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Privacy Policy

Effective Date: September 7, 2020
Last Updated: November 8, 2020

Herbert Malarkey Roofing Company (collectively, “Malarkey Roofing”, “we”, “us”, “our”), values the privacy of individuals who visit our websites and are committed to protecting your privacy, including your Personal Information (as defined in Section 1.1 below).

This Privacy Policy sets forth our practices regarding the collection, use and disclosure of Personal Information through our Websites (as defined in Section 1.2 below under “Websites”). It also describes your choices regarding use, access, and correction of your Personal Information. By using the Websites, you consent to the Personal Information processing practices described in this Privacy Policy. If you do not agree with the Personal Information processing practices described in this Privacy Policy, you should not use the Websites.

1. Definitions

1.1. “Personal Information”

This refers to any information that identifies you personally, directly or indirectly, including contact information, such as your name, email address, aliases, company name, physical and postal address, phone number, IP address, credit card details and other information about yourself or your household. Personal Information can also include information about any transactions, both free and paid, that you enter into the Websites.

1.2. “Websites”

This Privacy Policy applies to our websites (“Websites”), including www.malarkeyroofing.com, as well as any other sites owned and operated by us and related processing activities carried out on our behalf by third parties, e.g., for the purpose of conducting online marketing, payment processing, customer support, as well as other types of services, as described below.

2. Changes and Updates

We periodically update this Privacy Policy. Any changes will be effective from the time the new Privacy Policy is posted, as indicated by the “Effective Date” listed above.

Your use of the Websites after changes to this Privacy Policy have been implemented constitutes your acknowledgement and acceptance of the new Privacy Policy. If you do not agree to the terms of the new Privacy Policy, you must no longer use our Websites.

3. Questions and Concerns

If you have any questions about this Privacy Policy, please contact us at contact@malarkeyroofing.com or by calling us at (800) 545-1192 or by postal mail at:

Herbert Malarkey Roofing Company
Attn: Data Privacy
P.O. Box 17217
Portland, OR 97217
USA

You can also use these contact details to exercise your privacy rights.

4. Information We Collect and How We May Use It

4.1. Information You Voluntarily Provide When You Visit Our Websites

You are free to explore our Websites without providing any Personal Information about yourself. You may also voluntarily provide Personal Information to us when you sign up to receive additional information from our Websites, contact our customer service team, send us an email, post a comment on our blogs, or communicate with us in any other way. The Personal Information we process may include your name, address, email address, phone number, credit card information, and professional information. Furthermore, custom fields may capture any other types of Personal Information that you choose to share with us, including but not limited to Personal Information associated with warranty registration and transfer, roof designs and geolocation data.

4.2. Information We May Collect Automatically

When you browse one of our Websites, we or our third-party service providers may collect information about your visit to our Websites, and your web browsing. That information may include your IP address, your operating system, your browser ID, your browsing activity, and other information about how you interacted with our Websites. We may collect this information as a part of log files as well as through the use of cookies or other tracking technologies. Our use of cookies and other tracking technologies is discussed further below in Section 4.3, which is our Cookie Statement. Please refer to Section 4.3 below titled Use of Personal Information to understand how we may use the Personal Information you voluntarily provide when you visit our Websites. We may use third parties to perform certain services on our behalf. We may share your Personal Information with these third parties, as necessary, solely to enable them to perform those specific services for us. Such third parties include those:

  • assisting us with sending marketing emails and performing social networking tracking;
  • providing cloud storage services;
  • enabling payment processing;
  • monitoring errors on web platforms;
  • providing issue-tracking software;
  • providing video streaming services;
  • providing web analytics, performance tracking, and email automation software; and
  • providing customer support services.

Such third parties are prohibited from using your Personal Information except for these purposes, and they are required to maintain the confidentiality and security of your information.

4.3. Cookies

Malarkey Roofing and its third-party partners use cookies or similar technologies to analyze trends, administer our Websites, track users' movements around our Websites, and to gather demographic information about our user base as a whole. This Cookie Statement explains how Malarkey Roofing uses cookies and similar technologies in the course of our business, including through our Websites. It explains what these technologies are and why we may use them, as well as your rights to control our use of them.

What Are Cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by online service providers in order to (for example) make their websites or services work, or to work more efficiently, as well as to provide reporting information.

Cookies set by the website owner or service provider are called “first-party cookies”. Cookies set by parties other than the website owner are called “third-party cookies”. Third-party cookies enable third-party features or functionality to be provided on or through the website or service you are using (such as advertising, interactive content and analytics). The third parties that set these third-party cookies can recognize your computer both when it visits the website or service in question and also when it visits certain other websites or services.

Malarkey Roofing may keep track of the Websites and pages you visit within the Malarkey Roofing Websites in order to determine what portion of the Website is the most popular or most used. This data is used to deliver customized content and promotions within the Malarkey Roofing Websites to customers whose behavior indicates that they are interested in a particular subject area.

We also may use cookies and similar tracking technologies to serve targeted advertisements. In addition, we partner with third parties to display advertising on our Websites or to manage and serve our advertising on other sites. Our third-party partners may use cookies or similar tracking technologies in order to provide you advertising or other content based upon your browsing activities and interests. Our third party advertising partners include LIST PARTNERS.

In some cases, we may use cookies and other tracking technologies described in this Cookie Statement to collect Personal Information, or to collect information that becomes Personal Information if we combine it with other information.

Other Tracking Technologies

We and our third-party partners may use other, similar technologies from time to time, like web beacons, pixels (or “clear gifs”) and other tracking technologies. These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our Websites or, in the case of web beacons, opened an email that we have sent them. This allows us, for example, to monitor the traffic patterns of users from one page within our Websites to another, to deliver or communicate with cookies, to understand whether you have come to our Websites from an online advertisement displayed on a third-party website, to serve targeted advertisements to you and others like you, to improve site performance, and to measure the success of marketing campaigns. While you may not have the ability to specifically reject or disable these tracking technologies, in many instances, these technologies are reliant on cookies to function properly; accordingly, in those instances, declining cookies will impair functioning of these technologies.

Targeted Online Advertising

We may engage one or more third-party service providers to track and analyze both individualized usage and volume statistical information from interactions with our Websites. We may also partner with one or more third parties (such as advertisers and ad networks) to display advertising on our Websites and/or to manage and serve advertising on other sites.

These third parties use cookies, web beacons, pixel tags and similar tracking technologies to collect and use certain information about your online activities, either on our Websites and/or other sites or mobile apps, to infer your interests and deliver you targeted advertisements that are more tailored to you based on your browsing activities and inferred interests (“Interest Based Advertising”).

Our third-party service providers may also use cookies or web beacons to collect information about your visits to our Websites and/or other sites to measure and track the effectiveness of advertisements and our online marketing activities (for example, by collecting data on how many times you click on one of our ads). The information collected by these third parties does not include Personal Information that enables you to be specifically identified (e.g. by reference to your name or email address).

How Can I Control Cookies?

You have the right to decide whether to accept or reject cookies.

Browser Controls: You can set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our Websites and. However, your access to some functionality and areas of our Websites may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser's help menu for more information.

Disabling Most Interest Based Advertising: Most advertising networks offer you a way to opt out of Interest Based Advertising. If you would like to find out more information, please visit https://www.aboutads.info/choices/ or https://www.youronlinechoices.com.

Mobile Advertising: You can opt out of having your mobile advertising identifiers used for certain types of Interest Based Advertising, including those performed by us, by accessing the settings in your Apple or Android mobile device and following the most recent published instructions. If you opt out, we will remove all data about you and no further data collection or tracking will occur. The random ID we (or our third-party partners) had previously assigned to you will also be removed. This means that if at a later stage, you decide to opt-in, we will not be able to continue and track you using the same ID as before, and you will for all practical purposes be a new user to our system.

Do Not Track: Some Internet browsers - like Internet Explorer, Firefox, and Safari - include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT” signals have not been adopted, our Websites do not currently process or respond to “DNT” signals. Malarkey Roofing takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

How Often Will You Update This Cookie Statement?

We may update this Cookie Statement from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Statement regularly to stay informed about our use of cookies and related technologies.

4.4. Personal Information about Children

The Websites are not intended for or targeted at children under the age of thirteen (13) years, and we do not knowingly or intentionally collect or disclose Personal Information about children under thirteen (13) years of age. If you believe that we have collected Personal Information about a child under thirteen (13) years of age, please contact us as provided for above in the Section titled “Questions and Concerns,” so that we may delete that Personal Information.

4.5. Notice to California Residents

If you are a California resident the California Consumer Privacy Act – “CCPA” – provides you with additional rights with respect to Personal Information, and the sharing of such information.

For California Residents Only

The purpose of this notice is to provide information to California residents and to notify them of their rights under California law. This section is not applicable to and may not be relied upon by anyone else besides California residents. California’s CCPA permits those of our customers who are California residents to annually request a list of their personal data (if any) that we have disclosed to third parties for direct marketing purposes in the preceding calendar year, and the names and addresses of those third parties.

Rights:

(a) California residents have the right to request that we delete the personal data that we have collected about that resident. Please note that there are circumstances under which such a right of deletion does not apply, such as where it is reasonable for us to maintain the personal information to:

  • Complete the transaction for which the personal information was collected, provide a good or service requested or reasonably anticipated, or otherwise perform a contract with the resident.
  • Detect security incidents; protect against malicious, deceptive, fraudulent or illegal activity; or prosecute those responsible for that activity.
  • Debug to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another resident to exercise his or her right of free speech, or exercise another right provided for by law, or Comply with a legal obligation.
  • Comply with the California Electronic Communications Privacy Act.
  • Engage in public or peer-reviewed scientific, historical or statistical research in the public interest (when deletion of the information is likely to render impossible or seriously impair the achievement of such research) if the resident has provided informed consent.
  • To enable solely internal uses that are reasonably aligned with the resident's expectations based on the relationship with us.
  • To otherwise use the personal information, internally, in a lawful manner that is compatible with the context in which the resident provided the information.

(b) California residents have the right to request that we disclose, with respect to that resident,

  • The categories of personal information we have collected.
  • The categories of sources from which we collected the personal information.
  • The purpose for collecting or selling personal information.
  • The categories of third parties with whom we share personal information.
  • The specific pieces of personal information we have collected.

In general, the categories of Personal Information we collect include those identified above.

(c) California residents have the right to not be discriminated against by us for any exercise of these rights.

In order to exercise any rights to deletion or disclosure, please contact us either via email, by calling, or by postal mail as indicated above.

Please note that any requests may be subject to verification of the identification of the requestor. The method we would use to verify your identity will be different depending on the manner and context in which your data was collected. You may be entitled to use an authorized agent to exercise your rights on your behalf and, if you choose to do so, such an agent will also be required to verify their own identity and their authority to act on your behalf.

4.6. Residents of the European Economic Area (“EEA”)

If you are located in the EEA, you may have certain rights under European law with respect to your Personal Information that are described below. The Websites are not intended for users located in the EEA who are under the age of 16. If you are located in the EEA and are under the age of 16, do not use the Websites.

Controller of Personal Information. As noted above in section 3.

Processing. We may process your Personal Information on one or more of the following bases:

  • as necessary to enter into a contract with you or an entity you represent, to perform our contractual obligations, to respond to requests from you, or to provide customer support;
  • as necessary to comply with relevant law and legal obligations, including to respond to lawful requests and orders; or
  • with your consent.

Your Rights. Subject to applicable law, you may have the right to:

  • ask whether we hold Personal Information about you and request copies of such Personal Information and information about how it is processed;
  • request that inaccurate Personal Information is corrected;
  • request deletion of Personal Information that is no longer necessary for the purposes underlying the processing, processed based on withdrawn consent, or processed in non-compliance with applicable legal requirements;
  • request us to restrict the processing of Personal Information where the processing is inappropriate;
  • object to the processing of Personal Information;
  • request portability of Personal Information that you have provided to us (which does not include Information derived from the collected information), where the processing of such Personal Information is based on consent or a contract with you and is carried out by automated means; and
  • lodge a complaint with the appropriate data protection authorities.

You can exercise your rights of access, rectification, erasure, restriction, objection, and Information portability by contacting us at the email address included at the bottom of this Privacy Notice.

When you consent to us processing your Personal Information for a specified purpose, you may withdraw your consent at any time, and we will stop any further processing of your Information for that purpose.

The categories of Personal Information that we collect and information about how that information is retained and used is described herein.

Some of the third parties who receive your Personal Information may be located in countries outside of the European Union or EEA. In some cases, the European Commission may not have determined that the legal environment in those countries provides a level of data protection that is essentially equivalent to the level of protection provided under European Union law. You can see here the list of countries that the European Commission has recognized as providing an adequate level of protection for Personal Information. We will only transfer your Personal Information to third parties in countries not recognized as providing an adequate level of protection to Personal Information when there are appropriate safeguards in place. These may include the European-Commission-approved standard contractual data protection clauses under Article 46.2 of the GDPR, or transfers on the basis of the Privacy Shield Framework.

If the GDPR applies to the processing of your Personal Information with us, the GDPR grants individuals to lodge a complaint with a supervisory authority if you are not satisfied with how we process your Personal Information.

In particular, you can lodge a complaint in the Member State of the European Union of your habitual residence, place of work, or of an alleged violation of the GDPR.

5. How We Use the Personal Information We Collect

In addition to the uses identified elsewhere in this Privacy Policy, we may use your Personal Information to:

(a) improve your browsing experience by personalizing the Websites;

(b) send information to you which we think may be of interest to you by post, email, or other means;

(c) send you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, and

(d) provide other companies with anonymous statistical information about our users – but this information will not be used to identify any individual user.

We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, we do not transfer your unique Personal Information to the third party.

5.1. We Never Sell Personal Information

We understand how important your Personal Information is to you. We are committed to keeping it strictly confidential. We will never sell, rent, or otherwise abuse the Personal Information you have trusted us with. We also confirm that we have not sold any Personal Information to third parties for a business or commercial purpose in the preceding twelve (12) months and have not disclosed Personal Information to any third parties except as described in this Privacy Policy.

Our websites use third party cookies. However, non-strictly necessary cookies are automatically disabled for users in California.

5.3. Advertising

We may partner with third party advertising networks to either display advertising on our Websites or to manage our advertising on other sites. Our ad networks use cookies and Web beacons to collect non-personally identifiable information about your activities on this and other Websites to provide you targeted advertising based upon your interests.

5.4. Customer Testimonials and Comments

We may post customer testimonials and comments on our Websites, which may contain Personal Information, for purposes of marketing our products and services. If your testimonial comments are posted and you would like your testimonial or comments altered or removed from our Websites, please contact us.

5.5. Use of Credit Card Information

If you give us credit card information, we use it solely to check your financial qualifications and collect payment from you. We may use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use information you provide except for the sole purpose of credit card processing on our behalf.

5.6. Social Media Features

Our Websites may include Social Media features, such as the Facebook “Like” button and widgets, the “Tweet This” button, and interactive mini-programs that run on our sites. These features may collect your IP address, which page you are visiting on our sites, 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 our Websites. The way your Personal Information is processed by these third parties is governed by their privacy policies and other policies of the companies providing them.

5.8. External Websites

Our Websites may provide links to other websites. We do not control, and are not responsible for, the content or practices of these other websites. Our provision of such links does not constitute our endorsement of these other websites, their content, their owners, or their practices. This Privacy Policy does not apply to these other websites, which are subject to any privacy and other policies they may have.

5.9. Public Forums

We may offer publicly accessible message boards, blogs, and community forums for you to share your ideas and to enhance our and Websites. Please keep in mind that if you directly disclose any information through our public message boards, blogs, or forums, this information may be collected and used by others.

5.10. Corporate Events

If we (or our assets) are acquired by another company, whether by merger, acquisition, bankruptcy or otherwise, that company would receive all information gathered by Malarkey Roofing on our Websites.

5.11. Job Site Address, Geolocation and Warranty Registration

We may provide address information to third parties or contractors for properties where our products have been installed. You can opt out of having address information disclosed by us by contacting us. If you opt out, we will remove all addresses associated with your properties.

Registration of the warranty is not required to receive full stated coverage of the warranty for your product, but is recommended. If you choose to register your roofing installation and complete the online Shingle Warranty Registration Activation Form at www.malarkeyroofing.com/warranty-center you will be required to provide Personal Information. This information may be retained in third party databases.

5.12. Disclosure of Information

We may disclose Information that we collect from you, including Personal Information:

  • To contractors, service providers, and other third parties we use to support the Websites and our business (e.g., third parties that help us host and operate the Websites and enable your sharing of content available on the Websites, and third parties that perform analytics services for the Websites), and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them;
  • To a successor or potential successor in the event of a proposed or actual merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets in which the Personal Information is among the assets transferred;
  • To fulfill the purpose for which you provide it, but only to the extent it is necessary for that purpose;
  • For any other purpose disclosed by us when you provide the Information, but only to the extent it is necessary for that purpose; and
  • With your consent.

We may also disclose your Personal Information:

  • To comply with any court order, applicable law, or legal process, including responding to any government or regulatory request;
  • To enforce or apply our Terms of Use and other terms that apply to your activities on or through our Services; and
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us or others.

6. Security

6.1. Security of Your Personal Information

We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. We secure the Personal Information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When sensitive Personal Information (such as a credit card number and/or geo-location data) is collected on our Websites and/or transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.