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PRIVACY NOTICE

Last Updated: September 19, 2023

The Garland Company, Inc., Garland / DBS Inc., Design-Build Solutions, Inc. and its subsidiaries and affiliates (individually and collectively, “Garland,” “we,” “us,” or “our”) respect your privacy. We provide this website privacy notice (“Privacy Notice”) to describe how we collect, use, disclose, or otherwise process such data (including personal data) that we and our suppliers collect through our website (“Collected Information”) and our other websites on which this Privacy Notice is posted, on our mobile application(s) on which this Privacy Notice is posted, as well as the services made available through such websites (collectively referred to as the “Websites”). This Privacy Notice also describes your choices regarding the use of your Collected Information and how we communicate changes to this Privacy Notice.

By accessing or using the Website, by accepting the Website’s Terms of Use or by entering into any other agreement with Garland that governs access to or use of the Websites, you agree on behalf of yourself and any organization or company that you represent (together, “you”) that you have read, understand this Privacy Notice, and consent to the collection and use of information in accordance with this Privacy Notice. If you do not agree with this Privacy Notice, do not access or use the Websites. 

This Privacy Notice is incorporated into and made a part of our Terms of Use and any other agreement that references this Privacy Notice or that governs access to or use of the Website.

TABLE OF CONTENTS

1.    Changes to this Privacy Notice
2.    Information You Submit
3.    Other Information Collected
4.    How We Use and Share Collected Information
5.    Automated Processing
6.    Retention

7.    Additional Information for California Residents 
8.    Additional Information for Canadian Residents
9.    Exercise Your Rights
10.    Accuracy and Security
11.    Children
12.    Third Party Websites
13.    Contact Us
 

CHANGES TO THIS PRIVACY NOTICE
We reserve the right to update this Privacy Notice at any time. All updates will be effective immediately upon posting of the updated Privacy Notice on the Website. Material changes will be clearly posted on the Website or otherwise communicated to you. Please review this Privacy Notice regularly for updates.

INFORMATION YOU SUBMIT
Personal Information.
You can visit the Website without submitting your personal information to us, but you will be required to provide your personal information in order to use or access certain other tools and features of the Website. We will collect any personal information from or about you that you choose to provide to us, which may include, without limitation, your first and last name, physical address, telephone number, email address, job title, and the business or entity you work for or represent. Any such information that you choose to submit will be collected by Garland. We will use your personal information as described below in this Privacy Notice, including to set up and administer your account and to communicate with you.

Phone Numbers. If you provide a mobile or other telephone number to us, you consent to receiving text messages and telephone calls from us at that telephone number for the purpose of communicating you, to the extent permitted by applicable law.

Job Applications. If you submit a resume, job application, or related materials or other information to us, we may use that information to evaluate your qualifications and consider or respond to your inquiry or application. Your submission of a resume, job application, or related information does not in any way require Garland to review that information or consider you for employment. To view career opportunities at Garland or to submit a job application, you may be redirected to an online career portal operated by a third party. We encourage you to review any terms and privacy policies posted on that portal (if applicable).

Contact Form, Quotes, Requests for Support. To contact us for more information, quotes for our applicable products and services, or to request support via the Website, you will need to provide your contact information (as discussed under “Personal Information” above) as applicable, details of the products or services you are interested in, the company you work for, and the subject matter in which you are interested.

Marketing Communications. If you sign up or otherwise provide your email address to us, we will use this information to send you updates about Garland and promotional and other electronic communications. You may opt out of receiving updates and other emails from us at any time by following the unsubscribe instructions in the applicable email or by contacting us using the contact information provided below under “Contact Us.” Note that, even if you opt out of receiving promotional communications from Garland, you may still receive administrative communications from us with respect to your use of the Website and/or our products and services. We may use third-party email providers to deliver these communications to you.

Find a Rep Service. The Website allows a user to locate a Garland representative nearest to their current location. If a user chooses to use the Find a Rep services and feature, we will locate your nearest Rep via one of the following means: (i) your provision of the applicable Zip Code; (ii) your selection of the applicable state or province that you reside in; or (iii) where the option is made available, your precise geolocation will be collected by triangulating your IP address or similar online identifier with other information provided from your Internet service provider. 

OTHER INFORMATION COLLECTED
As you navigate and use the Website, certain information can be passively collected—that is, gathered without the user actively providing the information or being concurrently made aware of the collection of information—using various technologies. We passively collect a variety of types of information in a variety of ways, including:

IP Addresses and Related Data. The servers used to operate and provide the Website may collect data pertaining to you and the equipment, software, and communication methods you use to access the Internet and the Website, including Internet protocol (“IP”) addresses assigned to the computers and other devices from where you access the Internet, your Internet service provider (ISP), device ID numbers and unique identifiers, your media access control (MAC) address, your operating system, your computer screen resolution, your web browser type, the pages you access on the Website, the websites you access before and after visiting the Website, the length of time you spend on the Website, date and time stamps, clickstream data, your approximate geographic location, performance statistics, and usage data. Garland may use this information to administer the Website and its servers, to generate statistical information, to monitor and analyze Website traffic and usage patterns, to monitor and help prevent fraud, to investigate complaints and violations of our policies, and to improve the Website.

We may combine this information with other Collected Information (including personal information) and information obtained from third parties for security reasons and to protect our rights or the rights of others. The suppliers that we use to provide the Website may collect information about your visits to the Website and other websites. Some of this information may be collected using cookies and similar tracking technologies as explained below under “Cookies and Tracking Technologies.”

Analytics. The Website uses third-party analytics tools (e.g., Google Analytics) to collect and process data about your use of the Website, including when you visit the Website, URLs of the websites that you visit prior to visiting the Website and when you visit those websites, and IP addresses assigned to the devices from where you access the Internet. Our analytics providers may set and read cookies to collect this data and your web browser will automatically send data collected by those cookies to our analytics providers. Our analytics providers use this data to provide us with reports that we will use to improve the Website’s structure and content.


For more information on how Google uses this data, visit Google’s Privacy Policy and Google’s page on How Google uses data when you use our partners' sites or apps. To prevent this data from being used by Google Analytics, follow the instructions to download and install the Google Analytics Opt-out Browser Add-on for each browser you use. Using the Google Analytics Opt-out Browser Add-on will not prevent Garland from using other analytics tools and will not prevent data from being sent to the Website itself or to Google. For more information about how Google Analytics uses cookies to measure user interactions on websites, visit Google Analytics Cookie Usage on Websites. You may disable cookies as discussed below, but that may impact your use and enjoyment of the Website. 

Social Media. The Website may allow you to connect to and share information with social media platforms and we may be required to implement cookies, plug-ins, and APIs provided by those social media platforms in order to facilitate those communications and features. We may share information that you provide us or that we may collect about your use of the Website with those platforms and that information will be subject to their privacy policies. We encourage you to review the privacy policy of any social media platform that you use in connection with the Website. In addition, by choosing to use any third-party social media platform or choosing to share content or communications with any social media platform, you allow us to share information with the designated social media platform. We cannot control any policies or terms of such third party platform. As a result, we cannot be responsible for any use or disclosure of your information or content by third-party platforms, which you use at your own risk.

Garland is active on social media. You may have the opportunity to comment on those social media platforms regarding Garland and the products we offer and/or to submit or upload related photographs and other materials. Garland reserves the right to post on the Website, other websites, and social media pages any comments, photographs, or content that you post on our social media pages or provide to us through social media.

Cookies and Tracking Technologies. We use “cookies” on the Website. A cookie is a piece of data stored on a Website visitor’s hard drive by the visitor’s web browser. We use cookies to help us improve your access to the Website (for example, by remembering your contact and other information when you access or use the Website), to identify repeat visitors to the Website, to track how you access and use the Website, to learn when and how users visit the Website, to learn whether our Website and/or its pages are popular, to learn which search terms are used to find the Website, to learn which websites direct you to the Website, to help display certain information on the Website, and to improve your enjoyment of the Website. 

The Website may use both cookies that we implement, and cookies implemented by our suppliers and other third parties. “First-party” cookies allow your browser to talk to the actual website that you are visiting, whereas “third-party” cookies allow your browser to talk to third-party websites, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider. Additionally, a cookie can either be a “session” cookie or a “persistent” cookie. Session cookies exist only for so long as you are visiting the applicable website. Session cookies are typically deleted or removed when you exit or quit your browser application. Persistent cookies exist for a set period of time, for example, six months or one year. Each time you visit a website that has implemented a persistent cookie, that cookie will remain active until its predetermined expiration date.

Our suppliers may use cookies and tracking technologies, such as pixel tags, to track Website visitors across the Internet to understand how you get to the Website and for the analytics purposes disclosed in this Privacy Notice. We do not have access or control over these cookies and this Privacy Notice does not cover the use of third-party cookies.

The types of information collected by a cookie and the purposes for which that information is used depends on the type of cookie. By way of illustration, the types of cookies used, the types of information collected by those cookies, and the purposes for which that information are used are described below. We may combine information collected by cookies with other Collected Information.

•    Operationally necessary cookies (also called essential cookies). These are cookies that are required for the operation of the Website. For example, these cookies are required to identify irregular website behavior, prevent fraudulent activity, and improve security. They also allow users of the Website to make use of its functions. Without these cookies, features and services you have requested will not be able to be provided.

•    Functional cookies. These cookies allow us to offer you enhanced functionality when accessing or using the Website. This may include to remembering choices you make, for example, remembering your preferences or settings, remembering if you reacted to something on or through the Website so that you are not asked to react to it again, remembering if you have used any feature of the Website before, remembering your username or preferences, remembering if you have used any feature of the Website before, restricting the number of times you are shown a particular advertisement, and enabling social media components. If functional cookies are disabled, various functions of the Website may be unavailable to you or may not work the way you want them to.

•    Performance cookies (also called analytical cookies). These cookies assess the performance of the Website, including as part of our analytic practices to help us understand how visitors use and interact with the Website, for example, which pages on our websites users visit most often. These cookies also enable us to personalize content and remember your preferences. These cookies help us improve the way our websites work and provide a better, personalized user experience.

•    Advertising or targeted cookies. These cookies record your visits to the Website, the pages you visit on our websites, and the links you have clicked. They gather information about your browsing habits and remember that you have visited a particular website. Garland and its third-party advertising platforms or networks may use this information to make the Website and its content more relevant to your interests (this is sometimes called “behavioral” or “targeted” advertising and is further discussed above). These cookies are also used to limit the number of times you see an advertisement and to help measure the effectiveness of advertising campaigns. To find out more about interest-based ads and your choices, please visit the Digital Advertising Alliance, the Network Advertising Initiative, the Interactive Advertising Bureau (IAB) Europe, http://www.allaboutcookies.org, and http://www.youronlinechoices.com.

Most browsers automatically accept cookies. Browsers generally also allow users to manage cookies in the browser’s settings. For example, a browser may allow you to reject cookies from certain websites, reject certain types of cookies regardless of the website, reject or disable all cookies from all websites, and/or delete cookies stored previously. Some browsers also give you the option of being notified every time a cookie is sent to your browser by a website. You can disable or limit cookies but doing so may impact your use and enjoyment of the Website and other websites. For example, the Website may not be able to be personalized for you, may no longer capture or remember your preferences or other choices you have made on the Website in the past, and may not remember your name or contact information. Changing your cookie preferences in one browser will not necessarily carry over to other browsers, so you may need to adjust your preferences each time you get a new computer, install a new browser, upgrade an existing browser, or alter or delete a browser’s cookie file.

The Website may also use the following types of tracking technologies: web beacons (also called clear GIFs), flash cookies, and pixels (also called pixel tags). Web beacons are tiny graphics with unique identifiers that functions similar to how cookies function but, in contrast to cookies, web beacons are embedded invisibly on websites. Flash cookies collect and store information about your use of a website and are commonly used for advertisements and videos. Pixel tags can be placed on websites or within emails to track your interactions with those websites and when emails are opened.

How We Respond to Do-Not-Track Signals. Due to the automatic collection of data using cookies as described above, we do not respond to or honor “do not track” requests. For this reason, your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of information using cookies and other tracking technologies.

Embedded Content. The Website incorporates content, including feeds, scripts embedded in the Website’s code, and visible content (e.g., videos), provided by third parties. In some cases, those third parties collect data about how you interact with their content. For example, Google Maps or YouTube.

Google Maps. Our Website includes Google Maps features and content. Google Maps features and content is subject to the then-current versions of Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.

YouTube. Our Website may use YouTube to make content in video format available to you. By accessing a part of the Sites where videos are available, watching an embedded video, or otherwise interacting with any content made available through YouTube, you signify your agreement with YouTube’s terms and conditions. YouTube collects and otherwise has access to usage data (e.g., what videos you accessed and watched) through videos embedded in the Services as further described in YouTube’s Privacy Policy. YouTube adheres to Google's privacy policies and principles, part of which allow you to control certain privacy settings and which data are collected. For more information, please visit https://www.youtube.com/howyoutubeworks/user-settings/privacy/.

Information from Other Sources. We may obtain data about Website users from various third-party companies and public sources, whether offline or online (such as publicly available social media profiles), and we may combine that data with Collected Information. This enhances our existing information about our users and customers and improves our ability to contact you and our marketing’s relevancy.

HOW WE USE AND SHARE COLLECTED INFORMATION
In addition to, and consistent with this Privacy Policy (including, without limitation, the uses and sharing described above) Garland and its suppliers may use and disclose Collected Information as described below:

Personal Information

We collect the following subcategories of personal information:

We collect such personal information for the following purposes:

 Identifiers 

First and last name, physical address, telephone number, cellphone number, email address.

Performing services or providing products to you, providing customer services, verifying user information, facilitating access to services or products.

To communicate with you and send you information about our products or services, or to respond to your request for information or products and services.

To send promotional communications about us, to the extent permitted by applicable law.

Internet or other electronic network activity information

IP addresses, log files, login information, and cookies and device information (e.g., online activity such as date and time of accessing our websites, website addresses accessed, the length of website visit).

Analytical purposes, including, without limitation, to help us improve your access to the Website (for example, by remembering your contact and other information when you access or use the Website), to identify repeat visitors to the Website, to track how you access and use the Website, to learn when and how users visit the Website, to learn how popular Website pages are and aren’t, to learn which search terms are used to find the Website, to learn which websites direct you to the Website, to help display certain information on the Website, and to improve your enjoyment of the Website.

To administer the Website and its servers, to generate statistical information, to monitor and analyze Website traffic and usage patterns, to monitor and help prevent fraud, to investigate complaints and violations of our policies, and to improve the Website.

Geolocation

Physical address; work / business address, state, region, IP address.

To communicate with you and send you information about our products or services, or to respond to your request for information or products and services.

To facilitate your use of the Find a Rep tool and feature made available on the Website.

To send you promotional communications about us and our products or services, to the extent permitted by law.

To ship products to you and fulfill orders you have requested.

Professional or employment-related information

Business contact information, including, but not limited to, job title, place of employment, business phone number, business address.

Performing the services or providing products, including, without limitation, providing customer services, verifying user information, facilitating access to the services and products.

Communicating with users who have requested support, information, or services.

To send you promotional communications about us and our products and services, to the extent permitted by law.

In addition to and consistent with the purposes identified above, Garland and our suppliers may use or disclose Collected Information for the following purposes:  

•    Sharing Collected Information with our Affiliates. Based on how you use the Website and the information that you provide to or request from us, we may share your name, contact information, and related Collected Information with our affiliated companies who have products or services that we think may be of interest to you. Our affiliated companies may contact you directly with respect to such products and services. You may opt out of receiving communications from any such affiliated company pursuant to that affiliate’s own policies. You may opt out of receiving communications from us by contacting us using the information below under “Contact Us.”
•    Sharing with our Service Providers. We may disclose Collected Information to our suppliers and service providers as necessary for us to provide the Website and our products and services to you, to engage in the use and sharing of Collected Information as permitted by this Privacy Notice, and as may be otherwise required or permitted by applicable law. These third parties include, without limitation, our affiliates and related entities, website and software management and hosting suppliers, support service providers, third party payment processors, cloud storage providers, information technology security providers, marketing and public relations service providers, and email service suppliers. 
•    Text Messages. If you opt in to receiving text messages (including SMS) on the Services when prompted, we may send you text messages at the number you provide for marketing purposes and communications. You can opt out of the receipt of such communications by texting us STOP at the number you received such message from. If you opt out of receiving marketing communications from us, please note that we may still send you messages to your physical address, email, or via text messages regarding your account, or for any Services you have requested or received from us (e.g., to notify you about the status of a purchase that you have made with us). Message and data rates may apply.
•    Data Aggregation. To the extent permitted by applicable law, we may aggregate personal information, user-generated content, and other Collected Information and use that aggregate data for our business purposes. 
•    Lawful Processes, Security & Protection of Rights. We may use and share Collected Information as required or permitted in accordance with subpoenas, court orders, valid law enforcement requests, governmental agency requests, and other legal processes. We may use Collected Information if we believe doing so is necessary or appropriate to protect our rights or the rights of others.
•    Business Transactions. If Garland undergoes a change in control, acquisition, merger, reorganization, or asset sale (in whole or in part), we may transfer, sell, share, or otherwise disclose Collected Information to the subsequent owner(s) or successor(s) of those transactions. We may also disclose Collected Information in connection with the evaluation of those transactions. 
•    With Your Consent. With your consent, we may use and share your personal information and other Collected Information in ways not specifically described in this Privacy Notice.

Disclosures to Third Parties. Pursuant to and consistent with the purposes for collecting your information as set forth in this Privacy Notice we disclose certain categories of personal data to third parties for a business (or other) purpose. The categories of personal information we disclose include:

•    Identifiers: including but not limited to name, telephone number, address, or email address;
•    Internet or other electronic network activity information: including but not limited to computer and connection information, IP address, and cookies and other tracking technologies described further above; 
•    Geolocation information: such as your IP Address triangulated with other unique identifiers provided by your Internet service provider; and 
•    Inferences: drawn from the above categories of personal information.

As described in this Privacy Notice above, applicable business purposes for such disclosures include, without limitation, product and service fulfillment, internal operations, prevention of fraud and other harm, and legal compliance.

The categories of third parties to which we may share the above categories of information, include, without limitation: 

•    Our affiliates and related entities;
•    Third party service providers: including, but not limited to, email service and marketing provider, customer relationship service providers, data analytics providers, fraud prevention providers, cloud storage providers, IT service providers, and delivery partners; and
•    Law enforcement

AUTOMATED PROCESSING.
You will not be subject to decisions based on automated information processing without your prior consent.

RETENTION 
Garland will retain personal information for as long as it is needed for or otherwise serves the purposes outlined in this Privacy Notice, subject to applicable law. Further, personal information is retained in accordance with our policies and practices, applicable law, and contractual obligations.

Personal information collected for the purposes related to the performance of a contract or agreement between you and Garland will be retained until such contract or agreement has been fully performed. We may be required to retain personal information for a longer period of time where required to do so under applicable law or government order.


ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS OR WHERE REQUIRED BY APPLICABLE U.S. STATE LAW:

The below section of this Privacy Notice only applies to California residents and such other persons as may be required under applicable U.S. state law.

Sources. Consistent with the Privacy Notice above, we collect certain categories of personal data directly from you and, in some circumstances, third parties. The categories of sources that we collect personal data from in the prior 12 months includes the following:

•    Garland’s third party service providers;
•    Analytics and marketing providers;
•    Affiliated and related companies
•    Social media companies;
•    Our Websites; and
•    Your communications with us.
 

Sensitive Personal Information. Certain jurisdictions provide special categories of personal information that are considered sensitive under applicable law. As discussed in this Privacy Policy above, we collect and use the following categories of sensitive personal information:

•    Precise Geolocation 

We collect and use your sensitive personal information for the purpose of providing, and facilitating your use of, the Find a Rep tool and feature. We may additionally use your sensitive personal information for the following purposes:

•    to carry out our obligations under applicable law;
•    for the performance of an agreement with you and to provide services requested by you and as reasonably expected in the context of such performance;
•    to protect our legal interests and to ensure the physical safety of ourselves and other individuals; and
•    as otherwise required by law.

Rights. Applicable laws in your jurisdiction may grant you certain rights—subject to all applicable limitations, exemptions, or exceptions—regarding our collection and use of your personal information. These rights may include, to the extent applicable and to the extent granted under applicable law:

•    The right to request the disclosure of (1) what personal information has been collected; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for collection or selling personal information; (4) the categories of third parties with whom we share personal information; and (5) the specific pieces of personal information we have collected about you (e.g., data portability);
•    The right to request the deletion of your personal information that we have collected;
•    The right to request the correction of your personal information that we collected; and
•    The right to not be discriminated against due to your exercise of your rights under applicable law. We do not discriminate against users for exercising the rights granted to them under applicable law.

We do not sell your personal information to third parties, nor do we share your information for purposes of cross-contextual behavioral advertising as may be defined under applicable law. Additionally, we do not use your personal information to profile you in furtherance of decisions that produce legal or significantly similar effects (as may be defined under applicable law).

The above rights are only exercisable by you where the applicable law grants you the right being exerted and where no exception or exemption under applicable law applies. You may also have a registered agent (if and only as permitted under applicable law) that you authorize to act on your behalf. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act. To exercise the rights described herein (only to the extent applicable), you may submit a verifiable request to us by through the methods set forth under the “Exercise Your Rights” section below. 

ADDITIONAL RIGHTS FOR CANADIAN RESIDENTS

The following section of this Privacy Notice only applies to Canadian residents. Under various Canadian laws and regulations, you have certain rights in regard to our collection of personal information. These rights include:

•    The right to request access to your personal information;
•    The right to request corrections to your personal information;
•    The right to lodge a complaint with the Office of the Privacy Commissioner of Canada and/or the applicable Canadian provincial regulatory body if you consider that the collection and use of your personal information violates this Privacy Notice or applicable law.

The above rights are only exercisable by you where applicable law in the jurisdiction in which you reside actually grant you the right being exerted.

EXERCISE YOUR RIGHTS
If this Privacy Notice expressly stated above that you have certain rights or applicable law grants you certain rights as it relates to this Privacy Notice and Collected Information, you may submit a verifiable request to us by 
Telephone: 800-321-9336
Visiting: Data Request Form  

Only you or a registered agent (if and only as permitted under applicable law) that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act. Without limiting the foregoing, the verifiable consumer request must:
•    Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
•    Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot 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.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. 
We will respond to your request within the applicable timeframe required under applicable law. 

ACCURACY AND SECURITY
Personal data you provide to us should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up to date.

We have in place reasonable and appropriate technical, physical, and organizational procedures and security measures designed to safeguard and secure personal information from unauthorized loss, alteration, access, disclosure, and processing, taking into account the cost of implementing such measures commensurate with the risks posed by the particular type of processing, the nature of the personal information, and in accordance with applicable law. We value your trust in providing us your information; however, no method of transmission over the Internet, or method of electronic storage is 100% secure and reliable. We cannot guarantee the security of Collected Information.

CHILDREN
The Website is not directed at children under 16 years of age. Garland does not knowingly collect or use information from children under 16 through the Website.

THIRD PARTY WEBSITES
The Website may link to, or be linked to, websites, or services not maintained or controlled by Garland. Garland is not responsible for the privacy policies or practices of any third parties or any third-party websites, applications, or services. This Privacy Notice does not apply to any third-party websites, applications, or services or to any personal or other information that you may provide to such third parties. We encourage you to read the privacy policy for each website, application, and service you visit, use, or interact with.

CONTACT US
If you have any questions about this Privacy Notice or our collection, use, or disclosure of information, please contact us via email at [email protected].