically feasible, in a structured, commonly used, machine-readable format that may also be transmitted to another entity at the Consumer’s request without hindrance.
- The categories of the Consumer’s Personal Information that we have Sold or Shared, and the categories of Third Parties to whom it was Sold or Shared.
- The categories of the Consumer’s Personal Information that we have disclosed for a Business Purpose, and the categories of Persons to whom they were disclosed for a Business Purpose.
Upon receipt of a Verifiable Consumer Request, we will disclose the requested information, unless the CCPA (or its implementing regulations) provide a basis for us to deny the request in whole or in part, in which case we will inform the requestor and explain the basis for the denial, unless prohibited from doing so by law. We are not obligated by the CCPA to provide this information to the same Consumer more than twice in a twelve (12) month period. Any disclosures we provide in response to a Verified Consumer Request to know or access will, by default, cover only the twelve (12) month period preceding the Verifiable Consumer Request's receipt. If, however, the Verified Consumer Request specifically seeks information beyond the twelve (12) month period, we will also provide the requested information collected on or after January 1, 2022, to the extent that it is available, unless doing so proves impossible or would involve a disproportionate effort, in which case we will explain why we cannot provide the information beyond the twelve (12) month period.
The Right to Delete.
A Consumer has the right to request that we delete the Consumer’s Personal Information. Upon receipt of a Verifiable Consumer Request, we will delete from our records (and direct our Service Providers and Contractors—and any other Third Party with whom we have Sold or Shared your Personal Information—to delete from their records) the Consumer’s Personal Information. Provided, however, that the CCPA does not require us (or our Service Providers or Contractors) to comply with a Consumer’s request to delete the Consumer’s Personal Information if it is reasonably necessary for us (or for our Service Providers or Contractors) to maintain the Consumer’s Personal Information, pursuant to a CCPA-provided exception to the Consumer’s right to delete.
The Right to Correct.
A Consumer has the right to request that we correct inaccurate Personal Information about the Consumer. Upon receipt of a Verifiable Consumer Request, we will use commercially reasonable efforts to correct the inaccurate Personal Information.
The Right to Opt-Out of Selling or Sharing.
As stated above, we do not Sell or Share Consumers’ Personal Information. Thus, we are not required to provide notice of a Consumer’s right to opt-out or a “Do Not Sell or Share My Personal Information” link on this website. If a Consumer has previously consented to our website’s use of targeting cookies, the Consumer may change the Consumer’s preferences for targeting cookies by using our Cookie Preferences tool.
The Right to Limit Use and Disclosure of Sensitive Personal Information.
We do not use or disclose Sensitive Personal Information for purposes other than the following (thus, we are not required to provide notice of a Consumer’s right to limit or a “Limit the Use of My Sensitive Personal Information” link on this website):
- To perform the Services or provide the goods reasonably expected by an average Consumer who requests those goods or Services;
- To prevent, detect, and investigate security incidents that compromise the availability, authenticity, integrity, and or confidentiality of stored or transmitted Personal Information;
- To resist malicious, deceptive, fraudulent, or illegal actions directed at us and to prosecute those responsible for those actions;
- To ensure the physical safety of natural persons;
- For short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a Consumer’s current interaction with us, provided that the Personal Information is not disclosed to another Third Party and is not used to build a Profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business;
- To perform Services on our behalf, including maintaining or servicing accounts, providing customer Service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic Services, providing storage, or providing similar Services on our behalf;
- To verify or maintain the quality or safety of a product, Service, or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the Service or device that is owned, manufactured by, manufactured for, or controlled by us; and
- To Collect or Process Sensitive Personal Information where such Collection or Processing is not for the purpose of Inferring characteristics about a Consumer.
The Right Not to Receive Discriminatory Treatment for Exercising CCPA Rights.
We will not discriminate against a Consumer for exercising CCPA rights. Unless permitted by the CCPA, we will not:
- Deny the Consumer goods or Services;
- Charge the Consumer different prices or rates for goods or Services, including through granting discounts or other benefits, or imposing penalties;
- Provide the Consumer a different level or quality of goods or Services;
- Suggest that the Consumer may receive a different price or rate for goods or Services or a different level or quality of goods or Services; or
- Retaliate against a Consumer that is an employee, applicant for employment, or independent contractor for exercising CCPA rights.
How Consumers May Exercise Their CCPA Rights.
To exercise their right to know, access, delete or correct, Consumers may submit a Verifiable Consumer Request to us by either:
Only the Consumer, or a Person registered with the California Secretary of State that the Consumer authorizes to act on the Consumer’s behalf, or a Person who has power of attorney or is acting as a conservator for the Consumer, may make a Verifiable Consumer Request related to the Consumer’s Personal Information. A Consumer may make a Verifiable Consumer Request on behalf of the Consumer’s minor child. The Consumer need not create an account with us to submit Verifiable Consumer Request.
Upon receipt of a Consumer’s request, we will attempt to verify it using reasonable methods. If necessary, we may request additional information from the Consumer, which will be used only for the purposes of security, fraud-prevention, and verifying the Consumer’s identity; we will delete any new Personal Information collected for verification purposes as soon as practical after processing the request, subject to applicable record-keeping requirements. Authorized agents will be required to provide proof of their authorization, and we may also require that the relevant Consumer directly verify their identity and the authority of the authorized agent.
We are not required to comply with a request if we cannot verify—using commercially reasonable methods—that the Consumer making the request is the Consumer about whom we have Collected Personal Information, or is a Person authorized by the Consumer to act on the Consumer’s behalf.
No later than ten (10) business days after receiving a request, we will confirm receipt and provide information about how we will process it. We endeavor to respond to a Verifiable Consumer Request within forty-five (45) calendar days of its receipt. If we require more time—up to ninety (90) calendar days from the day the request is received—we will inform the Consumer of the reason and extension period in writing. If the Consumer has an account with us, we will deliver our written response to that account. If the Consumer does not have an account with us, we will deliver our written response by mail or electronically, at the Consumer’s option. The response we provide will also explain the reasons we cannot comply with a request, if applicable. We do 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 reasonable fee, we will inform the Consumer why we made that decision and provide the Consumer with a cost estimate before completing the request.
