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STANDARD TERMS AND CONDITIONS OF SALE
Standard Terms and Conditions - These terms and conditions (the “Terms”) are between (i) ClarkDietrich Party and (ii) each party providing Items to a ClarkDietrich Party pursuant to the Contract Documents (a “Supplier”).
YOU ARE ADVISED TO PRINT OUT A COPY OF THIS LEGAL AGREEMENT FOR YOUR OWN RECORDS.
Full PDF: ClarkDietrich Terms and Conditions (Updated March 11, 2022)
Agreement for ClarkDietrich SubmittalPro®, iTools and Web Site Online Software
PLEASE READ THIS DOCUMENT CAREFULLY. This Agreement is a legal contract between you (either an individual or a single business entity) ("you" or the "Licensee") and Clarkwestern Dietrich Building Systems LLC ("us" or the "Licensor") for the online software identified above and, as applicable, any associated documentation made available to Licensee hereunder (collectively, the "Online Software").
Agreement for ClarkDietrich SubmittalPro®, iTools and Web Site Online Software:
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ONLINE SOFTWARE. BY ACCESSING OR USING THE ONLINE SOFTWARE, YOU ARE AGREEING TO COMPLY WITH THIS AGREEMENT, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION 17 BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE THE ONLINE SOFTWARE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON, COMPANY, OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS.
- Access and Use. Subject to Licensee's compliance with this Agreement, Licensor grants a non-exclusive, royalty-free, non-transferable right and license to Licensee and its Authorized Users to access, use, and execute the Online Software (in object code form only) via an Internet connection to Licensor's host servers solely for Licensee's internal business purposes including for the benefit of Licensee's customers. "Authorized Users" means Licensee including any employees or contractors of Licensee.
- Upgrade, Updates and Patches. Licensor has no obligation to provide software upgrades, updates or patches to Licensee under this Agreement. Notwithstanding the foregoing, in the event Licensor, in its sole discretion, elects to provide a software upgrade, update or patch to Licensee, then all such upgrades, updates or patches provided shall be considered "Online Software" and subject to the terms and conditions of this Agreement.
(a) Licensee agrees that, except as permitted by this Agreement, it shall not itself, or through any parent, subsidiary, affiliate, agent or other third party, entity or other business structure: (i) copy, modify, transfer, assign, license, sublicense, distribute the Online Software or any way make it available to any third-party; (ii) reverse engineer the Online Software or disassemble, decompile or otherwise attempt to derive the source code for the Online Software; (iii) rent or lease the Online Software or use it in a service bureau capacity for the benefit of third parties; (iv) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notices on the Online Software or any other materials furnished to Licensee by Licensor hereunder; (v) write or develop any software program based upon the Online Software that would be considered a "derivative work" of the Online Software under the U.S. Copyright Act; (vi) use a robot, spider, or any similar device to copy or catalog any materials or information made available through the Online Software; or (vi) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the Online Software's control or security systems.
(b) Licensee agrees, for itself and its Authorized Users, not to use the Online Software for any purpose that is unlawful or prohibited by this Agreement. Licensee shall not use the Online Software in any manner that could damage, disable, overburden, or impair the Licensor's server or interfere with any other party's use and enjoyment of the Online Software. Neither Licensee nor its Authorized Users shall attempt to gain unauthorized access to any part of the Online Software, other user accounts, computer systems or networks connected to any Licensor server, or to any part of the Online Software through hacking, password mining or any other means. You and your Authorized Users may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Online Software.
- Intellectual Property
(a) The Online Software including all intellectual property rights therein is owned by Licensor and its licensors and is licensed, not sold. Any rights that are not expressly granted to Licensee by this Agreement are expressly reserved. The Online Software is protected by copyright and other intellectual property laws and Licensee agrees to use the Online Software in compliance with the restrictions of those laws and this Agreement.
(b) Licensor has numerous registered and unregistered trademarks and service marks (collectively, "Trademarks"), including without limitation "SubmittalPro." No right, license or interest in or to Trademarks is granted to You under this Agreement.
- Technical Support and Maintenance. Installation services, technical support or Online Software maintenance services are not available under this Agreement.
- Data Practices
(a) We do not claim ownership of any data, information, or other content that you or your Authorized Users provide to us through your use and operation of the Online Software (the "Licensee Data").
(b) You consent to our collection, use, and disclosure, of Licensee Data as set forth in this Section 6. We may use the Licensee Data the purpose for which it was provided and to operate and administer the Online Software. In addition, we may retain, analyze, use, and share the Licensee Data or any other data associated with your account in anonymous, filtered, or aggregate form for general business purposes. From time to time, we may use the Licensee Data to contact you for a variety of reasons, such as customer service, or providing you promotional information for our products or services or those of our parent company, subsidiaries or other affiliated companies. Finally, in certain instances we may also share your Licensee Data with our third party vendors who perform functions on our behalf such as a third-party data center operator. Any such third-parties will observe the same data practices as set forth herein with respect to such Licensee Data. If you have any questions about our data practices, please contact us at the address set forth in Section 18(b) below.
- Registration. Registration is not required to use the Online Software. However, if you do not register, then certain functionality associated with the Online Software may not be available to you. If you choose to register you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. You agree to notify us immediately of any unauthorized use of your user id.
- Licensee Responsibilities. Licensee is responsible for taking steps to backup, secure, and protect all data, information, and materials that Licensee originates or receives so that Licensee has ready access thereto in the event of a loss or corruption of any such materials or an or interruption to the availability of the Online Software.
(a) THE ONLINE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. To the maximum extent allowed by law, Licensor disclaims all express and implied warranties of any kind, including any implied warranties of merchantability and fitness for a particular purpose, any warranties arising from course of dealing or usage of trade, any warranties of title or against infringement, and any warranties that might otherwise be deemed to arise from samples or descriptions of the Online Software or any materials or services furnished or provided by Licensor to Licensee.
(b) Any data, information, files, and other materials (including, without limitation, any submittal sheets or design calculations) obtained via use of the Online Software (the "Output") are to assist Licensee in the selection and/or analysis of steel framing products sold by Licensor. Such Output is preliminary in nature and is not intended to replace the calculations and services of the architect and engineer of record. Licensee is solely responsible for independently verifying the accuracy of the Output and the currency of product specifications. In addition, Licensee is solely responsible for any negligent or illegal act or omission of Licensee or Licensee's agents, contractors, employees, or customers.
(c) These disclaimers form an essential part of the Agreement. Use of the Online Software authorized hereunder is subject to these disclaimers, except to the extent that any implied warranties cannot be validly waived.
- LIMITATION ON LIABILITY
(a) Notwithstanding anything to the contrary contained herein, to the maximum extent permitted by law, in no event shall Licensor be liable or obligated in any manner to Licensee for any special, incidental, consequential, or exemplary damages arising out of or related to this Agreement or the Online Software, even if Licensor is informed in advance of the possibility of such damages occurring. This limitation is separate and independent of any other remedy limitations and shall not fail if such other limitation or remedy fails.
(b) Notwithstanding any other provisions of this Agreement, Licensor's aggregate liability to Licensee under this Agreement shall be limited to the greater of (1) amounts paid (if any) by Licensee under this Agreement within the twelve (12) months prior to the event, action, or circumstances giving rise to the liability; or (2) $500.00.
- Licensee Indemnification. Licensee shall defend, indemnify and hold Licensor, its affiliated companies, parent, and subsidiaries as well as their respective directors, officers, and employees harmless from all losses, liabilities, damages, and expenses (including reasonable attorney's fees and costs) resulting from any claims, demands, actions and other proceedings by any third party arising from (a) Licensee's breach of this Agreement; (b) personal injury (including death) to a third party or property damage incurred by a third party resulting from or relating to Licensee's use of the Online Software; or (c) from Licensee's failure to comply with an applicable law, regulation, rule, mandate, or requirement of the U.S. government or any applicable professional standard, state or local law or regulation including, without limitation, Licensee's failure to comply with laws or regulations relating to privacy or intellectual property.
- Licensor Indemnification
(a) Licensor shall defend and indemnify Licensee against all claims, liabilities, costs, and expenses (including reasonable attorneys' fees), reasonably incurred in the defense of any claim brought against Licensee in the United States by a third party alleging that Licensee's use of the Online Software in compliance with Licensor provided documentation and terms of this Agreement infringes or misappropriates any United States copyright, trademark, or trade secret right; provided, that Licensee promptly notifies Licensor in writing of any such claim and Licensor is permitted to control fully the defense and any settlement of such claim as long as such settlement shall not include a financial obligation on Licensee. Licensee shall cooperate reasonably in the defense of such claim and may appear, at its own expense. Licensee shall comply fully and promptly with the terms of any such settlement. Licensee shall not undertake any action in response to any infringement or alleged infringement of the Online Software that would be prejudicial to any defense that Licensor may have to the same. Notwithstanding the foregoing, such indemnity shall not apply if the alleged infringement results from use of the Online Software in conjunction with any other software, the combination of the Online Software with equipment not supplied by Licensor, or unlicensed activities (including, without limitation, unauthorized modification of the Online Software).
(b) In addition to the rights and remedies set forth above, should Online Software licensed hereunder become, or in Licensor's opinion be likely to become, the subject of such an infringement claim, Licensor may, at its sole option and expense, (a) procure for Licensee the right to make continued use of the Online Software, (b) replace or modify such Online Software so that it becomes non-infringing, or (c) terminate the license granted hereunder and require the return the Online Software.
(c) These indemnification provisions constitute Licensor's sole liability, and Licensee's sole recourse, in the event of any infringement of third-party rights by Licensee's use of the Online Software.
- Confidentiality. Licensee acknowledges that the Online Software contains valuable trade secrets and/or confidential or proprietary information of Licensor and its licensors including without limitation know-how, inventions, techniques, processes, algorithms, software programs (object and/or source code), and databases. Licensee agrees that it will exercise reasonable care to prevent the unauthorized disclosure of such information to any third party, provided, however, that this paragraph imposes no obligation upon Licensee with respect to any information which: (i) is or becomes publicly known through no wrongful act of Licensee; (ii) is received by Licensee from a third party without breaching an obligation owed to Licensor; (iii) is independently developed by Licensee; or (iv) is required to be disclosed by Licensee pursuant to a subpoena or other legal process.
- Future Availability. Licensor reserves the right, in its sole discretion, discontinue the Online Software or to alter prices, features, specifications, capabilities, functions, general availability or other characteristics of the Online Software.
(a) This Agreement is effective until terminated by you or us by prior written notice. Upon termination, you must cease your use of the Online Software. Subject to applicable law, we reserve the right in our sole discretion and at any time to suspend your registration and/or block your access to the Online Software, if we reasonably believe that you or any of your Authorized Users have violated the letter or spirit of this Agreement. You agree that we shall not be liable to you or any third party for any suspension of your account or for blocking your access to the Online Software.
(b) Either party may terminate this Agreement for convenience by providing written notice to the other party in accordance with the notice provisions in Section 18.
(c) Upon termination, all of Licensee's rights shall immediately terminate. Sections 3, 4, 6, 9, 10, 11, 13, 15(c),16, 17(b), and 19shall survive any termination of this Agreement. We reserve the right to delete any or all program or data files associated with your registration upon cancellation or termination of your registration or termination of this Agreement.
- No Third Party Beneficiaries. Neither Licensee's use of the Online Software nor this Agreement will create any right or cause of action for any third party, nor will Licensor be responsible for any third party claims against Licensee.
(a) Licensor reserves the right to amend this Agreement at any time. Subject to Section 17(b) below, modifications to this Agreement will be effective upon the earlier of (1) fifteen (15) after posting the revised Agreement on the Licensor website or notification via email; or (2) if we provide a mechanism for your immediate acceptance of the revised terms such as a click-through confirmation or acceptance button, your acceptance. If you object to any subsequent revision to this Agreement, immediately discontinue use of the Online Software. All counteroffers to this Agreement (or amendments to the same) are categorically rejected.
(b) If a dispute arises out of or relates to the Online Software or this Agreement (the "Dispute"), the parties agree that the Agreement in effect at the time the dispute arose shall apply to the Dispute, including any amendments to the Agreement effective prior to the dispute arising. No amendments to the Agreement shall apply to any Dispute as to which we had notice prior to posting the amendment.
(a) To Licensee. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Notices made by us to you under this Agreement may be made by posting on the Licensor website. If you register, then notices made by us under this Agreement for you or your account specifically will be provided to you via the email address provided to us in your registration for the Online Software or in any updated email address you provide to us in accordance with standard account information update mechanism and/or procedures we may provide from time to time. It is your responsibility to keep your email address current and you will be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not you actually receive the email.
(b) To Licensor. For notices made by you to us under this Agreement and for questions regarding this Agreement or the Online Software, you may contact Licensor as follows:
9050 Centre Pointe Dr. Suite 400
West Chester, OH 45069
Any notice or other communication required or permitted to be given by you hereunder shall be given in writing and delivered in person, by U.S. Mail, via confirmed email or delivered by recognized courier service, properly addressed and stamped with the required postage, addressed to an authorized representative, at the address set forth above, and shall be deemed effective upon receipt.
(a) This Agreement constitutes the complete and exclusive agreement between Licensor and Licensee with respect to the Online Software and supersedes all prior oral or written communications or agreements between the parties relating to the Online Software.
(b) This Agreement shall be governed in all respects construed in accordance with the laws of the State of Ohio, without regard to its laws governing conflicts of laws. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.
(c) All disputes arising out of or related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction located in Butler County, Ohio. Each party consents and submits to the personal jurisdiction of such courts and irrevocably waives any and all defenses inconsistent with this Section.
(d) Licensee acknowledges that (i) any misuse or threatened misuse of the Online Software or Licensor's intellectual property or (ii) any misuse or threatened misuse of the Licensor's confidential information will cause immediate irreparable harm to the non-breaching party for which there is no adequate remedy at law. Accordingly, the parties agree that the Licensor shall be entitled to immediate and permanent injunctive relief from any court of competent jurisdiction in the event of any such breach or threatened breach. Licensee hereby waives the defense that Licensor has or will have an adequate remedy at law for any such breach or threatened breach.
(e) Licensee may not assign or otherwise transfer its rights or obligations, in full or in part, under this Agreement without Licensor's express written consent and any such purported assignment is null and void. Upon any such permitted assignment, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of Licensee.
(f) The waiver by either party of a breach of any provisions contained herein shall be in writing to be effective and shall in no way be construed as a waiver of any succeeding breach of such provisions or the waiver of the provision itself.
(g) The relationship between the parties is that of independent contractors, and nothing in this agreement is intended to, or should be construed to, create any type of joint venture, partnership, agency, or any employment or fiduciary or franchise relationship.
(h) If any part of this Agreement shall be held to be unenforceable, the remainder of the Agreement shall nevertheless remain in full force and effect.
(i) No action, regardless of form, arising out of this Agreement may be brought by either party more than two (2) years after the claim or cause of action has accrued.
- U.S. Government Restricted Rights. The Online Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by governmental entities is subject to restrictions as set forth in subparagraph (c)(I)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Clarkwestern Dietrich Building Systems LLC, at 9050 Centre Pointe Dr. Suite 400, West Chester, OH 45069.
YOU ARE ADVISED TO PRINT OUT A COPY OF THIS LEGAL AGREEMENT FOR YOUR OWN RECORDS.
CINLibrary 0121667.0585224 2613517v3a-Updated Address
ClarkDietrich respects your privacy and is committed to protecting it through our compliance with this policy.
Effective Date: January 1, 2023
- Visits to our offices or attendance at one of our events
- Phone and email communications
- Social media interactions, such as through Facebook, Twitter, Instagram, YouTube, and LinkedIn
- Viewing our online advertisements or emails
If you are an employee or an applicant for ClarkDietrich’s job postings, please click here for the employee/applicant privacy notice.
We provide accessibility options to consumers with disabilities. Please contact us by emailing email@example.com or call us at 1-800-543-7140 for alternative accommodations online or offline.
2. Information We Collect
We collect several types of information from and about users including information by which you may be personally identified, either directly or indirectly (“personal information”). In the previous 12 months, we collected the following personal information:
- Unique Identifiers including your real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, phone number, account name, or other similar identifiers.
- Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) including your name, signature, address.
- Commercial information including records of products and services you have purchased, obtained or considered, marketing communication preferences or other purchasing or consuming histories or tendencies.
- Internet or other electronic network activity including information about how you use our websites and online applications and our products and services. This includes browsing history, search history, a consumer’s interaction with an internet website, application, or advertisement.
- Geolocation data includes information imprecise geolocation information through your web browser.
- Audio, electronic, visual, thermal, olfactory, or similar information such as identifiable information obtained about you from voicemail messages, while speaking with our service representatives, including on the telephone, or as captured by video call applications or video cameras.
- Non-personal Information. Personal information does not include certain categories of information, such as publicly available information from governmental records, and deidentified or aggregated consumer information.
If you fail to provide personal information
Where we need to collect personal information by law, or under the terms of a contract we have with you, and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with products or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
3. How long we retain your Personal Information
We retain your personal information for as long as necessary to provide you with products and services, and to fulfill or meet the reason you provided the personal information. Since the retention periods for certain types of data may vary depending on ClarkDietrich's data retention schedule and compliance of laws, it is not possible for us to provide the length of time. We may retain your personal information for longer if it is necessary to comply with our legal obligations or reporting obligations, resolve disputes, or as permitted or required by applicable law. We use the following criteria to determine the length of time we retain your data to determine the appropriate retention period for your personal information, such as the amount, nature, and sensitivity of your information; the potential risk of unauthorized access, use or disclosure; the purposes for which we process your personal information; and applicable legal requirements.
4. How We Collect Information About You
We may use different methods to collect information from and about you including through:
- Direct interactions. You may give us information about you during your interactions with us, such as by filling in forms or by communicating with us by text, e-mail, or otherwise. This includes information you provide when you create an account, register to use our Services, conduct a search, submit feedback, and when you report a problem with our Services. We may also collect information when you participate in a sweepstakes, contest, promotion, or program we sponsor. We collect information when you are an applicant for employment with us and employed by us.
- Related Entities and Affiliates. We may receive information about you from our related parties and affiliates.
- Automated technologies or interactions. As you interact with our websites and online applications, we may automatically collect technical data about your equipment, browsing actions and patterns as specified above. We collect this information by using cookies, server logs, web beacons, and other similar technologies (see Cookies and Automatic Data Collection Technologies).
- Third parties or publicly available sources. In the course of performing our services or marketing activities, we or third parties on our behalf may conduct research and other activities resulting in the collection of personal information about you.
5. Cookies and Automatic Data Collection Technologies
Our websites and online applications use automatic data collection technologies to distinguish you from other users of our websites and online applications. This helps us deliver a better and more personalized experience when you browse our websites or use our online applications. It also allows us to improve our websites and online applications by enabling us to:
- Estimate our audience size and usage patterns.
- Store your preferences so we may customize our experience according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our websites and online applications.
We may use Google Analytics or Matomo to provide certain analytics services for us. However, the analytics provided to us are aggregated and does not provide us with your personal information. For more information about how Google Analytics and Matomo collect and process data can be found:
The technologies we use for this automatic data collection may include:
Web Beacons: Pages of our Services and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit ClarkDietrich, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
6. Third Party Information Collection and Social Media Sharing
Some content or applications on our websites may be served or hosted by third parties, including our third-party content providers and application providers. For example, we may make available the option for you to use “plug ins.” These third parties may use tracking technologies to collect information about you when you access the content or applications. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with targeted content.
Our Services may also offer social media sharing features or other integrated tools, which let you share actions you take on this website with other media, and vice versa. These features may collect information about your IP address and which page you are visiting on our Services, and they may set a cookie or employ other tracking technologies. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature. Social media sharing features and widgets are either hosted by a third party or hosted directly on our Services. Your interactions with those features are governed by the privacy policies of the companies that provide them. For more information about the purpose and scope of data collection and processing in connection with social media sharing features, please visit the privacy policies of the third parties that provide these features.
7. How We Use Your Information
We use personal information that we collect about you or that you provide to us, including any personal information for the following business or commercial purposes:
- To communicate with you.
- To operate our websites and online applications.
- To provide, support, personalize, and develop our websites, products, and services.
- To create, maintain, customize, and secure your account with us.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To help maintain the safety, security, and integrity of our websites, databases and other technology assets, and business.
- To provide you with information, products, or services that you request from us.
- To provide service and support.
- To track your preferences related to our contact with you.
- To fulfill our contractual responsibilities with your company
- To notify you about changes to our websites and online applications, or any products, software, or services that we have provided to you.
- To contact you about our own products and services that may be of interest to you.
- To allow you to participate in interactive features through the website and online applications.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our website users is among the assets transferred.
- To fulfill any other purpose for which you provide it.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
8. Disclosure of Your Information
We do not sell or share your personal information for targeted advertising to third parties. We also do not use or disclose your sensitive personal information for purposes that, with limited exceptions, are not necessary to provide our products and services as are reasonably expected by an average consumer requesting those goods and services.
We may, however, disclose your personal information with services providers and contractors who help us provide the products and services, such as, shipping, payment processing, marketing and advertising, email, text and other communications, applications, sales, business and inventory support, photography, and website, software, platform, cloud, data storage and other technical services.
We may also disclose your personal information if necessary to: (1) comply with federal, state, or local laws; (2) comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities; (3) cooperate with law enforcement agencies concerning conduct or activity that we reasonably and in good faith believe may violate federal, state, or local laws; or (4) exercise or defend legal claims.
Lastly, we may transfer your personal information to a third party as part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control or acquires of all or part of the assets of our business.
Of the categories of personal information collected, during the past 12 months, we disclosed the following:
- Third parties as directed by you. We will disclose your personal information with those third parties to whom you direct.
- Our business partners. For example, we might disclose your personal information with one of our business partners for purposes of collaborating on providing services to you, or to invite you to an event we are organizing. These business partners should also have their own privacy statements that set out the manner in which they will collect, use, and disclose personal information. Where applicable, we encourage you to review each such business partner's privacy statement before signing on with them.
- Third parties who perform services on our behalf. For example, we disclose information with certain service providers, including marketing companies, professional service providers, debt collectors, information technology providers, and data storage companies. We might also authorize our service providers to disclose your personal information on our behalf for these purposes.
- Governmental entities, legal service providers. We may disclose your personal information in order to comply with the law and in the course of providing our products and services and other business activities of the Company. We may also disclose information if a government agency or investigatory body submits a request.
- Successors to all or portions of our business. If all or part of our business is sold, we may disclose personal information in preparation for or as part of that transaction.
9. Your Choices About Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Promotional Information from Us: If you do not wish to have your contact information used by ClarkDietrich to promote or recommend our own or third parties’ products or services, you can opt-out by accessing the Privacy Requests page, sending us an email stating your request to firstname.lastname@example.org, call us at 1-800-543-7140. If we have sent you a promotional email, you may opt-out by clicking the unsubscribe link at the bottom of the email. This opt-out does not apply to information provided to ClarkDietrich as a result of a product purchase, warranty registration, product service experience or other transactions.
Third Party Links: Our websites and online applications may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates, or plug-ins enabling third-party features. If you follow a link to any third-party website or engage a third-party plug-in, please note that these third parties have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal information to these third parties.
Email and SMS Communications: You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more. If you expressly consent to have SMS notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages.
10. Accessing and Correcting Your Information
If you have set up an account to use our iTools Dashboard, you can access, review and change your personal information by logging into your account. You may also correct your information via the My Privacy Choices here, sending us an email stating your request to email@example.com, or call us at 1-800-543-7140.
11. Personal Information of Children
We do not knowingly collect personal information from children under 13 years old. We are concerned about the safety of children when they use the Internet and will never knowingly request personal information from anyone under the age of 13. If the parent or guardian of a child under 13 believes that the child has provided us with any personal information, the parent or guardian of that child should contact us, as set forth in Section 13 below, and ask to have this personal information deleted from our files. If we otherwise obtain knowledge that we have personal information about a child under 13 in our files, we will delete that information from our existing files so that it is not in retrievable form.
We do not sell the personal information of minors under the age of 16. We also do not share the personal information of minors under age 16, unless the child is at least 13 years of age and less than 16 or such child’s parent or guardian has affirmative authorized.
12. Notice to Services Users Located Outside the U.S.
We operate in accordance with the laws of the U.S. When you access our Services from outside the U.S., we may transfer the personal information that we collect from you to a location outside of your jurisdiction, including the U.S. The data protection laws in these jurisdictions may not provide you with the same protections as those of your jurisdiction. By using our Services, you acknowledge that these laws may provide a different standard of protection and you consent to the transfer of your personal data to other jurisdictions, including the U.S.
13. Data Security
To protect against unauthorized access, misuse, disclosure or alteration of your personal information, we have implemented measures designed to secure your personal information from loss, misuse, unauthorized access, unauthorized use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our websites or online applications, you are responsible for keeping this password confidential.
We ask you not to share your password with anyone. If you believe that your password has been compromised, we ask that you immediately contact us as set forth below.
While we use reasonable measures to protect our Services and your information, the Internet is not 100% secure. The measures we use are reasonable for the type of information we collect. We cannot guarantee use of our Services are 100% secure. We encourage you to use caution when using the Internet.
14. Notice to California Residents
California Consumer Privacy Act: The section concerning the California Consumer Privacy Act (“CCPA Section”) applies solely to individuals who are residents of the State of California (“consumers” or “you”) as required under the California Consumer Privacy Act, as amended (“CCPA”). This CCPA Section describes our policies and practices regarding the collection, use, and disclosure of personal information we collect about you, including personal information we obtain when you access or use the Site, or through other channels including but not limited to visiting one of our locations, phone and email conversations, attending our events, social media interactions on our websites and other third party websites such as social media sites, viewing our emails, or through our authorized services providers.
Please read this CCPA Section carefully before using the Services or submitting information to us. By accessing or visiting the Services, you indicate your understanding that the collection, use, and sharing of your information is subject to the terms of this CCPA Section.
- the categories of personal information;
- the categories of sources from which the personal information is collected;
- the business or commercial purpose for collecting, selling, or sharing personal information, if applicable;
- the categories of third parties to whom the business discloses personal information;
- the specific pieces of personal information the business has collected about you (also called a data portability request); and
- if we disclosed your personal information for a business purpose, identifying the personal information categories that each category of recipient obtained.
Upon receipt of a verifiable consumer request (see below), and as required by the CCPA, we will provide a response to such requests. Any disclosures we provide will only cover the 12-month period preceding receipt of your verifiable consumer request. With respect to personal information collected on and after January 1, 2022, and to the extent expressly required by applicable regulation, you may request that such disclosures cover a period beyond the 12 months referenced above, provided doing so would not require a disproportionate effort by us.
Right To Request Deletion of Your Personal Information: You have the right to request that we delete the personal information we collected or maintained about you. Once we receive your request, we will let you know what, if any, personal information we can delete from our records, and we will direct any service providers and contractors with whom we disclosed your personal information to also delete your personal information from their records.
There may be circumstances where we cannot delete your personal information or direct service providers or contractors to delete your personal information from their records. Some of these instances include, but are not limited to, if we need to:
- Complete the transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated by you within the context of our ongoing business relationship with you, or otherwise perform a contract between the Company and you.
- Help to ensure security and integrity to the extent the use of the consumer's personal information is reasonably necessary and proportionate for those purposes.
- Debug to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
- To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with the Company and compatible with the context in which the consumer provided the information.
- Comply with a legal obligation.
Upon receipt of a verifiable consumer request (see below), and as required by the CCPA, we will provide a response to such requests.
Right to Request Correction: You have the right to request that we correct any inaccurate personal information we maintain about you, taking into account the nature of that information and purpose for processing it. Upon receipt of a verifiable consumer request (see below), and as required by the CCPA, we will provide a response to such requests.
Right to Opt-Out: If you are age 16 or older, you have the right to direct a business not to sell or share your personal information for targeted advertising at any time if the business sells or shares personal information.
- Opt-Out Preference Signals: Opt-out preference signals or Global Privacy Controls (GPCs) provide consumers with a simple and easy-to-use method by which consumers interacting with us online can automatically exercise their opt-out of sale/sharing rights. Businesses are required to process any opt-out preference signals businesses sell or shares a consumer’s personal information for targeted advertising.
Because we do not sell your personal information or share your personal information for targeted advertising or cross-context behavioral advertising purposes, we are not required to implement the acceptance of opt-out preference signals.
No selling or Sharing Personal Information: We do not sell or share your personal information for cross context behavioral advertising purposes.
Right to Limit the Use of Sensitive Personal Information: Under the CCPA, consumers have the right to limit the use of sensitive personal information, such as social security numbers, drivers licenses, state identification cards, financial accounts such as bank account, credit card, or debit card in combination with access code, password, or credentials allowing access to an account, race, ethnic origin, religious or philosophical beliefs or union membership, genetic data or personal information collected and analyzed concerning a consumer’s health, if such information is collected or processed with the purpose of inferring characteristics about a consumer.
We do not collect or process sensitive personal information.
Right to Non-Discrimination for the Exercise of Your Privacy Rights: We will not discriminate against you for exercising any of your rights under the CCPA, as described above. This includes, but is not limited to: (A) denying goods or services to you; (B) charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; (C) providing a different level or quality of goods or services; or (D) suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services. It also includes your right not to be retaliated against for the exercise of your CCPA rights.
CCPA permits the offering of financial incentives, including payments to consumers compensation, for the collection of personal information or offering different prices, quality levels, or services to the consumer if that price or difference is reasonably related to the value provided to the business by the consumer’s data.
We do not offer consumers a financial incentive in exchange for collection, use, retention, processing, or disclosure of a consumer’s personal information.
Submitting Consumer Rights Requests
- the consumer who is the subject of the request,
- a consumer on behalf of the consumer’s minor child, or
- the authorized agent of the consumer.
What to submit. If we request, you must provide us with sufficient information to verify your identity and/or authority to act on behalf of a consumer. In general, we may ask you to provide identifying information that we already maintain about you or we may use a third-party verification service. In either event, we will try to avoid asking you for sensitive personal information to verify your identity. We may not be able to 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. However, making a verifiable consumer request does not require you to create an account with us.
Additionally, you will need to describe your request with sufficient detail to allow us to review, understand, assess, and respond. We will not use the PI we collect from an individual to determine a verifiable request for any other purpose, except as required or permitted by law.
We will confirm receipt of your request and provide information about how we process the request within 10 business days after receiving your request. We reserve the right to charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded. If we determine that a request warrants a fee, we will attempt to notify you as to why we made that decision and provide a cost estimate before completing your request. We will endeavor to respond to a verifiable consumer request within forty-five (45) calendar days of receipt, but we may require an extension of up to forty-five (45) additional calendar days to respond and we will notify you of the need for the extension.
Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. You may request us to provide personal information collected beyond the 12-month period as long as it was collected on or after January 1, 2022. If we deny your request, we will explain the reasons why we cannot comply with a request.
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.
Authorized Agent: You may authorize a natural person or a business (the Agent) to act on your behalf with respect to the rights under this CA Addendum. When you submit a Request to Know, Correct, or Delete, the Agent must provide proof that you gave the Agent signed permission to submit the request, and you either must (i) verify your identity with the business or (ii) directly confirm with us that you provide permission to the Agent. However, these steps are not required when you have provided the authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465. We reserve the right to deny requests from persons or businesses claiming to be authorized agents that do not submit sufficient proof of their authorization.
15. Notice to Connecticut Residents
The section concerning the Connecticut Data Privacy Act (“CTDPA Section”) applies solely to individuals who are residents of the State of Connecticut. Connecticut residents have the following consumer rights:
- Right to opt-out of targeted advertising, sale of personal information or profiling for automated decision purposes
- Right to know about personal information collected or disclosed
- Right to request deletion of your personal information
- Right to request correction
We note that we do not sell your personal information or share your personal information for targeted advertising purposes.
For the specific details of the rights and the process for submitting consumer rights requests, please submit your consumer request on the My Privacy Choices page, send us an email stating your request to firstname.lastname@example.org, or call us at 1-800-543-7140. We will not discriminate against consumers who exercises their consumer rights.
If we deny your consumer request, consumer shall have the right to appeal the denial of the request. Consumers may appeal their consumer requests by emailing us at email@example.com explaining why the denial of the request should be reconsidered. We will provide a response no later than sixty days after receipt of the appeal informing the consumer in writing if any action was taken or was not taken in response to the appeal and the reasons for the decisions.
17. Contact Information
For any privacy law consumer/data subject requests, please go to My Privacy Choices here page.
If you have general questions, you can contact us using the information found on our Contact Us page
YOU ARE ADVISED TO PRINT OUT A COPY OF THIS LEGAL AGREEMENT FOR YOUR OWN RECORDS.
For California Residents: CCPA Notice at Collection for Employees and Applicants
CCPA Notice at Collection for Employees and Applicants
Last Updated: 6/29/2023
We retain your personal information for as long as necessary to process your application for employment, administer employment-related processes, and in accordance with the Company’s data retention schedule. We may retain your personal information for longer if it is necessary to comply with our legal obligations or reporting obligations, resolve disputes, or as permitted or required by applicable law. We may also retain your personal information in a deidentified or aggregated form so that it can no longer be associated with you. To determine the appropriate retention period for your personal information, we consider various factors such as the amount, nature, and sensitivity of your information; the potential risk of unauthorized access, use or disclosure; the purposes for which we collect or process your personal information; and applicable legal requirements. Personal Information does not include certain categories of information, such as publicly available information from government records, deidentified or aggregated consumer information, and information subject to HIPAA or the California Confidential Medical Information Act.
1. Categories of Personal Information Collected
Identifiers and Contact information: This category includes names, addresses, telephone numbers, mobile numbers, email addresses, signature, account name, dates of birth, bank account information, and other similar contact information and identifiers.
Protected classification information: This category includes characteristics of protected classifications under California or federal law.
Internet or other electronic network activity information: This category includes without limitation:
- all activity on the Company’s information systems, such as internet browsing history, search history, intranet activity, email communications, social media postings, stored documents and emails, usernames and passwords, and
- all activity on communications systems including phone calls, call logs, voice mails, text messages, chat logs, app use, mobile browsing and search history, mobile email communications, and other information regarding an applicant or employee’s use of company-issued systems or devices.
Geolocation data: This category includes GPS location data from the Company’s information systems.
Audio, electronic, visual, thermal, olfactory, or similar information. This category includes, for example, information collected from camera, microphones, and similar devices.
Biometric information: This category includes information such as an individual’s physiological, biological, or behavioral characteristics used or is intended to be used singly or in combination with each other or with other identifying data, to establish individual identity. For example, this category might include the use of biometric equipment, devices, or software to record your time worked, to enter or exit facilities or rooms, to access or use equipment, or for other business purposes.
Professional and employment-related information: This category includes without limitation:
- data submitted with employment applications including salary history, employment history, employment recommendations, etc.,
- background check and criminal history,
- work authorization,
- fitness for duty data and reports,
- performance and disciplinary records,
- salary and bonus data,
- benefit plan enrollment, participation, and claims information, and
- leave of absence information including religious and family obligations, physical and mental health data concerning employee and his or her family members.
Education information: This category includes education history.
Limited medical information: This category includes without limitation:
- symptoms, test results, and other indicators of exposure to the coronavirus (COVID-19) and related vaccination status information
- fitness for duty data and reports,
- leave of absence information including family obligations, physical and mental health data concerning employee and his or her family members, and
- travel information and information regarding close contacts.
Sensitive Personal Information: This category includes sensitive information such as
- social security, driver’s license, state identification card, or passport number,
- financial account information that allows access to an account, including log-in credentials, financial account numbers, passwords, etc.,
- precise geolocation,
- racial or ethnic origin, religious or philosophical beliefs, or union membership,
- content of mail, email, and text messages unless the Company is the intended recipient of the communication,
- genetic data,
- biometric information for the purpose of uniquely identifying a consumer, and
- information concerning health and sex life or sexual orientation.
Inferences drawn from the Applicant Personal Information in the categories above: This category includes engaging in human capital analytics, including but not limited to, identifying certain correlations about individuals and success on their jobs, analyzing data to improve retention, and analyzing employee preferences to inform HR Policies, Programs and Procedures.
2. Purposes Personal Information, Including Sensitive Personal Information, is Used
- Collect and process employment applications, including confirming eligibility for employment, background and related checks, onboarding, and related recruiting efforts.
- Processing payroll, other forms of compensation, and employee benefit plan and program design and administration including enrollment and claims handling, and leave of absence administration.
- To maintain physician records and occupational health programs.
- Maintaining personnel records and record retention requirements.
- Communicating with employees and/or employees’ emergency contacts and plan beneficiaries.
- Complying with applicable state and federal health, labor, employment, benefits, workers compensation, disability, equal employment opportunity, workplace safety, and related laws, guidance, or recommendations.
- Preventing unauthorized access to, use, or disclosure/removal of the Company’s property, including the Company’s information systems, electronic devices, network, and data.
- Protect the legal rights, privacy, safety or property of Company or its employees, agents, contractors, customers or the public.
- Protect against fraud or other illegal activity or for risk management purposes.
- Ensuring and enhancing employee productivity and adherence to the Company’s policies.
- To provide training and development opportunities.
- Investigating complaints, grievances, and suspected violations of Company policy.
- Design, implement, and promote the Company’s diversity and inclusion programs.
- Facilitate the efficient and secure use of the Company’s information systems.
- Ensure compliance with Company information systems policies and procedures.
- Improve safety of employees, customers and the public with regard to use of Company property and equipment.
- Improve efficiency, logistics, and supply chain management.
- Improve accuracy of time management systems, attendance, including vacations, sick leave and other absence monitoring.
- Evaluate an individual’s appropriateness for a participation position at the Company, or promotion to a new position.
- Client engagement and other legitimate business purposes.
- To respond to and manage any legal claims against the Company and/or its personnel, including civil discovery in litigation.
- To facilitate other business administrative functions and strategic activities, such as risk management, information technology and communications, financial management and reporting, workforce and succession planning, mergers and acquisition activities; and maintenance of licenses, permits and authorization applicable to Company operations.
3. Sources and Disclosures of Personal Information
To carry out the purposes outlined above, the Company may disclose information with third parties or service providers, such as background check vendors, third-party staffing vendors and information technology vendors, outside legal counsel, and state or federal governmental agencies.
The Company does not sell or share, as those terms are defined under applicable law, the above categories of Personal Information. We also do not use or disclose your sensitive personal information for purposes that, with limited exceptions, are not necessary to maintain the employment relationship as reasonably expected by an average employee. The Company may add to the categories of personal information it collects and the purposes it uses personal information. In that case, the Company will inform you.
California Resident Individual Rights Requests: Individuals who are residents of the State of California have certain individual rights as outlined below.
Upon receipt of a verifiable consumer request (see below), and as required by applicable law, we will provide a response to such requests.
Right To Know About Personal Information Collected or Disclosed: In addition to what is described above, as a California resident, you also have the right to request more information regarding the following topics , to the extent applicable:
- the categories of personal information,
- the categories of sources from which the personal information is collected,
- the business or commercial purpose for collecting, selling, or sharing personal information, if applicable,
- the categories of third parties to whom the business discloses personal information, and
- the specific pieces of personal information the business has collected about you.
Right To Request Deletion Of Your Personal Information: You have the right to request that we delete the personal information we collected or maintained about you. Once we receive your request, we will let you know what, if any, personal information we can delete from our records, and we will direct any service providers and contractors with whom we disclosed your personal information to also delete your personal information from their records.
There may be circumstances where we cannot delete your personal information or direct service providers or contractors to delete your personal information from their records. Such instances include, but are not limited to, enabling solely internal uses that are reasonably aligned with your expectations based on your relationship with the Company and compatible with the context in which you provided the information or to comply with a legal obligation.
Right to Request Correction: You have the right to request that the Company correct any inaccurate personal information we maintain about you, taking into account the nature of that information and purpose for processing it.
Right to Opt-Out of Sale or Sharing: You have the right to opt-out of the “sale” or “sharing” of your personal information as those terms are defined under California law. Please note that the Company does not currently “sell” or “share” personal information that is subject to this Notice.
Right to Limit Use and Disclosure: You have the right to limit the use or disclosure of your Sensitive Personal Information to only the uses necessary for us to provide our products or services, or for certain other purposes authorized by the CCPA. We will not use or disclose your Sensitive Personal Information after you have exercised your right unless you subsequently provide consent for the use of your Sensitive Personal Information for additional purposes.
Right to Non-Discrimination for the Exercise of Your Privacy Rights: We will not discriminate or retaliate against you for exercising any of your rights as described above.
Submitting Consumer Rights Requests: To submit a California Consumer Rights request as outlined above, please contact the Company’s Human Resources Department by calling us at (800) 543-7140 or emailing us at firstname.lastname@example.org. We reserve the right to only respond to verifiable consumer requests to know, delete, or correct.
We reserve the right to amend this Notice at any time without advance notice.
If you have questions about this notice, you may call (800) 543-7140.
If you have any any questions on these Terms and Conditions please e-mail us at email@example.com or call us at (800) 543-7140