This Privacy Notice For California Residents (the “Notice”) supplements the Privacy Policy of Foundation Building Materials and applies solely to customers, visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice pursuant to the California Consumer Privacy Act of 2018 and related regulations (the “CCPA”). Any terms defined in the CCPA have the same meaning when used in this notice.
This Notice does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals (see previously provided California Supplement).
Where noted in this Notice, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B personal information”) from some its requirements.
Updated: December 28, 2020.
Personal Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
Category | Examples | Collected |
A. Identifiers. | A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. | YES |
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. | YES |
C. Protected classification characteristics under California or federal law. | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, 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. | Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | NO |
F. Internet or other similar network activity. | Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. | YES |
G. Geolocation data. | Physical location or movements. | 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. | NO |
K. Inferences drawn from other personal information. | Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | NO |
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from our customers or their agents. For example, from purchase orders that our customers provide to us related to the products for which they have ordered from us.
- Indirectly from our customers or their agents. For example, through information we collect from our customers in the course of providing products to them.
- Directly and indirectly from activity on our websites, including, but not limited to, www.fbmsales.com and www.fbmsupply.com. For example, from submissions through our website portal or website usage details collected automatically.
- From third-parties that interact with us in connection with the products we provide. For example, from prime contractors as we deliver the products you have ordered from us.
Personal information does not include:
- Publicly available information from government records; and
- De-identified or aggregated consumer information
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
- To fulfill or meet the reason for which the information is provided. For example, if you share your name and contact information to get a quote, we will use that personal information to respond to your inquiry.
- To provide you with products or services that you request from us.
- To provide you with email alerts, notices concerning our products or services, or events or news, that may be of interest to you;
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections, FBM’s Terms of Use, Terms and Conditions of Sale and FBM’s Commercial Credit Terms;
- To improve our website and present its content to you;
- For testing, research, analysis and product development;
- To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business;
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
- As described to you when collecting your personal information or as otherwise set forth in the CCPA; and
- 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 is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the twelve (12) months before this Notice was last updated, we have disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category D: Commercial information.
We disclose your personal information for a business purpose to the following categories of third parties:
- Our affiliates.
- Service providers.
- Third parties to whom you authorize us to disclose your personal information in connection with products or services we provide to you.
In the preceding twelve (12) months, we have not sold any personal information.
Your Rights to Request Certain Information and Actions From Us
Under the CCPA, individuals who are California residents, i.e., “consumers,” have four rights to request certain information from, or certain action by, covered businesses regarding their personal information, as described below. The requests may be made by a consumer, by a consumer on behalf of the consumer’s minor child, or by a person registered with the California Secretary of State who is authorized by the consumer to act on the consumer’s behalf:
Access to Specific Information and Data Portability Rights
First, you have the right to request that a business disclose to you the following with respect to the 12-month period preceding your request: (i) the categories and specific pieces of personal information the business has collected about you, (ii) the categories of sources from which the personal information is collected, (iii) the business or commercial purposes for collecting or selling personal information, and (iv) the categories of third parties with whom the business shares personal information. We will respond to the request if we are able to verify its authenticity in a manner established by the CCPA or related regulations adopted by the California Attorney General (the “AG”). We cannot make disclosures in response to unverified requests because doing so would pose an undue threat to consumer privacy. You may make a second request after your first request, but we are not required to provide requested information a third time in the 12 months following your first request. We do not provide these access and data portability rights for B2B personal information.
Deletion Request Rights
Second, you have the right to request that a business delete any personal information about you that the business has collected from you. We will respond to the request if we are able to verify its authenticity in a manner established by the CCPA or related regulations adopted by the AG. We cannot delete personal information in response to an unverified request because doing so would pose an undue threat to consumer privacy. We do not provide these deletion rights for B2B personal information. Notwithstanding a verified request, we are not required to delete your personal information if it is necessary for us or our service providers to maintain your personal information in order to:
- Complete the transaction for which the personal information was collected;
- Provide a product or service requested by you, or that we reasonably anticipate within the context of an ongoing business relationship with you;
- Perform a contract with you;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
- Debug to identify and repair errors that impair existing intended functionality;
- Exercise free speech or ensure the right of another California resident to exercise his or her right of free speech;
- Exercise any other 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;
- Enable solely internal uses that are reasonably aligned with the expectations of the consumer based on your relationship with us;
- Comply with a legal obligation;
- Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information; or
- Enable any other use that may be recognized under the CCPA, as amended, or in related regulations adopted by the AG, as an exception to our obligation to comply with requests to delete personal information.
Exercising Access, Data Portability, and Deletion Rights
Third, you have the right to request that a business that sells your personal information, or that discloses it for a business purpose, disclose to you the following with respect to the 12-month period preceding your request: (i) the categories of personal information that the business has collected about you, (ii) the categories of personal information that the business sold about you and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each third party to whom the personal information was sold, and (iii) the categories of personal information that the business disclosed about you for a business purpose.
How to submit your requests
To exercise the rights described above, please submit a verifiable consumer request to us by either:
- mailing a request to:
Foundation Building Materials
2520 Red Hill Avenue
Santa Ana, CA 92705
Attention: Legal Department
- emailing us at consumerprivacy@fbmsales.com
- calling us at 1 (888) 994-0877
- Contacting us online
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
How we respond to requests
We will respond to a verified request within 45 days of receiving it, unless it is reasonably necessary to extend that period by an additional 45 days, in which case we will provide notice of the extension to you during the first 45-day period. We will deliver our response through your account with us, if you maintain such an account. If you do not maintain an account with us, we will deliver our response by mail or electronically at your option. If your request does not specify a choice between those two methods of delivery, we will respond by mail or electronically at our option.
We will respond to verified requests as described above at no charge to you. However, if requests from a consumer are manifestly unfounded or excessive, in particular because of their repetitive character, we may either charge a reasonable fee, taking into account the administrative costs of providing the information or communication or taking the action requested, or refuse to act on the request and notify the consumer of the reason for refusing the request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services;
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- Provide you a different level or quality of goods or services; or
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Other California Privacy Rights
Under California’s “Shine the Light” Law (Civil Code section 1798.83), California residents are entitled to request information relating to whether a business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. We do not share your personal information with third-party companies for their direct marketing purposes without your consent.
Changes to This Notice
We will update this notice at least once every 12 months to reflect changes in our practices or applicable law. We otherwise reserve the right to amend this notice at our discretion and at any time. When we make changes to this notice, we will notify you by email or through a notice on our website homepage. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.
Contact Information
If you have any questions or comments about this notice, our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at consumerprivacy@fbmsales.com.