Privacy Policy FM INDUSTRIES, INC.

Last Updated: April 1, 2024

CALIFORNIA PRIVACY POLICY

FM Industries, Inc. ("Company," "we," "our," or "us") takes your privacy seriously. We want you to know how we collect, use, share, and protect your Personal Information and about the rights of California Consumers under California law.

This Privacy Policy addresses the following topics

  • (1) The Scope of this Privacy Policy
  • (2) The Company's Collection, Use and Disclosure of Personal Information
  • (3) Your California Privacy Rights
  • (4) How to Exercise Your Rights
  • (5) How We Will Verify Your Requests
  • (6) Requests by Authorized Agents
  • (7) The Company's Non-Discrimination Policy
  • (8) Your Right to Information About Disclosures of Personal Information for Direct Marketing Purposes
  • (9) Your “Do Not Track” Browser Setting
  • (10) Third-Party Links and Services
  • (11)Minors Under 13 Years of Age
  • (12)For More Information
  • (13)Changes to This California Privacy Policy

Assistance For The Disabled

Alternative formats of this Privacy Statement are available to individuals with a disability. Please contact us at CCPA@fmindustries.com for assistance.

1. The Scope Of This Privacy Policy

  • 1) What Is Personal Information?

    • "Personal Information". "Personal Information" means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California Consumer or household.

  • 2) Whose Personal Information Is Covered By This Policy?

    • This California Privacy Policy applies to the Personal Information of residents of the State of California in their capacity as consumers ("California Consumers").

  • 3) What Personal Information Does This Privacy Policy Cover?

    • This Privacy Policy applies to all Personal Information of California Consumers that we collect both online and offline.

  • 4) Whose Personal Information Is Not Covered By This Privacy Policy?

    • For purposes of this Privacy Policy, "Consumer" does not include:

    California residents who are the Company's employees, job applicants (including members of the Company's "Talent Community"), owners, directors, officers, or independent contractors (collectively, "HR Individuals"), or the emergency contacts of HR Individuals or the dependents or spouses who receive Company benefits by virtue of their relationship to an HR Individual in their capacities as HR Individuals or emergency contacts, dependents, or spouses.

2. The Company's Collection, Use And Disclosure Of Personal Information

This section of the Privacy Policy describes, for the 12 months preceding the date last updated, above, (a) the categories of Personal Information we have collected about you, (b) the sources of that Personal Information, (c) the business and commercial purposes for use, and (d) the categories of third party recipients of your Personal Information. Unless we inform you otherwise, this section also serves as our "notice at collection" by informing you of your Personal Information to be collected in the future and the purposes for its use.

  • 1) Categories Of Personal Information Collected

    • In the last 12 months, the Company collected the following categories of Personal Information about California Consumers:

    Identifiers, including: real name, address, email address, home phone number, and mobile phone number.

    In the last 12 months, the Company collected the categories of Personal Information listed above from the following sources, and used those categories of Personal Information for the following purposes:

    Categories of Personal Information Collected in the Last 12 Months Sources of that Personal Information Business Purposes and Commercial Purposes for Collecting that Personal Information
    Identifiers The California Consumer himself or herself
    • Communicating with current and prospective customers, including responding to questions and messages left by Website Users.
  • 2) Disclosure Of Personal Information To Third Parties

    • In the last 12 months, the Company disclosed the following categories of Personal Information about California Consumers to the following categories of third parties for a business or commercial purpose:

    Category of Personal Information Categories of Third Parties
    Identifiers
    • Service Providers, including the provider of the Company's website.
    • Government agencies, law enforcement, and other parties as required by law, including in litigation
  • 3) No Sale Of Personal Information

    • The Company does not and will not sell California Consumers' Personal Information.

3. Your California Privacy Rights

  • 1) Right to Know

    • California Consumers have the right to submit a verifiable request to know:

    • The categories and specific pieces of Personal Information that the Company has collected about them;
    • The categories of sources from which the Company collected the Personal Information;
    • The categories of Personal Information that the Company sold or disclosed to a third party (other than a service provider) for a business purpose and the categories of recipients of that information; and
    • The business or commercial purposes for the Company's collection, disclosure, or sale of the Personal Information.
  • 2) Right To Delete
    • California Consumers have the right to submit a verifiable request for deletion of their Personal Information that the Company has collected from the Consumer.
  • 3) Right to Correct
    • You have the right to submit a verifiable request for the correction of inaccurate Personal Information maintained by Company, taking into account the nature of the Personal Information and the purposes of processing the Personal Information.
  • 4) Right to Opt Out of Sale of Personal Information
    • California Consumers have a right to opt-out of the sale of the Personal Information. However, as stated above, the Company does not and will not sell Personal Information.
  • 5) Right to Restrict Use and Disclosure of Sensitive Personal Information
    • You have the right to restrict Company’s use and disclosure of your sensitive Personal Information to purposes permitted under the CPRA, such as security, quality control, uses required by law, and disclosures to vendors in support of the permitted purposes. This right only applies to sensitive Personal Information collected or processed by Company for the purpose inferring characteristics about you. The Company does not collect or process your sensitive Personal Information for the purpose of inferring characteristics, and therefore this right does not apply.

4. How to Exercise Your Rights

The Company will respond to requests in accordance with applicable law if it can verify the identity of the individual submitting the request. California Consumers can exercise their rights in the following ways:

  • Complete the online request form available here ;
  • Contact by telephone: 1-877-245-7967 or 877-245-8842.

5. Requests By Authorized Agents

You may designate an authorized agent to exercise your right to know or your right to delete by submitting to us a completed "Authorized Agent Designation" form. You can obtain the designation form by contacting us at CCPA@fmindustries.com..

If an authorized agent submits a request to know or a request to delete on your behalf, the authorized agent must submit with the request either (a) a power of attorney that is valid under California law, or (b) a document signed by you that authorizes the authorized agent to submit the request on your behalf. In addition, we may ask you to follow the applicable process described above for verifying your identity.

6. How We Will Verify Your Requests

The processes that we follow to verify that the person making a request to know or a request to delete is the person about whom we have collected personal information are described below. The relevant process depends on how and why the request is submitted.

  • 1) Requests To Know Categories Of Personal Information:

    We will match at least two data points that you provide with your request to know, or in response to our request for verification information, against information about you we already have in our records and that we have determined to be reliable for purposes of verifying your identity. Examples of relevant data points include your email address or the date you last used the Company's website.

  • 2) Requests To Know Specific Pieces Of Personal Information:

    We will match at least three data points that you provide with your request to know, or in response to our request for verification information, against information that we already have about you in our records and that we have determined to be reliable for purposes of verifying your identity.

  • 3) Requests To Delete Personal Information:

    Our process for verifying your identity will depend on the sensitivity (as determined by Company) of the personal information that you ask us to delete. For less sensitive personal information, we will require a match of two data points as described in Point No. 1, above. For more sensitive personal information, we will require a match of three data points as described in Point No. 2, above.

We have implemented the following additional procedures when verifying the identity of requestors:

  • (1) If we cannot verify your identity based on the processes described above, we may ask you for additional verification information. If we do so, we will permanently delete the verification information that you provide promptly after we have completed the verification process. We will not use that information for any purpose other than verification.
  • (2) If we cannot verify your identity to a sufficient level of certainty to respond to your request, we will let you know promptly and explain why we cannot verify your identity.

7. The Company's Non-Discrimination Policy

California Consumers have the right not to be subject to discriminatory treatment by the Company for exercising their privacy rights under the California Consumer Privacy Act, and the Company will not discriminate on that basis. However, the Company may charge a California Consumer a different price or rate or provide a different level or quality of goods or services if the difference is reasonably related to the value provided to the California Consumer by the Consumer's Personal Information. If the Company does so, it will provide Consumers with any legally required notice.

8. Your Right to Information About Disclosures of Personal Information for Direct Marketing Purposes:

Under California law, California Consumers can request information from us whether we have disclosed Personal Information to any third parties for the third parties' direct marketing purposes.

9. Your ‘Do Not Track’ Browser Setting

The Site collects personally identifiable information about your online activities over time and across third-party websites or online services. We support the Do Not Track (DNT) browser setting. DNT is a preference you can set in your browser’s settings to let the websites you visit, including the Site, know that you do not want the sites collecting your personally identifiable information.

10. Minors Under 13 Years of Age

We respect the privacy of children. Our website is not designed to attract an audience younger than thirteen (13), and we do not knowingly collect Personal Information from children under thirteen (13). If you are under the age of thirteen (13), you are not permitted to use our website and should not send any information about yourself to us through the website. Please contact us using the contact details below if you believe we may have collected information from your child under the age of thirteen (13), and we will work to delete it.

11. For More Information

For questions or concerns about the Company's privacy policies and practices, please contact us at CCPA@fmindustries.com.

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