Privacy Policy

Messer Privacy Policy

Last revised July 25, 2021

Messer Construction Co. (collectively with its subsidiaries, “Messer,” “the Company,” “we,” “us,” and “our,”) respects your privacy and is committed to protecting your privacy through our compliance with this website privacy policy (the “Policy”).  This Policy should be read in conjunction with our Website Terms of Use, into which this Policy is incorporated by reference. 

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 share 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:

  • first and last name;
  • email address;
  • telephone number;
  • location data;
  • community/organization name;
  • areas of interest; 
  • job title; and
  • comments or messages provided in free text boxes.

You may provide us Personal Information when you:  

  • request information
  • send us a message

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:

    1. 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.
  • 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. 
  • 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.

  • 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 shared with other parties. 

Google Analytics. One trusted third party partner that Messer partners with is Google Analytics.  The Website may send aggregated, non-Personal Information to Google Analytics for the purpose of providing us with the ability to conduct technical and statistical analysis on the Website’s performance. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Service, available at http://www.google.com/analytics/terms/us.html and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. To learn more about how Google collects and processes data in connection with Google Analytics, visit http://www.google.com/policies/privacy/partners/.

Hotjar.  Another trusted third party partner that tracks Website user behaviors is Hotjar.  You can opt-out of tracking by Hotjar here: https://www.hotjar.com/opt-out/and can learn about Hotjar’s ability to use and share information through the Hotjar Terms & Conditions of Use, available at https://www.hotjar.com/terms, and the Hotjar Privacy Policy, available at https://www.hotjar.com/privacy/

Facebook Pixel.  With the help of the Facebook pixel, Facebook is on the one hand able to determine the visitors of our online offer as a target group for the presentation of advertisements (so-called "Facebook ads"). Accordingly, we use the Facebook pixel to display our Facebook ads only to Facebook users who have shown an interest in our website or who have specific characteristics (e. g. interests in certain topics or products determined by the websites visited) that we submit to Facebook.  With the help of the Facebook pixel, we also want to make sure that our Facebook ads are in line with the potential interest of users and do not have a nuisance effect.  Using the Facebook pixel, we can also track the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users have been redirected to our website after clicking on a Facebook ad.  Facebook's processing of the data is governed by Facebooks Data Usage Policy. Accordingly, general instructions on how to display Facebook ads, in the Facebook Data Usage policy https://www.facebook.com/policy.php.  For specific information and details about the Facebook pixel and how it works, please visit the Facebook Help Center: https://www.facebook.com/business/help/651294705016616

LinkedIn Insight Tag.  Within our website the marketing functions of the network LinkedIn will be used. Provider is the LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. The LinkedIn Insight Tag is a piece of lightweight JavaScript code that we have added to our website to enable in-depth campaign reporting and to help us unlock valuable insights about our website visitors. We use the LinkedIn Insight Tag to track conversions, retarget website visitors, and unlock additional insights about members interacting with our LinkedIn adverts. The LinkedIn Insight Tag enables the collection of metadata such as IP address information, timestamp, and events such as page views. All data is encrypted. The LinkedIn browser cookie is stored in a visitor's browser until they delete the cookie or the cookie expires. You can permanently opt out on this link: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.  For more information on the LinkedIn Privacy Policy, go to https://www.linkedin.com/legal/privacy-policy

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.

  1. 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. 
  2. 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, 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.

We will not intentionally send you email newsletters and marketing emails 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: 

  • Assisting you with items such as personalized experiences, facilitation of product usage, and enforcement of Terms of Use.   
  • 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. 

How We Share Your Information.

We do not sell or lease your information to any third party.  We may disclose your Personal Information to our trusted third party business partners in accordance with this Policy. 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 share 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.  

Except as described in this Policy, we will not share 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 share 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. 

This Policy does not apply to websites or other domains that are maintained or operated by third parties or our affiliates.  The Website may link to third party websites and services, but these links are not endorsements of these sites, and this Policy does not extend to them.  Because this Policy is not enforced on these third party websites, we encourage you to read any posted privacy policy of the third party website before using the service or site and providing any information  

For example, one trusted third party partner is iSqFt. iSqFt is responsible for collecting and processing prequalification information for subcontractor vendors.  Other trusted third party service providers include Ultimate Software and Service Now.  Ultimate Software collects and processes information you provide when applying for an employment, internship, or co-op position.  Service Now collects and processes information you provide when accessing the Messer Business Portal.  Some of these trusted third party partners will ask you to create a username and password that should only be known to you.

Your California Rights

Pursuant to California Civil Code Section 1798.83, we will not disclose or share your Personal Information with third parties for the purposes of third-party marketing to you without your prior consent. 

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. 

If you are a California consumer, as defined by the California Consumer Privacy Act of 2018 (“Act”), please be advised that Messer Construction Co. does not currently meet the regulatory thresholds of a “business” as that term is defined under the Act and therefore is not required to comply with the Act.  Regardless, all Personal Information will be processed in accordance with this Policy.  

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
marketing@messer.com

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 marketing@messer.com to request a copy of the personal data our Website databases currently contain. 
  • Automated Processing and Decision-Making.  You may email us at marketing@messer.com 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 marketing@messer.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 marketing@messer.com.  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 marketing@messer.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 marketing@messer.com.  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 marketing@messer.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 marketing@messer.com.  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.

If we make any changes to this Policy, a revised Policy will be posted on this webpage and the date of the change will be reported in the “Last Revised” block above. You can get to this page from the Website by clicking on the “Privacy Policy” link (usually at the bottom of the screen).  

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 Corporate Support Office
643 W. Court Street
Cincinnati, OH 45203
(513) 242-1541
marketing@messer.com