Privacy Notice

Effective: December 18, 2019

General

This Privacy Notice (“Privacy Notice”) sets forth the privacy practices and policies of Boral Industries Inc. and/or its North American subsidiaries and affiliates which display this notice (“Boral,” “us,” or “we”) in connection with our websites and online services (the “Sites”). This Privacy Notice describes the information about you that we collect through the Sites, and how that information is used, maintained and, in some cases, shared. This Privacy Notice only addresses our own information practices. This Privacy Notice does not apply to information collected or received through other means, to information collected by any third party including websites or applications we may link to. This Privacy Notice does not apply to anonymized or aggregated data which does not identify individuals.

In order to fully understand your rights we encourage you to review this Privacy Notice.

We may, from time to time, revise or update this Privacy Notice. This may include making changes to the way we collect, maintain and store information. If we make changes to this Privacy Notice, we will post notice of the modifications to the Privacy Notice each page of our Sites where this notice is displayed. Please check the “Effective Date” to see when this Privacy Notice was last revised. Changes will become effective no sooner than fourteen days after they are posted. Nevertheless, if the changes are required by law, then they will be effective immediately. Please note that we may retain the personal information gathered on our Sites in accordance with our information retention policies.

What Information We Collect About You and How We Use It

We gather several different types of information about users of our Sites, including first and last name, home or other physical address, contact information (including email address and telephone number), and other identifiers that permit you to be contacted online or offline. We also collect information about your use of our Sites, and our transactions or other communications. We use the information we collect to operate our business, including the Sites and for other purposes permitted or required by law. In general, we may use the information we gather:

• To manage our Sites and present its contents to you. For example, we may use the information we gather to: estimate our audience size and usage patterns; store information about your preferences, allowing us to customize our Sites according to your individual interests; and recognize you when you return to the Sites. We may use the information that we collect or receive to provide support and assistance that you request or to diagnose or address technical problems in the operation of our Sites or any of our services. If you establish an account with us, we may use information about you to manage or support your account. We may identify your use of our Sites across devices, and we may use information we collect from you and receive from others to customize your use of the Sites as you use different devices.
• To provide you with information, products, or services that you request from us.
• To improve and evolve our services, including our Sites.
• To provide you with notices about your account and to contact you through telephone, text, email or chat, as permitted by law.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Sites or any products or services we offer or provide though it.
• To allow you to participate in interactive features on our Sites.
• In any other way we may describe when you provide the information.
• For other lawful purposes.

Below, we explain more about specific information collection and use.

Information You Provide to Us:

We gather and retain personal information about you when you voluntarily submit it to us. For example, if you choose to complete and submit a form requesting a brochure or other contact, we will retain the data you submit to respond to your inquiry and/or request, and for our records. Similarly, we retain information provided when you register a warranty. We also collect information relating to purchases, communications or other transactions you may engage in with us. This may include payment information (such as payment card details and billing address), order details, shipping details, and other information.

Automatically Collected Information:

Like many other websites and online services, we collect information about users’ utilization and navigation of the Sites. This information may be collected automatically. We may use this information to help us design the Sites to better suit our users’ needs, operate our business, help diagnose problems with or administer the Sites, customize the display of our Sites to you, and for other purposes consistent with this Privacy Notice. Information we collect automatically includes: the URL that you visited before you came to the Sites; the URL to which you next go; your Internet Protocol (IP) address or other identifiers associated with your devices; the pages you visit; information regarding your browser, device, operating system, and internet service provider; other information regarding your activities on our Sites; and cookie information (discussed further below). Please note that the information we collect, including IP address, may permit us to identify your specific location or region. We may combine the information we collect about you, including automatically collected information, with other information we gather, including information gathered about third parties.

Cookies:

As you navigate through and interact with our Sites, we may use cookies or other automatic data collection technologies (“Cookies”) to collect certain information to authenticate you, and to collect information about your device, browsing actions, and patterns, including:

• Information that is collected by most browsers, such as your Media Access Control (MAC) address, device type (Windows or Mac), screen resolution, operating system version, Internet browser type and version and the type and version of the Sites that you are using. We use this information to ensure that the Sites function properly.
• An Internet Protocol (IP) address is a number that is automatically assigned to your device from which you access our Sites by your Internet Service Provider and is identified and logged automatically in our server log files whenever you visit the Sites, along with the time of the visit and the activity on the Sites. We and our service providers use IP addresses for purposes such as calculating Sites usage levels, helping diagnose server problems, administering the Sites and determining your approximate geographic location.

The information we collect automatically is information that includes personal information, and we may maintain it or associate it with personal information we collect from you in other ways or that we receive from third parties. We may use the information for marketing or analytical purposes. Cookie information helps us to operate and improve our Sites and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize and improve our Sites according to your individual interests and usage.
• Speed up your searches.
• Recognize you when you return to our Sites.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Sites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Sites.
• Google Analytics: Google Analytics uses cookies and similar technologies to collect and analyze information about use of the Sites and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. We do not control Google’s tracking technologies or how they are used. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. Please note that third parties may collect personal information about your online activities over time and across different websites when you use our Sites.

As of the Effective Date listed above, there is no commonly accepted response for Do Not Track signals initiated by browsers. Therefore, we do not respond to such signals or to other mechanisms that provide the ability to exercise choice regarding the collection of personally identifiable information regarding your online activities over time and across third-party websites or online services. We do not control how third parties may use information they gather, including through Cookies or other content third parties may provide on our Sites.

Social Networking Activities:

Our Sites may include the ability for you and other users to link to and share information on social networking websites. As a result, we receive information about you when you choose to post or otherwise share information about our Sites on these social networking websites. We may use such information about you in a variety of ways, including to administer the Sites and enhance your experience with the Sites, to communicate with you about the Sites and new offerings associated with the Sites, and to understand your interests.

The Sites may include the ability for you and other users to post comments, photographs and other content on the Sites. As a result, we will also receive information about you: (i) when you choose to post or otherwise share information on the Sites; or (ii) when other users post or otherwise share information about you on the Sites. We may use such information about you in a variety of ways, including to administer the Sites and enhance your experience with the Sites, and to communicate with you about the Sites and new offerings associated with the Sites. And such information that you or others post to the Sites will be readily accessible by any other users of the Sites and public.

Registration:

Some portions of the Sites may require that you register and provide us with certain information, including your first name, last name and email address, and a password. You may also submit other information about yourself, such as your contact information and personal details. This registration information will be used for identification purposes, to communicate with you regarding your account with us, and to facilitate the functioning of the Sites and our services. You may update your registration information by logging in to your account.

Promotions:

If you participate in promotions on the Sites, such as a sweepstakes or contest, we will collect certain information about you. For example, you may be asked to provide your name, email address, and mailing address. We will use this information to communicate with you about the promotion. We may also use this information to promote the Sites or our products to you in the future, unless you inform us that you opt out from receiving such communications. See below, opting “Out of Communications” to learn more about opt out options. Note that, even if you opt out of marketing communications, we may still send you other communications (such as communications about transactions you have completed with us).

When Personal Information Will Be Shared or Disclosed

We may use and share the personal information that we collect about you through the Sites or our interactions with you, including in the following situations:

• We may disclose information that we collect about you to our affiliates, third-party contractors, payment processors and others who perform services for us in connection with the Sites or our businesses, or to complete or confirm a transaction or series of transactions that you conduct with us. We may also disclose information to our franchisees, distributors, service providers or others if the disclosure will enable that party to perform business, professional or technical support for us or for you.
• We may disclose data about you for marketing or promotional purposes, including to third parties for their marketing purposes (such as by providing information to distributors of our products).
• We may disclose information about you as part of a merger, acquisition, or other sale or transfer of all or part of our assets or business. If you are a Canadian resident, any entity receiving such information in connection with one of these transactions will be required to use and disclose this personal information only for those purposes for which you have granted consent.
• We may be legally obligated to disclose information about you to third parties under certain circumstances, such as in connection with illegal activity on the Sites, or to respond to a subpoena, court order or other legal process. We reserve the right to release information that we collect to law enforcement, government officials, or third parties as required or permitted by law, to protect our rights and the rights of others, or in our discretion to prevent fraud, harm, or loss to you, ourselves or others.

We may offer community features and public interactive forums through the Sites, like discussion boards, product reviews, chat rooms, forums, wikis, social networking platforms, and blogs. When you participate in such offerings, your username, postings and other personal information you choose to provide or communicate in these public spaces may be seen by others, and you should exercise caution when disclosing such information and realize that information you post could remain viewable in cached or archived webpages or copied and stored by other users even after you remove it. We cannot control the actions of other users of the Sites, and we are not responsible for the results of your postings. Furthermore, when you participate in these interactive features, you may be agreeing to additional terms of use that, among other things, specifically allow us to use your name and other information in our marketing and advertising.

If you access the Sites from outside of the United States, information that we collect about you will be transferred to servers inside the United States, which may involve the transfer of information out of your country if you do not live in the United States. By allowing our Sites to collect information about you, you consent to such transfer and processing of your data.

Opting Out of Email Communications

If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt out of receiving marketing-related emails by clicking the “unsubscribe” link at the bottom of any email newsletter you receive. If you are having difficulty unsubscribing from our marketing communications using the above methods, please contact us directly at the email or phone number listed below under Contact.

Please allow ten business days for us to process your request. However, please note that even if you opt out from receiving marketing emails, we may send you other communications (such as service-related communications).

Security

We take steps to protect the user data we collect against unauthorized access. However, you should keep in mind that the Sites do run on software, hardware and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control.

However, please also be aware that no data transmission over the Internet or encryption method can be guaranteed to be 100% secure.

Children’s Privacy

If you are under the age of 18, please do not use or access the Sites in any way. It is not our intention to collect personal information from anyone under 18 years of age.

Canadian Access and Rectification Rights

If you are a Canadian resident, then, under Canadian privacy law, you have the right to request access to the personal information we have collected from you, subject to certain exceptions, and the right to rectify any personal information that you can demonstrate is inaccurate or incomplete. All requests for such information must be in writing and sent to us at the mailing address set forth below.

California Privacy Rights

If you are a California resident, the following provisions apply to our processing of information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household subject to the California Consumer Privacy Act (“California Personal Information”). For such residents, the provisions of this California-Specific Addendum prevail over any conflicting provisions in our Privacy Policy.

California Personal Information We Collect

Boral has collected information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device within the last 12 months, including the following categories of California Personal Information:

For each of these categories, we obtain California Personal Information either directly from you or automatically as a result of your use of the Site. We may combine the information we collect about you, including automatically collected information, with other information we gather, including information gathered about third parties. We also may receive information about you when you choose to post or otherwise share information about our websites on social networking platforms.

For more information, please see the “What Information We Collect about You and How We Use It” section of our Privacy Policy.

Sale and Disclosure of California Personal Information

Within the last 12 months, we have transferred California Personal Information for monetary or other valuable consideration as a “sale” under the California Consumer Privacy Act in all or substantially all the above categories (A)-(J).

Within the last 12 months, we have disclosed California Personal Information identified in all or substantially all the above categories (A)-(J) for our business purposes, including to service providers, corporate affiliates and partners, and any entities involved in the sale or merger of our business or the transfer of assets. To learn more about the categories of third parties with whom we share such information, please see the “With Whom Do We Share Information That We Collect” section of our Privacy Policy.

We do not disclose personal information of individuals we know to be under the age of 16 to business or third parties for monetary or other valuable consideration as a “sale” under California law, without affirmative authorization.

Use of California Personal Information

For each of the above categories, we use the California Personal Information we collect for the business purposes disclosed within this Privacy Notice. For more information, please see the “What Information We Collect about You and How We Use It” section of our Privacy Policy.

These business purposes include:

1. Audits and reporting relating to particular transactions and interactions, including online interactions, you may have with us or others on our behalf;
2. Detecting and protecting against security incidents, and malicious, deceptive, fraudulent or illegal activity, and prosecuting the same;
3. Debugging to identify and repair errors in our systems;
4. Short-term, transient use including contextual customization of ads;
5. Providing services on our behalf or on behalf of another, including maintaining or servicing accounts, providing customer service, fulfilling transactions, verifying identity information, processing payments, and other services such as: providing samples, supporting warranties, or following up on inquiries or expressions of interest in our products.
6. Conducting internal research to develop and demonstrate technology; and
7. Conducting activity to verify, enhance, and maintain the quality or safety of services or devices which we may own, control, or provide.
8. Other purposes consistent with our Privacy Policy.

We may also use the information we collect for our own or our service providers’ other operational purposes, purposes for which we provide you additional notice, or for purposes compatible with the context in which the California Personal Information was collected.

Your California Rights

If you are a California resident, you have certain rights related to your California Personal Information. You may exercise these rights free of charge except as otherwise permitted under applicable law.

• Right to Access/Know. You may request that we disclose to you:
  • the categories of California Personal Information we have collected about you;
  • the categories of sources from which the California Personal Information is collected;
  • our business or commercial purpose for collecting or selling California Personal Information;
  • the categories of third parties with whom we share California Personal Information; and
  • the specific pieces of information we have collected about you.
  • To the extent that we sell your California Personal Information within the meaning of the California Consumer Privacy Act or disclose such information for a business purpose, you may request that we disclose to you:
    • the categories of California Personal Information that we have collected about you;
    • the categories of California Personal Information about you that we have sold within the meaning of the California Consumer Privacy Act and the categories of third parties to whom the California Personal Information was sold, by category or categories of personal information for each third party to whom the California personal information was sold; and
    • the categories of California Personal Information about you that we disclosed for a business purpose.
• Right to Delete. You have the right to request that we delete California Personal Information about you which we have collected from you.
• Right to Opt-Out and Right to Opt-In. You have the right to direct us to not sell your personal information at any time (the “right to opt-out”).
  • For information on submitting an opt-out request, click here: datarequest@boral.com

You may request to exercise these rights by:

• Calling us toll-free at 888-289-1180
• Following the rights request guidance available here: datarequest@boral.com

Verification

As required under applicable law, we may take steps to verify your identity before granting you access to information or acting on your request to exercise your rights. We may require you to provide the following information to verify your identity in response to exercising requests of the above type:

• Name
• E-mail Address
• Physical Mailing Address(es)
• Phone Number(s)

We may limit our response to your exercise of the above rights as permitted under applicable law.

Nondiscrimination and Financial Incentives

Subject to applicable law, we may not discriminate against you because of your exercise of any of the above rights, or any other rights under the California Consumer Privacy Act, including by:

• Denying you goods or services;
• Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
• Providing you a different level or quality of goods or services; or
• Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Agent Authorization and Disability Access

Under California law, you may designate an authorized agent to make a request on your behalf. You may make such a designation by providing the agent with written permission to act on your behalf. As permitted by law, we may require additional verification in response to a request even if you choose to use an agent.

If you use assistive technology and the format of this Privacy Notice interferes with your ability to access information, please contact us at datarequest@boral.com.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to: datarequest@boral.com or write to us at: 10701 South River Front Parkway, Suite 300, South Jordan, UT 84095.                                                                                                        

Contact Information

You may contact us with questions or concerns about our privacy policies or practices at: datarequest@boral.com

Contact

If you have questions about how we use the personal information you may provide us on this our Sites or about this Privacy Notice, please contact us by email at info@boral.com or call us at 801-984-9400 (US).