Last Updated May 15, 2023
California Privacy (Section 17)
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2. The Types and Categories of Personal Information We Collect
|Personal Information |
|Category ||Description/Examples |
|Personal Identifiers ||Identifiers, such as your name, email address, and telephone number. |
|Registration Data ||Information provided when you register for an account to use the Site, including usernames and passwords. |
|Online Identifiers (For more information, see “Technical Data” below) ||Persistent identifiers that can be used to recognize you or your device over time and across different services, including a device identifier, an Internet Protocol (IP) address, cookies, beacons, pixel tags, mobile ad identifiers, and similar technology. |
|Commercial Information ||Records of the Services you purchased, obtained, or considered, or your other purchasing or consuming histories or tendencies with respect to our Services. |
|Business Contact Data ||Information related to employees, owners, directors, officers, or contractors of a third-party organization (e.g., business, company, partnership, sole proprietorship, nonprofit, or government agency) with whom we conduct, or possibly conduct, business activities. |
|Health and Disability Data ||You may furnish us with health-related information in the event we undertake health screening or accommodate a disability when you engage with us. |
|Marketing and Communications Data ||Information with respect to your marketing preferences and your subscriptions to our publications and alerts. You may opt out from email marketing at any time by using the “unsubscribe” feature within an email marketing communication or by contacting us in accordance with the “Contact Us” section below. |
|Communications ||Communications with us (such as recordings of calls with customer service representatives for quality assurance and training purposes), and other communications that occur through the Site. |
|Internet and Electronic Network Data ||Data pertaining to your access or use of the Site, including browsing history, search history, and information regarding your interaction with the Site or advertisements embedded on the Site or other third-party websites, and information derived from any device that connects to our WiFi services. |
|Your Feedback ||Information you provide about our Services, which may include data gathered from any the Dayton Superior surveys or reviews submitted by you. |
|Visitor Information ||Information an individual provides when visiting any of Dayton Superior’s physical location or premises of the (e.g., visitor logs and registries, vehicle and parking information). |
|Video and Images ||In some circumstances, you may provide us images (e.g., your use of a product) or we may record you via a video camera (e.g., on-premises security systems) or through video teleconferencing. |
|Geolocation Data ||Information about the general city, state, or region in which a user of the Site is located. |
|Professional or Employment Data (For more information, see “Employment Applications and Talent Management” below) ||If you apply for a job with the Dayton Superior, we collect information set forth in a resumé, curriculum vitae, cover letter, and similar documentation, including contact details, employment history, skills, or qualifications, education level, job compensation and benefit preferences, criminal record, credit history and similar data, and information provided about or by your references. |
|Inferences ||Inferences drawn from some of the personal information categories identified herein and used to create a consumer profile reflecting your purchasing and marketing preferences, characteristics, and behavior. |
3. Technical Data
When you access the Site, we collect certain data automatically using technical means and tools. This data relates to your device, as well as your experience on the Site and other websites, including the following:
Usage and Device Data. When you access and use the Site, we automatically collect details of your access to and use of the Site, including traffic data, usage logs and other communication data, and the resources that you access and use on or through the Site (e.g., browsing history, search history). We may also collect information about your device and internet connection, including the device’s unique identifier (e.g., device type, IMEI, Wi-Fi MAC, IP address), operating system, browser type, and mobile network information. The Site may collect “diagnostic” data related to your use of the Site, such as crash data and logs, performance data (e.g., launch time, hang rate, or energy use), and any other data collected for the purposes of measuring technical diagnostics.
4. Sources of Information
First Party / Direct Collection. We collect personal information directly from you when you use our Services (e.g., registering accounts, completing purchases, signing up for subscriptions), when you provide a Product Review (as defined below), or whenever you directly engage with us, such as when you visit our offices or premises or otherwise contact us.
Automated Collection. As described above, we may collect information and data, such as usage data and cookies, through automated means when you use the Site (see “Technical Data” above).
Third-Party Sources. We collect personal information from third parties, such as publicly available databases, social networking providers, advertising companies, our service providers, and third-party references.
5. How We Use your Information / Purpose of Collection
We may use the personal information we collect about you in order to perform our Services, comply with our legal obligations, and promote our business interests.
|How Your Personal Information Is Used |
|Provide, operate, maintain, improve, and promote our Services. |
|Enable you to access and use our Services. |
|Process and complete transactions, and send you related information, including purchase confirmations and invoices. |
|Send you messages and communications related to our Services (e.g., responses to your comments, questions, and requests, customer services). |
|Furnish technical notices, updates, security alerts, and support and administrative messages to you about our Services. |
|Provide you promotional and marketing communications (e.g., information about our Services, features, surveys, newsletters, offers, promotions, contests, and events). |
|Process and deliver contest or sweepstakes entries and rewards. |
|Monitor and analyze trends, usage, and activities in connection with our Services to promote our business interests. |
|Investigate and prevent fraudulent transactions, unauthorized access to or use of our Services, and other illegal activities. |
|Personalize our Services, including providing features or advertisements that match your interests and preferences. |
6. Sharing Information / Third-Party Disclosures
|Category of Recipient||Purpose of Disclosure|
|Intra-Group||We may share your personal data with our parent company, and our affiliates, and subsidiaries.|
|Service Providers||We share personal data with third parties in connection with the delivery of our Services (e.g., credit card processing, customer service, business analytics, fraud prevention, legal compliance services, and advertising and marketing).|
|Business Partners||We may share your personal data with third parties that distribute our goods, products, and marketing materials.|
|Business Restructuring||Circumstances may arise where, for strategic or other business reasons, we decide to sell, buy, divest, merge or otherwise reorganize our businesses. We may disclose your personal data to the extent reasonably necessary to proceed with the negotiation or with the completion of a merger, acquisition, divestiture or sale of all or a portion of our assets.|
|We may disclose personal data (i) if required by law or government order, or with a legal process, (ii) to protect and defend our rights or property, or (iii) in urgent circumstances, to protect the health and personal safety of any individual. In addition, we may disclose your personal data with any third party when we believe such disclosure is necessary to defend or protect our legal, regulatory, or business interests.|
|Consent||In addition to the reasons for disclosure set forth herein, we may also disclose your personal data upon your consent.|
7. Social Media
We may engage with you on various social media platforms (e.g., Facebook, Twitter, Pinterest, Instagram). If you contact us on a social media platform for customer support or for other reasons, we may contact you via the social media’s direct message tools. Certain social media platforms may also automatically provide us with your personal information, the information we receive will depend on the terms that govern your use of the social media platform(s) and any privacy settings you may have set. The Site may include social media features and widgets (e.g., the “Facebook Like” button, the “Share This” button) or interactive mini-programs that run on the Site. These features may collect your IP address and which Site page you are accessing and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy statement of the relevant social media platform that provides them.
8. Links to Other Websites; Your Direct Third-Party Disclosures
9. Data Retention and Localization
Dayton Superior is based in the United States, and the personal information that we collect and process is retained and stored in the United States. Dayton Superior uses service providers that store personal information on our behalf in the United States and in other third countries. Please be aware that the United States, and these other third countries, may not provide the same level of protection of personal information as in your country, state, or other jurisdiction of residence or nationality, and when transferred to the United States or elsewhere, your personal information may be accessible by, or otherwise made available to, local government authorities and officials pursuant to judicial and/or administrative orders, decrees, and demands, and/or other domestic laws, statutes, and regulations. By continuing to provide us such information, you hereby acknowledge and agree that your personal information will be transferred to, and stored in, the United States and in such other third countries. You may not access or use the Site or our Services if you are located in the European Economic Area, Switzerland, or the United Kingdom.
We seek to protect the security of your personal information and use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. HOWEVER, NO INFORMATION SYSTEM CAN BE FULLY SECURE, AND WE CANNOT GUARANTEE THE ABSOLUTE SECURITY OF YOUR PERSONAL INFORMATION. MOREOVER, WE ARE NOT RESPONSIBLE FOR THE SECURITY OF PERSONAL INFORMATION YOU TRANSMIT TO THE SITE AND/OR THE SERVICES OVER NETWORKS THAT WE DO NOT CONTROL, INCLUDING THE INTERNET AND WIRELESS NETWORKS, AND YOU PROVIDE US WITH ANY PERSONAL INFORMATION AND DATA AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DATA INCIDENT OR EVENT THAT MAY COMPROMISE THE CONFIDENTIALITY, INTEGRITY, OR SECURITY OF YOUR PERSONAL INFORMATION CAUSED BY A THIRD PARTY. The safety and security of your personal information also depends on you. Where we have given you (or where you have chosen) a username and password to access our Services, you are responsible for maintaining the security and confidentiality of those credentials and not revealing them to others. You must contact us immediately (and in any event within twenty-four (24) hours) if you have reason to believe that your username or password to our Services has been compromised. You acknowledge and agree that we may contact you via email or other electronic communications in the event we are legally required to notify you of a data security incident or event related to your personal information.
11. No Data Collected from Children
The Site is not directed at, nor intended for use by, children. As a result, if you are under the age of sixteen (16), you are prohibited from accessing or using the Services (including the Site) or with providing us with your personal information.
12. Publicly Posted Information; Product Reviews
You may, from time to time, have the ability to submit via the Site a comment on, provide an opinion about, rate, or otherwise discuss our Services (a “Product Review”). In other circumstances, you may directly provide us feedback on our business, our business sector, or the Services (“Feedback”). Any information or content you post in a Product Review or in your Feedback may be available to other users of the Site (and our social media platforms) and may be retrievable by third-party search engines, and third parties may also be able to download or share your Product Review and Feedback to social media websites or elsewhere. We recommend that you guard your privacy and anonymity and not upload any information in your Product Review and Feedback that you wish to remain confidential. Any third party with access to your information via the Site will be permitted to use the information in the same manner as if you submitted the information directly to that third party. Publicly posting any information on the Site is entirely voluntary on your part, and we recommend you carefully consider the information you choose to make publicly available. As between you and Dayton Superior, any and all Product Reviews and Feedback shall be considered our confidential and proprietary information. In order for Dayton Superior to utilize such Product Reviews and Feedback, you grant to Dayton Superior a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license, with the right to sublicense, under all relevant intellectual property rights, to use, publish, and disclose such Product Reviews and Feedback in any manner we choose and to display, perform, copy, make, have made, use, sell, and otherwise dispose of Dayton Superior’s and our sub-licensees’ products or services embodying such Product Reviews and Feedback in any manner and via any media we choose, without reference to the source. Dayton Superior shall be entitled to use Product Reviews and Feedback for any purpose without restriction or remuneration of any kind with respect to you and/or your representatives.
13. Your Responsibilities
You are permitted, and hereby agree, to only provide personal information to Dayton Superior if such personal information is accurate, reliable, and relevant to our relationship and only to the extent such disclosure will not violate any applicable data protection law, statute, or regulation or infringe upon a person’s data privacy rights or privileges. IF YOU PROVIDE PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) TO DAYTON SUPERIOR, YOU EXPRESSLY REPRESENT AND WARRANT TO DAYTON SUPERIOR THAT YOU HAVE THE FULL RIGHT AND AUTHORITY TO PROVIDE DAYTON SUPERIOR WITH SUCH PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) AND THAT DAYTON SUPERIOR’S USE AND PROCESSING OF SUCH PERSONAL INFORMATION AS SET FORTH HEREIN WILL NOT VIOLATE ANY PERSON’S RIGHTS OR PRIVILEGES, INCLUDING RIGHTS TO PRIVACY. YOU HEREBY AGREE TO FULLY AND COMPLETELY INDEMNIFY DAYTON SUPERIOR FOR ANY CLAIMS, HARM, OR DAMAGES THAT MAY ARISE FROM YOUR PROVISION OF PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) TO DAYTON SUPERIOR.
14. Updating Your Information
It is important that the personal information that you provide to us is accurate and reliable. In certain circumstances, you may have the ability to directly edit your account to update and change your personal information (e.g., name, telephone number, email), and you must do so when such changes are warranted. You may review, update, or modify your personal data, including profile and contact information, at any time by contacting us in accordance with the “Contact Us” section below.
15. Australia Privacy Rights
Complaint Process. Please notify us of any complaint you may have about our handling of your personal information by contacting us using any of the following means: (email) Info@DaytonSuperior.com, (mail) Dayton Superior, ATTN: Data Privacy, 1125 Byers Road, Miamisburg, OH 45342, and please set forth the details of your complaint. We will undertake commercially reasonable efforts to reply to your complaint within thirty (30) days and will, where necessary or appropriate, advise you of the general reasons with respect to how we responded to your complaint. Notwithstanding the foregoing, you may submit a complaint at any time to the Office of the Australian Information Commissioner.
16. Canada Privacy Rights
17. California Privacy Rights
Data Privacy Rights. Pursuant to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”), California residents are entitled to certain data privacy rights:
- Right to Know (Specific Pieces of Personal Information). You have the right to know the specific pieces of your personal information that we have collected about you.
- Right to Know (Categories of Personal Information). You have the right to know (i) the categories of personal information we have collected from you; (ii) the categories of sources from which the personal information is collected; (iii) the categories of your personal information we have sold or disclosed for a business purpose; (iv) the categories of third parties to whom your personal information was sold or disclosed for a business purpose; and (v) the business or commercial purpose for collecting or selling your personal information.
- Right to Delete. You have the right to request that we delete your personal information that we have collected and retain. '
- Right to Correct. You have the right to request that we correct inaccurate personal information that we have collected and retain.
- Nondiscrimination. You have the right not to be subject to discrimination for asserting your rights under the CCPA.
Submit a Privacy Request. To submit a privacy request, you may contact us using the “Contact Us” section below. An authorized agent must be registered with the California Secretary of State to conduct business in California.
Privacy Request Verification Process. If you (or your authorized agent) make any request related to your personal information, Dayton Superior will ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. In particular, Dayton Superior will, to the extent required or permitted by law, require you (or your authorized agent) to verify your request via email, request certain contact information or government identifiers, and we will match at least two pieces of such personal information with data that we have previously collected from you before granting you access to, erasing, or correcting, specific pieces or categories of personal information, or otherwise responding to your request. We may require written documentation that demonstrates a third party is authorized to serve as your agent for the purposes of submitting the requests set forth herein, unless you have provided the authorized agent with power of attorney pursuant to California Probate Code §§ 4121 to 4130. None of the CCPA’s rights are absolute, and such rights are subject to legal and regulatory exceptions and exemptions. For more information about the CCPA, please see https://oag.ca.gov/privacy/ccpa.
Opt-Out Rights / Do Not Sell My Personal Information. California residents have the right to opt out of the “sale” of their personal information. However, Dayton Superior does not sell your personal information to third parties for profit or monetary or other valuable consideration, and therefore we do not provide opt-out request processes for the sale of personal information (because we do not undertake such activities).
Children. The Site is not directed at, and should not be used by, minors under the age of sixteen (16), and therefore Dayton Superior does not knowingly sell or share the personal information of minors under sixteen (16) years of age.
Limit Use of Sensitive Personal Information. Dayton Superior does not use or disclose sensitive personal information for reasons other than those set forth in the CCPA, and therefore we do not provide individuals with the ability to limit how we use or disclose such sensitive personal information.
California “Shine the Light”. Under California Civil Code Section 1798.83 (“Shine the Light”), California residents have the right to request in writing from businesses with whom they have an established business relationship: (a) a list of the categories of personal information, as defined under Shine the Light, such as name, email address, and mailing address, and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and (b) the names and addresses of all such third parties; however, we do not disclose personal data to third parties for their direct marketing purposes.
18. Nevada Privacy Rights
Dayton Superior does not currently conduct “sales” of personal information for purposes of Nevada law. Notwithstanding the foregoing, Nevada residents may submit a request directing us to not sell personal information we maintain about them to third parties who will sell or license their information to others. If you would like to exercise this right, please contact us in accordance with the “Contact Us” section listed below.
19. Virginia Privacy Rights
Data Privacy Rights. Pursuant to the Virginia Consumer Data Protection Act, Virginia residents are entitled to certain data privacy rights:
- To confirm whether or not Dayton Superior is processing your personal information, and to access such personal information.
- To request Dayton Superior correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes of the processing of the personal information.
- To request Dayton Superior delete your personal information.
- To obtain a copy of the personal information that you previously provided Dayton Superior in a portable and, to the extent technically feasible, readily usable format that allows it to be transmitted to another entity without hindrance, where the processing is carried out by automated means.
Submit a Privacy Request. To submit a privacy request, you may contact us using the “Contact Us” section below.
Privacy Request Verification Process. If you make any request related to your personal information, Dayton Superior will ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. In particular, before granting you access to, erasing, or correcting, specific pieces or categories of personal information or otherwise responding to your request, Dayton Superior will, to the extent required or permitted by law, (i) require you (or your authorized agent) to verify your request via email, (ii) request certain contact information or government identifiers, and (iii) match at least two pieces of such personal information with data that we have previously collected from you. None of Virginia’s privacy rights are absolute, and such rights are subject to exceptions and exemptions. For more information about the Virginia Consumer Data Protection Act, please see https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1392ES1.
Privacy Requests Appeals Process. If you would like to appeal a decision Dayton Superior has made with respect to your privacy request, please email us at Info@DaytonSuperior.com., with the subject line “ATTN: Privacy Appeals,” and describe the nature of your request, and the reason for requesting an appellate review. Virginia residents may file privacy complaints with the Virginia Attorney General (https://www.oag.state.va.us/contact-us/contact-info).
Opt-Out Rights / The Sale of Personal Information. Virginia residents have the right to opt out of the “sale” of their personal information. However, Dayton Superior does not sell your personal information to third parties for or monetary consideration, and therefore we do not provide opt-out request processes for the sale of personal information (because we do not undertake such activities).
Opt-Out Rights / Profiling. Virginia residents have the right to opt out of having their personal information used for profiling in furtherance of decisions that produce legal or similarly significant effects. However, Dayton Superior does not engage in such activities.
20. Do-Not-Track Signals
Some web browsers may transmit “do-not-track” signals to the website with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they are even aware of them. Unless otherwise required by law, we currently do not take action in response to these signals.
21. Persons with Disabilities
22. Rewards Programs and Financial Incentives
California Rewards Program Rights. Pursuant to the CCPA, you may be entitled to be informed as to why financial incentive programs, or price or service differences, are permitted under the law, including (i) a good-faith estimate of the value of your personal information that forms the basis for offering the financial incentive or price or service difference, and (ii) a description of the method we used to calculate the value of your personal information. Generally, we do not assign monetary or other value to personal information. However, in the event we are required by law to assign such value in the context of Rewards Programs, or price or service differences, we have valued the personal information collected and used as being equal to the value of the discount or financial incentive provided, and the calculation of the value is based upon a practical and good-faith effort often involving (i) the categories of personal information collected (e.g., names, email addresses), (ii) the transferability of such personal information for us and our Rewards Programs, (iii) the discounted price offered, (iv) the volume of consumers enrolled in our Rewards Programs, and (v) the product or service to which the Rewards Programs, or price or service differences, apply. The disclosure of the value described herein is not intended to waive, nor should it be interpreted as a waiver to, our proprietary or business confidential information, including trade secrets, and does not constitute any representation with regard to generally accepted accounting principles or financial accounting standards.
23. Employment Applications and Talent Management
24. Events and Video Teleconferencing
Dayton Superior hosts and uses video teleconferencing platforms to facilitate conferences, meetings, training events, and other programs. We often use online platforms that are owned and administered by a third-party service provider (e.g., Google, Zoom, WebEx, Skype for Business). Please be aware that our video teleconferencing may record the content, conversations, and discussions thereon, and such records may be stored or retained by our third-party service providers. By participating in our events and video teleconferencing, you hereby consent to the collection and retention of any information provided therein, and you hereby consent to the recording of such activities.
25. Changes to the Policy
26. Contact Us