Website Privacy Notice

This Privacy Notice (“Notice”) discloses the privacy guidelines that serve as the basis for our user relationships with respect to users of all websites that display a link to this Notice and that are published by Gardner Builders Companies, LLC (collectively, “Gardner Builders,” “us,” “we,” or “our”). Gardner Builders is committed to protecting your privacy. In this Notice, we describe our use, disclosure and processing of Personal Information that we collect online via our Website.

This Notice is incorporated into and made part of any other agreement we may have with you. Please read all agreements we have with you carefully. It is your choice whether or not to provide Personal Information to us. If you choose to do so, you are giving us your express consent to use, process, and disclose your Personal Information as set forth in this Notice. If you choose not to provide your Personal Information to us, you may not be able to use our Website or receive our Services.

We may amend this notice from time to time. If we make any changes which are unacceptable to you, you may cease access to or use of the Websites or our Services. But if you continue to access or use the Websites or continue to use our Services after we post any such changes to this Notice, you will be deemed to have accepted the changes.

Scope Of This Notice

This Notice is to enable users or viewers of our Website (as applied collectively, “you,” “your,” “customer,” or “user”) to better understand what information we may collect, how we may use it, and what choices you may have regarding your information. 

In this Notice, our use of the terms:

• “Personal Information” includes other similar terms under applicable privacy laws—such as “personal data” and “personally identifiable information.” In general, Personal Information includes any information that identifies, relates to, describes, or is reasonably capable of being associated, linked, or linkable with a particular individual; and
• “Service” or “Services” mean the products and services, Website functionality, and/or engagement provided by Gardner Builders to or with you.

This Notice describes, generally, how we handle and process Personal Information relating to:

• the use of our website at https://gardner-builders.com/ (the “Website”);
• individuals who communicate with us, register for accounts on the Website, sign-up for our programs or mailing lists via the Website, or share information through third-party integrations;
• individuals whose Personal Information we receive in providing the products or Services.

Our collection, use, disclosure, and processing of your Personal Information will vary depending upon the circumstances.

Categories Of Personal Information We May Collect

We collect Personal Information to provide better Services and maintain our Website. When you use our Services and/or Website, we may collect the following categories of Personal Information:

• Identifiers such as your name, postal address, phone number, internet protocol (“IP”) address, email address, account name, company, or employer;
• Internet or other electronic network activity information including, but not limited to, service use data, browsing history, order history, operating system, browser type, and information regarding your interaction with an internet website such about how much time you spend on particular pages you visit, the features you use, your preferences or selections, and the services you view;
• Geolocation data, including physical location;
• Information from other sources, such as public databases, social media platforms, and from other third parties;
• Inferences drawn from any of the information listed above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes;
• Information you may voluntarily submit or send to us; and 
• Our communications with you, including whether you opened an email that we sent to you, clicked on any links contained in the email, and information about the device you used to do so. 

Categories Of Sources Of Personal Information We May Collect

We collect Personal Information to provide better Services and maintain Our Website. When You use Our Services and/or Website, we may collect the following categories of Personal Information:

• from you directly;
  • for example, through information you voluntarily submit to us when you register for an account; via forms that you may complete and submit through our Website, and from you at trade shows, retail pop-ups, and customer-service interactions.
• from you indirectly;
  • for example, by observing your actions on our Website.
• from the content of surveys that you may complete;
• from ‘cookies’ and other similar tools deployed on parts of our Websites; 
• from our customers in connection with the provision of Services to them;
• from data analytics providers;
• from service providers;
• from session replay software that is placed on our Websites; or
• from other sources and third parties, such as public databases, referral inquiries, event contacts, business partners, identity verification services and financial information providers, third party integrations, joint marketing and rewards partners, and social media platforms.

Categories Of Information We May Automatically Collect

In addition to the Personal Information described in the prior section, we also may automatically collect Personal Information about your interactions with our Website and may aggregate this information with other information to optimize your online experience with us and to improve our Website. When you visit the Website, we – either directly or through third parties – may collect the following information: 

• Log Information: We collect information about your use of our Website, including your IP address, location data, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us, referring or exit website address, internet service provider, date/time stamp, operating system, locale and language preferences, and system configuration information. 
• Device Information: We collect information about the computer or mobile device you use to access our Website, including the hardware model, operating system and version, and unique device identifiers. 
• Information Collected by Cookies and Other Tracking Technologies: We use different technologies to collect information, including cookies. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, the time you spend on a particular webpage and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies please note that you may not be able to sign in or use some of the interactive features offered on the Website. 

The technologies we may use for automatic information collection include:

• Fathom Analytics. We want to process as little personal information as possible when you use our website. That's why we've chosen Fathom Analytics for our website analytics, which doesn't use cookies and complies with the GDPR, ePrivacy (including PECR), COPPA and CCPA. Using this privacy-friendly website analytics software, your IP address is only briefly processed, and we (running this website) have no way of identifying you. As per the CCPA, your personal information is de-identified. You can read more about this on Fathom Analytics' website.
• Cookies. When you visit our Website, we may assign your device one or more cookies to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies please note that you may not be able to sign in or use some of the interactive features offered on our Website. 
  • A cookie is a small text file that is stored on a user’s computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our Website. A persistent cookie remains on your hard drive for an extended period of time. 
  • We may allow our authorized service providers to serve cookies from our Website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising. You may delete or decline cookies by changing your browser settings (click “Help” in the toolbar of most browsers for instructions). If you do so, some of the features and services of our Website may not function properly.

How We Use Your Personal Information

While the legitimate purposes for which we may collect Personal Information will vary depending upon the circumstances, in general, we may use your Personal Information for the following purposes:

• perform research and analysis about your use of, or interest in, the Website or Services that we offer;
• maintain or service your accounts with us, provide customer service, verify customer information and process payments; 
• provide you with customer support, or otherwise contact you in response to your requests, comments, and questions);
• enforce any agreement we may have with you;
• support our daily operations including to meet risk, legal, financial, and compliance requirements;
• manage and improve our business and perform functions as otherwise described to you at the time of collection;
• defending our legal rights;
• improving the security, integrity, and functionality of the Website;
• carry out any other purpose described to you at the time the Personal Information was collected;
• contacting us: when you contact us, we may ask you to provide, or confirm, Personal Information so that we can respond to your request; and
• receiving push notifications to your mobile device.

We may also use your information in other ways, if you consent to those uses. 

How We Disclose Your Personal Information

The specific circumstances under which we may disclose your Personal Information will vary based on the information you provide us and your use of the Website or receipt of Services. 

Although we do not “share” or “sell” Personal Information to third parties as those terms are defined by applicable privacy laws in exchange for monetary or other forms of compensation from such third parties or for cross-context behavioral advertising, we may disclose or make available Personal Information to third parties for the following legitimate business purposes that include, but are not limited to: 

• ensure the functionality of the Website;
• for legal reasons (e.g., to prevent crime or fraud, or to comply with a court order or legislation);
• to enforce our Terms of Use or other agreements or policies;
• in connection with, or during negotiations of, a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy;
• when you provide us with your consent to share your information with third parties.

We may disclose any of the Personal Information described above to our service providers, payment processors, vendors, and consultants that perform certain services on our behalf, including corporate affiliates; account servicing systems; shipping providers; word processing, communication applications, and calendar providers; governmental and regulatory agencies; advisors such as lawyers, accountants, auditors, banks, lenders, insurers, and consultants; data analytics, network monitoring services, website hosts, and incident response providers; government entities and law enforcement agencies; merger and/or acquisition parties; insurance and benefits providers; and marketing providers. 

Third Party Privacy Policies

Any third parties to whom we may disclose Personal Information may have their own privacy policies which describe how they use and disclose Personal Information. Those policies will govern use, handling and disclosure of your Personal Information once we have shared it with those third parties as described in this Notice. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties.

Aggregated And Deidentified Data

We may deidentify personal information and create anonymous and aggregated data sets and reports in order to assess, improve, and develop our Website, business, products, and Services, prepare benchmarking reports on our industry, and for other research, marketing and analytics purposes. When we deidentify personal information, we have implemented industry standard measures as required by law to ensure that the deidentified data cannot be associated with any individual or customer. We will only maintain and use such data in a deidentified manner and do not attempt to reidentify the data, except as permitted by law. 

To the extent required by law, if Gardner Builders discloses deidentified data to any other party, it will require them to: (a) take reasonable measures to ensure that the deidentified data cannot be associated with any data subject, (b) publicly commit to maintain and use the deidentified data only in a deidentified form, and not attempt to reidentify the data, and (c) contractually obligate any further recipients of the deidentified data to comply with these same requirements. 

How We Protect Personal Information

Gardner Builders maintains administrative, technical, and physical safeguards designed to protect your Personal Information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. We may implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account technological reality, cost, the scope, context and purposes of processing weighted against the severity and likelihood that the processing could threaten individual rights and freedoms. For example, we may use commercially reasonable security measures such as encryption of data in transit and at rest; tokenized payments where applicable; role-based access control; logging, alerting, and audit trails; multi-factor authentication; and regular internal security reviews. However, Gardner Builders cannot guarantee the security of user account or other Personal Information. Unauthorized entry or use, hardware or software failure, and other factors, could compromise the security of user information at any time.

Your Privacy Rights

How You Can Access Your Information

You may request to have all of your Personal Information collected by us removed from our database by emailing a request to the email listed in the “CONTACT US” section below. We will remove such information as soon as practicable, however, we may retain certain information associated with your account for analytical purposes and record keeping integrity, as well as to prevent fraud, enforce our Terms of Use, take actions we deem necessary to protect the integrity of our Website or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Notice, retention of that information will be subject to those third parties’ policies.

Opt-Out

If your browser enables the Global Privacy Control (“GPC”) when visiting our Website, our Website will automatically opt you out of any tracking cookies that may constitute a “sale” where required by law.

Data Retention

Our retention periods for Personal Information are based on our business needs, user requests, and legal requirements as appliable to our Website. We retain your Personal Information for the period necessary for the processing purpose(s) for which the Personal Information was collected, and any other permissible, related purpose unless a longer retention period is required or permitted by law or defined in any agreement we may have with you. We may retain Personal Information for longer where required by our regulatory obligations or professional indemnity obligations, or where we believe it is necessary to establish, defend or protect our legal rights and interests or those of others. We will also retain usage data for internal analysis, to strengthen the security, or to improve the functionality of our products, Services, and Website.

Transfer of Your Personal Information

Your Personal Information is processed at the Gardner Builders operating offices on Gardner Builders-managed servers in the United States. It means that this information may be transferred to—and maintained on—computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. You visiting our Website or receiving our Services represents your agreement to that transfer. We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Notice and applicable laws.

Children's Privacy

Gardner Builders does not knowingly collect Personal Information from children under eighteen (18). If you are under eighteen (18), do not use or provide any information to Gardner Builders, use the Website, or provide any information about yourself to us, including your name, address, telephone number, or email address. If we learn we have collected or received Personal Information from a child under eighteen (18), we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at the email listed in the “Contact Us” section below.

Links To Other Websites

Our Website may contain links to other websites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. The information practices and the content of such other websites are governed by the privacy statements of such websites. We strongly advise you to review the privacy notice of every site you visit. For example, we may offer links to online tools which allow you to share content from our website with third parties or sites of your choosing, such as HubSpot, BambooHR, Instagram, Facebook, YouTube, Twitter (X), TikTok and LinkedIn. By visiting that third party website, you are subject to the privacy notice applicable to that third party website. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

No Rights Of Third Parties

This Notice does not create rights enforceable by third parties.

Changes To This Notice

We may modify this Notice from time to time and will notify you of any updates to our Notice by posting the revised Notice on our Website. If there have been “material” changes as defined by law, we will notify you of the change via email and give you an opportunity to opt-out of the new changes. The last updated date set forth at the top indicates the last time we revised this Notice. We encourage you to review the Notice each time you visit our Website to see if this Notice has been updated since your last visit. Your continued use of our Services or Website signifies your consent and agreement to all changes to this Notice. 

Additional Information For Residents Of Certain Jurisdictions

You may have certain rights regarding the information we collect from or about You pursuant to federal or state privacy laws. However, the applicable law and rights You may have may depend on the state or country in which You reside or are located. Accordingly, You may have the following rights:

• Right to confirm. You may have the right to confirm whether we are processing your Personal Information.
• Right to access. You may have the right to request that we provide You with the information we have collected about You through the Website in the last twelve (12) months in a portable, machine-readable format, to the extent technically feasible.
• Right to know. You may have the right to request that we disclose information to You about Our collection and use of your Personal Information collected through the Website over the past twelve (12) months. Specifically, You may have the right to know:
  • The categories of Personal Information we collected about you;
  • The categories of sources for the Personal Information we collected about you;
  • Our business or commercial purpose for collecting or selling that Personal Information;
  • The categories of third parties with whom we disclose the information for a business purpose;
  • The specific pieces of Personal Information we collected about you; and
  • If information collected through the Website was sold, shared, or disclosed for a business purpose, the categories of third parties it was sold to, shared with, or disclosed to and the categories of Personal Information that were sold, shared, or disclosed.
• Right to delete. You may have the right to have the information collected through the Website deleted, subject to applicable exceptions. We are not required to comply with your request to erase Personal Information if the processing of your Personal Information is necessary for:
  • compliance with a legal obligation; or
  • the establishment, exercise or defense of legal claims.
• Right to correct or update. You may have the right to request that we update your Personal Information, or that we correct your Personal Information that is inaccurate. 
• Right to limit. You may have the right to limit certain uses and disclosures of your Sensitive Personal Data as that term is defined by applicable privacy law. You may have the right to request that we limit certain uses and disclosures of Sensitive Personal Data, to the extent we collect it or use it in ways that reasonable consumers would not expect. 
• Right to opt-out. You may have the right to opt-out of the “sale,” or “sharing” of Personal Information, or “behavioral targeted advertising.” as those terms are defined by applicable data protection laws. You may manage information collected through cookies without making a formal request by adjusting your preferences in the cookie consent tool. 
• Right to an authorized agent. You may have the right to have an authorized agent make a request on your behalf. Please note that if You elect to have an authorized agent exercise your rights on your behalf, we will take steps to ensure that they have your authority, consistent with the applicable data protection laws and regulations.
• Right to appeal. You may have the right to appeal a refusal to take action on a request within a reasonable period of time after your receipt of our decision on any right you’ve exercised herein. Within sixty (60) days of receipt of an appeal, we will inform You in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, you will be provided with an online method through which you may contact the Attorney General of your state of residence to submit a complaint.
• Right to non-discrimination. You may have the right to non-discrimination for exercising your applicable privacy rights.

To inquire about whether applicable privacy laws affords you the rights listed above, or to exercise your rights, please contact us using the information listed in the “Contact Us” section below. Please note that if you wish to exercise your rights, we will take steps to verify your request, including to ensure that you are the individual making the request. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. 

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

We will deliver our written response electronically. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. 

Contact Us

If you have any questions about this Notice, our privacy practices, or wish to exercise the rights you may have above, please contact us at marketing@gardner-builders.com or (612)-326-6377.