Last revised March 1, 2023
This Policy describes:
- The types of information we collect from you or that you may provide when you visit our website available at: https://www.messer.com/ (“the Website”).
- Our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Policy applies to information we collect on this Website or in emails and other electronic messages between you and this Website, and information gathered when you interact with our advertising on third-party websites if such advertisements include links to this Policy.
This Policy does not apply to information collected by us offline or through any other means, including on any other website operated by any third party, or information collected by any third party through any application or content (including advertising) that may link to or be accessible from the Website (for further information, see below, “Third-party Websites”).
Please read this Policy carefully to understand our practices regarding your information and how we will treat it. If you do not agree with our policies and practices, then please do not use the Website. By using the Website, you agree to the terms of this Policy. This Policy may change from time to time (see below, “Changes to this Policy”). Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
What We Collect and How We Collect It.
To ensure that we provide you with the best possible experience, we will store, use, and disclose information about you in accordance with this Policy.
Information You Provide to Us
Personal Information is any information that can be used to individually identify you from a larger group, such as data including, but not limited to, your:
Examples: First and last name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name
Disclosed: Yes - service providers
CATEGORY: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
Examples: First and last name, address, telephone number
Disclosed: Yes - service providers
CATEGORY: Protected classification characteristics
Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information)
CATEGORY: Commercial information
Examples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
CATEGORY: Company information
Examples: The name of your company/organization, your job title, and areas of interest
Disclosed: Yes - service providers
CATEGORY: Sensitive Personal Information
Examples: Precise geolocation
Disclosed: Yes - service providers
CATEGORY: Biometric information
Examples: Genetic, physiological, behavioral, and biological characteristics or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data
CATEGORY: Internet or other similar network activity
Examples: Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement
Disclosed: Yes - service providers
CATEGORY: Geolocation data
Examples: Physical location or movements
Disclosed: Yes - service providers
CATEGORY: Sensory data
Examples: Audio, electronic, visual, thermal, olfactory, or similar information
CATEGORY: Professional or employment-related information
Examples: Current or past job history when you apply for a job on the Website
CATEGORY: Non-public education information
Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records
CATEGORY: Inferences drawn from other Personal Information
Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
Disclosed: Yes - service providers
We obtain the categories of Personal Information listed above from the following categories of sources:
- Directly from you. For example, when you:
- communicate with us, such as request information.
- Indirectly from you. For example, through information, we collect from you in the course of providing our services to you.
- Directly and indirectly from activity on our Website. For example, from Website usage details are collected automatically. For more information on automatic information collection, please review the “Automated Information Collection” section below.
Free-Text Boxes. The information that you provide in each case will vary. In some cases, you may be able to provide Personal Information via email or free text boxes, such as contacting the Company to request further information. When providing your Personal Information, please provide only relevant information and do not provide unnecessary sensitive information, such as Social Security numbers, credit card information or other sensitive personal data.
Location-Based Services. We may collect or use precise location data, including the real-time location of fixed location device and IP addresses, in order to provide you with personalized content, such as relevant project experience and project news based on your location.
Automated Information Collection
In addition to the information that you provide to us, we may also collect information about you during your visit to the Website. We collect this information using automated tools that are detailed below. These tools may collect information about your behavior and your computer system, such as your internet address (IP Address), the pages you have viewed, and the actions you have taken while using the Website. Some of the tools we use to automatically collect information about you may include:
(a) Cookies. A “cookie” is a small data file transmitted from a website to your computer’s hard drive. Cookies are usually defined in one of two ways, and we may use both of them:
(1) session cookies, which do not stay on your computer after you close your browser, and
(2) persistent cookies, which remain on your computer until you delete them or they expire.
We may use the following categories of cookies on the Website.
(i) Performance Cookies.These cookies collect anonymous information on how people use the Website to help us understand how you arrive at our site, browse or use the Website and highlight areas where we can improve, such as navigation. The data stored by these cookies never shows personal details from which your individual identity can be established.
(ii) Functionality Cookies. These cookies remember choices you make such as the country from which you visit the Website, your preferred language, and your search parameters. This information can then be used to provide you with an experience more appropriate to your selections and to make your visits to the Website more tailored to your preferences. The information in these cookies may be anonymized. These cookies cannot track your browsing activity on other websites.
(iii) Targeting Cookies or Advertising Cookies. These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign. The cookies are usually placed by third party advertising networks. These cookies remember the websites you visit and that information is disclosed with other parties.
Meta Pixel. With the help of the Meta pixel, also known as the Facebook Pixel, Meta is able to determine the visitors of our Website as a target group for the presentation of advertisements. With the help of the Meta pixel, we want to make sure that our ads are in line with the potential interest of users and do not have a nuisance effect. Using the Meta pixel, we can also track the effectiveness of Meta or Facebook ads for statistical and market research purposes. Meta’s processing of the data is governed by Meta’s Data Usage Policy, which is available at https://www.facebook.com/policy.php. For specific information and details about the Meta pixel and how it works, please visit the Meta Business Help Center: https://www.facebook.com/business/help/651294705016616.
Of course, if you do not wish to have cookies on your devices, you may turn them off at any time by modifying your internet browser’s settings. However, by disabling cookies on your device, you may be prohibited from full use of the Website’s features or lose access to some functionality.
(b) Web Beacons. A Web Beacon is an electronic image. Web Beacons can track certain things from your computer and can report activity back to a web server allowing us to understand some of your behavior. If we ever offer to send emails to you and you choose to receive those emails, we may use Web Beacons to track your reaction to those emails. We may also use them to track if you click on the links and at what time and date you do so. Some of our third party marketing partners may use Web Beacons to track your interaction with online advertising banners on the Website. This information is only collected in aggregate form and will not be linked to your Personal Information. Please note that any image file on a webpage can act as a Web Beacon.
(c) Third-Party Websites and Services. We work with a number of service providers of marketing communications technology. These service providers may use various data collection methods to improve the performance of the marketing campaigns we are contracting them to provide. The information collected can be gathered on the Website and also on the websites where our marketing communications are appearing. For example, we may collect data where our banner advertisements are displayed on third party websites.
Your Choices and Selecting Your Privacy Preferences.
We want to provide you with relevant information that you have requested.
If we provide subscription-based services, such as email newsletters or marketing emails, we will allow you to make choices about what information you provide at the point of information collection or at any time after you have received a communication from us while you are subscribed to the service. Any transactional or service-oriented messages are usually excluded from such preferences, as such messages are required to respond to your requests or to provide goods and services, and are not intended for the purposes of marketing.
If we provide email newsletters and marketing emails, we will not intentionally send you such marketing communications unless you consent to receive such marketing information. After you request to receive these emails, you may opt out of them at any time by selecting the “unsubscribe” link at the bottom of each email. Please note that by opting out or unsubscribing you may affect other services you have requested we provide to you, in which email communication is a requirement of the service provided.
Any such communications you receive from us will be administered in accordance with your preferences and this Policy.
Accuracy and Access to Your Personal Information.
We strive to maintain and process your information accurately. We have processes in place to maintain all of our information in accordance with relevant data governance frameworks and legal requirements. We employ technologies designed to help us maintain information accuracy on input and processing.
To view and change the Personal Information that you have provided to us, you can contact us directly for assistance.
Information of Minors.
We do not actively seek to gather information from individuals under the age of sixteen (16). We do not target the Website to minors, and would not expect them to be engaging with the Website or services. We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet. If we are aware of any Personal Information that we have collected about minors, we will take steps to securely remove it from our systems.
How We Use Your Information.
The information we gather and that you provide is collected to provide you information and the services you request, in addition to various other purposes, including, but not limited to:
- Preventing malicious activity and provide you with a secure experience.
- Providing service and support for services you request.
- Providing marketing communications that are effective and optimized for you.
- Keeping you up-to-date with the latest benefits available from us.
- Preventing unwanted messages or content.
- Measuring the performance of our marketing programs.
- Contacting you about services and offers that are relevant to you.
Duration. The length of time the Company intends to retain each category of Personal Information, including sensitive information, if any, for as long as reasonably necessary to carry out the Company’s intended business purpose for such information.
How We Disclose Your Information.
We do not sell or lease your information to any third party. We may disclose your Personal Information for a business purpose to the following trusted third party business partners:
- Service Providers. We work with a number of partners that help us process your requests, deliver customer service and support, send email marketing communications, and provide experiences that you have come to expect from us. We will disclose your information with these third parties in order to fulfill the service that they provide to us. These third party partners are under contract to keep your information secure and not to use it for any reason other than to fulfill the service we have requested from them. For more information on the categories of third parties that we may disclose your Personal Information to, please review the Personal Information chart above.
Except as described in this Policy, we will not disclose your information with third parties without your notice and consent, unless it is under one of the following circumstances:
- Responding to duly authorized information requests from law enforcement or other governmental authorities.
- Complying with any law, regulations, subpoena, or court order.
- Investigating and helping prevent security threats, fraud, or other malicious activity.
- Enforcing or protecting the rights and properties of Messer or its subsidiaries.
- Protecting the rights or personal safety of Messer’s employees.
There are circumstances where Messer may decide to buy, sell, or reorganize its business. Under these circumstances, it may be necessary to disclose or receive Personal Information with prospective or actual partners or affiliates. In such circumstances, Messer will ensure your information is used in accordance with this Policy.
Third Party Websites.
For example, trusted third party service providers include Ultimate Software. Ultimate Software collects and processes information you provide when applying for an employment, internship, or co-op position. Some of these trusted third party partners will ask you to create a username and password that should only be known to you.
Your Rights Under State Law
- Shine the Light Law. Pursuant to California Civil Code Section 1798.83, we will not disclose your Personal Information with third parties for the purposes of third-party marketing to you without your prior consent.
- Do Not Track Signals. Some web browsers may transmit “do-not-track” (“DNT”) signals to the websites with which you communicate. We do not currently take action in response to those signals. Therefore, the Website does not operate any differently when it receives DNT signals. If an industry standard on responding to such signals is established and accepted, we may reassess how to respond to those signals.
- WE DO NOT SELL OR SHARE YOUR PERSONAL INFORMATION. If we ever decide to “sell” or “share” Personal Information, as those terms are defined under the California Consumer Privacy Act of 2018, we will update you via this Policy and include a link entitled “Do Not Sell or Share My Personal Information,” to provide you with an opportunity to opt out of the selling or sharing of your Personal Information.
Your Consumer Rights
Some state laws in the United States provide consumers with additional rights with respect to their personal information (also known as “personal data”), as those terms are defined under those applicable state laws. Such state laws may include, but are not limited to, the California Consumer Privacy Act of 2018 (the “CCPA”) as amended by the California Privacy Rights Act, the Colorado Privacy Act (“CPA”) and the Virginia Consumer Data Protection Act (“VCDPA”). Any personal information we collect is collected for the commercial purpose of effectively providing our services to you, as well as enabling you to learn more about, and benefit from, our services. If you reside in a state that provides additional rights with respect to your personal information, you may exercise each of your rights as identified below, subject to our verification of your identity.
- Access. You have the right to request that we disclose certain information to you about our collection, use and disclosure of your Personal Information over the past twelve (12) months. Any disclosures we provide will only cover the 12-month period preceding the receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
- Correction. You can correct what personal data our Website database currently contains by accessing your account directly, or by contacting us to request that we correct or rectify any personal data that you have provided to us.
- Limit Use and Disclosure of Sensitive Personal Information. If we collect any sensitive personal information, you have the right to request that we limit the use of the sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services.
- Portability. Upon request and when possible, we can provide you with copies of your Personal Information. When such a request cannot be honored, we will advise you accordingly. You can then choose to exercise any other rights under this Policy
- Deletion. You have the right to request that we delete any of your Personal Information, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. Where applicable, we will ensure such changes are shared with trusted third parties.
- Opt-out of Processing. You have the right to request that we do not sell your Personal Information, use your Personal Information for Targeted Advertising, or use your Personal Information for profiling. Where applicable, we will ensure such changes are shared with trusted third parties.
- Non-Discrimination. If a data subject exercises his or her rights under applicable state law, including but not limited to the CCPA, CPA, and VCDPA, we shall not discriminate against that data subject by denying our goods or services, charging different prices or rates to similarly situated consumers, providing a different level or quality of our goods or services, or taking any other adverse action.
- Exercising your rights. If you are a data subject that has rights under applicable state law, including but not limited to the CCPA, CPA, and VCDPA, who chooses to exercise the rights listed above, you can:
- Submit a request via email at firstname.lastname@example.org; or
- Call us at (513)-242-1541 to submit your request.
Only you, or someone legally authorized to act on your behalf, may make a request related to your Personal Information. If an authorized agent makes a request on your behalf, we may require proof that you gave the agent permission to submit the request.
Responding to Your Request. Upon receiving your request, we will confirm receipt of your request by sending you an email confirming receipt. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the Personal Information. In some instances, such as a request to delete personal information, we may first separately confirm that you would like for us to in fact delete your personal information before acting on your request.
We will respond to your request within forty-five (45) days. If we require more time, we will inform you of the reason and extension period in writing.
In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.
For Website Visitors Outside of the United States.
Many visitors to the Website may be located outside of the United States. Messer maintains servers and systems in the United States hosted by third-party service providers. Additionally, to provide you with our services, we may store, process, and transmit information in the United States and other locations around the world, including countries that may not have the same privacy and security laws as yours.
Regardless of the country in which such information is stored, we will process your Personal Information in accordance with this Policy.
For Website Visitors in the European Union (“EU”).
Under the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, or “GDPR”), individuals in the EU are afforded specific rights with respect to their Personal Information, or “personal data” as defined under the GDPR. For the purposes of this Policy, the Company operates as a data controller. Any personal data we collect from you is processed in the United States and under the terms of this Policy.
Any personal data we collect from you is processed in the legitimate interest of our business and providing our services to you as the lawful means of such processing. You may always withdraw your consent to our use of your personal data as described below. We will only retain your personal data for the time necessary to provide you the information and services to which you have consented, to comply with the law and in accordance with your rights below.
The Data Controller is:
Messer Construction Co.
643 W. Court St.,
Cincinnati, OH 45203
You can exercise any of the following rights, subject to verification of your identity, by notifying us as described below:
- Access. You may email us at email@example.com to request a copy of the personal data our Website databases currently contain.
- Automated Processing and Decision-Making. You may email us at firstname.lastname@example.org to request that we stop using your personal data for automated processing, such as profiling. In your email, please explain how you wish us to restrict automated processing of your personal data. When such restrictions are not possible, we will advise you accordingly. You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data.
- Correction or Rectification. You can correct what personal data our Website database currently contains by emailing us at email@example.com to request that we correct or rectify any personal data that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause information to be incorrect. Where applicable, we will ensure such changes are shared with trusted third parties.
- Restrict Processing. When applicable, you may restrict the processing of your personal data by submitting a request via email to firstname.lastname@example.org. In your email, please explain how you wish us to restrict processing of your personal data. When such restrictions are not possible, we will advise you accordingly. You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data. Where applicable, we will ensure such changes are shared with trusted third parties.
- Object to Processing. When applicable, you have the right to object to the processing of your personal data by submitting a request via email to email@example.com. When such objections are not possible, we will advise you accordingly. You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data. Where applicable, we will ensure such changes are shared with trusted third parties.
- Portability. Upon request and when possible, we can provide you with copies of your personal data. You may submit a request via email to firstname.lastname@example.org. When such a request cannot be honored, we will advise you accordingly. You can then choose to exercise any other rights under this Policy, to include withdrawing your consent. Where applicable, we will ensure such changes are shared with any trusted third parties.
- Withdraw Consent. At any time, you may withdraw your consent to our processing of your personal data through this Website by notifying us via email at email@example.com. Send an email and simply type the words “WITHDRAW CONSENT” in the subject line of your email. Upon receipt of such a withdrawal of consent, we will confirm receipt and proceed to stop processing your personal data. Where applicable, we will ensure such changes are shared with trusted third parties.
- Erasure. If you should wish to cease use of our Website and have your personal data deleted from our Website, then you may submit a request by emailing us at firstname.lastname@example.org. Upon receipt of such a request for erasure, we will confirm receipt and will confirm once your personal data has been deleted. Where applicable, we will ensure such changes are shared with trusted third parties.
- Submit Complaints or Questions. If you wish to raise a complaint on how we have handled your personal data, you can contact us as described below. If you reside in a European Union member state, you may also lodge a complaint with the supervisory authority in your country.
Safeguarding the Information We Collect.
We take reasonable technical, administrative, and physical safeguards in order to protect your Personal Information against accidental loss and from unauthorized access, use, alteration, and disclosure. However, we can never promise 100% security. You have a responsibility, as well, to safeguard your information through proper use. Please also notify us of any unauthorized use.
Changes to this Policy.
How to Contact Us.
We value your opinions and welcome your feedback. To contact us about this Policy or your Personal Information, please contact us at:
Messer Construction Co.
643 W. Court Street
Cincinnati, OH 45203