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Foundation Building Materials United States Regional Privacy Notice

This United States Regional Privacy Notice (the “Notice”) supplements the Privacy Policy of Foundation Building Materials, LLC and its parents, subsidiaries, divisions and affiliates (“us”, “we”, “our”, or “FBM”) and applies solely to customers, visitors, users, and others who reside in the United States (“consumers” or “you”). 

This Notice explains how we collect, use, and disclose your Personal Information. It also describes how to exercise your rights under the California Consumer Privacy Act, the Colorado Privacy Act, the Connecticut Act Concerning Personal Data Privacy and Online Monitoring, the Utah Consumer Privacy Act, and the Virginia Consumer Data Protection Act. We call those laws collectively the “U.S. Privacy Laws.”

When we say “Personal Information” in this Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with you, directly or indirectly. Personal Information does not include information that cannot be reasonably linked to you. When data is deidentified (as defined under the U.S. Privacy Laws), we maintain it in deidentified form and do not attempt to reidentify the information.

Updated: December 13, 2023.


How we collect, use and disclose Personal Information

To provide the products and services to you by FBM, we collect and process Personal Information about you. The best way to learn about the types of Personal Information we collect and how we use them is to review the Privacy Policy.


Subject to the limitations we describe in our Privacy Policy, we may disclose your Personal Information for business purposes, with strict restrictions on how our vendors can use and disclose the data we provide. We may also disclose it at your direction or in other ways that are in accordance with the U.S. Privacy Laws. We do not “share” your Personal Information, as defined in the California Consumer Privacy Act (“CCPA”). We also do not sell any of your Personal Information. The information we collect, use and disclose about you will vary depending on how you interact with FBM and which products and services you have requested from us. In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:


Categories of Personal Information we collect may include:Examples of how Personal Information may be used include:Parties with whom each category of Personal Information may be disclosed include:

·   Identifiers;

·   Characteristics of protected classifications;

·   Commercial information;

·   Photos and videos, which may include face imagery;

·   Internet or other electronic network activity information, including browser and app logs, content you view or engage with, and app, browser and device information;

·   Location-related information;

·   Audio or visual information, including photos, videos, and voice recordings;

·   Professional or employment information;

·   Education information;

·   Information derived from other Personal Information about you, which could include your preferences, interests, and other information used to personalize your experience; and

·   Other information you provide.

We may also collect sensitive personal information (as defined in U.S. Privacy Laws), which may include:

·   Social security, driver’s license, state identification card, or passport number;

·   Precise geolocation;

·   Information about your racial or ethnic origin or religious views or union membership;

·   Information about your citizenship and immigration status;

·   The content of messages you send and receive, which are considered sensitive personal information under the CCPA; and

·   Information about your health.

·   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 research and analysis;

·   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; 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.

For categories of sensitive personal information that we collect, we will only use or disclose it either with your specific consent when required, or as otherwise permitted by law, including the CCPA.  about the permitted purposes under CCPA.

·   Service providers that process information on our behalf, such as delivery vendors, providers of digital analytics services, and fraud prevention.

·   Manufacturers of products and providers of services.

·   Any successor to all or part of our business.

·   Advisors and consultants.

·   Advertising partners.

·   Law enforcement, public and government authorities, and other entities as we deem reasonably necessary to comply with law, support investigations, and protect the rights and property of you, us, and others.

·   Our affiliates and subsidiaries.


Sources of Personal Information

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, and the FBM app. 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.


How long do we keep your Personal Information?

We keep Personal Information, including sensitive Personal Information, as long as we need it to provide our products and services, comply with legal obligations or protect our or other’s interests. We decide how long we need information on a case-by-case basis.


Here’s what we consider when we decide:

  • If we need it to operate or provide our products and services.
  • How long we need to retain the information to comply with certain legal obligations.
  • If we need it for other legitimate purposes, such as to prevent harm; investigate possible violations of our terms or policies; promote safety, security and integrity; or protect ourselves, including our rights, property or products.

Your Rights to Request Certain Information and Actions From Us


Depending on where you live and subject to certain exceptions, you may have some or all of the following rights:

  • Right to Know: The right to request that we disclose to you the Personal Information we collect, use, or disclose, and information about our data practices.
  • Right to Request Correction: The right to request that we correct inaccurate Personal Information that we maintain about you.
  • Right to Request Deletion: The right to request that we delete your Personal Information that we have collected from or about you.
  • Right to Non-Discrimination: The right not to receive discriminatory treatment for exercising your privacy rights.

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 U.S. Privacy Laws.  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.

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 U.S. Privacy Laws.  We cannot delete personal information in response to an unverified request because doing so would pose an undue threat to consumer privacy.  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 U.S. Privacy Laws, or in related regulations, 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


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. 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 requests and 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.

We did not receive any requests for access or deletion of Personal Information in 2023.


We will not discriminate against you for exercising any of your rights under U.S. Privacy Laws.  Unless permitted by U.S. Privacy Laws, 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.

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